[colombiamigra] PICUM Bulletin - 2 December 2013

  • From: "Elisabeth Schmidt-Hieber" <elisabeth.schmidt-hieber@xxxxxxxxx>
  • To: <colombiamigra@xxxxxxxxxxxxx>
  • Date: Mon, 2 Dec 2013 17:32:27 +0100

Please find below PICUM’s latest bulletin on undocumented migration.

http://picum.org/en/news/bulletins/42445/ 
<http://picum.org/en/news/bulletins/42445/> 

 

 

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PICUM — The Platform for International Cooperation on Undocumented Migrants 
<http://picum.org> 


PICUM Bulletin - 2 December 2013


·         Borders

·         United Nations

·         European Policy Developments

·         National Developments

·         Health Care

·         Labour and Fair Working Conditions

·         Undocumented Women

·         Undocumented Children and Their Families

·         Detention and Deportation

·         Publications and other Resources

·         Other News


Borders


·         BELGIUM / Three survivors of boat tragedy file complaint against 
Belgian army <http://picum.org/en/news/bulletins/42445#news_42408> 


Three survivors of a shipwreck in 2011 that caused the deaths of 63 migrants in 
the Mediterranean Sea, filed a complaint at the Brussels Tribunal of First 
Instance against the Belgian army on 26 November 2013 for failing to provide 
assistance. In a dinghy coming from Libya and carrying a total of 72 people, 
they tried to reach Europe in 2011. The migrants started to panic when they 
lost control of the boat and did not have enough food left. Their calls for 
help were registered but they received no assistance despite being seen by 
naval vessels and helicopters of various states. During and in the aftermath of 
the Arab Spring, in the framework of NATO’s Operation Unified Protector off the 
Libyan shores, waters were under NATO control and reportedly closely monitored 
by military forces of several states. The complaint was lodged with the support 
of a coalition of NGOs with similar initiatives being underway in other 
countries. The Parliamentary Assembly of the Council of Europe published a 
report focusing on the case on 29 March 2012 ‘Lives lost in the Mediterranean 
Sea: Who is responsible 
<http://assembly.coe.int/CommitteeDocs/2012/20120329_mig_RPT.EN.pdf> ’.
Source: Agence France Presse 
<http://www.la-croix.com/Actualite/Monde/Les-survivants-d-un-drame-en-Mediterranee-portent-plainte-contre-des-pays-de-l-Otan-2013-11-26-1066794>
 , 26 November 2013


·         BULGARIA / Government to get tougher on irregular migrants 
<http://picum.org/en/news/bulletins/42445#news_42409> 


Bulgarian Deputy Prime Minister and Minister of Interior Tzvetlin Yovchev 
presented a plan for a tougher policy towards irregular migrants. The planned 
measures include significantly shorter time periods for removal of irregular 
migrants, increased security on the Bulgarian-Turkish border through greater 
numbers of police, the construction of a 30-kilometre fence and the 
construction of closed facilities. According to human rights organisations, the 
conditions in these facilities are similar to or worse than those in prisons. 
Moreover, police raids will be carried out in locations frequented by refugees 
and migrants. The government’s goal is to reduce the number of people entering 
the country irregularly by three times and at the same time expel three times 
as many people from Bulgaria. Human rights activists are concerned that the new 
measures may lead to police harassment and social exclusion of all migrants. 
Meanwhile, anti-migrant sentiment was also expressed by citizens during three 
protests in early November in the Bulgarian capital Sofia. The protests were 
organised by different political, nationalist and football fan groups, 
including a parliamentary party. The protestors carried signs and called for 
taking matters into their own hands and “cleansing the country from the 
immigrant scum”. The formal cause of the protests was the attack on a 
20-year-old Bulgarian woman, allegedly by an undocumented migrant from Algeria.
Sources: Capital 
<http://www.capital.bg/politika_i_ikonomika/bulgaria/2013/11/04/2175129_kabinetut_podgotvia_vtvurdiavane_na_politikata_kum>
 , 4 November 2013; Press release of the Ministry of Interior 
<https://press.mvr.bg/en/News/news131104_01.htm>  in English, 4 November 2013; 
Dnevnik 
<http://www.dnevnik.bg/bulgaria/2013/11/03/2174063_ataka_shestva_iz_sofiia_sreshtu_prishulcite/>
 , 3 November 2013


·         DENMARK / Undocumented migrants disappear 
<http://picum.org/en/news/bulletins/42445#news_42410> 


About 100 migrants entering Denmark from outside the Schengen area through 
Copenhagen airport disappeared in 2013. Common practice is to register these 
migrants as asylum seekers and send them by taxi to the Sandholm asylum centre. 
During this taxi journey, however, more and more migrants are vanishing. At the 
moment only names are registered upon entry. The director of the Copenhagen 
police has publicly promised more comprehensive registration of asylum seekers 
including taking photos and fingerprints. Several parties outside the 
government have commented that the issue in question can be attributed to the 
government’s lack of control over immigration in the airports. 
Source: Dagbladet Information <http://www.information.dk/telegram/478912> , 18 
November 2013


·         GREECE / Alliance of the southern EU border countries 
<http://picum.org/en/news/bulletins/42445#news_42411> 


