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En En Working Document Euro-Latin American Parliamentary Assembly Assemblée Parlementaire Euro-Latino Américaine Asamblea Parlamentaria Euro-Latinoamericana Assembleia ParlamentarEuro-Latino-Americana EURO-LATIN AMERICAN PARLIAMENTARY ASSEMBLY Committee on Economic, Financial and Commercial Affairs 30.9.2008 WORKING DOCUMENT on trade and migration LA co-rapporteur: Wilbert Bendezú (Parlandino) DT\745180EN.doc AP100.363v01-00 External Translation EN EN TRADE AND MIGRATION On 18 June, following almost three years of discussions, the European Parliament adopted in France, with a comfortable majority, the controversial Directive on the expulsion of illegal immigrants from the European Union. The amendments tabled by opponents of the bill were rejected and, as you are aware, the agreement reached among the 27 European Union Member States was adopted by 367 votes to 206, with 109 abstentions. This piece of Community legislation, which has already received the blessing of the 27 national governments, will enter into force two years after its official publication. The conservative European People’s Party and the Liberals supported the legislation, and the Greens and the United Left opposed it, while the Socialists were divided. The so-called Return Directive introduces a six-month detention period for immigrants due to be deported from any EU Member State, a period that can be extended to a maximum of 18 months if third countries are not cooperative with regard to the repatriation or if there are procedural delays. The law does not set a time limit for the hearing of immigrants by judges and it stipulates that immigrants may be deported to countries other than their own, because if it is impossible to establish their country of origin, they must be returned to the last non-EU Member State in which they resided. This unjust and shameful Directive will have a direct impact on the illegal immigrants who have worked in the European Union for years in jobs turned down by the Europeans themselves, such as building work, cleaning and childcare. Among those affected by this Directive are 1.8 million Latin Americans, and 700 000 people from the Andean Community. This is a situation that, for various reasons, is very troubling to Andean governments. It is their populations that will be affected, in all kinds of ways, not least economically, their main source of revenue being the remittances on which family members live in their country of origin and which generate development. For example, in 2007 Colombia received approximately USD 4.52 billion in remittances alone, while USD 3.08 billion entered Ecuador, exceeding the amount of foreign direct investment for that year. In the same year, Peru received USD 2.9 billion, equivalent to almost 75% of its copper and 80% of its gold exports. Finally, a sum of USD 1.05 billion flowed into Bolivia, accounting for 8.5% of its GDP that year. These figures make clear the importance of these workers for the economy and development of the European Union. With regard to the social consequences of this Directive, the outlook is extremely gloomy, as the family units that have formed over the last few years will be destroyed, especially given that those deported from the European Union will be unable to return for five years at the very least. It is very difficult to discuss the political implications, as this is a sensitive issue for all citizens. However, members of the Andean Parliament can see that we are extremely concerned on this point, as it is our citizens whose rights are being violated, although we recognise that not all migrants to Europe are Latin American. AP100.363v01-00 2/7 DT\745180EN.doc External Translation EN According to the reports of the United Nations Committee on Human Rights and the Inter- American Committee on Human Rights, the human rights violations of which migrants are most frequently victim are: 1. Arbitrary arrests and lack of a due trial 2. Mass deportation 3. Discrimination in the granting of citizenship or access to social services to which foreigners are entitled by law 4. Imprisonment in inhumane conditions 5. Harassment by authority figures, such as police officers or immigration officials 6. Defencelessness against exploitation by unscrupulous employers 7. The placing of unaccompanied minors with guardians who are not direct family or in institutions It must also be added that this law aggravates the situation of vulnerability in which illegal immigrants find themselves, which makes us as parliamentarians all the more determined to fight this Directive on migration. Of course, every country or union of countries has the right to draft its own legislation, but in this specific case the EU is acting in violation of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which seek to ensure equality and non-discrimination against migrants. This will lead to migrants without papers being treated as common criminals. The Andean Parliament, the decision-making body of the Andean