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EDITORIAL Welcome to the Council of Europe Migration Newsletter. The Newsletter provides you with a glance at a wide range of Council of Europe activities on migration, asylum, internal displacement and integration. As Europe continues to face its most serious refugee and migration crisis in recent history, the need for a sound and consistent human rights approach has become ever more urgent. More than 3.700 people lost their lives in the Mediterranean in 2015. So far the numbers exceed 700 in 2016. The deaths continue and so do the all too many instances of precarious reception conditions, arbitrary detention, exploitation and excessive use of force against innocent people in need. One of the ways in which the Council of Europe has stepped up its efforts in the field, is the Secretary General´s appointment earlier this year of a Special Representative on migration and refugees, Ambassador Tomas Boček. Pursuing effective avenues for disseminating pertinent information on Council of Europe work on migration will be among the many tasks of the Special Representative and his new team, be it through a continued monthly newsletter or other means. I thank you, our loyal readers, for the warm reception and positive feedback you have shared with us since the Newsletter first started exactly three years ago. I hope you continue following closely the work of the Council of Europe. As Europe’s moral values and legal principles are put to the test, the Council of Europe will continue to offer its wealth of standards, guidance and support in upholding human rights of migrants, asylum seekers and refugees.
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Strasbourg, 31 March 2016 "Despite some progress made in immigration law and policy, Cyprus’ asylum system still suffers from a number of shortcomings that need to be urgently redressed," the Commissioner for Human Rights of the Council of Europe, Nils Muižnieks, said today while releasing a report based on his visit to Cyprus carried out from 7 to 11 December 2015. The report focuses, in particular, on the human rights of asylum seekers, refugees and immigrants. While welcoming some positive developments, such as the increase of refugee status recognition rates and the end of the practice of detaining Syrian asylum seekers, the Commissioner recommended remedying the long-standing problems of the asylum system, including lengthy procedures, limited access to legal aid and the risk of deportation before the final determination of asylum claims. Concerns remain about the widespread use of lengthy detention of failed asylum seekers and of other migrants and the practice of re-arresting and re-detaining them. "Cyprus must end the practice of detaining migrants, including asylum seekers, for whom there is no reasonable prospect of deportation," Nils Muižnieks said. He also called on Cyprus to improve the identification procedure of particularly vulnerable migrants, such as unaccompanied children, adopt a multidisciplinary approach to determine the age of migrants, ease family reunification rules and improve the reception system for asylum seekers with families and children. […]
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Strasbourg, 31 March 2016 The case of "I.A.A. and Others v. the United Kingdom" (application no. 25960/13) concerned the complaint by five Somali nationals about the UK authorities’ refusal to grant them entry into the United Kingdom to be reunited with their mother. The applicants’ mother had joined her second husband in the UK in 2004 and the applicants were left in the care of their mother’s sister in Somalia. They moved in 2006 to Ethiopia where the applicants have been living ever since. The European Court of Human Rights unanimously declared the application inadmissible and the decision is final. The Court concluded that, in refusing the application to join their mother, the national courts had struck a fair balance between the applicants’ interest in developing a family life in the UK and the State’s interest in controlling immigration. While the applicants’ situation was certainly unenviable, they were no longer young children (they are currently 21, 20, 19, 14 and 13) and had grown up in the cultural and linguistic environment of their country of origin before living together as a family unit in Ethiopia for the last nine years. Indeed, they had never been to the UK and had not lived together with their mother for more than 11 years. Concerning the applicants’ mother, who had apparently made a conscious decision to leave her children in Somalia in order to join her new husband in the UK, there was no evidence to suggest that there would be any insurmountable obstacles to her relocating either to Ethiopia or to Somalia. […]
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Strasbourg, 30 March 1 April 2016 The Language Policy Unit of the Council of Europe organised a symposium on "The linguistic integration of adult migrants: lessons from research" in Strasbourg from 30 March to 1 April 2016 (cf. programme and book of abstracts). The aim of the event was to consider to what extent and in what ways scientific evidence can inform the development of policy and practice designed to support the linguistic integration of adult migrants. The symposium brought together researchers from various disciplines – education, didactics, psychology, applied linguistics, sociolinguistics, etc. – as a first step towards developing an interdisciplinary inventory of research findings that relevant ministries in Council of Europe Member States can use to inform their decisions concerning the linguistic integration of adult migrants. […]
