FUNDAMENTAL RIGHTS
Convict awaits court decision on United Kingdom human rights challenge
Human Rights Europe: “A rapist jailed in the United Kingdom and detained in prison beyond the length of his sentence, will find out tomorrow if judges accept that his human rights have been breached.
Abdi v. the United Kingdom (no. 27770/08)
The applicant, Mustafa Abdi, is a Somali national who was born in 1975 and is currently detained in London. Having arrived in the United Kingdom in 1995, his asylum claim was refused, but he was granted exceptional leave to remain until 2000.
In July 1998, he was convicted of a number of offences, including rape, and sentenced to eight years’ imprisonment. His release was foreseen for September 2003, but he remained in detention pending deportation. He complains that his detention, until being released for a short time in April 2007, violated his rights under Article 5 § 1 (right to liberty and security), in particular because of its duration…”
EC ready to open infringement proceedings on racial inequality
New Europe: “The European Commission is ready to take action and open infringement proceedings against member states if they do not comply with their obligations under the Racial Equality Directive (RED),” said Pia Lindholm, legal officer at DG Justice during a debate on Roma discrimination in Europe at the European Parliament.
The debate was jointly organised by Amnesty International and the European Roma Policy Coalition as a part of the “Human rights here, Roma rights now” campaign launched on 8 April to end discrimination against Roma in Europe.
On International Roma Day, Amnesty International launched a campaign which calls on the commission to use its power to open infringement procedures as a tool to protect Roma and enforce their rights.
The EC should make use of all of its instruments to ensure that Roma are not targeted with forced evictions, relocation to segregated or inadequate housing and discriminated against in the areas of social housing, employment and education, Amnesty says.
Doctors warn of rising xenophobia in Europe’s healthcare systems
Euractiv: “Austerity measures adopted in Europe in response to the public debt crisis have a devastating impact on healthcare services, resulting in rising xenophobia in countries like Greece and Spain, the humanitarian group Doctors of the World said Tuesday (9 April).
Rising unemployment and poverty across Europe have generated extreme-right statements stigmatising migrants, Doctors of the World stated in its 2012 report, ‘Access to healthcare in Europe in times of crisis and rising xenophobia’.
The organisation’s 2012 report, which covers data collected in 14 cities across seven countries, notes a rise in xenophobic acts and regulations in Greece and in other European countries as a result of austerity measures.
Pressure in Greece, Spain
Speaking at the launch of the report at the International Press Centre in Brussels, Dr Nikitas Kanakis from Doctors of the World Greece said xenophobia and healthcare always go together.
“It’s about dignity and and to live safely without fear,” Kanakis said. “With the social crisis getting bigger and bigger every day, we see again that the poorer people are being pointed out. We see again, mostly in the South, that people who need more from the state are being accused more often. We have to talk about this.”
“These people who need a good health system are afraid to go there. The people who need the support from Europe more, they experience it less and we can’t be silent,” Kanakis added.
In Greece, the entire public health system is under enormous pressure due to austerity measures. In Spain, the government has legally restricted access to care for undocumented migrants.
At the same time, groups that were already facing vulnerability before the crisis, such as undocumented migrants, asylum seekers, drug users, sex workers, destitute European citizens and homeless people, have seen a reduction in social safety nets which provide them with basic help…”
– NON DISCRIMINATION
International Roma Day: Commission calls for decisive action to further Roma integration
Europa Rapid: “To mark International Roma Day, the European Commission has underlined the need for further efforts by the Member States to improve the situation for Roma communities in Europe. Despite efforts in the Member States towards Roma integration, much more progress has yet to be made at national level to fight discrimination and improve access for Roma to employment, education, housing and healthcare in particular.
In a joint statement, Vice-President Viviane Reding (EU-Justice Commissioner), László Andor (Commissioner for Employment, Social Affairs and Inclusion), Johannes Hahn (Commissioner for Regional Policy) and Androulla Vassiliou (Commissioner for Education, Culture, Multilingualism and Youth) said:
“Improving the situation for Roma people is one of the biggest challenges we face in Europe. Making a real difference to their daily lives requires long term commitments, adequate resources, and concerted action at local, regional, national and European level.
“The EU has laid down a strong framework for action and Member States have drawn up national strategies for Roma inclusion. This is a good first step. The key is now to make sure these policies are implemented on the ground.
