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  • PICUM Bulletin – August 2013
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PICUM Bulletin – August 2013

Borders

  • CAMPAIGN / Stop violence at the borders

    On 28 June 2013 four Moroccan associations – ALECMA, AMDH, FMAS and GADEM – launched a campaign called “No. 9 –Stop violence at the borders!” to denounce the daily and systematic repression of migrants by Moroccan authorities aswell as the implication of Spanish authorities in the crimes committed against migrants at the borders of Ceuta andMelilla. They also demand an official investigation into the circumstances of the death of Clément, an undocumentedCameroonian migrant, who died as a result of wounds inflicted during repression by Spanish and Moroccan forces, as wellas an investigation into the circumstances in which other migrants have lost their lives at the border.To find out moreabout the campaign and sign the petition, click here.
    Source: Number 9, 31 July 2013.

  • GREECE/ 24 irregular migrants drown in AegeanSea

    A speedboat with irregular migrants capsized in the Aegean Sea off the coast of Ezine, a district in the northwesternprovince of Canakkale. 24 bodies were found, according to local news agencies. The captain had called the coast guard,reporting that 30 people were on board. A coast guard plane was deployed to search for more people in the sea. No detailwas provided on the origin of the migrants.
    Source: Greekreporter, 31 July 2013

  • MALTA/ International responsibilities towardsrescued migrants

    The crew of the Liberian-flagged oil tanker Salamis rescued 102 shipwrecked migrants on 5 August 2013. Being on routeto Malta, the captain of the ship aimed to disembark in Malta. However, Malta refused the disembarkation which led to adebate about the humanitarian responsibilities of EU member states. The tanker was eventually received by Italy despitethe EU Commission’s call for Malta to take appropriate action and allow the boat to disembark. Maltese Prime MinisterMuscat stated that he would take the same stance again in a similar scenario. He claimed that Malta’s responsibilitywas fulfilled by providing the migrants on board with food, water and medication and stressed that the captain haddisregarded international obligations by choosing to continue to sail to Malta instead of returning to Libya which at thetime was the nearest safest port. The incident follows a series of migrant arrivals and rescues near Maltese shores.Commissioner Malmström has confirmed that if Malta comes under increased migratory pressure the EU will be ready to helpbut Malta must acknowledge that all arrivals on EU territory have the right to seek asylum and any return operations mustabide by this principle.
    Source: EUROPA Press ReleaseRapid ; Malta Today ; Middle East Online , 12 August 2013

  • ITALY/ Demands for EU solidarity

    The Italian Prime Minister, Enrico Letta, recalled the EU principle of solidarity after recent tragedies at sea.According to Mr Letta, the migration problem is structural and requires the cooperation of the whole EU. On 10 August2013, coast guards rescued nearly 100 migrants, mostly from Egypt and Syria, in Catania, Sicily. Six migrants lost theirlives in the incident after jumping off the boat trying to reach the shore. Investigators are working on the hypothesisthat the fishing boat might have been towed by a larger ship linked to a criminal network. Police arrested two Egyptians,aged 16 and 17, on suspicion of assisting irregular migration. Mr Letta also recalled Italy’s solidarity a few daysbefore when the country agreed to take the migrants on board the ship Salamis which was denied disembarkation in Maltaand caused an EU-wide debate on the obligation to relieve shipmasters of migrants recovered by ships at sea.
    Source: Adnkronos ; Lettera 43 , 11 August 2013

  • JUSTICE / Survivors of boating tragedy sue Franceand Spain

    Two survivors of a 2011 boating disaster, which cost the lives of 63 migrants, have commenced legal proceedings inFrance and Spain alleging that the French and Spanish military failed to come to the aid of the overcrowded boat whichwas in clear need of assistance. The boat, which left from Libya, ran out of fuel and was left floating near a busyshipping lane in the Mediterranean for two weeks. One of the nine survivors recalls how a flyover helicopter hadidentified their boat and dropped them water and biscuits, indicating that it would return but it never did. Last year,following an investigation into the tragedy, the Council of Europe also called on NATO and its member states to launchinquiries into how the military units in the area had failed to assist or respond to the migrants’ calls for help.
    Source: TheGuardian , 21 June 2013

