PICUM Bulletin — 7 June 2017
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PICUM — The Platform for International Cooperation on Undocumented
Migrants <http://picum.org>
PICUM Bulletin — 7 June 2017
* Borders <#cat_25547>
* United Nations <#cat_25444>
* European Policy Developments <#cat_25445>
* National Developments <#cat_25623>
* Health Care <#cat_25446>
* Labour and Fair Working Conditions <#cat_25544>
* Undocumented Children and Their Families <#cat_25554>
* Detention and Deportation <#cat_25597>
* PICUM IN THE NEWS <#cat_40004>
Borders
*
AUSTRIA / GERMANY / ITALY / Call for EU-mission on
Libya-Niger border and for closure of Mediterranean route
<http://picum.org/en/news/bulletins/56042#news_55996>
In a letter to the European Commission from 11 May 2017, the German
and Italian Ministers of Interior, Thomas de Maizière and Marco
Minniti, asked for the establishment of an EU Mission at the border
between Libya and Niger. Technical and financial support should be
given to Libyan authorities to reduce irregular migration,
particularly at the border with Niger. Austria’s Minister of
Interior, Wolfgang Sobotka, supported calls for an EU-mission at the
southern border of Libya. He also demanded action to control
migration at the southern borders of Europe including the closure of
the Mediterranean route. Mr Sobotka stated that rescue at sea could
be seen as a ticket to Europe as it gives organised smugglers
grounds to convince people to migrate for economic reasons. He added
that Austria is in close contact with Italy and is prepared to take
immediate action if necessary.
Sources: Euractiv
<https://www.euractiv.com/section/africa/news/italy-germany-call-for-eu-mission-on-libya-niger-border/>,
15 May 2917; FOCUS
<http://www.focus.de/politik/ausland/migration-oesterreich-pocht-auf-schliessung-der-mittelmeer-route_id_6982602.html>,
19 April 2017; RP
<http://www.rp-online.de/politik/ausland/fluechtlingskrise-oesterreich-fordert-schliessung-der-mittelmeer-route-aid-1.6764163>,
19 April 2017; POLITICO
<http://www.politico.eu/article/austria-calls-for-closure-of-mediterranean-migrant-route/>,
19 April 2017
*
BALKAN ROUTE / REPORT / Mass abuse and push-backs of
migrants along Western Balkan route
<http://picum.org/en/news/bulletins/56042#news_55997>
Oxfam released a report “A Dangerous Game” in cooperation with the
Belgrade Centre for Human Rights (BCHR) and the Macedonian Young
Lawyers Association (MYLA) in April 2017. Researchers interviewed
140 migrants and refugees of whom 75 had been expelled from Hungary
to Serbia, 19 from Croatia to Serbia, 44 from Serbia to either
Bulgaria or Macedonia, seven from Bulgaria to Turkey and one from
Macedonia to Greece. Some were expelled more than once and from more
than one location. A large majority came from Afghanistan, the
others from Pakistan, Syria, Iraq, Iran, Egypt and Lebanon. All 140
migrants reported abuses and breaches of law by police officers,
border control or other state security agents while travelling along
the Western Balkan route, including against children. In Hungary,
police officers made migrants and refugees sit in the snow naked
while they poured cold water over them. In Bulgaria migrants were
robbed of belongings by police officers before being sent back
across the border. Bulgarian authorities administered electric
shocks. Hungary and Croatia have used tactics, such as attack dogs
and forcing people to strip naked in freezing temperatures. Besides
the abuses, the report documents various cases of pushbacks and
obstacles to accessing fair asylum procedures, lawyers and
translators. The report calls on the governments of Serbia,
Macedonia, Croatia, Hungary and Bulgaria to immediately stop
violating rights of people seeking protection. Furthermore, that the
European Union ensure compliance with international law and human
rights standards throughout the EU. Read the full report here
<https://www.oxfam.de/system/files/balkan-bericht_a_dangerous_game_0.pdf>.
Sources: OXFAM
<https://www.oxfam.de/ueber-uns/aktuelles/2017-04-06-balkan-route-migranten-berichten-brutalen-misshandlungen>,
6 April 2017; epo
<http://www.epo.de/index.php?option=com_content&view=article&id=13678:ngo-studie-migranten-berichten-von-misshandlungen-an-europas-grenzen&catid=95&Itemid=100067>,
6 April 2017; EURACTIV
<https://www.euractiv.de/section/europakompakt/news/ngo-bericht-misshandlung-von-migranten-an-europas-grenzen-alltaeglich/>,
6 April 2017
*
MACEDONIA / Irregular migrants more exposed due to
restrictive policies and securitisation of borders
<http://picum.org/en/news/bulletins/56042#news_55998>
Due to securitization along the Balkan route, irregular migrants
risk abuse from both the authorities and organised crime networks.
The organisation Legis issued a report ‘Irregular Migration in
Macedonia’, gathering its observations during outreach work with
migrants in the Lipkovo Municipality over a six-month period from 25
August 2016 to 31 January 2017. Legis notes that the lack of regular
pathways into the EU, restrictive admission policies and the
securitisation of borders lead to higher risks of rights’ violations
by the authorities: migrants are sometimes denied access to asylum
procedures, and at least 1,390 deportations from Serbia did not
follow regular procedures. The situation also facilitates smuggling,
human trafficking and organised crime, putting irregular migrants at
risk of abuse, extortion and kidnapping. Irregular migrants are
often unaware of the possibilities for protection, and abuses go
unreported as they risk detention and deportation when contacting
the authorities. Read the full report here
<http://legis.mk/uploads/6%20MONTHS%20REPORT%20on%20IRREGULAR%20MIGRATION%20OUTREACH%20in%20MACEDONIA%20Legis.pdf>.**
*
GERMANY / Increase in irregular migration through
Switzerland to Germany
<http://picum.org/en/news/bulletins/56042#news_55999>
According to the German Ministry of Interior, the number of
irregular entries through Switzerland to Germany is three times
higher than the previous year. The federal police reported 1,350
irregular border crossings in January and February 2017. However,
these numbers only reflect identified irregular entries and security
authorities estimate the actual numbers to be significantly higher.
In the first two months of 2016, only 402 irregular entries were
recorded. Nevertheless, taking account of the entire German border,
authorities estimate an overall decrease in irregular entries
compared to the previous year. Since January 2017, 9,000 cases have
been reported. Despite demands for reinforced controls at the border
with Switzerland, the German government states it is not required
considering the current numbers. In a nationwide major operation
near the border between 27 March and 2 April 2017, German police
conducted passport controls of nearly 87,300 bus passengers,
registering 146 irregular entries.