Integration System, which acts jointly and represents the people of the Andean Community via its President, Ivonne Baki, therefore urges the European Union to provide a solution to the impasse created by the Return Directive, bearing in mind that ‘it is impossible to continue with a process of association if, while seeking progress in the economic, political and social sphere, actions are being taken that have a huge impact on a vulnerable section of the population like migrants’. At its June legislative sittings of the 22nd Ordinary Period of Sittings, held in Bogotá, Colombia from 23 to 25 June 2008, the Andean Parliament spoke out against this controversial Return Directive. After considering that the Secretary-General of the Andean Community had drafted a proposal in 2006 on guidelines for a joint Andean external policy on migration, aimed at establishing a common position on migration to developed countries, the main destination for Andean citizens, and the European Union in particular, the Andean Parliament adopted Decision No 1219. In this Decision, it urged the European Parliament to review the administrative and judicial mechanisms provided for in the Directive, in order to prevent unfair treatment of illegal immigrants on Union territory. It also recommended that the potential consequences for Latin America of the Return Directive should be a priority issue on the agenda for the current negotiations between the Andean Community and the European Union. Finally, it called on the Andean Presidential Council to appoint a community body to monitor existing legislation aimed at the protection of migrants and to develop awareness-raising campaigns to address xenophobia towards Andean citizens in third countries. DT\745180EN.doc 3/7 AP100.363v01-00 External Translation EN These statements are one more sign of the general condemnation this Directive has provoked in our region, in the light of which the Andean Parliament has called for an urgent meeting of the Euro-Latin American Parliamentary Assembly (EuroLat), so that this matter can be given the attention it deserves. The aim is also to obtain a positive statement from other Latin American parliaments and to secure an agreement on a key concern, namely the migration observatory, which has yet to take shape. The Andean Parliament therefore welcomes the letter sent by the EU to the foreign ministers of the Andean Community explaining the content of the Return Directive, but considers this response to be insufficient and hopes to see the shortcomings of this piece of legislation addressed. Following an exchange of correspondence between the Andean Community and the EU, it is clear that the setting-up of forums, channels and websites for mutual discussion will be essential if we are to achieve a successful outcome for both parties in discussions on this emotive issue. As a forum set up with the aim of promoting and developing specific aspects of the biregional strategic association and actively promoting national policies and mechanisms designed to ensure the protection of human rights, the EuroLat Assembly is the ideal place to debate this thorny issue, as far as both the Andean Community and the EU are concerned. The fact that the Andean Community, the Andean Parliament, the Andean Court of Justice, Andean and other Latin American governments, NGOs, foreign ministers, human rights organisations such as Amnesty International and the European Council on Refugees and Exiles, along with all migrant protection organisations, are united in rejecting the Return Directive is no mere coincidence. It is clear proof that the legislation violates and weakens the rights of these individuals, Andean citizens, who simply wish to improve their standard of living. Migration within the Andean Community Inter-Andean migration and social and employment concerns One of the Andean Community’s main objectives is to dismantle borders or render them invisible, allowing the free movement of people within the subregion and making sure civil society sees the benefits of the alliance between the nations of the Community, which will ultimately bring it recognition and legitimacy. However, to achieve free movement of citizens requires a substantial effort on the part of member countries, which must first draft and harmonise domestic laws and policies to arrive at an alignment of Andean or Community positions. This is why improving the free movement of people within the Andean Community has become one of the priorities on the community agenda. The main aim here should be to create an Andean area in which Andean citizens can move freely as tourists, workers and investors, as well as in other capacities. The main achievements in this regard are listed below: AP100.363v01-00 4/7 DT\745180EN.doc External Translation EN Decision 397 of 1996, which envisages the creation of an Andean Migration Card (Tarjeta Andina de Migración-TAM) to aid the statistical monitoring of the migratory flow within the member countries.
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