  • REPORT / New Amnesty International report drawsattention to the situation of migrants and refugees

    Amnesty International (AI) released a report entitled ‘Frontier Europe – Human rights abuses on Greece'sborder with Turkey’ as part of a campaign ‘Greece: Stop putting lives at risk. No more push backs!’ on 9July 2013. The report highlights that migrants and refugees trying to reach the EU through Greece are being regularlyreturned to Turkey by the Greek border police and coastguards. They are pushed back without an assessment of thecircumstances of each person. This practice puts lives of people, including children, at risk and is against domestic,international and EU law. According to AI, almost every person who claimed to have been pushed back said that they eitherexperienced or witnessed violence and ill-treatment. The report also highlights the extensive and indiscriminate use ofdetention of migrants and refugees, including minors and women, often under conditions considered inhumane. The campaignaims to persuade Greek authorities to stop the violation of migrants’ and refugees’ human rights. The full report isavailable here. To be part of the campaign, click here.
    Source: Amnesty International, 9 July 2013.

  • REPORT / Measures and fundamental rightschallenges for arrivals of migrants at sea

    The European Union Fundamental Rights Agency (FRA) released a report entitled ‘EU solidarity and Frontex:fundamental rights challenges’ which analyses the extent to which fundamental rights are implemented during joint EUand Frontex operations at sea. The report outlines the guidelines and evaluation requirements of joint operations andsuggests improving the compatibility with fundamental rights of EU measures funded under the Internal Security Fundinstrument for borders and visa and the Asylum and Migration Fund. Frontex operational plans should include debriefingsof officers and follow the guidelines set out in the Council Decision 2010/252/E until a new instrument is in place.Thereport is available for download here.

  • SPAIN/ Attempted crossings of Melilla borderfence

    A group of 50 sub-Saharan migrants unsuccessfully tried to scale the fence to enter the Spanish enclave of Melilla on7 August 2013. The Guardia Civil together with Moroccan authorities stopped the group. This follows a similar incident on6 August 2013 when 200 migrants attempted a massive crossing with some 50 making it across. A 20 year old man had to behospitalised after jumping off the 5 metre fence, fracturing his vertebrae. The others were placed in the Centre forTemporary Stay (CETI). The CETI is occupied by about 850 people, well above its initial capacity of 480 places. For thisreason, tents and bunks, provided by the army, were set up. The delegation of the Melilla government denounced, on 5 July2013, that sub-Saharan migrants arriving by sea and trying to reach Melilla, changed their approach, trying to threatenguards. The government released some pictures and a video, which shows a group of African migrants, including childrenand women, on a small boat threatening the Guardia Civil to throw a child over board and set the boat on fire if theirpassage should be interrupted. Another 64 sub-Saharan migrants were rescued at the Strait of Gibraltar and 2 more nearthe Gran Canary on 14 August 2013. In the first half of 2013, 573 people were rescued compared to 269 people in the sameperiod in 2012.
    Source:El País, 14 August 2013; El Mundo, 6 August 2013 ; El País,4 August 2013

  • US /Young irregular migrants cross borderinto Mexico to stage a protest

    Three young migrant activists who entered the United States irregularly alongside their parents when they werechildren crossed the border into Mexico to protest against the deportation of thousands of people over the past fewyears. The students, wearing graduation caps, chanted ‘undocumented, unafraid’ during their parade and werelater joined by more than 30 other young migrant activists at the border. Entering Mexico put them at risk of not beingable to return to the US. Deported young migrants can apply for return to the US under the Obama administration. However,as the protest was considered a voluntary return to Mexico, they would not have this option, according to migrationexperts.
    Source: Los Angeles Times 22July 2013

  • US /Militarising the border does not deterirregular migration

    After passage of a comprehensive immigration law in 1986, the U.S. began securing the border with Mexico, oftenreferred to as militarisation. Before, many Mexicans who entered the United States irregularly also returned. Accordingto Douglas Massey of Princeton University, the large influx of undocumented migrants is directly related to bordermilitarisation. In 1980, before passage of the 1986 law, 46% of undocumented Mexican migrants returned to Mexico within12 months. By 2007, that was down to 7%. However, the flow of irregular migration has clearly slowed down over the pastyear which calls into question the current debate on further securing the border with Mexico.
    Source: Wonkblog (Washington Post) , 10 August 2013