In view of the Greek EU presidency in the first half of of 2014, the Greek 
Prime Minister Antonis Samaras started discussions with his counterparts in 
Italy and Malta on a common approach towards irregular migration. He argued 
that undocumented migrants cause socio-economic problems and instability and 
called for measures to be taken. The three prime ministers called for a more 
concrete European strategy in order to address irregular migration. Antonis 
Samaras underlined that the strengthening of Frontex and repatriation of 
undocumented migrants are the key points at this stage. Finally, he stated that 
effective management of irregular migration will be a positive step towards the 
exit of Greece from the economic crisis.
Sources: Kathimerini 
<http://www.kathimerini.gr/4dcgi/_w_articles_kathremote_1_22/10/2013_524176> , 
22 October 2013; News.in <http://news.in.gr/greece/article/?aid=1231270059> , 
21 October 2013; Zougla.gr 
<http://www.zougla.gr/greece/article/kini-drasi-eladas---italias-gia-tin-paranomi-metanastefsi>
 , 22 October 2013


·         ITALY / EU to urge Libya to prevent traffickers from smuggling 
migrants <http://picum.org/en/news/bulletins/42445#news_42412> 


Italy urged the EU on 11 November 2013 to press Libya to prevent traffickers 
from smuggling migrants from Africa on overcrowded boats to the EU. The call 
came three days after Sicilian investigators arrested a man for kidnapping, 
extortion and rape of some of the Eritreans migrants who survived the shipwreck 
tragedy near the island of Lampedusa on 3 October 2013 where about 360 people 
died. Malta backs Italy’s efforts and is preparing to send a military vessel to 
Libya to patrol the coast and prevent boats carrying migrants from departing, 
Prime Minister Joseph Muscat said.
Sources: Reuters 
<http://uk.reuters.com/article/2013/11/11/uk-italy-migrants-libya-idUKBRE9AA0LB20131111>
 , 11 November 2013; Reuters 
<http://www.reuters.com/article/2013/11/08/us-italy-migrants-slavery-idUSBRE9A70QL20131108>
 , 8 November 2013


·         SPAIN / Spanish authorities intercept more than 3,200 undocumented 
migrants in six months <http://picum.org/en/news/bulletins/42445#news_42413> 


The results from the 9th edition of Operation Indalo 
<http://frontex.europa.eu/operations/archive-of-operations/CMMcoZ> , have shown 
that Spanish authorities have intercepted up to 3,248 undocumented migrants and 
148 vessels that tried to reach the Spanish coast. This operation is managed by 
the Guardia Civil (national Spanish police) and funded by the European Border 
Agency (Frontex). The results also contain data on traffickers and drug 
smuggling that could be used to tackle these issues. The operation involved 
3,200 hours of maritime vigilance and 500 hours of aerial surveillance that 
also included the support of authorities from Morocco, Algeria and ten other 
European countries. According to the head of the Guardia Civil, there are three 
points that are under pressure in the Mediterranean: the western point that 
affects Spain; the central zone that covers the island of Lampedusa and the 
eastern border of Greece.
Source: Europa Press 
<http://www.europapress.es/sociedad/noticia-espana-intercepta-seis-meses-mas-3200-inmigrantes-irregulares-20131101100335.html>
 , 07 November 2013


·         REPORT / PRO ASYL report on the witnesses of push-backs at the 
Greek-Turkish border <http://picum.org/en/news/bulletins/42445#news_42414> 


The human rights organisation PRO ASYL published a report based on 90 
interviews of people who have tried at least once to cross the south-eastern 
external European borders with Turkey and have allegedly been victims of 
illegal push-backs and ill-treatment at the hands of Greek authorities.
The report accuses masked Greek officers of ill-treating migrants and refugees 
upon apprehension, detaining them arbitrarily on Greek soil without any 
registration and then deporting them back to Turkey or even abandoning them in 
Turkish territorial waters without any consideration for their safety, in 
breach of international law. Witnesses reported being forced and even 
threatened with guns to return to Turkish waters and claimed to have been left 
in life threatening situations when left adrift in unseaworthy boats or being 
thrown in the water. The majority of the interviewees claimed that they had 
been ill-treated and the severity of some of the reported ill-treatment could 
amount to torture. They finally reported that after being rescued by the 
Turkish authorities, they were arrested and detained in Turkey. The report ends 
with an interview of two French journalists who reported having posed as 
Afghans and underwent a push-back and the same ill-treatment as migrants and 
asylum seekers. You can access the report here 
<http://www.proasyl.de/fileadmin/fm-dam/l_EU_Fluechtlingspolitik/pushed_back_web_01.pdf>
 .