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Strasbourg, 30 March 2016 "I welcome the decision of the City of Paris to join the network of European cities which believe that diversity is an asset for local economic, social and cultural development. Creating a city that is open to everyone is an essential step towards a more inclusive society," said the Secretary General of the Council of Europe, Thorbjørn Jagland. Ninety-five cities, including Barcelona, Berlin, Copenhagen, Dublin, Geneva, Lisbon, London, Milan, Oslo, Turin and Lyon are members of the Intercultural Cities programme, which was launched in 2008. The programme provides local authorities with a methodology to help them implement ground-breaking intercultural integration policies as well as analysis and evaluation tools. […]
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Strasbourg, 24 March 2016 The case of "Sakir v. Greece" (application no. 48475/09) concerned an assault against Rafi Sakir, an Afghan national, in 2009 in the centre of Athens which led to his hospitalisation, and also the conditions in which he was detained in a police station after his release from hospital. The applicant alleged that the national authorities had failed to meet their obligation to conduct an effective investigation following the assault against him. He also complained about the conditions of his detention in the Aghios Panteleïmon police station and of shortcomings in his medical treatment. Lastly, he considered that an effective remedy was not made available which would have enabled him to complain about his conditions of detention. In today’s Chamber judgment, which is not final, the European Court of Human Rights held, unanimously, that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) and a violation of Article 13 (right to an effective remedy) of the European Convention on Human Rights with regard to Mr Sakir’s conditions of detention in in the Aghios Panteleïmon police station in Athens, and a violation of Article 3 with regard to the conduct of the investigation carried out following the assault. The Court found in particular that the police had not sought to ascertain from the hospital whether Mr Sakir’s state of health allowed him to be placed in detention. It noted that, in spite of specific instructions from his doctors, there had been shortcomings in the manner in which his medical condition and state of vulnerability were taken into account. The Court also found a violation of Article 13 of the Convention on account of the lack of an effective remedy to complain about the conditions of detention. Furthermore, the Court noted shortcomings in the investigation conducted following the assault, with regard to the gathering of evidence and the questioning of witnesses. In particular, it queried the authorities’ failure to shed light on whether or not A.S.’s statement was truthful and on the circumstances surrounding his statements. Finally, it noted that the authorities had failed to assess the case in the particular context of the racist incidents which frequently occurred in Athens. […]
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Strasbourg, 24 March 2016 The case of "Sharma v. Latvia" (application no. 28026/05) concerned the expulsion from Latvia to India of Pradeep Sharma, an Indian national. Mr Sharma alleged in particular that his expulsion had been carried out in violation of Article 1 of Protocol no. 7 (procedural safeguards relating to expulsion of aliens) to the European Convention on Human Rights. Relying further on Article 5 § 2 (right to be informed promptly of the reasons for arrest) of the Convention, he complained that he had not been informed promptly of the reasons for his arrest in June 2005. Finally, he relied on Article 5 § 4 (right to have lawfulness of detention decided speedily by a court), complaining that he had been unable to have the lawfulness of his arrest reviewed by a court. The European Court of Human Rights held that there has been a violation of Article 1 of Protocol no. 7 to the Convention and a violation of Article 5 § 4 , but no violation of Article 5 § 2. […]
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Strasbourg, 23 March 2016 "The arrival of almost a million asylum seekers in Europe in 2015 has attracted constant media attention. But Europe, too, has its displaced persons who are less visible, as it were, and whose numbers are estimated at over 3 million," explained Gert Westerveen, representative of the Office of the United Nations High Commissioner for Refugees to the Council of Europe, speaking in a debate held by the Congress of Local and Regional Authorities of the Council of Europe on 23 March 2016. Mr Westerveen emphasised the specific difficulties faced by these persons, who have no legal status as refugees even though that is effectively what they are. "The Office of the United Nations High Commissioner for Refugees hopes that the Congress will help to mobilise local authorities which are in the front line when it comes to providing assistance," he concluded (cf. speech). The Executive Director of the Association of Polish Cities, Andrzej Porawski, outlined the situation in Ukraine which, "despite having 1.6 million displaced persons, is not receiving sufficient support from the EU compared to that given to Turkey to enable it to host Syrian refugees." He also underlined "the centralisation of aid provided by the state which is not delegated to local communities, even though they are the ones directly affected by the situation" (cf. presentation). […]
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Strasbourg, 23 March 2016 Human trafficking, which in the words of Anders Knape (Sweden, EPP/CCE), President of the Chamber of Local Authorities, has become a "global and rapidly expanding epidemic," takes many forms, ranging from forced labour and prostitution to the sale of children and organs. While states are taking action to try to put an end to these crimes, local and regional authorities also have a prime role to play, particularly as they have numerous means at their disposal to detect and prevent trafficking in their territories.
