PICUM Newsletter April 2006 Finalized on April 6, 2006 This newsletter focuses on news items and policy developments concerning the basic social rights of undocumented migrants in Europe. It is currently available in Word format and on the PICUM website (www.picum.org) in the following languages: English, German, Dutch, Spanish, French, Italian and Portuguese. You are invited to distribute this newsletter widely. Do you want to contribute to a humane policy of respect of human rights of undocumented migrants? DONATE TO PICUM! Your contribution means we can continue to fight the marginalisation and exploitation of undocumented migrants. You are invited to donate to PICUM by transferring your singular or regular contribution to account number 001-3666785-67 (Fortisbank, Schepdaal (B), IBAN: BE93 001366678567). Please mention your name and address, and reference: “donation”. THANK YOU ! Index 1. Death at the Border 2. News from EU Member States + Switzerland + U.S.A. 3. European Policy Developments 4. Upcoming Events 5. Publications 6. Miscellaneous 1. Death at the Border • An immigrant drowned and five others were detained on the islet of Oinousses, close to Chios (Greece), after their inflatable dinghy sunk 30 meters from shore on 19 February. The 25-year-old Afghan national did not know how to swim and his compatriots were unable to help him. A patrol boat later found the man's body about 300 meters from shore. The five survivors told police they had set off from the Turkish coast to cross into Greece. (Kathimerini, 20 February) PICUM Newsletter April 2006 • The body of an unidentified migrant woman, who was apparently trying to cross the Greek- Bulgarian borders on foot and died of exposure to extreme cold, was found on Mount Falakron. (Kathimerini, 16 February) • The conditions under which a 15-year-old Afghan was injured and his 16-year-old cousin died on 13 February in Patras (Greece) remain unclear. According to some Afghan migrants, who have been living in a camp near the port, the boy was beaten by coast guards while he was trying to sneak into a truck due to board a ferry to Italy. The group also testified that the 16-year-old died of shock upon seeing the alleged beating of his cousin. The Greek Port Authority refuted the beating charges and said the boy had sustained his injuries after jumping off some railings during the chase. (Kathimerini, Rizospastis, Traffic, Ta Nea, Eleftherotypia, Ethnos, Rizospastis, 15 February / Ethnos, Rizospastis, Avgi, 16 February; Eleftherotypia, Chora, Epohi, 21 February) • Hundreds of undocumented migrants continue to arrive to the Canary Islands from Mauritania. Mr. Ahmed Ould Haya, Director of the Red Crescent in Mauritania, said that more than 1,200 people have died in the past months while trying to reach the Spanish islands. Most of these migrants are young, Sub-Saharan Africans, who face great risks since nearly 40% of all of the small boats that make the crossing from Mauritania to the Canary Islands result in shipwrecks. (See sections on “Spain” and “European Policy Developments” in this month’s newsletter for related news items). http://www.canalsolidario.org/web/noticias/noticia/?id_noticia=7523 http://fr.allafrica.com/stories/200603090379.html 2. News from EU Member States + Switzerland + U.S.A. General • In the last five years, the number of asylum-seekers arriving in all industrialized countries has fallen by half, according to preliminary annual figures released on 17 March by the United Nations High Commissioner for Refugees António Guterres. “These figures show that talk in the industrialized countries of a growing asylum problem does not reflect the reality,” said High Commissioner António Guterres. In the 25 countries of the European Union, as well as in Europe as a whole, the number of asylum-seekers last year was the lowest since 1988. “Despite public perceptions, the majority of refugees in the world are still hosted by developing countries such as Tanzania, Iran and Pakistan,” said Guterres. www.un.org/apps/news/story.asp?NewsID=17838&Cr=asylum&Cr1= • More than 900 people have registered for the Second World Social Forum on Migration, which will take place in Rivas-Vaciamadrid (Spain) from 22-24 June 2006. The worldwide reunion will stimulate dialogue and the sharing of proposals, workshops, seminars, and cultural activities related with different themes of the forum: Impact of globalization; Rights; Migratory Movements and Regulations of Flows; Asylum and Refuge, Models of Coexistence; Public Politics; Social Exclusion, Co-development; Communication. http://www.fsmm2006.org/ France • From 30,000 to 50,000 people demonstrated in Paris on 2 April to protest against “throw-away immigration” (“Non à l’immigration jetable”), towards which the government is moving with a law proposal that it intends to propose in French parliament in the first week of May. The demonstration was organized by a network of more than 350 organizations, activists and undocumented migrants. www.contreimmigrationjetable.org and www.gisti.org/doc/actions/2006/ceseda/bilan2avril.html PICUM Newsletter