United Nations


·         OHCHR / Information sheet on trafficking in human beings 
<http://picum.org/en/news/bulletins/42445#news_42415> 


In the frame of a series of information sheets on human rights issues, the 
Office of the United Nations High Commissioner for Human Rights (OHCHR) has 
published a one-pager on trafficking in human beings 
<https://docs.google.com/file/d/0B6XUJ0SW4C68a0tPLVR2SkhCSjQ/edit?pli=1> . The 
one-pager provides data on forms of trafficking and groups of victims of 
trafficking as well as outlining human rights treaties and decisions relating 
to the prevention and fight against trafficking in human beings.
Source: Office of the United Nations High Commissioner for Human Rights 
<http://www.ohchr.org/EN/AboutUs/Pages/CivilSociety.aspx> , November 2013


·         UN / New ratifications and guide on the CRC complaints procedure 
<http://picum.org/en/news/bulletins/42445#news_42416> 


Portugal and Montenegro have become the seventh and eighth states to ratify the 
Optional Protocol to the Convention on the Rights of the Child (CRC) on a 
complaints procedure on 24 September 2013. Two more ratifications are needed 
for the treaty’s entry into force. In the meantime, 44 States in total have 
signed the Optional Protocol 
<http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11-d&chapter=4&lang=en>
 . The Special Representative of the Secretary-General (SRSG) on Violence 
against Children has also launched a child-friendly guide to the CRC’s 
complaints procedure entitled: ‘Raising Understanding among Children and Young 
People on the Optional Protocol on a Communications Procedure’. The guide 
<http://srsg.violenceagainstchildren.org/sites/default/files/children_corner/RaisingUnderstanding_OCPC_singlepage96px.pdf>
  aims to raise children’s awareness about their rights and enhance their 
confidence to speak up and seek support. The Child Rights International 
Network, CRIN, has produced a toolkit explaining how the complaints procedure 
works, including an annotated and a comparative guide to other international 
communications procedures of the UN. The toolkit is 
available in English 
<http://www.crin.org/resources/infodetail.asp?ID=30734,%20French%20http://www.crin.org/resources/infodetail.asp?id=31635>
 , Arabic <http://www.crin.org/arabic/resources/infodetail.asp?id=30841> , and 
Russian <http://www.crin.org/resources/infoDetail.asp?ID=31555&flag=report> .
Source: Child Rights Information Network CRINMAIL 28 
<http://www.crin.org/email/crinmail_detail_popup.asp?crinmailID=4917> , 18 
October 2013


European Policy Developments


·         COUNCIL OF THE EUROPEAN UNION / Debate on migration issues in the 
Mediterranean <http://picum.org/en/news/bulletins/42445#news_42417> 


Following the EU Council meeting on 24 and 25 October 2013 in Brussels, 
ministers debated migration issues in the Mediterranean on 18 November 2013. 
They spoke in favour of a comprehensive approach with Libya to tackle irregular 
migration in the Mediterranean. This includes more cooperation with and 
assistance to the Libyan government to secure its borders and reduce 
trafficking in human beings. Through the EU Border Assistance Mission (EUBAM 
Libya), the EU aims to contribute to the capacity building of the Libyan border 
authorities. At the same time, the EU agreed on a mobility partnership with 
Tunisia which is expected to be signed officially soon. The mobility 
partnership foresees cooperation on migration and asylum and that the EU will 
deal with the challenge of the death of migrants at sea. The EU previously drew 
up an agreement of this type with Morocco in June 2013. The European Council of 
June 2014 will return to asylum and migration issues in a broader and longer 
term policy perspective.
Sources: Council of the European Union Foreign Affairs, 
<http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/139633.pdf>
 Press Release, 18 November 2013; ANSA 
<http://www.ansamed.info/ansamed/en/news/sections/economics/2013/11/18/Immigration-EU-sign-agreement-Tunisia_9639945.html>
 , 18 November 2013


·         COUNCIL OF EUROPE / “The right to leave a country” - new paper by 
Commissioner for Human Rights 
<http://picum.org/en/news/bulletins/42445#news_42418> 


The Council of Europe Commissioner for Human Rights, Nils Muižnieks, published 
on 5 November 2013 an issue paper on the right to leave a country, including 
one's own, guaranteed in Article 2 of Protocol 4 to the European Convention on 
Human Rights. The paper highlights barriers to the fulfilment of this right, 
such as restrictive migration and border control policies or travel bans 
imposed by Council of Europe member states. The issue paper also explores the 
negative impact on the effective realisation of the right to leave a country 
due to the increasing externalisation of EU border control policies through 
mandatory visa requirements and readmission agreements with third countries. 
The paper concludes by recommending states to ensure that their laws, policies 
and practices relating to migration and border controls are compliant with the 
right to leave a country and the international human rights framework and abide 
by the principle of non-discrimination. The Issue Paper is available in English 
here 
<https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetImage=2392927&SecMode=1&DocId=2079134&Usage=2>
 . 
Sources: Council of Europe 
<https://wcd.coe.int/ViewDoc.jsp?id=2123865&Site=DC&ShowBanner=no&Target=_self&BackColorInternet=F5CA75&BackColorIntranet=F5CA75&BackColorLogged=A9BACE>
 , Press release CommDH033(2013), 6 November 2013; European Voice 
<https://www.europeanvoice.com/article/imported/eu-slammed-over-migration-policy/78635.aspx>
 , 7 November 2013


·         EU / Court backs asylum rights for homosexual people 
<http://picum.org/en/news/bulletins/42445#news_42419> 


