statewatch monitoring the state and civil liberties in the UK and Europe vol 8 no 3 & 4 May - August 1998 EU OFFICIALS VISIT TURKEY TO SET UP CAMPS - the Presidency “had certainly never seen any papers on it” The adoption of the 46 point Action Plan on the influx and others would be repatriated to “their country of origin”. of migrants from Iraq and the neighbouring regions on However, this may not be the only use of the Joint Action. The 26 January was followed by a series of moves which accompanying press release on 27 April made clear the link to emphasised the far-reaching nature of the Plan (see the Action Plan, which talks of returning people to their “region of origin”, by saying that the Joint Action gave “a legal and Statewatch, vol 8 no 1). The Action Plan does not just financial basis to the implementation of the Action Plan on the refer to Iraq, indeed the initiative is primarily influx of migrants from Iraq and the neighbouring region.” concerned with plugging the gaps in the operation of The Action Plan also allows for another element in the existing policies (for example, the Dublin Convention initiative by seeking to “identify safe areas within the region of and Eurodac) and second, and specifically, to deal origin (“internal flights” options)”. It would appear that people with migrants coming through Turkey. On 29 January given temporary protection and asylum seekers from within the no less than seven Council Working Parties were EU could be collected together and sent/“repatriated” to “camps” circulated by the EU Presidency with the “EU action in the “region of origin”. The K4 Committee report on the visit plan” assigning task to each (Asylum, EURODAC, to Turkey spells out what a “region of origin” might be when it Migration, Visa, Europol, CIREA and CIREFI Working refers to migrants in or passing through that country from Iraq, Iran, Egypt, Sri Lanka, Pakistan and Bangladesh. Parties). To effect the Plan a high-level group visited Turkey to discuss the setting in of “camps” with EU help from which UNHCR are to be expressly excluded. EU officials meet with Security Police and Ministers The EU high-level group of officials visiting Istanbul and At the end of April a Joint Action was adopted to provide Ankara included the chair of the K4 Committee, the chair of the finance for the “voluntary repatriation of displaced persons who Migration Working Group, with representatives from the have found temporary protection” in the EU. At the end of May Commission and the General Secretariat of the Council (DG H). the chair of the Justice and Home Affairs Council, Jack Straw for On 9 March in Istanbul the EU group met with Mr Cernal Aydin, the UK Presidency, denied all knowledge of plans being made by Deputy Head of the Security Police in the Istanbul Police EU officials for “camps” in Turkey. Department and Mr Orgun Aksu, head of the foreigner's branch of the Police Department. They said they were aware of “illegal Joint Action immigration by land from the neighbouring region” from the six The Joint Action, adopted on 27 April, refers to the “voluntary named countries (see above). Among their requests was help on repatriation” of: a) “displaced persons who have found the “readmission of third country nationals to Bangladesh and temporary protection” in the EU; b) asylum seekers and c) “the Pakistan”. Council and Commission” have confirmed that it: On 10 March the EU group met officials from the Ministry may be used for the funding of projects to assist the voluntary return of Foreign Affairs and the Ministry of the Interior. Mr Erkan of third-country nationals holding a permanent residence permit in Gozer, Director General for Consular, Legal and Property one of the Member States. Services told them that Turkey was a: The wording of the Joint Action suggests in Article 1.2 migrants transit point given the attraction of the EU to illegal third country IN THIS ISSUE UK: Stop & search & arrest and racism see page 16 Schengen:report shows over 14 million entries see page 27 Statewatch, PO Box 1516, London N16 0EW, UK Tel: (00 44) 0181 802 1882 Fax: (00 44) 0181 880 1727 E-mail: [email protected] © Statewatch ISSN 0961-7280. Material in the bulletin may be used if an acknowledgement is given. C national immigrants seeking asylum for economic purposes. 21 April: The UK Presidency send a “Note” to the K4 Committee It should be noted at this point that nowhere does the document taking into account the discussion on 26-27 March refer to Kurdish people. Turkey, with help from Italy, was going 27 April: General Affairs Council adopted a Joint Action on to create: “financing specific projects in favour of displaced persons who have reception houses where illegal immigrants could be held pending their found temporary protection in the Member States and asylum seekers” removal. The Presidency and the Commission indicated that this could which is “intended to facilitate the voluntary repatriation of displaced be a project where EU expertise and funding might be of benefit. persons who have found temporary protection..” Turkey said they were open to offers of assistance. 