“Because Roma inclusion makes sense: research by the World Bank suggests full Roma integration could be worth around half a billion euros a year to the economies of some countries by improving productivity, cutting welfare bills and boosting tax receipts. Roma integration thus must not be seen as a cost, but as a social investment, and will be key in achieving the targets of the Europe 2020 Strategy for smart, sustainable and inclusive growth;
“Roma integration cannot be left to Sunday speeches that are not followed up come Monday morning. What we need is a genuine political commitment from the Member States to implement national strategies. The drafting of national strategies was certainly a good start but we still need more to make changes happen.
“We will adopt our 2013 report on progress in implementing the national strategies before the summer and will evaluate to what extent our recommendations have been followed up by Member States.
“In addition, the negotiations on EU Funds for the period 2014-2020 will be decisive. It is crucial to ensure that National Roma Contact Points, Roma NGOs and experts are involved in the planning as early as possible. International Roma Day is an opportunity to reflect on our achievements but also to mobilise efforts to continue the crucial work towards Roma equality.”…”
Commission wants Roma NGOs involved in spending EU funds
Euractiv: “Marking International Roma Day, the European Commission on Monday (8 April) urged member countries to ensure that NGOs representing Roma are involved in the planning and use of EU funds for integration into society.
Five commissioners issued a joint statement to mark International Roma Day, established in 1990 at the fourth World Romani Congress in Warsaw.
Commission Vice-President Viviane Reding (in charge of justice), László Andor (Employment, Social Affairs and Inclusion), Johannes Hahn (Regional Policy) and Androulla Vassiliou (Education, Culture, Multilingualism and Youth) accused member countries for failing to deliver on agreed policies for the Roma.
They said that the Commission will adopt before summer a report on how states implemented their national strategies on Roma inclusion.
“In addition, the negotiations on EU Funds for the period 2014-2020 will be decisive. It is crucial to ensure that national Roma contact points, Roma NGOs and experts are involved in the planning as early as possible,” the Commissioners said.
EU funds for inclusion
EU Structural Funds – the European Social Fund (ESF), the European Regional Development Fund (ERDF) and the European Agricultural Fund for Rural Development (EAFRD) – have been mobilised to boost national efforts for Roma integration, alongside national budgets.
Although the three funds total €50 billion per year, the commissioners said not enough benefits disadvantaged Roma communities. They urged the national Roma contact points to be closely involved in the planning of the use of EU money.
Roma comprise one of the largest ethnic minority communities in Europe, with a population estimated by the Council of Europe at 10 million to 12 million…”
Also on the same topic:
Roma people still face ‘forced eviction’ throughout Europe : http://www.theparliament.com/latest-news/article/newsarticle/roma-people-still-face-forced-eviction-throughout-europe-1/
The Roma: Europe’s guilty conscience : http://www.presseurop.eu/en/content/news-brief/3645971-roma-europe-s-guilty-conscience
– PRIVACY
Google’s collision course with member states
Euobserver: “European Union regulators have taken their first step to making good on their recent threat to take “repressive action” against Google by summer.
Following last month’s final meeting between Google and European regulators at which “no change” in Google’s attitude was seen, at least five European countries have begun their own investigations into Google’s global privacy policy, promising coordinated enforcement action by summer.
There is nothing to stop other EU member states from taking their own actions as well, if, as now seems inevitable, Google does not significantly modify its 2012–issued global privacy policy to conform to fundamental European privacy principles.
But what, exactly, is likely to happen?
Though crystal balls are of little use in predicting what the 27 EU member states may do, a recap of Google’s latest dispute with the EU, and a review of EU data protection enforcement authorities, may provide some clues.
In a significant revision of its global privacy policy, Google early last year asserted the right to expand its data mining activities to combine personal data of its users across all of an individual’s accounts and services, including: gmail; Internet searching; map and location information; and photo sharing, with no ability for individuals to opt out…”
Also on the same topic:
Google’s collision course with member states: http://euobserver.com/opinion/119727
Six European data protection agencies target Google over privacy : http://www.panarmenian.net/eng/news/152500/
Google Vs. Europe: Privacy-Loving Eurozone Nations Prepare For Battle With Data-Collecting Goliath : http://www.ibtimes.com/google-vs-europe-privacy-loving-eurozone-nations-prepare-battle-data-collecting-goliath-1166281
Google Versus the EU : http://blogs.wsj.com/tech-europe/2013/04/04/google-versus-the-eu/EU data protection: “More exceptions than rules” : http://futurezone.at/english/14809-eu-data-protection-more-exceptions-than-rules.php?rss=fuzo
TRANSPARENCY
New EU data protection proposals ‘could devastate direct mail fundraising’
Civil Society: “The Direct Marketing Association and Institute of Fundraising are urging charities to respond urgently to new EU proposals on data protection, warning that they could have huge consequences for fundraisers that rely on direct mail.