The Court of Justice of the EU (CJEU) in Luxembourg ruled on 7 November 2013 
that lesbian and gay people can seek asylum in the EU if they risk being jailed 
in their home countries. The Court also ruled that 'voluntary discretion' of 
sexual identity is no longer an acceptable rationale for rejecting asylum 
claims based on persecution grounded in sexual orientation. This ruling places 
the obligation on national authorities to fully and accurately assess the 
credibility of asylum claims based on sexual orientation. The case was brought 
by three gay men from Senegal, Sierra Leone and Uganda. They sought refugee 
status in the Netherlands fearing that they would be persecuted in their home 
countries because of their sexuality. Homosexuality is illegal in more than 30 
African countries, with punishments ranging from death to severe or lighter 
jail sentences. To read the judgment, click here 
<http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30dbec0e65f148e742c5855fb30ad84f8e5a.e34KaxiLc3qMb40Rch0SaxuMahj0?text=&docid=144215&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=509256&utm_source=CJEU+Discretion+Ruling+Press+Release_2013-11-07&utm_campaign=East+Bay+Reception+Invitation+9%2F11&utm_medium=email>
 . 
In a similar case, Belgium was condemned by the European Court of Human Rights 
(ECtHR) for illegally detaining an asylum seeker from the Republic of 
Guinea-Bissau who had fled his country for reasons connected with his sexual 
orientation.
Sources: EU Observer <http://euobserver.com/news/122026> , 8 November 2013; La 
Libre 
<http://www.lalibre.be/actu/belgique/la-belgique-condamnee-a-payer-5-000-euros-a-un-demandeur-d-asile-5285dc5c3570ea593dbbc9ab#.UoeCskd-YhU.facebook>
 , 16 November 2013


National Developments


·         GERMANY / Lampedusa in Hamburg 
<http://picum.org/en/news/bulletins/42445#news_42420> 


With the slogan ‘We are here to stay!’ the initiative ‘Lampedusa in Hambur 
<http://lampedusa-in-hamburg.tk/> g’ organises protests asking the Senate of 
the city of Hamburg to recognise a group of about 360 migrants as refugees of 
the NATO war in Libya in 2011. The migrants are of Sub-Saharan origin and lived 
in Libya as working migrants until the NATO bombing in 2011. Most of them 
arrived on the Italian island Lampedusa and were asked to leave for Germany by 
Italian authorities which felt overwhelmed by the large number of migrant 
arrivals and ask other EU member states to take responsibility. The initiative 
Asylum in the Church <http://www.kirchenasyl.de/>  in Hamburg has provided 
shelter to about 100 of the migrants. The initiative supports similar programs 
in Berlin and Frankfurt. According to Pastor Fanny Dethloff of Asylum in the 
Church in Hamburg, those migrants who arrived before April 2013 can achieve a 
toleration of stay and suspension of deportation (‘Duldung’) on an individual 
basis. However, the protest movement favours a right to stay for all and cases 
of threats against those who opted for individual procedures have been 
reported. 
Source: Spiegel 
<http://www.spiegel.de/politik/deutschland/hamburg-hat-drei-optionen-mit-lampedusa-fluechtlinge-umzugehen-a-931955.html>
 , 7 November 2013


·         GERMANY / More racist attacks against migrants, asylum-seekers and 
Roma <http://picum.org/en/news/bulletins/42445#news_42421> 


In the past three months, eight attacks have been recorded on facilities for 
asylum seekers and on a house and a cultural centre for Roma. These attacks are 
accompanied by intensified racist campaigns against asylum seekers and 
refugees. Many observers of the situation are reminded of the conditions that 
prevailed in the early 1990s in Germany when more than 25 people died as a 
direct result of neo-Nazi attacks. Organisations such as the refugee-rights 
organisation Pro Asyl call for solidarity with the people affected by such 
agitation and attacks.
Sources: Mut gegen rechte Gewalt 
<http://www.mut-gegen-rechte-gewalt.de/news/chronik-der-gewalt/todesopfer-rechtsextremer-und-rassistischer-gewalt-seit-1990/>
 , 20 October 2013; Pro Asyl 
<http://www.proasyl.de/de/news/detail/news/rassistische_hetze_gegen_fluechtlinge_nimmt_zu/>
 , 24 October 2013


·         MALTA / Citizenship for 650,000 euros 
<http://picum.org/en/news/bulletins/42445#news_42422> 


The Maltese Parliament approved new citizenship legislation on 12 November 2013 
which enables foreigners to buy a Maltese passport without any residency or 
investment requirements for 650,000 euros. According to Prime Minister Joseph 
Muscat, the program's goal is to raise revenue for the country and attract 
"high-value" people who will ensure investment. Nationalist lawmakers announced 
they would consider a petition drive to force a referendum to repeal the law. 
Joseph Muscat recently called on the EU to take action to relieve Malta of the 
burden of migrant arrivals and has been criticised for allowing the selling of 
citizenship to the rich.
Source: Spiegel online 
<http://www.spiegel.de/international/europe/malta-passes-bill-giving-citizenship-to-foreigners-for-payment-a-933360.html>
 , 13 November 2013; Malta Independent 
<http://www.independent.com.mt/articles/2013-11-09/news/government-could-net-150-million-a-year-from-iip-3131670549/>
 , 9 November 2013


·         NETHERLANDS / The European Committee of Social Rights invites the 
Dutch government to take all possible ‘immediate measures’ to ensure the basic 
needs of undocumented migrants 
<http://picum.org/en/news/bulletins/42445#news_42423> 