  • UK /Report on UK Borders

    A new independent report on Britain’s borders suggests that Britain should introduce a scheme of fingerprintingundocumented migrants caught entering the country, particularly as this information could be useful in cases wheremigrants re-entered Britain and applied for asylum. In response immigration Minister Mark Harper noted that takingfingerprints would not help remove migrants who entered the UK irregularly, though he accepted that the British policywould be reviewed. In addition the Home Office has been criticised for 15 redactions in the report which, although theywere made in accordance with the law and in consultation with the independent Commissioner John Vine, caused somecampaigners to question the transparency of the report.
    Source: ReutersUK, 14 August 13

United Nations

  • YOUTH / International Youth Day celebrated underthe theme of migration

    This year’s International Youth Day on 12 August was celebrated under the theme of ‘Youth Migration: MovingDevelopment Forward’. The 2013 observance aimed to raise awareness of the opportunities and risks associated with youthmigration, share knowledge and information stemming from recent research and analysis on this topic, and engage youngpeople in discussions on their migration experiences. Stakeholders reminded of the potential of young migrants to drivedevelopment and change but also warned of poor working conditions and discrimination based on gender, ethnicity orreligion which they often face. According to the UN, there were 27 million young international migrants in 2010. To findout more about International youth migration and development and the United Nation’s upcoming World Youth Report 2013,click here.
    Sources: UNDepartment of Economic and Social Affairs (DESA) Newsletter Volume 17, No.08, August 2013; Associated Press, 12 August 2013

  • UNITED NATIONS / Civil society preparatory events aheadof High Level Dialogue

    Ahead of the UN High Level Dialogue (HLD) in New York from 3 to 4 October 2013, the UN General Assembly brought civilsociety leaders and networks from around the world to New York on 15 July to present their experience and recommendationsto governments in interactive hearings. The hearings focused particularly on the key issues of civil society’s 5-yearagenda: migrant labour and mobility, migrant rights and protection, human development and diaspora action and migrationgovernance and partnerships. You can view photos and videos with speeches of the interactive hearing.For more information on the High Level Dialogue andcivil society engagement, clickhere .

National Developments

  • DENMARK/ Homeless West Africans caught inlimbo

    According to recent surveys carried out by the Christian relief organisation Danchurchsocial and the municipalorganisation for homelessness (Projekt Udenfor), there has been a rise in undocumented migrants from West Africa livingon the streets of Copenhagen. In 2009 just 4% of the homeless who came to Danchurchsocial’s shelters were WestAfricans, now they make up 53%. About 80% of these are in search of work and they are deemed very resourceful, but theirhomelessness results in social immobility. The head of Copenhagen’s social committee Mikkel Warning has called foraction. Under existing law municipalities cannot support shelters for the foreign homeless. Essentially, this issue canonly be addressed by the government who in Mikkel Warning’s words takes a dismissive standpoint towards the improvementof conditions for these migrants, regardless of which party is in power.
    Source: Dagbladet Information, 12 August 2013 ; Dagbladet Politiken, 30 July 2013

  • GERMANY/ Federal state of Thuringia changesresidence obligation

    After an evaluation of restrictions of the freedom of movement in the federal state of Thuringia in spring this year,the Residence Obligation (Residenzpflicht) was relaxed. Asylum seekers and migrants suspended from deportation (Duldung)can now move freely within the territory of the federal state. The extension of the freedom of movement followed a largescale campaign by the Refugee Council of Thuringia (Flüchtlingsrat Thüringen) and other groups and individuals whoconsidered the restriction of the freedom of movement to certain districts as inhumane. The change of law was supportedby the left party, the social democrats and the green party. The German regulation which allows penalisation of refugeesand migrants suspended from deportation is a unique policy in the EU. After the change of law in Thuringia, Bavaria andSaxony remain the only two German federal states which still maintain such restrictive residence obligations. All otherfederal states have extended the freedom of movement to at least the borders of the respective federal state. But the lawto restrict the freedom of movement to certain regions and districts remains enshrined in federal law in Germany.
    Source: Flüchtlingsrat Thüringen,edition 55, June 2013