April 2006 • For the first time in the Bouches-du-Rhône region in the South of France, the Social Agricultural Insurance (Mutalité Sociale Agricole) officially recognized the right of a seasonal migrant worker to continue to receive social security coverage even after his temporary work contract (contrat “OMI”) had expired. The case concerned Mustapha L., who finished his 8-month contract as a seasonal worker on 3 September 2004, and had dental work done at the end of the same month. When he asked the Social Agricultural Insurance in the beginning of October 2004 to be reimbursed for his dental care (according to provisions in the Social Security code), he was refused, and thus undertook legal proceedings which lasted 18 months and required five court sessions in the Court handling social security cases. For more info, contact CODETRAS: [email protected] • In 2005, one out of five cases registered by the Lyon Court of Appeals concerned the repatriation of foreigners. During his presentation of the annual report for 2005, Court of Appeals President Daniel Chabanol stated that 269 out of 410 cases involving deportations of foreigners received judgments in 2005, but only 8% of foreigners were allowed to remain in France. Mr. Chabanol also pointed out that these type of cases were decided upon in the record time of less than 104 days, “so that the foreigner can know in the shortest time possible if s/he will be deported or has to plan to return to his/her country of origin.” http://www.20minutes.fr/articles/2006/03/08/Lyon_La_cour_d_appel_fait_le_point_sur_les_expulsio ns.php Spain • Several organizations (Medicos Mundi, UNHCR, Red Cross and CEAR) are currently coordinating their work to provide emergency assistance to migrants in the Canary Islands, although there is still a serious need of personnel, food, hygiene products and centres meeting basic conditions. (See related news items in “Death at the Border” and “European Policy Developments” in this month’s newsletter). http://www.canalsolidario.org/web/noticias/noticia/?id_noticia=7523 • In the meantime, a number of emergency measures have been adopted by the Spanish government as well as an emergency cooperation plan with Mauritania, consisting basically of the creation of reception centres managed by the Red Cross and the Red Crescent, the provision of patrol boats and the reactivation of a bilateral agreement to repatriate undocumented migrants from Spain to Mauritania. (Source: El País, 16.3.06. For details: www.aphda.es). So far, the Mauritanian government has accepted 170 people who were removed from Spain. However, the Red Cross and the Red Crescent have informed that none of these people have arrived in the specific reception centres that have been set up to provide basic assistance. In addition, these organizations believe that Mauritanian authorities have not yet repatriated the migrants to Senegal and Mali, their countries of origin. (www.migrar.org) Italy • On 14 March 2006, more than 480,000 migrant workers applied for working permits within the quota system, but only 170,000 available working permits will be issued this year. In theory, these permits are issued to third-country nationals, still resident in their countries, who come to Italy after having found a job. However, in practice, they are usually issued to undocumented workers who are already based in Italy. The government has stated that the quota system is not a regularization, but NGOs, trade unions and immigrants’ associations have criticized the hypocrisy of the system, which is essentially a hidden regularization and which is repeated on a yearly basis. http://www.rtbf.be/rtbf_2000/bin/view_something.cgi?type=article&id=0186596_article&menu=defaul t&pub=RTBF.PORTAIL%2FPORTAIL.FR.la_taille.SP.INTE PICUM Newsletter April 2006 • Minister of Interior Giuseppe Pisanu is currently under official investigation for his role in the deportations to Libya of undocumented migrants who arrived in Lampedusa from 2004-2005, as reported in the 16 March 2006 edition of the daily "la Repubblica". Minister Pisanu is accused of violating legal procedures and duties while in office under Article 328 of the Italian Penal Code. In particular, he is accused of illegally deporting undocumented migrants to Libya. As a result of the immediate deportations, immigrants’ rights associations were unable to give any type of legal or humanitarian assistance to the undocumented migrants. http://www.repubblica.it/2006/c/sezioni/cronaca/immigrati/legapisanu/legapisanu.html • The Italian press is not allowed to enter into detention centers for foreigners (“Centri di permanenza temporanea e assistenza). The Ministry of the Interior forbids entry to journalists because it claims that it wants to guarantee privacy to the immigrants. Recently, the Ministry also denied the press access to a center which has not yet opened, arguing that Point 7 of Article 21 of the Regulation on Immigration establishes that only relatives of the detained immigrants, religious ministers, lawyers, and representatives of embassies are entitled to enter the detention centers.