Sources: Zeit
<http://www.zeit.de/gesellschaft/zeitgeschehen/2017-04/migration-schweiz-mittelmeer-bundespolizei>,
9 April 2017; Tagesschau
<http://www.tagesschau.de/inland/illegale-migration-101.html>, 22
March 2017; SZ
<http://www.sueddeutsche.de/politik/illegale-einreise-kontrollwunsch-abgelehnt-1.3459121>,
10 April 2017; Berliner Zeitung
<http://www.berliner-zeitung.de/berlin/polizei/illegale-einreise-87-282-passagiere-bei-grossrazzia-in-fernbussen-kontrolliert-26667726>,
5 April 2017
*
MEDITERRANEAN / Migrant arrivals reach over 59,000 and 1,340
die <http://picum.org/en/news/bulletins/56042#news_56000>
According to the International Organization for Migration’s (IOM)
Missing Migrants Project, from 1 January 2017 until 21 May 2017,
1,340 people died at sea and 59,135 migrants and refugees entered
Europe by sea. On 23 May alone, Doctors Without Borders (MSF) and
Save the Children reported saving 1,550 migrants in the
Mediterranean and almost 90 migrants were saved from three boats
near the Spanish coast in Cádiz. In April, various aid organisations
and rescue workers such as the Migrant Offshore Aid Station (MOAS),
the Italian NGO Sea Eye, the German group Jugend Rettet, and MSF
were involved in large rescue operations. According to reports, more
than 2,000 people were rescued on 14 April and about 3,000 on 15
April alone. On 13 April, a boat sank from which 23 people were
rescued and nearly 100 migrants died. Meanwhile, the Director of the
European border agency FRONTEX, Fabrice Leggeri, stated that the
more rescuers are sent to the Libyan coast by the international
community, the more smuggling would be facilitated. In a report
<https://www.amnesty.org/en/documents/eur30/6319/2017/en/>, Amnesty
International expressed concern that Italian authorities may be
attempting to circumvent their obligation to protect people by
facilitating the interception of refugees and migrant boats by
Libyan authorities in the central Mediterranean.
Sources: BBC <http://www.bbc.com/news/world-europe-39614407>, 16
April 2017; SZ
<http://www.sueddeutsche.de/politik/fluechtlinge-im-mittelmeer-frontex-kritisiert-private-fluechtlingsretter-im-mittelmeer-1.3467875>,
19 April 2017; Heraldo
<http://www.heraldo.es/noticias/nacional/2017/05/23/rescatados-inmigrantes-aguas-cadiz-1177216-305.html>,
23 May 2017; International Organization for Migration, Missing
Migrants
<https://missingmigrants.iom.int/mediterranean-migrant-arrivals-reach-549135-2017-deaths-1340>,
23 May 2017
**
*
SWEDEN / End of ID checks at Swedish-Danish border
<http://picum.org/en/news/bulletins/56042#news_56001>
Sweden ended the practice of ID-controls of people arriving via
trains, ferries and buses from Denmark on 4 May 2017. According to
police in the south of Sweden, they detected 24 migrants and asylum
seekers arriving from Denmark within four days with a usual average
of about five people a week. Figures of the Swedish Migration Agency
(Migrationsverket), however, show now overall increase of asylum
requests for the period in Sweden. The number of rejections on the
border also increased, mainly due to insufficient reasons to claim
asylum or because the individual had already applied for asylum in
another EU country. The controls had been in place since January
2016 as a result of the high number of asylum seekers arriving at
the border. About 330 people seek asylum in Sweden each week and the
country is predicting that between 22,000 and 45,000 people will
seek asylum in 2017.
Sources: Sverige Radio
<http://sverigesradio.se/sida/artikel.aspx?programid=83&artikel=6691626>,
8 May 2017; The Local
<https://www.thelocal.se/20170508/more-asylum-seekers-detected-by-swedish-border-controls-after-id-checks-end>,
8 May 2017; Sydsvenskan
<http://www.sydsvenskan.se/2017-05-09/fler-asylsokande-vid-hyllie-kan-leda-till-att-id-kontrollerna-aterinfors>,
9 May 2017
United Nations
*
UN / Detention, abuse and harrassment can exacerbate effects
of torture for victims who migrate
<http://picum.org/en/news/bulletins/56042#news_56002>
Victims of torture who migrate face particular vulnerabilities and
require special responses. The UN Voluntary Fund for Victims of
Torture revealed that two-thirds of the 50,000 victims it assists
are migrants or refugees. UN experts state that victims of torture
who migrate towards places they assume to be safe, often encounter
legal and political barriers to safety, and the effects of torture
are exacerbated by detention, xenophobia, or harassment by law
enforcement officials. These statements preceded a UN event on
torture and migration on 28 April 2017 which discussed how to meet
the needs of torture victims in the context of migration.
Source: Office of the United Nations High Commissioner for Human
Rights (OHCHR), Press Release
<http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21533&LangID=E>,
26 April 2017
*
UN / UN experts urge states to make migrants and refugees
with disabilities a priority in the global compact on
migration <http://picum.org/en/news/bulletins/56042#news_56003>
The Committee on Migrant Workers (CMW) and the Committee on the
Rights of Persons with Disabilities (CRPD) issued a joint statement
on 12 April 2017, calling on states to integrate considerations
related to migrants with disabilities into the development of the
Global Compact for Safe, Orderly and Regular Migration which will
set out a principles and commitments to enhance coordination on
international migration. They expressed concern that many countries
lack processes to identify migrants with disabilities, and thus fail
to provide them with adequate prevention and services. The Chair of
the CRPD noted that the “Global Compact is a unique opportunity to
address the shortcomings of a migration and refugee system built on
policies that lack consideration for persons with disabilities.”
They urge states, in developing the Global Compact, to include
persons with disability and organisations in the design,
implementation and monitoring of the new framework. The statement is
available here
<http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21495&LangID=E>.
**
European Policy Developments
*
COURT OF JUSTICE OF THE EU / Ruling: parents of children
with EU citizenship should be granted EU residence status
<http://picum.org/en/news/bulletins/56042#news_56004>
The Court of Justice of the EU (CJEU) ruled on 10 May 2017 that
parents of children with EU citizenship should receive EU residence
if they are the main carers. The case concerned a Venezuelan woman
living in the Netherlands whose visa had expired, and who claimed
benefits for her child, a Dutch national. They were denied to her,
due to her status. The decision states that the welfare of the child
should be a priority. Children should fully enjoy their rights as
EU citizens. National courts should consider the impact of
separation from a parent on a child’s well-being, taking into
consideration the child’s age, and emotional ties with their
parents. The judgement follows the Zambrano ruling
<http://ec.europa.eu/dgs/legal_service/arrets/09c034_en.pdf> of 8
March 2011, which has been interpreted narrowly by member states,
and clarifies that the ability and willingness of the other parent
to assume responsibility for the child is not a sufficient ground
for denying the main carer a right to stay. To view the judgment,
click here
<http://curia.europa.eu/juris/liste.jsf?language=en&td=ALL&num=C-133/15>.