Following a request for ‘immediate measures’ submitted by the Conference of 
European Churches in order to ensure undocumented migrants have access to 
shelter, food and clothing in the Netherlands and ‘to safeguard their human 
dignity and prevent further harm’, the European Committee of Social Rights on 
25 October 2013 invited the Dutch government to take ‘all possible measures 
with a view to avoiding serious, irreparable injury to the integrity of persons 
at immediate risk of destitution’ and ‘ensuring that their basic needs 
(shelter, clothes and food) are met’. The Conference of European Churches 
initially requested the suspension of the Dutch ‘Linkage Act’ which excludes 
undocumented migrants from accessing basic social services. Although that 
request was rejected, the Committee recognised the duty of the Dutch government 
to find alternative solutions which do not exclude irregular migrants from 
access to facilities relevant to the fulfillment of their basic needs. The 
decision of the Committee can be accessed here 
<http://picum.org/picum.org/uploads/file_/NL%20decision%20on%20immediate%20measures.pdf>
 .


·         UK / Immigration spot checks at railway stations 
<http://picum.org/en/news/bulletins/42445#news_42425> 


According to the UK’s Minister for Immigration, Mark Harper, immigration spot 
checks will be continued at railway stations. These checks were carried out in 
the London area on 30 July and 1 August this year and had led to the arrest of 
17 people for irregular stay. A pilot operation, Operation Vaken, took place 
between 22 July and 22 August 2013 in six London boroughs to test different 
ways to encourage irregular migrants’ return to their country of origin. This 
included mobile billboards highlighting the risk of arrest, postcards in shop 
windows, adverts in newspapers and magazines, leaflets and posters advertising 
immigration surgeries in faith/charity group buildings. Mark Harper announced 
in a statement 
<http://www.dodsmonitoring.com/downloads/WMS/WMS_2013/Oct_31_2013/WMS4.pdf> on 
31 October 2013 that the government will continue its promotion of departure 
schemes. The efforts have been criticised and the Equality and Human Rights 
Commission said it would examine the powers used and their "justification". 
According to the UK Home Office, there have been 228 immigration street 
operations since 2008. 
Source: BBC <http://www.bbc.co.uk/news/uk-politics-24987927> , 19 November 2013


Health Care


·         DENMARK / Protest against deportations of mentally ill asylum seekers 
<http://picum.org/en/news/bulletins/42445#news_42426> 


The revelation of increased deportations of asylum seekers with severe health 
problems has triggered a public debate about the justification of deportations. 
On 1 November 2013, protesters took to the streets of Copenhagen with signs 
around their necks saying ‘I am mentally ill, let me stay in Denmark’. Among 
them were medical practitioners and lawyers who daily witness the deportations 
of victims of torture and violence diagnosed with severe mental illnesses. 
Availability of medication in the respective home countries has served as 
grounds for deportation. The speeches held on the day of the protest indicated 
the traumatic effects the return to countries of origin has on the migrants in 
question.   
Source: Sameksistens 
<http://www.sameksistens.dk/nyhed/article/hoejlydte-protester-mod-udsendelse-af-alvorligt-psykisk-syge-asylansoegere/#.UnT0QMRxvCM.facebook>
 , 2 November 2013


·         UK / Limitation of access to healthcare for migrants 
<http://picum.org/en/news/bulletins/42445#news_42427> 


Following the results of the public consultation initiated on 3 July 2013 on 
Access to Health Services for migrants, the UK Home Office aims to introduce 
and add charges. Temporary and non-EEA migrants will be required to pay for 
health services. Moreover, asylum seekers, people with refugee or humanitarian 
protection status and trafficked persons will in addition to regular charging 
be obligated to pay an immigrant surcharge and apply for leave if entering or 
remaining in the UK. The new restrictions on healthcare access for migrants are 
at odds with the findings of the consultation, as 69% of respondents did not 
feel that access should be based on permanent residence. 
Source: Migrants’ Rights Network 
<http://www.migrantsrights.org.uk/news/2013/report-public-consultation-access-healthcare-migrants?utm_source=Migrants+Rights+News&utm_campaign=a4b4fc2c51-MRN_News_4-11-2013&utm_medium=email&utm_term=0_1084a7080c-a4b4fc2c51-217249373>
 , 4 November 2013


Labour and Fair Working Conditions


·         REPORT / Exploitation of migrant workers in Finland, Sweden, Estonia 
and Lithuania <http://picum.org/en/news/bulletins/42445#news_42428> 