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Strasbourg, 23 March 2016 The case of "F.G. v. Sweden" (application no. 43611/11) concerned the refusal of asylum to an Iranian national converted to Christianity in Sweden. The applicant, F.G., notably alleged that, if expelled to Iran, he would be at a real risk of being persecuted and punished or sentenced to death owing to his political past in the country and his conversion from Islam to Christianity. In today’s Grand Chamber judgment, which is final, the European Court of Human Rights held, unanimously, that there would be no violation of Article 2 (right to life) and Article 3 (prohibition of torture and of inhuman or degrading treatment) of the European Convention on Human Rights, on account of F.G.’s political past in Iran, if he were deported to his country of origin, but that there would be a violation of Articles 2 and 3 of the Convention if F.G. were to be returned to Iran without a fresh and up-to-date assessment being made by the Swedish authorities of the consequences of his religious conversion. The Court pointed out that the case involved important issues concerning the duties to be observed by the parties in asylum proceedings. The Court considered that there was no evidence to support the allegation that the national authorities, in their decisions refusing asylum, had been wrong to come to the conclusion that F.G. had been a low-profile activist or political opponent and was not therefore in need of protection in Sweden. Indeed, they had taken into account F.G.’s political activities against the Iranian regime, as well as the fact that he had been arrested on a number of occasions and summoned before the Iranian courts. Nor could the Court conclude that the asylum proceedings had in any way been inadequate as far as its assessment of F.G.’s political activities was concerned. However, regarding F.G.’s conversion to Christianity, the Swedish authorities had so far never made an assessment of the risks that F.G. could encounter upon returning to Iran. Regardless of F.G.’s conduct (namely, the fact that he declined to invoke his conversion as an asylum ground in the original proceedings), the Court considered that the Swedish authorities would now be under an obligation – given the absolute nature of Articles 2 and 3 of the Convention – to make a fresh assessment, of their own motion, of all the information brought to their attention before taking a decision on his removal. […]
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Strasbourg, 22 March 2016 The Commissioner for Human Rights of the Council of Europe, Nils Muižnieks, today published a memorandum addressed to the UK Immigration Minister, James Brokenshire, in which he commended the UK’s efforts in providing resettlement to Syrian refugees and welcomed the announcement of the new initiative for the resettlement of unaccompanied children in need of protection. According to the Commissioner, resettlement is one of the best policy options that may be used by all European states in order to put an end to migrants’ inhuman exploitation by smugglers and to the dangerous, deadly crossings of the Mediterranean. In addition, the Commissioner expressed a number of concerns regarding a trend of restrictive immigration policy and law which adversely affects the human rights of refugees and migrants. More particularly, Nils Muižnieks addressed the criminalisation of migration, the lengthy detention of migrants, the access of migrants’ to adequate housing under the "Right to Rent" scheme and their right to family reunification. Finally, Nils Muižnieks, expressed his serious concerns about the long-standing plight and precarious situation of the 67 refugees and asylum seekers who have been in the UK Sovereign Base Areas on Cyprus since 1998. In his concluding remarks, the Commissioner made a series of recommendations with regard to the above mentioned issues. […]
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Tbilisi, 22 March 2016 By adopting a draft resolution on a stronger European response to the Syrian refugee crisis, based on the report by Annette Groth, (Germany, UEL), the Committee pointed out that Jordan, Lebanon and Turkey are under "extreme social, political and economic strain." From the refugees’ perspective, the problems are numerous: uncertain legal status, lack of decent housing, food shortages, lack of work permits, etc. From the host communities’ perspective, problems include rent increases, higher food prices and competition in the labour market. In the circumstances, it is not surprising that many Syrian refugees "are turning to Europe, attracted by its reputation for respecting human rights and the rule of law and its far greater prosperity," said the parliamentarians. The draft resolution emphasised that the Syrian refugee crisis is the responsibility "not only of neighbouring states and of Europe but of the international community as a whole." It called upon other states, including in the Middle East region, to take a similar approach based on providing financial aid and humanitarian pathways for admission of Syrian refugees.