Source: EU Observer <https://euobserver.com/social/137862>, 11 May 2017
*
EUROPEAN COURT OF HUMAN RIGHTS / Ruling in favour of
undocumented workers’ rights
<http://picum.org/en/news/bulletins/56042#news_56005>
The European Court of Human Rights ruled on 30 March 2017 that
Greece failed in its duty to protect migrant workers from labour
exploitation, and to properly investigate their abuse and punish
those responsible. Greece must now pay each applicant participating
in the Court proceedings up to €16,000 in compensation for the
damage they suffered. The case arose from an incident in April 2013
where 150 people were shot at, and 30 severely injured, after they
demanded their wages as agricultural workers in the strawberry
fields in Manolada, Greece (see PICUM Bulletin 25 August 2014
<http://picum.org/en/news/bulletins/44820/>). Working twelve-hour
days under the watch of armed guards, the workers were not paid even
the promised salary of €22 per day, for seven hours’ work, plus
overtime. Several of the workers took their case to a national
court, which acquitted the employers and armed guards of human
trafficking charges in 2014. The employers were found guilty of
grievous bodily harm and unlawful use of firearms, but their only
punishment was to pay the victims that took the case forward €43
each. The case was then brought to the European Court of Human
Rights in Strasbourg. The full judgement in the case Chowdury and
others v. Greece is available here
<http://hudoc.echr.coe.int/eng?i=001-172365>. A joint statement by
PICUM and the AIRE centre is available here
<http://picum.org/picum.org/uploads/file_/Ruling%20Manolada_JointStatement_AireCentre_PICUM.pdf>.
*
EU / Child rights organisations welcome new EU Commission
policy to protect migrant and refugee children
<http://picum.org/en/news/bulletins/56042#news_56006>
The European Commission published a communication on the protection
of children in migration on 12 April 2017. The guidelines, which
provide concrete actions to protect all migrant and refugee children
in Europe, have been broadly welcomed by child rights organisations.
The communication aims to provide a series of coordinated and
effective actions to the pressing protection gaps and needs that
children face at all stages of migration processes, ranging from
their identification, reception, implementation of procedural
safeguards, as well as establishment of durable solutions. Actions
which are particularly important for undocumented children include
ensuring access to inclusive, formal education, including early
childhood education and care, and ensuring timely access to health
care (including preventative care) as well as to other essential
public services. The communication also underlines how appropriate
procedural safeguards must be applied to all children present on the
territory of the European Union, including at all stages of the
asylum and return procedure, and how a number of key protection
measures, notably as regards access to information, legal
representation and guardianship, the right to be heard, the right to
an effective remedy and multidisciplinary and rights-compliant age
assessments, needs to be stepped up. It calls for durable solutions
to be found for children, following a best interests determination,
and for governments to seek to ensure availability of status
determination procedures and resolution of residence status for
children who will not be returned, in particular for those who have
resided in the country for a certain period of time. While the
communication restates the standard in the EU law that allows
detention of migrant children only as a last resort, when strictly
necessary, for the shortest time possible, it emphasises how this
must be exclusively in exceptional circumstances and how everything
possible must be done to ensure that a viable range of alternatives
to the administrative detention of children in migration is
available and accessible, including through support provided by the
EU funds. The communication is available here
<https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/20170412_communication_on_the_protection_of_children_in_migration_en.pdf>.
A joint statement of several children’s and migrants’ rights
organisations is available here
<http://picum.org/en/news/picum-news/52330/>. A Commission Staff
Working Document: Implementing the Action Plan on Unaccompanied
Minors (2010-2014) was published alongside the communication and is
available here
<https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/20170412_communication_on_the_protection_of_children_in_migration_annex_en.pdf>.
*
EU / HUNGARY / European Commission launches infringement
procedure against Hungary regarding asylum law
<http://picum.org/en/news/bulletins/56042#news_56007>
The European Commission sent a letter of formal notice to Hungary on
17 May 2017 raising concerns about amendments to Hungarian asylum
law adopted in March 2017. The infringement procedure is a mechanism
that enables the European Commission to take action when a member
state violates EU law. The following recent developments in
Hungarian asylum law are possibly incompatible with EU law: Hungary
considerably restricts access to asylum procedures and does not
respect border procedures, guarantees for vulnerable individuals and
the right to an effective remedy for asylum seekers; Hungary is not
following EU rules and procedures concerning the return of irregular
migrants; the systematic detention of asylum seekers, including
children, in closed facilities without a right of appeal breaches EU
law as well as fundamental rights. Hungary has two months to
respond. In 2015, Hungary was already the subject of an infringement
procedure on asylum law, and the Commission also notes that some
issues highlighted then remain to be addressed. In addition to this
procedure, as a reaction to the deterioration of the rule of law and
democracy in Hungary, the European Parliament also voted
<http://www.europarl.europa.eu/news/en/news-room/20170511IPR74350/fundamental-rights-in-hungary-meps-call-for-triggering-article-7>
to trigger Article 7 of the Treaty on the European Union, which
could restrict the voting rights of Hungary in the European Council.
Source: European Commission, Press Release
<http://europa.eu/rapid/press-release_IP-17-1285_en.htm>, 17 May 2017
National Developments
*
BELGIUM / Brussels public transport company conducts
ticket-checks in cooperation with police
<http://picum.org/en/news/bulletins/56042#news_56008>
The Brussels public transport company STIB, has collaborated with
the police in order to perform joint ticket controls and identity
checks during morning rush hours, when many undocumented families
take their children to school. Belgian media reported on identity
checks and arrests including the arrest of a family. Selma
Benkhelifa, lawyer of the Progress Lawyers Network, who witnessed
one such control, noted that according to Belgian law, children who
are undocumented are allowed to go to school and that this sort of
operation does not benefit public security but only harms families.
Source: Le Vif
<http://www.levif.be/actualite/belgique/chasse-a-l-enfant/article-opinion-656447.html>,
4 May 2017
*
FRANCE / Fire destroys migrant camp
<http://picum.org/en/news/bulletins/56042#news_56009>
A fire burned the migrant camp of Grande Synthe near Calais to the
ground and injured 10 migrants on 10 April 2017. The camp was
accommodating 1,500 migrants, who were supposed to receive emergency
shelter. The authorities have declared that the fire was the result
of a fight between Afghan and Kurdish residents. Many Afghans moved
to this camp last October when the nearby camp at Calais was
dismantled. This situation created tensions, as the Afghans were not
offered the same living conditions as the Kurdish community who had
been living in Grande Synthe for a longer time.
Sources: Al Jazeera
<http://www.aljazeera.com/news/2017/04/fire-ravages-migrant-camp-dunkirk-grande-synthe-170411052332678.html>,
12 April 2017; Le Monde
<http://www.lemonde.fr/police-justice/article/2017/04/11/le-camp-de-migrants-de-grande-synthe-ravage-par-un-incendie_5109126_1653578.html>,
11 April 2017
*
GERMANY / CONFERENCE / Pressure on church asylum
<http://picum.org/en/news/bulletins/56042#news_56010>
Due to increasingly restrictive policies, more migrants and refugees
are seeking shelter provided through church asylum in Germany. At
the same time, policymakers and authorities increasingly criticise
church asylum. This will be the topic of a conference in Frankfurt
on 1 July 2017, entitled “Parishes under pressure. Church asylum
between restriction and solidarity” (“Kirchengemeinden unter Druck.