IoF chief executive Peter Lewis wrote to the EU Vice President and UK MEPs last week to complain that the proposed rules around donors’ consent to be mailed needed changing if charities were not to lose a great deal of money.
The proposed changes amend the definition of consent and would mean that a potential donor would have to opt in to receive direct mail, even if they are already giving to a charity.
According to the DMA, the new regulations would “rule out any contact that isn’t expressly permitted by your prospects: signalling the end of targeting online ads, direct mail and cold sales calls unless you can prove explicit consent”.
The Institute has suggested adding a “soft opt-in” extension to the definition of explicit consent. This would enable charities to count an individual’s donation as a form of ‘affirmative action’…”
Also on the same topic:
EU data protection reforms: the areas of the proposals attracting most debate : http://ico.org.uk/news/blog/2013/eu-data-protection-reforms-the-areas-of-the-proposals-attracting-most-debate
EU to agree transparency rules for oil and mining firms
Euobserver: “EU officials will meet Tuesday evening (9 April) for what are expected to be the final talks on radical new rules cracking down on corruption between extractive companies and third world governments.
Under the deal brokered between MEPs and ministers on the Accounting and Transparency directives, all large publicly listed and non-listed extractive companies would be required to declare all payments to and from governments over €100,000 on a country-by-country basis.
The payments, which will also cover a range of payments in kind such as preferential tax rates and the free use of buildings, would have to be published for each individual project.
Under the final compromise text, “projects” are defined as “operational activities that are governed by a single contract, license, lease, concession or similar legal agreements and form the basis for payment liabilities with a government.”
The project definition is regarded as a victory for MEPs – documents seen by this website indicate that the French and UK governments attempted to water down the definition of a project at various stages in the negotiations…”
EUROPEAN AREA OF FREEDOM, SECURITY AND JUSTICE
– BORDER SURVEILLANCE – SCHENGEN
EU must be enabled to enforce visa reciprocity, say Civil Liberties MEPs
European Parliament News: “Reimposing visa requirements on nationals of third countries that fail to remove them for EU citizens would be made easier by visa reciprocity rule changes voted in the Civil Liberties Committee on Monday. The EU could also temporarily suspend its visa-free travel rules to halt “substantial and sudden increases” in irregular migrant numbers or unfounded asylum applications, but only as a last resort, MEPs added. But these changes have first to be agreed with EU member states.
“The reciprocity principle that a third country benefitting from an EU visa waiver must extend the same treatment to EU citizens is a key feature of the EU’s common visa policy”, stressed rapporteur Agustín Díaz de Mera (EPP, ES).
Enforcing visa reciprocity
MEPs amended a proposed update of the EU visa regulation to strengthen a “reciprocity mechanism” for dealing with third countries that persist in requiring EU citizens to obtain visas, even though their own citizens are exempt from EU visa requirements. This mechanism should enable the EU to put more pressure on third countries to obey the visa reciprocity rule.
If, despite EU diplomatic steps, a third country refuses to lift its visa requirement for EU citizens, the European Commission may, at the request of a member state or on its own initiative, propose to temporarily suspend the EU visa waiver for nationals of that country. However, the Commission must also consider the possible consequences for the EU’s external relations, say MEPs.
For example, the USA currently requires visas for EU citizens from Bulgaria, Cyprus, Romania and Poland, and Canada requires them for those from the Czech Republic, Bulgaria and Romania…”
Also on the same topic:
Civil Liberties MEPs stated that EU must enforce visa reciprocity : http://www.neurope.eu/article/eu-must-enforce-visa-reciprocity
Questions and Answers: Schengen Information System (SIS II)
Europa Rapid: What is Schengen?
Today, the Schengen area is encircled by 42 673 km of sea borders and 7 721 km of land borders; it was established by the 1985 Schengen Agreement that set out the gradual abolition of checks at common borders. The Agreement was supplemented by the 1990 Schengen Implementing Convention that set out the final abolition of internal border controls, as well as a series of necessary accompanying measures.
