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OBSERVATION REPORT EUROPEAN BORDERS KEEP OUT? ILLUSTRATED BY THE SITUATION IN CALAIS, CEUTA AND MELILLA, AND SICILY Table of contents INTRODUCTION 4 01 BLOCKING ACCESS TO EUROPEAN TERRITORY AT ANY COST, EVEN LIVES 6 1.1 Calais and the enclaves of Ceuta and Melilla: cooperating to contain “undesirables” 7 1.2 Militarisation of the Mediterranean: “surveillance is not the equivalent of watching over” 8 1.3 Dramatic consequences to the security logic 8 Published by La Cimade 02 SORT AND KEEP AWAY: HOTSPOTS AND OTHER STRATEGIES 10 Communications Department 2.1 The hotspot approach: sort quickly and expel 11 64 rue Clisson – 75013 Paris 2.2 Other ways of sorting and keeping away in Calais and in Ceuta and Melilla 12 Tel: +33 (0)1 44 18 60 50 Fax: +33 (0)1 45 56 08 59 [email protected] 03 Asylum – a fundamentAL RIGHT TO BE PROTECTED 14 www.lacimade.org 3.1 The yet-to-be-seen cooperation to receive asylum seekers: from the failure of the Dublin Regulation to the failure of relocation 15 3.2 Ceuta and Melilla: treacherous access to asylum 15 3.3 Inadequate and deterring reception conditions 15 Publication and missions coordinated by: Gipsy Beley, Eva Ottavy and Anne-Sophie Wender. 04 THE LEGAL BOUNDARY: CIRCUMVENTED LAWS AND VIOLATED RIGHTS 16 Also participating in the missions: 4.1 Legal uncertainty that benefits the EU Member States 17 Marie-Dominique Aguillon (La Cimade), 4.2 Circumventing the law: detention to “empty out Calais” 17 Nathanaël Caillaux (La Cimade Nord-Picardie), 4.3 Legalisation of practices that violate rights and impunity in Ceuta and Melilla 17 Filippo Furri (Migreurop), Stéphane Julinet (Gadem), Déborah Maire (APDHA), Sara Prestianni (ARCI), Camille Six (La Cimade Nord-Picardie) 05 BORDERS: AGAINST ALL ODDS, PLACES OF SOLIDARITY AND MOBILISATION 18 and Elsa Tyszler (Gadem). 5.1 The border as a place of solidarity and resistance 19 5.2 Solidarities that bother? 19 Photography: Sara Prestianni and Elsa Tyszler. Front cover: European Union external border CONCLUSION AND RECOMMENDATIONS 20 in Melilla, June 2015. © Elsa Tyszler Back cover: refugees charging their cell phones APPENDICES 22 in Calais, December 2015. © Sara Prestianni Editor: Rafael Flichman Graphic design: 3 Guillaume Seyral Layout: atelier des grands pêchers Translator: Laura Molinari Copyrighted: juin 2016 This is a summarised version of the report Frontières européennes. Défense d’entrer ? LA CIMADE OBSERVATION REPORT INTRODUCTION INTRODUCTION European migration he “migrant crisis” or “refugee crisis” has PRESENTATION OF THE MISSIONS policy crisis dominated the news since 2015. However, AND REPORT METHODOLOGY above all, it is a crisis of European migration policies, which feed tension at the borders, as This report is the result of an analysis of the EU’s in Calais or on the Greek islands, leading to decisions, an information watch and documentary Tcatastrophic humanitarian crises. research into European migration policies conducted throughout 2015 and early 2016, as well as several After back-to-back shipwrecks in the Mediterranean field missions. in April 2015 in which 1,200 people died, and the swell In 2015, La Cimade conducted three cross-missions of emotion and outrage from the public seeing the to the external borders of the Schengen Area, jointly photo of little Aylan, European leaders’ speeches with networks and partner associations 1. A wealth quickly gave way to the priority of closing European of data was collected in Calais in February and borders. New mechanisms, such as hotspots, were announced, but in reality, they are aligned with the logic of the European migration policies implemented EU Member States have turned in recent years which aim to restrict and filter access to European territory. external borders into places of violence where the basic human What is changing is the intensification of the logic of rights of migrants are being deterrence and repression, and the speed with which undermined. European decisions are made and implemented, without any real democratic debate. More worrying still is the legitimisation of this logic by the EU and its Member States, which ultimately seems justified to a December; Ceuta and Melilla in June; and in Italy, segment of public opinion, despite the grave specifically Sicily, in November. Many discussions consequences and ensuing decline in human rights were held with a multitude of actors, in addition to 4 5 protection. visits to migrant reception centres and camps, and through the observation of a landing in the port of In attempting to contain those coming from outside Pozzallo, in Italy. Europe, the EU Member States have turned Schengen The context, very moving and uncertain since the external borders into places of physical and psycho- start of the missions, complicated the writing of this logical violence where the basic human rights of report, which does not necessarily take the latest migrants are being undermined. Calais (which shares developments into account, notably the signing of a border with the United Kingdom), Melilla and the