Kirchenasyl zwischen Restriktion und Solidarität”). The national
church asylum conference will gather representatives of parishes,
organisations and supporters. As of 15 May 2017, there were 312
spaces in churches providing shelter and asylum to approximately 530
people including around 140 children. More information on the
conference is available here
<http://www.kirchenasyl.de/portfolio/kirchenasylkonferenz-in-frankfurt-am-main/>.
Sources: BAG Asyl in der KircheNewsletter 5
<http://picum.org/picum.org/uploads/file_/AsylumInTheChurch_Newsletter_5_2017.pdf>,
2017; BAG Asyl in der Kirche Press release
<http://www.kirchenasyl.de/portfolio/pm-kirchengemeinden-unter-druck/>,
12 April 2017
*
GERMANY / Police conducts major search operation in northern
Germany <http://picum.org/en/news/bulletins/56042#news_56012>
A group of 160 police officers were involved in a major search
operation called “Spürhund” (“tracking dog”) in northern Germany
involving 2,600 inspections, which included searching 600 cars and
trucks, 38 buses, 49 trains as well as 21 ships. The operation
covered the federal states Schleswig-Holstein and
Mecklenburg-Western Pomerania. The operation aimed to apprehend
irregular migrants and find out more about movements, routes and
tactics of smugglers.
Source: N24
<https://www.welt.de/print/die_welt/hamburg/article163530412/Kampf-gegen-Schleuser.html>,
8 April 2017
*
GREECE / REPORT / Shortcomings in accessing protection in
Greece <http://picum.org/en/news/bulletins/56042#news_56013>
Asylum applications are lodged with significant delays in Greece.
There are delays of up to eight months to lodge asylum applications
on the Greek islands. Certain nationalities are arbitrarily given
prioritisation. This also results in delayed entry into family
reunification procedures. These are findings of a new report of the
organisation Aitima which is the result of a six-month project on
monitoring the asylum system. The report includes recommendations to
different stakeholders such as the Ministry of Migration Policy, the
Asylum Services, the Hellenic Police and the European Asylum Support
Office, mainly asking for unimpeded access to asylum procedures,
information, and legal aid, and an overall fairer and more efficient
asylum procedure. A summary as well as the full report are available
here
<http://www.aitima.gr/index.php/en/news/404-19-04-2017-new-aitima-report-on-hold-asylum-seekers-in-greece-aspects-of-the-asylum-procedure>.
*
LIBYA / Migrants sold on markets and held for ransoms
<http://picum.org/en/news/bulletins/56042#news_56014>
According to reports of the International Organization for Migration
(IOM), there are ‘slave markets’ in Libya. Migrants reported to be
sold and bought on squares or parking lots. Some were recruited for
jobs and instead of being paid, sold to other buyers. Others are
reportedly held hostage and beaten to make their family pay ransoms
for their release. Some migrants were forced to work as guards. Most
of the victims who were kidnapped are from countries such as
Nigeria, Ghana and Gambia. Some migrants for whom no ransom is paid
were also killed. IOM collected their testimonies. This also
included the cases of women who were sexually abused.
Sources: International Organization for Migration (IOM)
<https://www.iom.int/news/iom-learns-slave-market-conditions-endangering-migrants-north-africa>,
11 April 2017; The Guardian
<https://www.theguardian.com/world/2017/apr/10/libya-public-slave-auctions-un-migration>,
10 April 2017
*
SWEDEN / Fierce debate about refused asylum seekers staying
irregularly, following Stockholm attack
<http://picum.org/en/news/bulletins/56042#news_56015>
Following the terrorist attack in Stockholm on 7 April 2017 which
left five people dead, a debate has emerged about refused asylum
seekers who irregularly stay in the country. A 39-year old Uzbek
national was apprehended in relation to the attack, his application
for protection had been rejected in June 2016 but he remained in the
country. The Swedish Minster for Home Affairs, Anders Ygeman, stated
that preparatory legislative work is already ongoing which would
include, among other things, an increase in funding to agencies
involved in deportations, as well as increased work place controls
to check for undocumented workers. Currently, 55% of refused asylum
seekers leave the territory within the given time limit and it is
estimated that 12,500 refused asylum applicants are still residing
in Sweden. Meanwhile, the Swedish Migration Agency
(Migrationsverket) has come under pressure for their position that
Afghanistan should be deemed a safe country to which refused asylum
seekers can be returned. Afghan asylum seekers are thus now more
likely to have their asylum application refused compared to Iraqi
and Syrian nationals. Following reports about the unstable security
situation in Afghanistan, politicians from different parties voiced
their concerns about the need to revise the current position on
Afghanistan.
Sources: Aftonbladet
<http://www.aftonbladet.se/nyheter/a/rxmrK/forslag-sa-ska-polisen-hitta-fler-papperslosa>,
27 April 2017; Svenska Dagbladet
<https://www.svd.se/39-aringen-skulle-utvisas-hanteringen-behover-granskas>,
27 April 2017; GB
<http://www.gp.se/nyheter/debatt/afghanistan-allt-os%C3%A4krare-f%C3%B6r-dem-som-ska-utvisas-1.4228651>,
10 April 2017; DN
<http://www.dn.se/kultur-noje/kulturdebatt/agneta-pleijel-sveriges-deportationer-av-afghanska-ungdomar-ar-en-skakande-skandal/>,
5 March 2017
*
USA / Undocumented migrants wary of reporting crimes or
testifying due to risk of deportation
<http://picum.org/en/news/bulletins/56042#news_56016>
Due to a widely reported case in Texas in February, where an
undocumented woman was arrested at the courthouse right after she
sought a protective order against her abusive ex-partner, and
President Donald Trump signing an executive order prioritising most
undocumented migrants for deportation, evidence is increasing that
undocumented migrants are wary of reporting crimes or testifying in
court, for risk of arrest and deportation, according to law
enforcement officials and advocates. They warn that crimes will go
unreported and witnesses will refuse to testify over fears that any
interaction with law enforcement could be a prelude to removal from
the country. According to Cecelia Friedman Levin of Asista, an
immigrant justice group, “Abusers commonly threaten victims that
reaching out for help will result in their removal or separation
from their children”. The Los Angeles police department states that
sexual assault reports as well as reports of domestic violence from
Hispanic people have dropped this year compared to the previous
year. Meanwhile, sanctuary cities, where city authorities limit
cooperation with immigration law enforcement, have come under attack
as part of the Trump administration’s claim that undocumented
migrants increase crime to justify increased deportations and to
question sanctuary cities.