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Tbilisi, 22 March 2016 Adopting a draft resolution based on the report by Tineke Strik (Netherlands, SOC), the Committee underlined "the need for collective action and equitable sharing of responsibility," with full respect for the human rights of refugees and migrants and the basic principles of international and European law. The adopted text called on the "the former Yugoslav Republic of Macedonia," Serbia, Croatia, Slovenia, Greece and Austria to ensure compliance with the principle of non-refoulement at their borders of asylum seekers claiming international protection, to refrain from implementing policies that deny access to protection on discriminatory grounds of nationality and to ensure that police and security forces implement border control without recourse to excessive force. For its part, the European Union (EU) should ensure that human rights are given priority and that relevant EU law is implemented in full by all Member States, in particular the reception conditions, asylum procedures and refugee status qualification directives. The Dublin system should also be reformed with a view to a more equitable sharing of responsibility. In presenting her report to the Committee, the rapporteur said that she intended to monitor the situation, particularly in the light of the recent agreement between the EU and Turkey, in order to ensure that the Assembly was kept up-to-date with the latest developments in the debate during the April session. […]
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Tbilisi, 22 March 2016 In the light of the growing number of acts of violence against migrants in Europe, the Committee on Migration, Refugees and Displaced Persons of the Parliamentary Assembly of the Council of Europe (PACE) today proposed a package of legislative, victim support and preventive measures, on the ground that these groups should get special protection from the receiving countries. The report by Andrea Rigoni (Italy, ALDE), approved by the Committee, examines the ways in which migrants can be subjected to violence and its various forms, such as physical violence, trafficking, violence in immigration detention centres, exploitation in the labour market, hate crimes and violence against LGBT migrants. Parliamentarians are very concerned about women and child migrants, who are particularly vulnerable to different forms of violence and abuse, including sexual violence, especially in detention centres. In his report, Mr Rigoni also provided examples of violence against migrants in certain Council of Europe Member States, including France, Germany, Greece, Italy, the Russian Federation and Turkey. The Committee highlighted the need for perpetrators of violence against migrants to be prosecuted. Governments must amend their legislation to ensure that irregular migration is not considered a criminal offence. Lastly, employers who commit violent or illegal acts against migrants, including failure to pay wages or unlawful dismissal, should also be punished, concluded the Committee. […]
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Strasbourg, 21 March 2016 Laying out the ways in which the deal must effectively comply with human rights law, the Commissioner emphasized first of all that the deal and its legal safeguards must not only apply to Syrians but to all people reaching Greece or any other EU country. "Secondly," Commissioner Muižnieks stated, "the EU and its Member States have to provide urgent help to Greece, whose dysfunctional asylum system has led to violations of migrants’ human rights, in particular as regards reception conditions and access to asylum." Highlighting the need for such help to take the form of both financial and human resources, the Commissioner also emphasised the need to strengthen relocation of refugees within the EU. He urged both Greece and Turkey to limit the use of detention of migrants only to exceptional cases. "It is also crucial that Turkey applies legal and procedural safeguards to all migrants – not only Syrians – who return from Greece. This includes the prohibition of refoulement and collective returns." According to the Commissioner, there is an urgent need to increase legal and safe opportunities for refugees to seek protection in Europe, such as through greater resettlement opportunities, eased humanitarian visas and family reunification rules. "Moreover, laws that ensure a humane approach to the needs of migrants should replace provisions that criminalise those who enter and remain by irregular means. EU search-and-rescue operations in the Mediterranean should also be strengthened." Reminding political leaders and opinion makers of their duties to uphold the principles of tolerance, acceptance and solidarity, the Commissioner stated how protecting refugees is both a moral and legal obligation. "It is not an easy task, but nor is it impossible. The EU-Turkey agreement may be part of the solution but European countries must do more to protect those who flee wars and persecution," Nils Muižnieks concluded. […]
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Strasbourg, 21 March 2016 On the International Day for the Elimination of Racial Discrimination, the heads of Europe’s main intergovernmental human rights institutions call for a strong response to xenophobic attacks against migrants, asylum seekers and refugees, and call on governments and state authorities to uphold their international obligations in this regard. "As Europe confronts the greatest migrant crisis since the Second World War, the elimination of racial discrimination is a priority like never before," said FRA Director Michael O’Flaherty. "Our continent needs to eradicate every vestige of exclusion and marginalization of the outsider if it is to rise to the challenge." Moreover, ECRI’s Chair, Christian Ahlund reminded that "past experience has shown that democracy can be undermined and swept aside where calls to deny the right to equality and dignity of the most vulnerable are listened to and acted upon. Therefore, discouraging and preventing hate speech through demonstrating the danger that it poses and through counter-speech is of the utmost importance." Also, the director of the OSCE/ODIHR, Michael Link, reiterated the "duty to condemn hate crimes and all other manifestations of racism and xenophobia, [to] respond swiftly and effectively to intolerant behaviour, and to counter hate speech in the messages we deliver." Finally, the heads of all three organisations called for greater efforts at the international, national and local levels to combat racism and discrimination, and pledge to continue their cooperation to maximise endeavours in this regard. […]
