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Download Journal in Pdf Format statewatch monitoring the state and civil liberties in the UK and Europe vol 7 no 3 May - June 1997 “Voluntary” repatriation and the surveillance of EU-wide demonstrations The The meeting of the Council of Justice and Home Affairs EU Member States who have established “support programmes.. Ministers (JHA Council) on 26-27 May in Brussels began at 2.30 [for] the voluntary return of legally as well as illegally resident in the afternoon on Monday 26 May and by 5.30 the Ministers third-country nationals” are to send details to the General were reported to have finished all their business and were Secretariat of the Council in Brussels each year. This drinking champagne prior to the formal signing of a Convention information will include: the designated authorities carrying out on corruption. In the three-hour meeting they had discussed 11 the “programme”; the numbers; “requirements” placed on “the points on the main agenda and nodded through 23 items without country of origin” and on the “returnees”; the level of debate. It was an apparently lacklustre JHA Council with little “assistance” (eg: travel costs, removal costs, and “repatriation media interest or coverage. allowance”) (Article 1). The aim to is achieve “possible Four of the items passed without debate were on: voluntary approximation" of the “programmes”. While: repatriation, a Joint Action on public order, implementation of The Member States.. which have not introduced these programmes the Dublin Convention, and the “analysis files” of Europol. shall examine the results and usefulness thereof. (Article 4) If there was any doubt as to the long-term direction of EU policy “Voluntary” repatriation the Amsterdam Treaty says that measures will be taken to The Decision on “the exchange of information concerning combat: assistance for the voluntary repatriation of third-country nationals" is reminiscent of the evolution of EU policy on illegal immigration and illegal residence including repatriation of extradition. In March 1995 the JHA Council adopted a Joint illegal residents. Action on “voluntary" extradition (officially termed “Simplified extradition") which provoked the question whether this was to be Surveillance of EU-wide demonstrations followed by action on “involuntary” extradition? In November The JHA Council held in March 1996 adopted a 1995 a new Convention on (involuntary) extradition was “Recommendation on guidelines for preventing and restraining adopted. disorder connected with football matches”. This was a UK The language and ideology behind this Decision on initiative in the run-up to the European Championships to be “voluntary repatriation" encourages the view that the “exchange held in June. Even though there was no mention of of information” will be followed by action, and that accountability or data protection it was generally welcomed in “involuntary” may follow “voluntary”. Indeed there is a the media (but see the case of the Boore brothers, Statewatch, vol reference to “finding a dignified solution to reducing the number 3 no 2, vol 4 no 5, vol 5 no 5, vol 6 no 4 & vol 7 no 2). This of illegally resident third-country nationals” in the Preamble. For seemingly uncontentious measure has just been extended to the “legally resident third-country nationals” it says “assistance cover all aspects of public order through the Joint Action for voluntary return.. is purely designed to facilitate return of regarding cooperation on law and order and security which was those who have taken a decision of their own free will”. adopted, without debate - nor do Joint Actions have to be ratified IN THIS ISSUE The Amsterdam Treaty see page 13 Council U-turns on Statewatch case see page 19 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 by national parliaments. security? The Joint Action says cooperation on “football hooliganism” should be extended and “strengthen cooperation on law and order Europol regulations and security” and goes on: The JHA Council adopted without any debate Europol staff more detailed arrangements need to be made for cooperation with regulations and the rules applicable to analysis files (both will be regard to events taken in a broad sense, ie: meetings attended by large formally adopted when the Europol Convention enters into numbers of people from more than one Member State, at which force). It also reached “political agreement” on the “Protocol on policing is primarily aimed at maintaining law and order and security the privileges and immunities of Europol, the members of its and preventing criminal offences; organs, the deputy directors and employees of Europol" (it will be formally adopted and signed later, after which the Protocol has to such meetings include sporting events, rock concerts, demonstrations be ratified by the national parliaments of all Member States). The and road-blocking protests campaigns [and] related matters such as guarding and protecting people and property may also form part of the Confidentiality regulations, the subject of a report from the Select cooperation in question; Committee on the European Communities in June, will not be adopted until there is the proposed “security manual" has been in addition to neighbouring Member States, it is also possible for non- agreed. neighbouring Member States and Member States of transit to be The “rules applicable to analysis files” of Europol are highly involved... controversial. They include: “data related to racial origin, exchange of information on groups of people that may pose a threat to religious or other beliefs, political opinions, sexual life or health law and order and security in various Member States as well as may be included.." (Article 5.2); “lifestyle (such as living above secondment of liaison officers... means) and routine” (Article 6.2.f); “contacts and associates, including type and nature of contact or association..” (Article The binding nature of the Joint Action is indicated in Article 1.1 6.2.g); and “suspected involvement in criminal activities”. which says: Member States shall provide.. information, upon request or Dublin Convention finally ratified unsolicited, via central bodies, if sizeable groups which pose a threat Nearly seven years after it was signed by the then 12 EU Member to law and order and security are travelling to another Member State States the Dublin Convention on the determination of the in order to participate in events. (emphasis added) Member State responsible for examining an asylum application Article 1.2 says the: was finally ratified by the Irish parliament on 15 May. It is information shall include the fullest possible details regarding: a) the expected to come into effect in September. Sweden, Finland and group in question; overall composition; nature of the group (whether Austria who joined the EU after the Convention was signed still aggressive and whether any chance of disturbances); b) routes to be have to get parliamentary ratification of the Convention. taken and stopping-off points; c) means of transport; d) any other The JHA Council agreed two measures to implement the relevant information; e) reliability of information. The information to Convention: Conclusions on the practical application of the be provided shall be supplied in compliance with national law. Dublin Convention and Rules of Procedure of the Committee set Article 2 says Member States can send temporary liaison officers, up by Article 18 of the Dublin Convention. The Conclusions on with “no powers” and “unarmed”, to advise and assist in practical application seeks to set a “time limit for replying to a accordance with “instructions from their home Member State and request that an applicant be taken in charge” (handed over to guidelines from the Member State to which they are seconded." another Member State), adopts the Conclusions on the transfer of Article 3.c encourages the “holding of exercises”. asylum applicants agreed in London on 30 November - 1 This measure raises a host of concerns. By way of December 1992; and the “means of proof” (adopted 20 June illustration two recent events come to mind - the 60,000 plus anti- 1994, OJ C 274, 19.9.96, pp35-41). The second brings into effect Le Pen demonstration in Strasbourg and the series of the Ministerial-level Executive Committee under Article 18 of the demonstrations, including one of 50,000 plus, in Amsterdam Dublin Convention (until ratification Sweden, Finland and during the Summit (see story in this issue). In both cases tens of Austria will attend as observers). thousands of demonstrators, from a dozen or more countries and The meeting with Ministers from the “associated countries of dozens of groups, crossed “transit” borders and neighbouring Central Europe” on 27 May concentrated on asylum including the countries to registers their protests. “possible application" of the concept of “safe third host country” This Joint Action covers not just the control of to the 10 countries attending and on the Dublin Convention the demonstrators but the potential interception of groups before they possibility of them signing a “draft Parallel Convention" (on can gather together (a trainload of Italians were held on the way which the EU is not yet agreed). to Amsterdam) and the “targeting” of alleged (“suspected”) trouble-makers. Will it be used to legitimise the surveillance of Other decisions groups prior
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