Sources: The Guardian
<https://www.theguardian.com/us-news/2017/mar/23/undocumented-immigrants-wary-report-crimes-deportation>,
23 March 2017; Motherjones
<http://www.motherjones.com/politics/2017/03/ice-dhs-immigration-domestic-violence-protections/>,
20 March 2017, kgun9
<http://www.kgun9.com/news/local-news/undocumented-women-dropping-domestic-abuse-cases>,
18 April 2017; MSNBC and Magnum Photos
<http://www.msnbc.com/specials/migrant-crisis/sanctuary-cities>,
April, 2017
*
UK / Homelessness care providers cooperate with immigration
enforcement in order to deport migrants
<http://picum.org/en/news/bulletins/56042#news_56017>
Homelessness charities in the UK are reported to have cooperated
with ‘Immigration Compliance and Enforcement’ teams (ICE) through
joint patrols and information sharing, which lead to the detention
and deportation of foreign rough sleepers. A report of Corporate
Watch ‘The Round-Up: rough sleeper immigration raids and charity
Collaboration’ reveals this new relationship between care providers
and ICE, undermining the duty of homelessness organisations to care
for destitute people. This is a result of the ‘hostile environment’
policy of the government. Read the full report here
<https://corporatewatch.org/sites/default/files/CW%20rough%20sleepers%20investigation.pdf>.
Source: Migrants’ Rights Network
<http://www.migrantsrights.org.uk/blog/2017/03/08/mrns-statement-in-response-to-report-on-homeless-organisations/>,
6 March 2017
Health Care
*
EU / REPORT / WHO Magazine addresses undocumented women’s
access to sexual and reproductive health care
<http://picum.org/en/news/bulletins/56042#news_56018>
In its final issue, The World Health Organization’s (WHO) European
magazine on sexual and reproductive health Entre Nous published an
article on undocumented women’s access to health services in Europe.
Authored by PICUM and the European Board and College of Obstetrics
and Gynaecology (EBCOG), the article describes the obstacles faced
by women with irregular status in getting health care, and the
impact on their health, families and communities. It also outlines
health professionals’ ethical duty to provide care on a
non-discriminatory basis, noting position statements bodies by
professional associations, such as by World Medical Association
(WMA) and the European Board and College of Obstetrics and
Gynaecology (EBCOG) that take such a stance. The authors recommend
that the European Commission, in collaboration with WHO and other
relevant partners, establish a working group to develop a
European-wide human rights and evidence-based policy for ensuring
health care for all migrant women and their families, regardless of
migration status. The full issue available is here
<http://www.euro.who.int/en/health-topics/Life-stages/sexual-and-reproductive-health/publications/entre-nous/entre-nous/from-sexual-and-reproductive-ill-health-to-choices-and-well-being.-entre-nous-no-85,-2016>.
*
UK / Pregnant migrant women delay maternity care due to risk
of deportation and high bills
<http://picum.org/en/news/bulletins/56042#news_56019>
Doctors of the World UK, a non-governmental organisation that runs
clinics for disadvantaged populations, is reporting increasing
numbers of pregnant women who are seeking medical attention for the
first time in the late stages of their pregnancy. Doctors of the
World reports that women say they are delaying care because they
fear the prospect of high medical bills or of being reported to the
Home Office and facing deportation. The National Health System (NHS)
has also reportedly been issuing letters that instruct patients
deemed potentially ineligible for free care to attend a meeting to
determine their eligibility, and to bring a means of paying for
their care if they are deemed ineligible. (A sample letter can be
viewed here
<https://www.theguardian.com/uk-news/2017/mar/20/pregnant-asylum-seekers-refugees-afraid-seek-nhs-maternity-care#img-2>.)
Under NHS rules, hospitals can ask for payment from those who are
not eligible for free care, but emergency treatment, which includes
maternity care, cannot be withheld. Critics of the letters argue
that it is futile to send them to women who cannot afford food and
housing, and unacceptable to threaten pregnant women that services
will be withheld if they are unable to pay.
Sources: The Guardian
<https://www.theguardian.com/uk-news/2017/mar/20/pregnant-asylum-seekers-refugees-afraid-seek-nhs-maternity-care?CMP=Share_iOSApp_Other>,
20 March 2017; Standard
<http://www.standard.co.uk/news/london/heavily-pregnant-immigrant-women-too-terrified-to-seek-nhs-treatment-a3494506.html>,
20 March 2017; Rewire
<https://rewire.news/article/2017/04/14/trump-administration-is-jeopardizing-health-undocumented-women/>,
14 April 2017
*
GERMANY / UN / UN Committee calls on Germany to repeal or
amend law requiring denunciation of undocumented migrants
seeking health care
<http://picum.org/en/news/bulletins/56042#news_56020>
The expert committee charged with overseeing states’ progress in
implementing the UN Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) published its concluding
observation on Germany in March 2017. Article 12 of CEDAW requires
states that are party to the convention (189 states are currently
<https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en>
party to the Convention, including all EU member states) to take all
appropriate measures to eliminate discrimination against women in
the field of health care. In this context, the Committee expressed
its concern at the difficulty that undocumented migrants face in
accessing non-emergency health care, because of the obligation on
the body that determines coverage to report undocumented individuals
to immigration authorities. The Committee therefore expressly
recommended that Germany repeal or amend paragraph 87 of the
Residence Act (Aufenthaltsgesetz) to ensure that people who are
undocumented can obtain the coverage they are entitled to under the
Asylum Seekers Assistance Law (Asylbewerberleistungsgesetz) without
the risk of being denounced and deported. General observation
available in multiple languages here
<http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fDEU%2fCO%2f7-8&Lang=en>.
A joint submission to CEDAW Committee by Mediburo Kiel, Maisha
e.V.-African Women in Germany, and PICUM is available here
<http://picum.org/picum.org/uploads/file_/Report%20to%20CEDAW%20Committee%20re%20Germany_Jan2017.pdf>.
*
USA / REPORT / Barriers to health care for migrants and
refugees in Kansas
<http://picum.org/en/news/bulletins/56042#news_56022>
The REACH Healthcare Foundation recently released a report on the
multiple access barriers to health care that migrants and refugees
face specifically in the Kansas City area. Based on various surveys
and discussions the report concludes that migrants and refugees must
overcome multiple cultural, financial and administrative obstacles
to access health care services, even in clinics established to serve
the uninsured. Undocumented migrants face particular challenges
because they are not eligible for subsidised coverage of medical
care. The most challenging barriers identified by the report are
fear and mistrust and a lack of interpreters at the relevant
institutions, health care workers with limited understanding of
migration processes and related traumas as well as limited access to
specialists and behavioral health services. To read the full report
click here
<https://reachhealth.org/wp-content/uploads/2017/04/REACH-2017-Immigrant-Health-Report_FINAL.pdf>.
Source: KCUR
<http://kcur.org/post/report-finds-barriers-health-care-immigrants-refugees-kc-area#stream/0>,
14 April 2017
*
USA / STUDY / Reduced levels of depression in undocumented
migrants who are eligible for the Deferred Action for
Childhood Arrivals (DACA) programme
<http://picum.org/en/news/bulletins/56042#news_56023>
/The Lancet Public Health/ published a new study on the physical and
mental health effects of the Deferred Action for Childhood Arrivals
(DACA) programme, on 14 March 2017. The researchers found that the
programme appears to have reduced levels of depression in
undocumented Hispanic migrants who are eligible for DACA. The study
examined data of the U.S. National Health Interview Survey for the
period from January 2008 to December 2015 including non-citizen
Hispanic adults aged 19–50 years. The study was based on
approximately 14 500 survey responses, and looked at the health
outcomes of individuals eligible for DACA before and after the
implementation of the programme. These were compared with the
outcomes for people who did not meet the DACA criteria, with a
specific focus on self-reported overall health and psychological
distress. Overall the study concluded that eligible persons were 50%
less likely to report symptoms consistent with major depression.