28 May: For the UK Presidency Jack Straw, Home Secretary, says he And, has “never seen any papers on it” [the K4 Committee visit to Turkey The Turkish authorities did not see UNHCR involvement in the to set up camps] reception houses as appropriate, since only illegal immigrants would EU Action Plan on the influx of migrants from Iraq and the neighbouring be held there, nor were they happy to see closer cooperation generally region, Limité, 5503/98, 22.1.98; Influx of migrants from Iraq and the on this issue with UNHCR. neighbouring region: EU action plan, Limité, 5593/98, 29.1.98; Influx of They could however “accept a contribution”, possibly by migrants from Iraq and the neighbouring region: report of the meetings held UNHCR in training for Turkish border guards. in Istanbul and Ankara on 9 and 10 March 1998, Limité, 6938/1/98, 21.4.98; The Turkish officials said that the setting up of “reception Adoption in the officials languages of the Communities of Joint Action..., housing” was only one element and that what they needed was Limité, 6691/98, 9.3.98; Joint Action on the basis of Article K.3 of the TEU for the EU to give them advice and help on returning people to concerning the financing of specific projects in favour of displaced persons third countries (and technical equipment). They “were not who have found temporary protection in the Members States and asylum interested in taking the initiative in developing formal seekers, 27.4.98; General Affairs Council, press release, 27.4.98; EU asylum policy - help Turkey to keep people out, Refugee Council, press release, readmission agreements” but “would be content for the EU to 18.5.98. explore readmission agreements with Bangladesh and Pakistan on Turkey's behalf.” At the meeting of the K4 Committee on 26-27 March a six- point plan was agreed following the visit. The points, together with the “lead” EU countries in brackets, are: EUROPE i) “to assist Turkey in the improvement of conditions for detaining illegal immigrants prior to removal” (Italy) EU ii) “exchange of experience on removals to Bangladesh and Pakistan” Austria takes over Presidency (UK) On 1 July Austria took over the Presidency of the European iii) “experiences on formulation of laws on illegal immigration” Union from the UK. Its programme on justice and home affairs in (Belgium) the field of legal cooperation includes harmonising the statute of iv) “expertise on the detection of false documents, including possible limitations for serious crimes; measures to protect the euro from technical assistance and Community funding” (Germany) forgery; continuing work on the Joint Action to combat corruption in the private sector; and trying to finish work on the v) “operational information involving illegal immigration, in draft Convention on Mutual Assistance in Criminal Matters - particular where trafficking is involved” (Netherlands) "including provisions on the interception of telephone vi) training Turkish border guards to properly screen asylum-seekers communications". In the field of civil law they will start work on (Austria) a draft Convention on the law applicable to non-contractual obligations (Rome II). The entry into force of the Europol Convention on 1 October EU Minister says he has “never seen any papers on it” will require a number of measures, as will preparatory work for At the Justice and Home Affairs Council on 28 May Jack Straw the new powers to be given to Europol under the Amsterdam for the EU Presidency was asked by Martin Walker of the Treaty which is expected to come into effect during the following Guardian about EU funding to help set up camps in Turkey to Presidency (Germany). Other policing measures are to include hold refugees from which UNHCR would be expressly excluded. the computerised registration of serial offenders (murder and Mr Straw replied that he: sexual assault) and the harmonisation of telecommunications had certainly never seen any papers on it equipment. When pressed he replied that the question “had never arisen” and The Austrian Presidency will also be responsible for that he had: "completing" preparation for the incorporation of the Schengen seen no proposals to provide funds for camps acquis into the acquis communautaire (the Treaty of the European Communities, TEC and the Treaty of European Union, TEU). It is extremely worrying feature of justice and home affairs in the Plans are to be made for the transfer of the Schengen Secretariat EU that Ministers having agreed the broad policy (the Action to the General Secretariat of the Council and for the Plan) have no knowledge of how it is put into practice by amalgamation of the Schengen and Council Working Parties.