The European Institute for Crime Prevention and Control, affiliated with the 
United Nations (HEUNI) published the report “Exploitation of migrant workers in 
Finland, Sweden, Estonia and Lithuania: Uncovering the links between 
recruitment, irregular employment practices and labour trafficking” on 24 
October 2013. This publication is a compilation of four independent research 
reports commissioned under the umbrella concept of ADSTRINGO 
<http://www.heuni.fi/Satellite?blobtable=MungoBlobs&blobcol=urldata&SSURIapptype=BlobServer&SSURIcontainer=Default&SSURIsession=false&blobkey=id&blobheadervalue1=inline;%20filename=Adstringo%20info%20sheet.pdf&SSURIsscontext=Satellite%20Server&blobwhere=1381175315355&blobheadername1=Content-Disposition&ssbinary=true&blobheader=application/pdf>
 . The ADSTRINGO project addressed trafficking in human beings for labour 
exploitation through improved partnerships, enhanced diagnostics and 
intensified organisational approaches. The report, a compilation of recruitment 
practices in both countries of origin and destination, provides new information 
on the vulnerabilities, factors, methods and channels that facilitate 
exploitation. Moreover, the report aims to improve the current level of 
knowledge in the Baltic Sea region regarding exploitative recruitment practices 
that may lead to trafficking as well as the roles and responsibilities of 
employers in preventing such exploitation. The full report is available here. 
<http://www.cbss.org/civil-security-the-human-dimension/tfthb/> 
Source: Council of the Baltic Sea States 
<http://www.cbss.org/heuni-report-exploitation-of-migrant-workers-in-finland-sweden-estonia-and-lithuania-uncovering-the-links-between-recruitment-irregular-employment-practices-and-labour-trafficking/>
 , 24 October 2013


Undocumented Women


·         ISRAEL / Unauthorised abortion clinic suspected of trafficking 
undocumented women’s babies 
<http://picum.org/en/news/bulletins/42445#news_42429> 


An illegal abortion clinic in south Tel Aviv that may have also trafficked 
newborn babies was raided on 15 November 2013 by Tel Aviv police and Border 
Police who were accompanied by officials from the Ministry of Health. A Tel 
Aviv couple were taken in for questioning; their apartment and food store 
reportedly served as delivery rooms where undocumented women were brought near 
the end of their pregnancies. Media reported that the store was used for 
performing abortions on foreign women with no legal standing in Israel, who 
feared being incarcerated or questioned if they went to state-run health 
clinics for care.  Over 3,000 miscarriages inducing pills were reportedly found 
at the clinic. The couple was also suspected of trafficking newborn babies to 
other, childless migrant families in south Israel, and of extorting large fees 
from the adoptive parents. In Israel, female migrant workers who become 
pregnant are likely to lose their residence permit. Once in an irregular 
situation, they are only entitled to essential, emergency care in hospitals. 
Physicians for Human Rights, a Tel Aviv-based humanitarian organisation, works 
to provide the community with free or low-cost care.
Sources : Haaratz <http://www.haaretz.com/news/national/.premium-1.558314> , 16 
November 2013; The Times of Israel 
<http://www.timesofisrael.com/couple-questioned-for-running-illegal-abortion-clinic-for-migrant-women/>
 , 16 November 2013


Undocumented Children and Their Families


·         CYPRUS / Migration department accused of mistreatment of migrant 
families <http://picum.org/en/news/bulletins/42445#news_42430> 


The Cypriot Ombudsperson, Eliza Savvidou, and the Child Commissioner, Leda 
Koursoumba, have highlighted a number of cases in which the migration 
department has left teenagers to fend for themselves after detaining both 
parents, or have deprived children of at least one parent on charges of 
marriages of convenience lacking evidence. The latter was the case when a 
three-year-old girl was deprived of her Bulgarian mother and Pakistani father 
because the migration department claimed the couple’s marriage is one of 
convenience despite a DNA test proving paternity. In another case, a 
15-year-old Chinese girl lived alone because her parents were held in detention 
in Menoyia awaiting deportation. Leda Koursoumba called on the state, which is 
ultimately responsible for the migration department’s policies, for a 
comprehensive policy to ensure that measures involving children are in 
accordance with children’s rights.
Source: Cyprus Mail 
<http://cyprus-mail.com/2013/11/10/families-split-as-parents-detained/> , 10 
November 2013


·         GERMANY / Authorities accused of issuing passports with wrong birth 
dates <http://picum.org/en/news/bulletins/42445#news_42431> 


A group of 13 young migrants from Somalia who arrived in Germany unaccompanied 
claim to be below the age of 18 and have accused authorities of issuing their 
papers with birth dates that make them adults under German law. Being 
considered of legal age, the young asylum seekers are accommodated in refugee 
homes for adults with little assistance whereas children below the age of 18 
would usually be placed in child welfare facilities. Some of the young asylum 
seekers showed their birth certificates from Somalia to the authorities in the 
federal state of Brandenburg which, however, were allegedly not recognised. 
Authorities have denied responsibility for the case. Through the help of local 
activists, the child protection service was informed but could not help either. 
According to the Federal Association for Unaccompanied Minor Refugees 
(Bundesfachverband unbegleitete Minderjährige Flüchtlinge, BUMF), the child 
protection service is responsible for the young asylum seekers if they claim to 
be under age, regardless what their actual age is. The group continues their 
struggle to be recognised as children.
Source: Taz <http://www.taz.de/Asylbewerber-in-Brandenburg/!127801/> , 19 
November 2013


·         UK / Response to new immigration bill 
<http://picum.org/en/news/bulletins/42445#news_42432> 