DACA was implemented to suspend deportation for certain undocumented
individuals who entered the US as children, and made them eligible
for a work permit (see PICUM Bulletin 18 September 2012
<http://picum.org/en/news/bulletins/36045/>). The study was
conducted by a team of researchers from Harvard T.H. Chan School of
Public Health and Massachusetts General Hospital (MGH). To read the
full study click here
<http://thelancet.com/pdfs/journals/lanpub/PIIS2468-2667%2817%2930047-6.pdf>.
Labour and Fair Working Conditions
*
VIDEO / Animation shows how work can turn into labour
exploitation
<http://picum.org/en/news/bulletins/56042#news_56024>
A video animation from the UK based organisation Focus on Labour
Exploitation (FLEX) provides information about the differences
between decent work and modern slavery. The video explains how
exploitative conditions start when promised payments are not made,
working hours increased and how workers can get trapped in
exploitative situations through threats and abuse. The video
animation is available here
<https://www.youtube.com/watch?v=ZArhWbvEBOg>.
Undocumented Children and Their Families
*
SURVEY / Children at high risk of abuse and death,
particularly on central Mediterranean migration route
<http://picum.org/en/news/bulletins/56042#news_56025>
Better policies on child protection and prevention of abuse,
transnational cooperation, and the establishment of safe and regular
pathways need to be developed in order to protect children and women
against violence and abuse along the central Mediterranean migration
route. A survey by UNICEF and the International Organisation for
Cooperation and Emergency Aid (IOCEA) of February 2017, ‘A Deadly
Journey for Children - The Central Mediterranean Migration Route’,
reveals that 25,846 children attempted to cross the Mediterranean
towards Italy in 2016, and over 700 died at sea. Along the route,
children and women are highly vulnerable to (sexual) abuse,
trafficking, violence and extortion. They also risk detention in
deplorable conditions and torture in Libya. Yet, the number of
people attempting to cross the Mediterranean is increasing. Read the
full survey here
<https://www.unicef.de/blob/135970/6178f12582223da6980ee1974a772c14/a-deadl-journey-for-children---unicef-report-data.pdf>.
*
REPORT / Call for action to protect children
<http://picum.org/en/news/bulletins/56042#news_56026>
UNICEF also published a report 'A Child is a Child: Protecting
children on the move from violence, abuse and exploitation
<https://www.unicef.org/publications/files/UNICEF_A_child_is_a_child_May_2017_EN.pdf>’.
The report calls for urgent action, finding that alarming numbers of
children are moving alone; without safe and regular pathways,
children’s journeys are rife with risk and exploitation; as States
struggle to manage migration, children fall through the cracks; and
harsh border enforcement policies leave children in limbo and
exacerbate their risk of exploitation. UNICEF’s six-point plan to
keep refugee and migrant children safe is (1) protect children from
exploitation and violence, (2) end detention by creating practical
alternatives, (3) keep families together and give children residence
status, (4) help children to stay in school and healthy, (5) press
for action on the causes that uproot children (6) combat xenophobia
and discrimination. The full report is available here
<https://www.unicef.org/publications/files/UNICEF_A_child_is_a_child_May_2017_EN.pdf>.
*
SOUTH AFRICA / Undocumented children barred from school
<http://picum.org/en/news/bulletins/56042#news_56027>
Undocumented children are being refused access to education in South
Africa. Migrant workers, for example from Mozambique and Swaziland,
are also not able to get birth certificates for their children born
in South Africa. Schools require a birth certificate, a study visa
and a residence permit for children to register. Although these
requirements have been ignored in the past, and although the law
guarantees access to education without discrimination, schools have
recently started refusing children on the basis that they should
comply with immigration rules. Meanwhile, xenophobic sentiments and
violence are growing in South Africa, as migrants are blamed for
unemployment and crime. In March, migrants’ homes and businesses in
Johannesburg and Pretoria were destroyed, and the police had to
intervene to prevent violence during an anti-migrant protest.
Anti-migrant rhetoric is also increasing in the discourse of
politicians and community leaders.
Source: Al Jazeera
<http://www.aljazeera.com/video/news/2017/04/south-african-schools-bar-undocumented-migrant-children-170416062830517.html>,
16 April 2017; Al Jazeera <http://aje.io/data>, 27 February 2017
*
UK / Parents told not to share children’s nationality and
birthplace in school census
<http://picum.org/en/news/bulletins/56042#news_56028>
The National Union of Teachers (NUT) suspects that information about
children’s nationality and country of birth collected for the
National Pupil Database could be used to enforce immigration law,
and asks parents not to reveal these details. There are fears that
this information could be passed on from the Department for
Education to police and the Home Office, in charge of immigration
law enforcement. The Department for Education, however, assured that
nationality and country of birth information is solely for use by
the Department for Education and would not be shared. Parents are
not legally required to provide this information but schools are
required to ask for it (See also ‘Campaign against discriminatory
data collection in schools continues’, PICUM Bulletin
<http://picum.org/en/news/bulletins/51932/>, 3 February 2017).
Source: The Guardian
<https://www.theguardian.com/education/2017/apr/17/nut-to-tell-parents-not-to-give-details-of-childrens-nationality-and-birthplace>,
17 April 2017
Detention and Deportation
*
GERMANY / NETHERLANDS / Children’s and human rights
organisations call for immediate stop to deportation of
vulnerable people to Afghanistan
<http://picum.org/en/news/bulletins/56042#news_56029>
Eight Dutch NGOs, Amnesty International, Defence for Children,
Stichting Inlia, Kerk in actie, LOS, Save the Children, UNICEF and
Vluchtelingenwerk Nederland joined forces to release a statement
calling for an end to deportation of vulnerable people to
Afghanistan. The statement highlights the unstable security
situation in Afghanistan and the sharp increase in the number of
children amongst the casualties. Various studies confirm the risk of
violent incidents, explosions and suicide attacks in all parts of
the country at any moment as well as the lack of supplies and
facilities. 91% of 520 interviewed children below the age of 15
suffered from a form of violence, according to research conducted by
Save the Children. The NGOs express their concern regarding the
October 2016 deal between the European Union and the Afghan
government, “Joint Way Forward”, which foresees increased
deportations of Afghan nationals. According to German media reports,
less than half of asylum seekers from Afghanistan are now granted
asylum in Germany. In 2016, 77.6 % of the applications for asylum
were granted, in 2016, it was only 60.5% and in the first two months
of 2017 only 47.9%. Organisations such as Pro Asyl have called to
end collective deportation flights to Afghanistan.