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Strasbourg, 21 March 2016 On the occasion of the International Day for the Elimination of Racial Discrimination, the Committee on Equality and Non-Discrimination of the Parliamentary Assembly of the Council of Europe (PACE) adopted the following statement: "While significant progress has been achieved globally in combating racial discrimination in the last decades, the fight is far from won. On the contrary, there are clear indications that these phenomena are on the rise in Europe. Anti-Semitism, Islamophobia, Anti-Gypsyism, xenophobia and intolerance towards migrants and refugees are widespread. The unrest caused by the difficult economic climate of the last few years and the migrant and refugee crisis is not the only factor aggravating the situation: some activists, political leaders and media are spreading irrational fears and surfing on intolerance in order to gain support." The Committee renewed its commitment against all forms of racism and reiterates that parliamentarians and other politicians should: 1) abstain from stigmatising individuals or groups of people on grounds of their ethnic origin or cultural traits, and from using xenophobic language. They should also react when public figures indulge in such behaviour; 2) refer to accurate data and information concerning migrants, refugees and foreigners; 3) counter all forms of institutional racism, whether in dealing with exceptional situations such as the refugee crisis, or in ordinary administrative matters concerning citizens and foreigners. […]
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Strasbourg, 21 March 2016 Hate speech is based on the unjustified assumption that a person or a group of persons are superior to others; it incites acts of violence or discrimination, thus undermining respect for minority groups and damaging social cohesion. This is why governments must resolutely and urgently react to hate speech, ECRI says. "Politicians, religious and community leaders have a crucial role to play – not only should they avoid using hate speech in public discourse, but they should also pro-actively counter it in their public statements," said ECRI’s Chair Christian Ahlund. "States should also provide practical support to those targeted by hate speech: they should be made aware of their rights, receive legal and psychological assistance, be encouraged to report the use of hate speech and to bring proceedings to court, with the assistance of equality bodies and non-governmental organisations," he concluded. […]
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Turin, 18 March 2016 Addressing the Interparliamentary Conference on the European Social Charter in Turin, the President of the Italian delegation to the Parliamentary Assembly of the Council of Europe (PACE), Michele Nicoletti (Italy, SOC), warned that internal fears and divisions are the real danger today, not external threats. "We need a deep and profound unity. Freedom is our real strength, dignity our best achievement. It was the Council of Europe that created a common European home. It therefore bears a historical responsibility to safeguard this unity. It has to be an instrument of peace and justice, and social rights must be at its heart," he said. "Each and every Member State is responsible for the human rights of each and every individual in its territory and it doesn't matter how the individual came to be there. We have to defend the unity and indivisibility of human rights, including social rights as well as sound procedures to protect them," he concluded, stressing the importance of the collective complaint procedure. "Migration is not a new challenge, but public anxiety is now at a high," stressed the Deputy Secretary General of the Council of Europe, Gabriella Battaini. "And while, today, the migration debate might be dominated by questions of quotas and borders, tomorrow it will be about whether or not there are enough jobs to go around; or school places; housing; access to healthcare and social security. Populists and xenophobes are in their element: telling citizens that newcomers will take their jobs and their homes, stirring up resentment and jealousy towards foreigners. It is therefore more important than ever that we, by contrast, pursue the policies and approaches that will help our societies hang together," she concluded. […]
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Paris, 18 March 2016 Given the demographic changes of recent years, there is a need for Paris school infrastructure to be modernised, while also fostering the inclusion of persons with disabilities through improved accessibility. Moreover, as Paris is confronted with unprecedented levels of migration, it is important to support the integration of migrant and refugee children into society. CEB financing will help to improve educational standards, particularly in areas with the greatest social difficulties. More specifically, the funds will be used for the construction of new schools and the renovation of existing premises, with emphasis on enhancing energy efficiency. Furthermore, CEB funds will finance emergency reception facilities and will also be used for welfare centres and the provision of French language courses, with the aim of facilitating the long-term integration of migrants and refugees. […]