EU-Turkey Agreement and its implementation. Ceuta (the only European land borders on the Africa continent), or Pozzallo in Sicily, are emblematic of the implementation of these policies and their 1. ARCI (Italian association), Gadem (Moroccan association), Migreurop (Euro-African network) and Migreurop Spain, APDHA offshoots. (Spanish association) and Boats 4 People coalition. European Union external border in Melilla, June 2015. © Elsa Tyszler LA CIMADE OBSERVATION REPORT 01 ı BLOCKING ACCESS TO EUROPEAN TERRITORY AT ANY COST, EVEN LIVES 01 Blocking access to European territory at any cost, even lives The current priority of the EU and its Member States is clear: to prevent newcomers to their territory by tightening up border controls and buying the support of neighbouring countries, directions that have been the essence of European migration 1.1 CALAIS AND THE ENCLAVES Privatisation of controls occurs through the delega- OF CEUTA AND MELILLA: COOPERATING tion of control to private companies such as the Eu- policy since the 1990s. More than 20 years later, these guidelines TO CONTain “undesiraBles” are still being reaffirmed, and even getting stricter. rotunnel Group. Finally, by shifting their policy of “Cooperation with third countries” is a priority bran- repression onto others, the United Kingdom and dished by the EU, which hides the issue of the out- Spain are discharging their responsibility. sourcing of European borders or also called “exter- nalisation”. To prevent newcomers to its territory, the The cooperation between the United Kingdom and EU is trying to convince neighbouring countries to France, and between Spain and Morocco, increased implement controls upstream. The idea is to prevent in 2014-2015, as did resources earmarked for securi- migrants from even leaving their country to come to ty measures. In Ceuta and Melilla, this was reflected Europe, and to have these countries accept the return on their soil of any person who still manage to reach European territory. This process of outsourcing Eu- ropean border control, subcontracted to neighbouring The implementation of controls countries, is an old policy that is intensifying today, is externalised to Morocco by Spain, and which seems be taking on a new direction with the scandalous agreement the EU signed with Turkey and to France by the UK. This logic on March 18, 2016. is implemented through bilateral The same logic has been applied to the cooperation agreements and financial assistance. between Spain and Morocco, and between the United Kingdom and France, for over a decade. Externalisa- tion in the area of asylum and immigration policies pursues a quadruple logic that is found at these two on both sides of the border in increased arrests and borders: relocate, outsource, privatise and remove violence by Moroccan police authorities, including responsibility. collective arrests that led to arbitrary detentions and 6 7 the destruction of camps. Furthermore, Morocco Relocation aims to implement border controls as ear- erected a fourth barrier in Melilla in 2014 and buttres- ly as possible, from the countries of departure and sed it with razor-sharp barbed wire in late May 2015. transit of migrants. The implementation of controls France and the UK signed two new agreements in is outsourced to Morocco by Spain, and to France by September 2014 and August 2015, primarily to tighten the UK. This logic is implemented through the ne- security at the Port of Calais (installation of fencing gotiation of bilateral agreements and the granting of topped with barbed wire along the highway leading financial assistance, like Le Touquet Treaty signed to the port area) and the tunnel under the Channel. between France and the United Kingdom in 2003 and The size of security forces was also considerably various administrative arrangements and agreements. increased. The triple Spanish border fence in Melilla, on the left side Europe, on the right side further away, Morocco, March 2015. © Elsa Tyszler LA CIMADE OBSERVATION REPORT 01 ı BLOCKING ACCESS TO EUROPEAN TERRITORY AT ANY COST, EVEN LIVES 1.3 DRAMATIC CONSEQUENCES TO THE SECURITY LOGIC Deaths at the three borders studied increased in 2014 and in 2015. In 2015, 3,771 people lost their lives in the Mediterranean Sea, even though the EU had signifi- cantly strengthened its presence in the area that year. In Calais, Ceuta and Melilla, there was an increase in injuries related to attempted crossings, and migrants also suffered physical and psychological violence from security forces and from the inhumane system that impairs their fundamental rights and dignity. 3,771 people lost their lives in the Mediterranean Sea in 2015, whereas the EU had significantly strengthened its presence in the area through Frontex and EUNAVFOR Med. Security fences along the highway leading to the port of Calais area, slum of Calais, February 2016. © Sara Prestianni Barriers to entering and exiting (in the case of Calais) Migrants waiting in the Pozzallo hotspot after their landing, Sicily, September 2015.

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