  • NETHERLANDS/ Iraq no longer accepts forced removalsfrom the Netherlands

    The Dutch State Secretary for Security and Justice, Fred Teeven, discussed the forced removal to Iraq of migrantswhose asylum application was refused on his visit to the country. A recent Dutch documentary on the forced removal ofasylum seeking children titled ’Uitgezet’ (Deported) shows among other things the life of a family deported in 2011,apparently one of the last families forcibly returned to Iraq by the Netherlands. Many of the Iraqis, who are living intents and in former churches in the Netherlands, can't be deported without Iraq's help because they don'thave the proper paperwork. Iraq officials have said that too many citizens are returning to be taken care of and to findjobs for. Last year 65,000 families returned to Iraq and Iraqi authorities say they cannot cope with supporting all thefamilies from around the world returning to the country. The Minster for Migration in Iraq, argued in ‘Uitgezet’ thatmany people suffer from psychological problems upon return to Iraq after spending many years in the Netherlands.
    Sources: NOS, 10 July 2013; UPI, 10 July 2013

  • REPORT / Migration in Croatia andMacedonia

    A new report from Jesuit Refugee Services (JRS) entitled ‘From back door to front door: Forced migrationroutes through Macedonia to Croatia’ released on 29 July 2013, explores the experiences of migrants in Macedonia andCroatia in an attempt to identify the challenges faced by migrants and the strength of both regions’ immigrationsystems. The report illustrates that both countries tend to be countries of transit rather than destination with a risein migrants transiting the region to reach EU countries to claim asylum. In light of Croatia’s recent accession to theEU the number of migrants is expected to continue to rise. But according to the JRS report, the asylum system in Croatiais already operating at the limit of its capacity. It cites UNHCR data that since 2004, only 80 people have been grantedprotection in Croatia and around 85% of undocumented migrants who lodge asylum applications leave before the process isresolved. Under the Dublin Regulation, however, many of those who leave during the procedure will be returned to Croatia.The challenge then is to build Croatia’s migration management in order to prevent its asylum system from collapsing.The report makes a number of key recommendations including proper implementation of EU asylum rules in Croatia, improvedprocessing capacities and standard of care, and the continued positive Croatian policy of engaging in dialogue andcooperation with civil society organisations.

  • RUSSIA/ Makeshift camps with more than 1,000irregular migrants

    After police round-ups, thousands of irregular migrants, mostly from Vietnam, have been detained in makeshift camps inRussia. According to the local police, 612 labour migrants are being kept in a tent camp for allegedly violatingmigration rules. It is expected that they will be deported. According to news sources, a total of 2,400 people weredetained by Moscow police within a week and makeshift camps hold more than 1,000 people. In many cases, employersconfiscated their passports which make the procedures longer and their stay in detention indefinite. Human rightsactivists urged to investigate cases of trafficking and forced labor instead of only persecuting the migrants forirregular stay.
    Source:Ria Novosti, 4 August 2013;Al Jazeera, 15 August 2013

  • UK /Migrant ‘Go Home’campaign

    The UK Home Office launched a ‘go home or face arrest’ campaign with the aim of encouraging voluntary departure ofundocumented migrants. The campaign is set to send out a hard-line message to undocumented migrants and consists ofbillboards and advertising vans that will drive around several London boroughs. The campaign has been criticised by,among others, the deputy Prime Minister, Nick Clegg, for misleading ads displayed on billboards. A large-print claim of’106 arrests last week in your area’ on the billboards is followed by an asterisk referring viewers to afootnote too small to be read when the van is moving, indicating the week in question and a large number of boroughswhich are not usually referred to as ‘one area’ including direct arrests at airports of new arrivals. This latestdevelopment follows the Home Office’s controversial twittercampaign and recent restrictive legislative measures to curb irregular immigration. (See PICUM newsletters here and here)
    Sources: The New Statesman , 22 July 2013; The Guardian , 31 July 2013