Sources: Amnesty International
<https://www.amnesty.nl/actueel/kinder-en-mensenrechtenorganisaties-luiden-noodklok-stop-uitzettingen-van-kwetsbare-mensen-naar-afghanistan>,
24 April 2017; Tagesschau
<https://www.tagesschau.de/inland/asyl-abschiebungen-afghanistan-101.html>,
24 April 2017; Spiegel ONLINE
<http://www.spiegel.de/politik/deutschland/afghanische-fluechtlinge-nur-noch-jeder-zweite-erhaelt-asyl-in-deutschland-a-1144497.html>,
24 April 2017; Passauer Neue Presse
<http://www.pnp.de/nachrichten/politik/2484951_Nur-noch-jeder-zweite-afghanische-Fluechtling-erhaelt-Asyl.html>,
24 April 2017
*
GERMANY / Plan to accommodate deported children in children
homes in Morocco
<http://picum.org/en/news/bulletins/56042#news_56030>
According to a leaked document, the German Federal Agency for
Migration and Refugees (BAMF) is planning to build two centres in
Morocco to accommodate deported unaccompanied migrant children. Each
centre is supposed to provide 100 places at a total cost of €960,000
per year. Besides accommodation and medical services, education and
language training will be provided. A pilot project is supposed to
start this year and run until 2020. According to reports,
“appropriate NGOs” will build and run the facilities with funding
from “appropriate EU states”. Following an official Green party
question, the government said that the centres are supposed to
create prospects for the children to stay in Morocco and prevent
future irregular migration to Europe. According to the BAMF, 35,939
persons under the age of 18 applied for asylum in Germany in 2016,
only 124 of which were from Morocco. Stephan Dünnwald, of the
Bavarian Refugee Council, criticised the plan saying that usually
children can only be returned to their country of origin if they are
put into the immediate care of a legal guardian and that the plan is
legally and morally questionable. The Commission Communication on
the protection of children in migration reiterates that decisions on
return must respect the principles of non-refoulement and the best
interests of the child, should be based on a case- by-case
assessment, and following a fair and effective procedure
guaranteeing their right to protection and non - discrimination.
Sources: RT
<https://www.rt.com/news/387540-germany-refugee-minors-morocco/#.WRBavUPiJ_g.twitter>,
8 May 2017; DW
<http://www.dw.com/en/germany-to-build-orphanages-in-morocco-to-deport-minors/a-38724222>,
5 May 2017, taz
<http://www.taz.de/Abschiebung-von-Minderjaehrigen/%215403729/>, 4
May 2017
*
GERMANY / Dublin returns to Hungary suspended if adequate
accommodation will not be provided
<http://picum.org/en/news/bulletins/56042#news_56031>
Following a new decree of the German government, Germany will only
return asylum seekers to Hungary in accordance with the Dublin
regulation if the Hungarian government can ensure compliance with EU
standards regarding accommodation in every individual case.
According to the Dublin regulation, people have to seek asylum in
the first EU country where they were registered. In 2016, nearly 300
people were returned from Germany to Hungary out of nearly 12,000
deportation requests from Germany, partly because Hungary agreed to
only 3,756 returns. Previously in 2011, the Dublin regulation
returns of migrants from Germany to Greece were suspended because of
deficiencies in accommodation and the asylum procedures in Greece.
In March 2017, return procedures between Germany and Greece were
reinstated. (See PICUM Bulletin 4 April 2017
<http://picum.org/en/news/bulletins/52284/>)
Sources: Tagesschau
<https://www.tagesschau.de/inland/dublin-ungarn-101.html>, 11 April
2017; FR
<http://www.fr.de/politik/flucht-zuwanderung/ungarn-keine-ueberstellung-von-fluechtlingen-ins-ungarische-chaos-a-1258443>,
11 April 2017
*
PROJECT / Legal analysis of the EU Return Directive
<http://picum.org/en/news/bulletins/56042#news_56032>
The EU Return Directive Dialogue (REDIAL <http://euredial.eu/>*)*
Project was launched in mid-2015 to facilitate judicial dialogue
among national judges involved in return procedures. The project
aims to enhance effective implementation of the Return Directive
<http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:348:0098:0107:EN:PDF>
(2008/115/EC) through judicial cooperation among courts from all EU
member states. The REDIAL project has, to date, given rise to a
number of resources, including a national database
<http://euredial.eu/national-caselaw/> of landmark national
judgments on the interpretation and application of the EU Return
Directive in all member states; and a European database
<http://euredial.eu/cjeu-caselaw/> of judgments by the Court of
Justice of the EU (CJEU) on the interpretation and application of
the EU Return Directive. The project has also produced national
reports
<http://euredial.eu/publications/national-synthesis-reports/> that
give an overview of the relevant national legislation,
administrative practice and case law for each of the main chapters
of the EU Return Directive, drafted by the academics in
collaboration with the national judges; European synthesis reports
<http://euredial.eu/publications/european-synthesis-reports/> for
each of Chapters II-IV of the Return Directive analysing the legal
provisions of the Return Directive, relevant CJEU judgments and case
law of member states implementing EU law; an annotated Directive
<http://euredial.eu/publications/annotated-return-directive/> with
references to the relevant case law of the CJEU and the European
Court of Human Rights (ECtHR) for each provision; a blog
<http://euredial.eu/blog/> where academics and judges publish
comments on recent domestic and European jurisprudence and/or
legislative amendments; and three editions of a freely accessible
Electronic Journal
<http://euredial.eu/publications/redial-electronic-journal/>. The
final issue of the Electronic Journal (focusing on Articles 15 to 18
of the Directive) was published online in early 2017 and is
available here
<http://cadmus.eui.eu/bitstream/handle/1814/46046/REdial_2017_01.PDF?sequence=1&isAllowed=y>.
The REDIAL project is co-funded by the European Commission and
coordinated by the Migration Policy Centre, in cooperation with the
Centre for Judicial Cooperation and the Odysseus Academic Network.
*
REPORT / Migrant children in detention at risk of torture
<http://picum.org/en/news/bulletins/56042#news_56033>
The report 'Protecting Children against Torture in Detention: Global
Solutions for a Global Problem
<http://www.oijj.org/en/docs/publications/protecting-children-against-torture-in-detention-global-solutions-for-a-global-pro>'
consists of a compilation of over 30 articles written by different
experts on deprivation of liberty of children and the protection of
children in detention from torture. Published by the Centre for
Human Rights and Humanitarian Law Anti-Torture Initiative and the
American University Washington College of Law, the report aims to
expand on the former United Nations Special Rapporteur on Torture,
Juan E. Méndez’s report
<http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session28/_layouts/15/WopiFrame.aspx?sourcedoc=/EN/HRBodies/HRC/RegularSessions/Session28/Documents/A_HRC_28_68_Add.1_AV.doc&action=default&DefaultItemOpen=1>
from 2015 on torture of children deprived of liberty. The different
articles deal with child detention in different contexts: the
criminal justice system, armed conflict, institutionalisation and
migration. Concerning migrant children, the publication notes that
while states increasingly detain children for immigration control
purposes, this is never in the best interest of the child and puts
them at risk of torture, cruel, inhuman or degrading treatment. It
stresses that detention of children based on their or their parents’
migration status is against international standards, and deprives
them of other rights, for example, the right to education. The
publication urges states to stop using child detention and instead
set up alternatives that respect the well-being of children. To read
the publication, click here
<http://antitorture.org/wp-content/uploads/2017/03/Protecting_Children_From_Torture_in_Detention.pdf>.