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Strasbourg, 17 March 2016 "It is extremely important that every application for asylum should be treated individually and there should be no question of "blanket" returns or refoulement, in line with the case law of the European Court of Human Rights," he said. "I welcome the fact that this was clarified by Commission First Vice-President Frans Timmermans yesterday." "I hope that these principles will prevail during the negotiations starting in Brussels today," the Secretary General concluded. […]
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Strasbourg, 17 March 2016 During its visit, the CPT’s delegation visited for the first time the reception centre for foreigners of Gazi Baba in Skopje, where foreign nationals are detained under aliens’ legislation. At this centre, numerous and consistent allegations of ill-treatment of detainees by custodial staff were received, and there were frequent instances of inter-detainee violence. The reception centre was seriously overcrowded and the conditions in which the men, women and children (including 13 unaccompanied minors) were held could be described as amounting to inhuman and degrading treatment. In their response the national authorities recognized that the reception centre was not appropriate for detention purposes and referred to their efforts to find a more suitable location for holding foreigners. They also state that women and children are now held in an open centre. […]
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Strasbourg, 16 March 2016 GRETA expressed particular concern that significant numbers of unaccompanied minors – including child victims of trafficking – go missing shortly after being placed in reception centres, which exposes them to further risks of trafficking and exploitation. GRETA has urged 36 out of 40 European countries evaluated so far to improve the identification of child victims of human trafficking – and the assistance and support is given to them – in line with their legal obligations under the Council of Europe’s anti-trafficking convention. "People attempting to reach Europe are easy prey for traffickers, especially as they often face barriers to getting help," said the President of GRETA, Nicolas Le Coz. "States’ legal obligations of identification and protection are a bulwark against the trafficking and exploitation of human beings and a weapon against traffickers," he added. […]
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Strasbourg, 15 March 2016 A delegation of the European Commission against Racism and Intolerance (ECRI) of the Council of Europe visited Luxembourg from 1 to 4 March 2016 as the first step in the preparation of a monitoring report. During its visit, ECRI’s delegation gathered information on legislation, hate speech, violence and integration policies. The delegation held meetings in Luxembourg with representatives of the parliament, the government, local authorities, international organisations, bodies specialised in combating racism and discrimination and civil society. Following this visit, ECRI will adopt a report to be published in 2017 in which it will make a fresh set of recommendations on measures to be taken by the authorities to address racism, racial discrimination, xenophobia, antisemitism, and intolerance in the country. Among these, two will be revisited in two years’ time as part of an interim follow-up procedure. In its 2011 report, ECRI highlighted, among others, the following concerns: inequalities to the detriment of people with migration backgrounds in the fields of education and employment and gaps in the legislation protecting vulnerable groups, such as the lack of prohibition of discrimination on the grounds of colour, language and nationality in the antidiscrimination law. […]
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Strasbourg, 14 March 2016 "Instead of racking their brains to find a legal fig leaf for measures like collective expulsions, the European Council’s members should have the courage to scrap the deal," the Commissioner added. "They should adopt bold measures at the summit meeting this week that would radically shift the union’s approach to migration." Among the measures Commissioner Muižnieks recommended are a more prominent EU role in finding a political solution to the conflict in Syria, a ramped-up relocation of asylum seekers from Greece and Italy and more legal avenues available to refugees to seek protection in Europe. […]
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Tabanovce, 11 March 2016 "Next to the camp, still on the territory of "the former Yugoslav Republic of Macedonia," almost 400 persons (more than half children) have been camping for several days now, just in front of the Serbian border," the Special Representative reported. "Their extreme living conditions are unacceptable and further aggravated by the adverse weather conditions (for example make-shift tents in a muddy field, no running water)." "It is clear that, if the situation does not change dramatically, there will soon be a humanitarian disaster," Tomáš Boček warned. "To prevent this from happening, the authorities of "the former Yugoslav Republic of Macedonia" should urgently pursue their efforts to alleviate the suffering of this group of persons, who up to now cannot be convinced to abandon their plan to move on. It goes without saying that the authorities of Serbia and "the former Yugoslav Republic of Macedonia" should find an acceptable longer-term solution to these persons’ plight," he added. The day before, the Special Representative had visited Idomeni, in Greece, on the border with "the former Yugoslav Republic of Macedonia," and expressed deep concerns about the catastrophic situation of more than 13 000 people gathered there, of whom more than 8000 are women and children. "I urge Member States to fulfill their legal, political and moral engagements to ensure respect for the human rights guaranteed under the European Convention," the Special Representative said. "The Council of Europe stands ready to provide appropriate assistance to all of them in dealing with the human rights implications of the migration flows they have to manage," he concluded. […]