  • UK /Opposed solutions to growing number ofundocumented migrants in the UK

    A proposed amnesty scheme for the estimated 570,000 undocumented migrants living in the UK has been firmly rejected byPrime Minister David Cameron. The suggestion, from British MP Nadhim Zahawi, was based on prospects of both financial andpolitical gains with the hope of winning over ethnic minority voters, particularly as Zahawi expressed concern that partymembers could not ‘claim to be the Conservative and Unionist Party if large numbers of non-white Britons continue tobelieve we aren’t capable of representing them’. The idea was expressly opposed by Cameron and many others, but thereis continuing concern over the government’s approach to the growing issue of irregular immigration. This is also inlight of the upcoming immigrant bond pilot scheme, whereby visitors from certain African and Asian countries will berequired to pay a fee of £3,000 which is refunded if they leave the country before their visa runs out. One aim behindthis project is to deter migrants from overstaying their visa but it remains controversial and has attractedinternational criticism for targeting certain countries.
    Source: The Huffington Post, 3 July 2013

  • US /Concerns on immigration reformbill

    Compromises made in an effort to strengthen support for the US immigration reform bill have given rise to severalconcerns amongst pro-immigration reform groups. The commitment to allocate up to $40 billion to enforcement measures overthe next decade has particularly weakened support amongst groups which formerly were regarded as reliable backers of thenew legislation. The proposed provisions, the toughest in the history of border control, have led to fear of increaseddeaths at the US-Mexico border and critics have accused the Democratic Party of giving up on a balanced compromise onreform in order to move the bill forward.
    Source: The New York Times ; No More Deaths , 30 July 2013

  • US /International Migrants Bill ofRights

    Starting in 2008, Georgetown University Law School students developed the initiative ‘International Migrants Bill ofRights’ (IMBR) which, for the first time, compiles a single legal framework to protect the rights of all internationalmigrants. The IMBR has drawn from various sources of international law so as to provide migrants and advocates with acomprehensive tool for guaranteeing migrants’ rights and also can be utilised by countries to better comply withexisting international law. A handbook listing the 23 articles can be found here.

Health Care

  • GERMANY/ Man on hunger strike directly deportedfrom hospital

    A man from Georgia who had entered Germany irregularly was deported directly from a hospital in the city ofEisenhüttenstadt to Georgia. After his application for asylum was rejected by the Federal Authority for Migration andRefugees he went on a hunger strike to protest against detention and deportation practices and was treated in thehospital. After a physician assessed that he could be released, he was immediately deported although he had allegedlystarted not to eat again and was only drinking liquids. Supporters of refugees and migrants in the region protestedagainst the deportation.
    Source: Deutsche Presse Agentur ,26 July 2013

  • ITALY/ Children of undocumented migrants haveno access to pediatricians

    The Lombardy Regional Council rejected a motion on 7 July 2013 which would have extended basic pediatric care tochildren of undocumented migrants (see PICUMBulletin 22 January 2013 ). The motionwas in line with the agreement of the Italian State-RegionsPermanent Conference of December 2012 that aims to harmonise the norms that currently regulate access to health carefor undocumented migrants in Italy. Other Italian regions such as Lazio, Apulia, Calabria, Campania and the autonomicprovince of Trento voted in favour of the motion. According to PICUM Member ASGI, Associazione Studi Giuridice sull’Immigrazione, the rejection of the motion by the Lombardy region violates the fundamental rights of vulnerableindividuals, is in breach of both international and national obligations and is at odds with the agreement adopted by theItalian State-Regions Permanent Conference in December 2012.
    Source: Corriere Immigrazione, 7 July 2013

  • PUBLICATION / Mexican migrant workers

    The lifestyle and perception of Mexican fieldworkers is examined in Seth Holmes’s new book ‘Fresh Fruit, BrokenBodies: Migrant Farmworkers in the United States’. Holmes, a physician and anthropologist, spent five years working inthe area of migrant workers, including 18 months living and migrating full time with indigenous Mexican migrants. Thefinal product of his work focuses on the health problems and daily struggles of migrant workers, which have becomeaccepted as the norm in society including among migrants.
    Source: Berkeley HealthOnline , 20 June 2013