*
REPORT / Protecting stateless people from arbitrary
detention <http://picum.org/en/news/bulletins/56042#news_56034>
The European Network on Statelessness (ENS) released a new report,
entitled ‘Protecting Stateless Persons from Arbitrary Detention: An
Agenda for Change’, in 2017. The report is the final publication of
a three-year project aimed at better understanding the extent and
consequences of the detention of stateless persons in Europe, and
creating tools and advocating for the protection of stateless
persons from arbitrary detention through the application of regional
and international standards. The report highlights the particular
risk of stateless people to unlawful, prolonged and arbitrary
detention due to living in limbo. The report recommends, among
others, to implement community based alternatives to detention;
people who claim to be stateless should be provided with information
and legal aid and procedures to determine statelessness need to be
in place; authorities should grant compensation to individuals whose
detention has been deemed unlawful and detention needs to be
independently monitored. The report is available here
<http://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/ENS_LockeInLimbo_Detention_Agenda_online.pdf>.
The European Network on Statelessness (ENS) has also published a
statement including its key demands which can be signed by
individuals and is available here
<http://www.statelessness.eu/news-events/news/lockedinlimbo-it-s-time-end-arbitrary-detention-stateless-people-europe>.
*
REPORT / Post-deportation monitoring can help develop better
migration policies
<http://picum.org/en/news/bulletins/56042#news_56035>
The latest issue of Forced Migration Review contains a mini-feature
<http://www.fmreview.org/sites/fmr/files/FMRdownloads/en/resettlement/post-deportation.pdf>
consisting of four short articles on post-deportation risks and
monitoring, which look at the situation of asylum seekers whose
application was rejected and who were deported back to their country
of origin. After deportation, they face risks such as depression,
extortion, detention, or inhumane and degrading treatment, which
means that deportation could, in many cases, constitute refoulement.
Refoulement - which means deporting migrants to a country where they
face a risk of persecution - is not allowed under international law.
The report argues that post-deportation monitoring of what happens
to failed asylum seekers upon return could lead to improving
migration policy, by providing adequate support to those who were
deported, by helping to identify whether the fears of asylum seekers
who flee a country are well-founded, and to provide information for
reports on the situation in countries of origin and whether it is
safe to return migrants. To read the full issue, click here
<http://www.fmreview.org/sites/fmr/files/FMRdownloads/en/resettlement.pdf>.
Source: Forced Migration Review
<http://www.fmreview.org/sites/fmr/files/FMRdownloads/en/resettlement/post-deportation.pdf>,
February 2017
*
SPAIN / NGOs raise concerns about the detention of migrant
children and age-determination tests
<http://picum.org/en/news/bulletins/56042#news_56036>
In Spain, migrant children are sometimes detained and
age-determination criteria and processes do not always meet
international standards. The Global Detention Project and Pueblos
Unidos made a joint submission on the detention of migrant children
in Spain to the UN Committee on the Rights of the Child (CRC)
containing information and questions to be considered during the
review of Spain. The submission highlights that Spanish law
indirectly authorises the detention of children and their families,
and unaccompanied children may also be detained during the
age-determination test. The organisations express concern about the
age-determination process and criteria and ask for further details
on why documents such as birth certificates and passports are not
accepted as proof of age, and clarification on where children are
accommodated during the test. They also ask about the respect of
procedural safeguards such as access to legal counsel and
information about the procedure and its consequences, consent for
the age-determination test, and the possibility of appealing the
decision. Read the joint submission on the detention of migrant
children in Spainhere
<https://www.globaldetentionproject.org/wp-content/uploads/2017/03/GDP-Pueblos-Unidos-CRC-Spain.pdf>.
PICUM IN THE NEWS
*
GLOBAL / Undocumented women do not report violence due to
risk of arrest and of deportation
<http://picum.org/en/news/bulletins/56042#news_56037>
The Thomson Reuters Foundation reported that undocumented women
often do not report domestic violence due to risk of arrest and
deportation. They also do not benefit from state-funded shelters and
other sources of help. Since 2013, a pilot project by Amsterdam
police has worked to increase the possibility for undocumented
persons to report crimes to the police without risk of arrest. The
article, which was picked up by the Daily Mail, also cites Eve
Geddie from PICUM, saying that organisations lack funds and support
to advocate for the rights of undocumented migrants.
Sources: Thomson Reuters Foundation
<http://news.trust.org/item/20170420080720-w5mxc/>, 20 April 2017;
Daily Mail
<http://www.dailymail.co.uk/wires/reuters/article-4428010/Grim-choice-abused-migrants-silence-deportation.html>,
20 April 2017
*
EU / New EU guidelines on migrant children
<http://picum.org/en/news/bulletins/56042#news_56038>
Several news media reported on the European Commission Communication
on Children in Migration highlighting responses of different
organisations working on migrant children’s rights, including PICUM.
Some media quoted Michele LeVoy, PICUM Director, saying that migrant
children should be treated as children and never be detained.
Sources: Ansa
<http://www.regione.vda.it/notizieansa/details_i.asp?id=261649>,
Askanews
<https://it.notizie.yahoo.com/save-children-bene-misure-ue-su-minori-migranti-115412182.html>,
Agenzia Nova
<http://www.agenzianova.com/a/0/1545635/2017-04-12/cooperazione-ong-accolgono-con-favore-linee-guida-ue-per-offrire-protezione-a-minori-migranti-e-rifugiati-3>,
Reggio Emilia
<http://www.reggiosera.it/2017/04/ue-piu-protezione-per-minori-migranti-il-plauso-delle-organizzazioni/28409/>,
AFP-Belga <http://www.belga.be/nl/news/details-86452558/>, Belga
<http://www.lalibre.be/actu/international/crise-des-migrants-les-pays-de-l-ue-doivent-mieux-proteger-les-enfants-selon-la-commission-58ee3582cd70812a6564bfcc>,
La Libre Belgique
<http://www.lalibre.be/actu/international/crise-des-migrants-les-pays-de-l-ue-doivent-mieux-proteger-les-enfants-selon-la-commission-58ee3582cd70812a6564bfcc>;
POLITICO Brussels Playbook
<http://www.politico.eu/newsletter/playbook/politico-brussels-playbook-presented-by-europabio-mogherini-mid-term-review-lagarde-in-brussels-tillerson-tough-talk/>
12 April 2017
/With contributions from Salomé Guibreteau (PICUM Trainee), Laura
Przybyla (PICUM Intern) and Emil Berlin (PICUM volunteer)./
PICUM is a non-governmental organisation (NGO) that aims to promote
respect for the human rights of undocumented migrants within Europe.
PICUM's bulletin is currently the only information source dedicated to
exclusively reporting on the situation of undocumented migrants in Europe.
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