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Strasbourg, 8-10 March 2016 The Committee of Ministers of the Council of Europe today made public the decisions and resolutions adopted at its 1250rd Special Human Rights meeting (8-10 March 2016) during which it has examined the state of implementation of judgments of the European Court of Human Rights. Several cases were proposed for more detailed examination concerning migration issues: - "Trabelsi v. Belgium" (judgment final on 16/02/2015): Extradition, in 2013, of the applicant from Belgium to the United States, where he risks an irreducible life sentence; Failure to respect the Court’s interim measures indicating that Belgium should not extradite the applicant while the case was still pending. - "M.A. v. Cyprus" (first judgment final on 23/10/2013): Unlawful detention of asylum seekers and lack of effective remedies to challenge the lawfulness of detention and/or deportation. - "Labsi v. Slovakia" (judgment final on 24/09/2012): Expulsion of the applicant to Algeria where he faced a real risk of ill-treatment, and in violation of an interim measure indicated by the European Court under Rule 39 of its Rules, and lack of an effective remedy in this respect. […]
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Strasbourg, 8 March 2016 Nils Muižnieks insisted on the need to follow the recommendations put forward by United Nations High Commissioner for Refugees (UNHCR), United Nations Population Fund (UNFPA) and the Women’s Refugee Commission in this regard, calling for the establishment by states of a coordinated response system within and across borders that protects women and girls. "States and EU agencies need to acknowledge the protection risks and put personnel and procedures in place specifically to prevent, identify, and respond to sexual and gender-based violence," the Commissioner said. "In this regard, particular attention should be paid to female refugees and migrants’ reluctance to report violence or to access services. Reception centres and accommodation facilities need to be safe, accessible and responsive to women and girls. Last but not least, it is crucial to prioritise women, children and survivors’ of sexual and gender-based violence in family reunification procedures, as well as in relocation and resettlement schemes. Doing so would reduce incentives for these women and girls to move on by dangerous irregular means and reduce their exposure to sexual and gender-based violence," he concluded. On 8 March, the Commissioner for Human Rights met the United Nations High Commissioner for Refugees, Filippo Grandi. The two Commissioners jointly stated that "we need more than a humanitarian response from Europe," and called on states to increase legal pathways for the admission of refugees to Europe, so that they do not have to resort to people smugglers and dangerous journeys. These legal pathways include resettlement, humanitarian admission, private sponsorship and refugee-friendly family reunion, as well as student scholarships and mobility schemes. […]
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Strasbourg, 7-11 March 2016
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Strasbourg, 4 March 2016 New forms of transnational organised crime - such as trafficking in human beings, human organs or illicit arms, and smuggling of migrants - together with traditional types of cross-border organised criminality, require co-ordinated action at international level. The Commitee of Ministers of the Council of Europe today adopted an action plan to reinforce the legal framework to fight transnational organised crime in line with fundamental rights, and to improve international police and judicial co-operation at a pan-European level. Transnational organised crime presents sophisticated and multi-faceted threats that cannot be addressed through law enforcement action and criminal justice alone. The plan aims to harmonise Member States’ actions to prevent criminals from benefiting from legal loopholes and the lack of international co-ordination. […]
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Paris, 4 March 2016 Laws on nationality in Cyprus, Norway, Romania and Switzerland "contain insufficient or no safeguards against childhood statelessness, in breach of regional and international obligations," according to a resolution adopted by the Standing Committee of the Parliamentary Assembly of the Council of Europe (PACE), meeting in Paris today. The adopted text lists another 11 Council of Europe Member States which have "conditional safeguards which do not provide full protection against child statelessness." The resolution, based on a report by Manlio di Stefano (Italy, NR), underlines that "in some Council of Europe Member States parents cannot pass on their nationality to their children, and in others the safeguard is dependent on residence requirements which do not comply with international norms." […]
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Strasbourg, 3 March 2016 How to ensure effective implementation of existing Council of Europe standards on freedom of thought, conscience and religion, freedom of expression and freedom of assembly and association in culturally diverse societies? A new text from the Committee of Ministers of the Council of Europe provides timely guidance to Member States, underlining that in democratic societies diversity is regarded as a source of enrichment (cf. guidelines). The recommendation spells out a number of principles to be taken into account by Member States when drafting or amending legislation. For example, it encourages Member States to recognise the need to address "multiple discrimination" which often affects women and the most vulnerable individuals and groups of society, and "reasonable accommodation" ensuring full and equal enjoyment of human rights and fundamental freedoms without discrimination. […]