The Children’s Society in the UK presented a briefing to the Prime Minister, 
David Cameron, in response to the UK’s new immigration bill. The Children’s 
Society is extremely concerned that the proposed changes will further isolate 
vulnerable children and young people who are already at risk of homelessness, 
exploitation and exclusion by creating additional barriers to vital services 
including healthcare and housing. Among the proposals are restrictions to 
access to free primary and secondary health care for undocumented migrant 
children and the requirement to private landlords to check the immigration 
status of tenants. Furthermore, the Bill has failed to consider the best 
interests of the child within its proposal around Article 8 of the European 
Convention on Human Rights on the right to respect for his private and family 
life. This right can be a crucial element in resolving a child’s immigration 
status, including in cases concerning undocumented migrant children, the 
majority of who were born in the UK or arrived when they were very young. 
Source: The Children’s Society 
<http://www.childrenssociety.org.uk/sites/default/files/tcs/briefing_on_immigration_bill_2r_22_10_13.pdf?dm_i=LM5,1Z233,4QTOZX,73DWX,1>
 , Policy Newsletter, 14 November 2013


Detention and Deportation


·         GREECE / Court condemns detention of child 
<http://picum.org/en/news/bulletins/42445#news_42433> 


The European Court of Human Rights (ECtHR) condemned Greece in the case Housein 
v Greece <http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-127231#{> 
concerning the detention of the 11-year old Ali Hussein from Afghanistan. The 
court ruled that Greece violated his right to liberty when detaining him in an 
adult facility for about two months. His lawyer had submitted an objection to 
the unacceptable conditions of his detention and requested his transfer to a 
special detention centre for unaccompanied minors. This was rejected by the 
Greek courts which issued a decree for the continuation of his detention under 
the same conditions. The ECtHR ruled that detention conditions violated Article 
3 ECHR on the prohibition of degrading treatment, as well as Article 9 ECHR on 
the freedom of religion as the Muslim boy was allegedly forced to choose 
between eating pork or going hungry.
Sources: Asylum Information Database 
<http://www.asylumineurope.org/news/25-10-2013/greece-condemned-detention-unaccompanied-children>
 , 25 October 2013; Enet.gr <http://www.enet.gr/?i=news.el.article&id=394393> , 
24 October 2013


·         GREECE / Hunger strike and case of death in detention 
<http://picum.org/en/news/bulletins/42445#news_42434> 


Approximately 400 detainees at the Komotini detention centre, located east of 
the city of Thessaloniki, refused to eat on October 24 and 25 and three sewed 
their mouths shut in a symbolic protest at the poor living conditions in the 
detention centre. The protest started when the detained migrants were not given 
personal hygiene products. A few days before, on 20 October, a 25-years-old 
Pakistani migrant died in the detention centre of Dendia in Xanthi, in 
northeastern Greece after falling from his bunk bed. According to the police, 
the detainee was transferred to the closest hospital but it was too late to 
save him. Insufficient medical care and the lack of basic safety measures and 
hygiene conditions have frequently been criticised. 
Sources: theinsider.gr 
<http://www.theinsider.gr/index.php?option=com_content&view=article&id=31062%3A2013-10-24-16-34-58&catid=3%3Asociety&Itemid=41>
 , 24 October 2013; antiracismfascism.org 
<http://www.antiracismfascism.org/index.php/2013-09-08-22-14-42/frontex> , 20 
October 2013


·         ISRAEL / Cabinet approves bill allowing detention of undocumented 
migrants up to one year <http://picum.org/en/news/bulletins/42445#news_42435> 


The cabinet on 10 November 2013 approved an amendment to the bill dealing with 
irregular migrants mandating that the state can detain them for up to a year 
without trial in closed-door detention centres, and for a much longer period in 
other, more open, facilities. The decision follows an earlier version of the 
bill, which called for keeping migrants in closed detention centres for up to 
three years without trial. The bill also provides for the construction of an 
“open” detention centre that will only be locked at night. However, the 
detention centre is foreseen to be located in the desert which would limit the 
possibilities for migrants to move around freely. The bill requires migrants in 
the detention centre to register three times per day and bars them from seeking 
outside employment. Migrants’ rights organisations criticised the new 
amendment, saying it was just as unconstitutional as the version that was 
struck down by the High Court.
Sources: The Times of Israel 
<http://www.timesofisrael.com/ministers-move-to-detain-migrants-for-a-year-without-trial/>
 , 17 November 2013; The Jerusalem Post 
<http://www.jpost.com/Diplomacy-and-Politics/Cabinet-approves-bill-allowing-detention-of-illegal-migrants-for-one-year-331992>
 , 17 November 2013


·         RESEARCH / New set of working papers on immigration detention 
<http://picum.org/en/news/bulletins/42445#news_42436> 