  • SPAIN/ More than 870 000 undocumented migrantshave no access to health care

    Amnesty International denounced on 4 July 2013 that 873,000 undocumented migrants in Spain do not currently hold ahealth insurance card, as a consequence of the recent amendments within the Spanish health care system. AmnestyInternational stressed that undocumented migrants’ access to health care services has now become more difficult or evenimpossible and that the recent reform puts undocumented migrants’ lives at risk. The director of Amnesty InternationalSpain, Mr Esteban Beltrán, defined the reform as “discriminatory” and “regressive”. He also called for themodification of the Royal Decree-Act (see PICUMBulletin – 29 May 2012 ) that restrictsaccess to health care for undocumented migrants. Mr Beltrán added that the key problem is that the Spanish constitutiondoes not yet consider health care and housing as fundamental rights.
    Source: El Mundo, 4 July 2013

  • UK /Medical justice report on pregnant womenin detention

    The British based charity, Medical Justice, recently released ‘Expecting Change: The Case for Ending the ImmigrationDetention of Pregnant Women’, a report whichanalyses the history, policy and legislation of immigration detention of pregnant women. The report expresses concernabout inefficiencies and inadequate care for pregnant women in detention centres which can carry risks for the health ofpregnant women and unborn children. According to the report, in 2011 there were 93 pregnant women detained in theYarl’s Wood detention centre. However the Home Office does not have a record of how many pregnant women are detained,which raises questions about how effectively the policy of only detaining pregnant women in very exceptionalcircumstances is implemented. Medical Justice, along with many other organisations, calls on the British government toend the practice of detaining pregnant women.
    Source: Medical Justice, 20 June 2013

Labour and Fair Working Conditions

  • GREECE/ Undocumented migrant workers claim forfair working conditions after Greek ‘bloody strawberry’ shootings

    A few months after the shooting of 35 Bangladeshi migrant workers during a dispute over unpaid wages on a strawberryplantation in Manolada, Greece in April (See PICUM Bulletin, 17 May 2013), the poor workingand living conditions of migrant farm workers remain the same. The 150 migrant workers who were shot at, most of whom areundocumented, demand a residence permit as a way to stop the abuses they suffer on a daily basis. The Greek governmentgranted a temporary residency permit only to the 35 injured migrants. However, the Greek Council for Refugees (GCF) isdemanding a residence permit for all the 150 migrant workers, as well as recognition that the crime was raciallymotivated. Attacks on migrants are becoming increasingly frequent in Greece. The owner of the field is under arrest alongwith the three men who shot at the group. According to Greek media, the All-Workers Militant Front (PAME) and theAmaliada Labour Center, among others, demanded punishment for criminal employers through filing a complaint with thecountry’s Supreme Court. The EU Employers’ Sanctions Directive which all member states must have transposed, allowsirregular migrants to demand six months of back pay.
    Source: ElPaís, 30 June 2013; Newsbeast, 23 July 2013

Undocumented Women

  • TRAFFICKING / New guide on the experience of womenvictims of trafficking

    Border Women (Mujer Frontera), a network of migrant women, many of whom have been victims of trafficking, released anew guide on trafficking. The guide, available in English, French and Spanish, gives advice to victims, identifies theexisting support mechanisms, analyses the main policy instruments and summarising the experience of the women themselves.The guide was written by trafficking survivors in the United States and Spain, and is aimed at policymakers and socialand institutional agents concerned with preventing and combating trafficking.
    Source: Mujer Frontera, June 2013.

Undocumented Children and Their Families

  • EU /New ruling of member stateresponsibility for the asylum application of unaccompanied minors

    The Court of Justice of the European Union in Luxembourg announced a new decision in respect to the Dublin IIregulation on 6 June 2013. If an unaccompanied minor has lodged an application for asylum in a member state and thenmoves to another member state and lodges another application for asylum, the member state responsible for examining itwill be that in which the minor is present. However, the Court noted that this does not mean that a minor whoseapplication has been substantively rejected in one member state can move to another member state and compel that secondmember state to examine an identical application. The decision follows the requirement that all actions taken byauthorities in relation to children should always be in the child’s best interest which means that transfer to othermember states should be avoided.
    Source:Pressrelease Court of Justice of the European Union , 6 June 2013

  • NORWAY/ Temporary halt on deportations ofunaccompanied child asylum seekers

    Norway has temporarily suspended its procedure of returning unaccompanied asylum seeking children to the firstEuropean country where they applied for asylum. The decision to amend the practice, which has been in place since 2008,follows the ruling from the European Court of Justice ruling that defined the return practice as illegal.
    Source: The Foreigner, 18 July 2013