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Strasbourg, 2 March 2016 Protecting children entering Europe from falling prey to criminals, ending detention of children and improving age assessment procedures are among immediate actions that must be taken by the Council of Europe’s members. Better ensuring the safety and proper treatment of asylum seeking and refugee children is the objective of the letter that the Secretary General of the Council of Europe, Thorbjørn Jagland, sent today to Heads of Government of all 47 States of the Council of Europe, together with a document proposing a set of priority measures. "Providing international protection to children fleeing war, violence and persecution should now be a priority for all European governments," the Secretary General wrote in the letter. Preventing children from falling victim to violence, abuse, exploitation and trafficking must be an absolute priority, Thorbjørn Jagland added. "The refugee crisis is a trafficker’s paradise. Thousands of children are escaping war only to vanish into the underbelly of European societies. It is difficult to imagine a greater moral imperative than keeping these boys and girls safe." The Secretary General’s Special Representative on Migration and Refugees, Tomáš Boček, will shortly be leading fact finding missions to some of the areas which are under most pressure, including Greece and "the former Yugoslav Republic of Macedonia," to get a complete picture and better identify viable courses of action tailored to suit the present needs. […]
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Strasbourg, 2 March 2016 "Italy’s humanitarian corridor which has allowed the arrival of 93 Syrian refugees from camps in Lebanon on 29 February is a good example of what Europe should do to help migrants and address current refugee movements," said today the Commissioner for Human Rights of the Council of Europe, Nils Muižnieks, in a statement published on his Facebook page. "I hope other European countries will follow this example because increasing legal avenues for asylum seekers to seek protection in Europe is one of the most effective measures to spare them perilous routes and to pull the rug from beneath the feet of smugglers, who grow richer when migration restrictions are harsh. Italy’s project is also a promising venture between state and non-state actors which could serve as an effective channel to improve the integration of refugees," he concluded. […]
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Geneva, 1 March 2016 "We do not put the fundamental rights of a minority into the hands of the majority – especially at a time of heightened anxiety and fear," the Secretary General said. "States cannot simply opt in and out of their international obligations as they see fit. A picking-and-choosing mentality towards the rules governments do and do not like is dangerous – because it’s contagious." […] "It is time for timidity to give way to courage. We know from our history that, at times of strife, Europe’s nations are capable of thinking big and moving together. It’s time to prove it again today," Secretary General Jagland concluded. […]
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Strasbourg, 1 March 2016 ECRI is concerned by the increase of hate speech in public discourse, and by the growth of racist, anti-Semitic and islamophobic violence in the country, the report on France says. The Secretary General of the Council of Europe, Thorbjorn Jagland, called upon political leaders to refrain from using language which stigmatises vulnerable groups and increases tensions within the French society. At the same time, ECRI noted such positive developments as institutional improvements in the fight against racism and intolerance, the implementation of an educational programme on citizen and democratic values, and steps to strengthen integration. Hate speech is a matter of concern for ECRI in Georgia, too. The report on Georgia, while noting certain progress achieved by the country on anti-discrimination policies and legislation, says that physical attacks against some religious minorities, such as Muslims, are on the rise; and there is a general homo- and transphobic climate in Georgian society. In its report on Monaco, ECRI commends the efforts to raise awareness of and put an end to hate speech, racism and intolerance in schools and among law enforcement officials. It calls on the country authorities to improve anti-discrimination legislation and facilitate integration of foreigners. In addition to the three country reports, ECRI has also published conclusions on the implementation of specific interim recommendations by Ireland and Liechtenstein. […]
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Strasbourg, 1 March 2016 The case of "Kholmurodov v. Russia" (application no. 58923/14) concerned the imminent removal to Uzbekistan from Russia of Abdukhafiz Kholmurodov, an Uzbek national who currently lives in Moscow. The applicant complained that a return to his country of origin would expose him to inhuman or degrading treatment. He also argued that his complaints about a risk of ill-treatment had not been duly examined by the domestic authorities. Finally, he complained that his detention pending extradition had not been lawful. The European Court of Human Rights held that there would be a violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights in the event of Mr Kholmurodov’s removal to Uzbekistan, and that there has been a violation of Article 13 (right to an effective remedy) taken together with Article 3 and a violation of Article 5 § 1 (right to liberty and security). An interim measure (Rule 39 of the Rules of Court) – not to remove Mr Kholmurodov to Uzbekistan – is still in force until judgment becomes final or until further order. […]
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If you want to read the Migration Newsletter of February 2015, click here
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© Migration and Human Rights - Council of Europe
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