The Global Detention Project has issued a new set of working papers that aim to 
provide innovative perspectives on the practice, dynamics and consequences of 
immigration detention. The paper ‘The Hidden Costs of Human Rights: The Case of 
Immigration Detention 
<http://www.globaldetentionproject.org/publications/project-publications/hidden-costs.html>
 ’ by Michael Flynn explains how immigration detention has impacted some key 
human rights norms, which has helped spur states to adopt new institutions 
dedicated to this practice. The paper ‘"Crimmigration" in the European Union 
through the Lens of Immigration Detention 
<http://www.globaldetentionproject.org/publications/project-publications/crimmigration.html>
 ’  by Izabella Majcher shows how the convergence of criminal and immigration 
laws can have a harmful impact on migrants, ranging from increasing negative 
attitudes about non-citizens to more restrictive immigration policies. The 
third paper entitled ‘Smoke Screens: Is There a Correlation between Migration 
Euphemisms and the Language of Detention? 
<http://www.globaldetentionproject.org/publications/project-publications/smoke-screens.html>
 ’ by Mariette Grange explores how language used to describe people moving 
across borders can have consequences on their well-being, including limiting 
their access to legal procedures.
Source: Global Detention Project 
<http://www.globaldetentionproject.org/about/about-the-project.html> , October 
2013


·         UK / Court ruling to keep dying detainee in custody 
<http://picum.org/en/news/bulletins/42445#news_42437> 


The Nigerian Ifa Muaza, placed in the Harmondsworth immigration removal centre, 
has been on hunger strike for almost three months. After his asylum claim was 
rejected, he started to refuse food. In October, his medical condition was 
considered too critical for him to remain in detention. The High Court, 
however, ruled that he will have to stay in custody and the Home Office issued 
an “end of life plan”. The 45-year-old Nigerian applied for asylum on the basis 
of persecution by the Islamist group Boko Haram, recently recognised as a 
terrorist organisation by the US. He has commented on his own hunger protest 
that he would rather die than go back to Nigeria. While his solicitor has 
publicly called the ruling a death sentence, a Home Office spokesperson has 
refused to talk about individual cases. 
Source: The Guardian 
<http://www.theguardian.com/uk-news/2013/nov/19/asylum-seeker-hunger-strike-stay-custody-death-nigeria-muaza>
 , 19 November 2013


Publications and other Resources


·         ITALY / ‘An Inhuman Cost’ 
<http://picum.org/en/news/bulletins/42445#news_42438> 


After the launch of their campaign ‘I diritti non sono un costo’ (Rights are 
not an expense), the Italian NGO Lunaria released ‘An Inhuman Cost 
<http://www.lunaria.org/2013/07/15/costi-disumani-on-line-la-sintesi-in-inglese/>
 ’, a study involving a detailed comparison between the public resources 
invested to control irregular migration, and those allocated to promoting the 
integration and social inclusion of third-country nationals. The report 
presents an analysis of the costs of controlling irregular migration through 
detention, border controls, the externalisation of borders and forced removals. 
The report reveals that, between 2005 and 2012, Italy spent more than 117 
million euros on policies aimed at managing migration, 95% of which (i.e. more 
than 112 million euros) was invested in measures to combat irregular migration 
and only 5% of the overall amount was dedicated to measures aimed at migrants’ 
integration and social inclusion. An English summary of the report is available 
here <http://www.lunaria.org/wp-content/uploads/2013/07/Inhuman_cost.pdf> and 
the full text of the report is available in Italian here 
<http://www.lunaria.org/wp-content/uploads/2013/05/costidisumani-web_def.pdf> .


Other News


·         FILM / Undocumented journalist produces film about own experience 
<http://picum.org/en/news/bulletins/42445#news_42439> 


Jose Antonio Vargas, a former Washington Post journalist of Filipino origin who 
revealed that he has been undocumented since childhood, has made a documentary 
about his experience. ‘Documented’ retraces his migration from age 12 when his 
mother put him on a plane to California. He learned he didn't have immigration 
papers when he was 16. For the film, Vargas sent a camera back to the 
Philippines to interview his mother, whom he hasn't seen in 20 years. The 
broadcast rights for the documentary will be sold to CNN Films. The documentary 
will be broadcast in the US in the spring of 2014 but also shown in theatres 
starting at the International Documentary Film Festival in Amsterdam from 20 
November to 3 December 2013. Mr Vargas cannot attend the festival as he cannot 
leave the US. The journalist, filmmaker, and founder of an advocacy group 
called Define American which campaigns for immigration reform was part of a 
team which won the Pulitzer Prize in 2008 for their coverage of the Virginia 
Tech shooting. To find out more about ‘Define American’ and watch the trailer 
of ‘Documented’, click here <http://www.defineamerican.com/> . To view Jose 
Antonio Vargas’ blog, click here <http://joseantoniovargas.com/> . 
Source: Star Tribune <http://www.startribune.com/lifestyle/232495011.html> , 19 
November 2013


·         GERMANY / Law students counsel migrants 
<http://picum.org/en/news/bulletins/42445#news_42440> 


Law students of the University of Gießen are supporting refugees, migrants and 
asylum seekers through ‘Refugee Law Clinics’. Paul Tiedemann, judge at the 
administrative court in Frankfurt, initiated the program to allow students to 
gain practical experience along with theoretical training. Many of the students 
who take part in the program are migrants themselves. They provide counseling 
on the procedure of asylum applications and prepare candidates for their 
hearing at the Federal Authority for Migration and Refugees (Bundesamt für 
Migration und Flüchtlinge). 
Source: Spiegel online 
<http://www.spiegel.de/unispiegel/studium/uni-giessen-jurastudenten-bieten-rechtsberatung-fuer-asylbewerber-a-924155.html>
 , 15 November 2013

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the human rights of undocumented migrants within Europe.

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