The Schengen Agreement has made passport-free travel possible for over 400 million Europeans. From the initial five, the Schengen area now includes 26 countries. The participating countries apply common rules for checks at the external borders of the Schengen area, as well as on the issue of visas and co-operation between police and judicial services in criminal matters.
In 2011, the European Commission proposed to strengthen the Schengen area. This proposal includes a stronger EU-level system for evaluating EU States’ application of Schengen rules and for taking decisions on the temporary reintroduction of internal border controls in case of serious threats to public policy or internal security. Moreover, the Commission launched bi-annual debates with the European Parliament and the Council on the political governance of the Schengen area.
What is the Schengen Information System II (SIS II)?
The Schengen Information System (and the second generation of the system – SIS II) is at the heart of Schengen cooperation. As a key compensatory measure for the abolition of internal border checks the SIS II therefore continues to play crucial role in facilitating the free movement of people within the Schengen area.
SIS II allows competent national authorities to issue and consult alerts on persons who may have been involved in a serious crime or may not have the right to enter or stay in the EU. It also contains alerts on missing persons, in particular children, as well as information on certain property, such as banknotes, cars, vans, firearms and identity documents, that may have been stolen, misappropriated or lost.
Being a state-of-the-art IT system and one of the largest of its kind worldwide, it will ensure strong data protection.
It will consist of three components: a Central System, Schengen States’ national systems and a communication infrastructure (network) between the Central and the national systems.
Also on the same topic:
Schengen Information System (SIS II) goes live : http://www.focus-fen.net/index.php?id=n303781
Schengen Information System (SIS II) goes live: http://europa.eu/rapid/press-release_IP-13-309_en.htm
The Schengen Information System entered in operation : http://www.neurope.eu/article/sis-ii-goes-live
– ASYLUM
Statewatch analysis: The second phase of the Common European Asylum System: A brave new world – or lipstick on a pig? (pdf) by Professor Steve Peers, University of Essex.
Several years ago, the EU set itself the deadline of 2010 – later postponed to 2012 – for completing the second phase of the Common European Asylum System (CEAS). Near the end of March 2013, the European Parliament (EP) and the Council (the Member States’ interior ministers) finally agreed upon the texts of the two remaining legislative measures to this end. No further EU measures on asylum (other than a revision of the current European Refugee Fund) are currently under discussion or planned for the time being. So the recently agreed rules will likely govern the issue of asylum in the EU for a number of years to come.
– IMMIGRATION POLICIES
Why immigration is good for Europe
New Europe: “It should be so easy to counter the narrative of racism and xenophobia. You just have to make people meet. Talk. Have an exchange. I could stop here, but I will go a bit more in detail. To fight racism and xenophobia, integration is the key. It is founded on the rights and obligations of third-country nationals AND on the host society, enabling immigrants to fully participate in it. Integration also means encouraging intercultural dialogue and understanding, access to the labour market and social dialogue: all fields in which legislation is very important but not enough.
The progress made in EU integration and anti-discrimination legislation and financing are important, but I remain convinced that it is primarily within organised civil society, which the European Economic and Social Committee (EESC) represents at EU level, that concrete results can be achieved. This has been clearly recognised by European institutions and civil society organisations at large. It is obvious why civil society plays such a crucial role in succesful integration. Governments can create the framework, but integration itself can only occur in the places people meet: in workplaces, schools, clubs and so on. Without local support and understanding it is an empty concept. This is one policy area where the EESC has set the agenda. We pointed out that integration is a complex, long-term social process, with many dimensions and many stakeholders involved, particularly at local level, and we urged local and regional authorities to adopt a range of policies covering education, healthcare and families and allocate sufficient financial resources for these policies to be translated into action.
“Yes, there is a higher rate of crime, unemployment and school drop-out among migrant populations – and it will continue if migrants are still seen as the “others”, as a threat” said one of the participants in our recent conference with the Council of Europe on this issue. While we believe employment is essential to integration, many immigrants still face discrimination in the workplace and their children have higher school drop-out rates. Entrepreneurship could be one of the solutions. In France, for example, migrants are behind more than 50 percent of new start-ups…”
EUROPEAN AGENCIES AND BODIES
Statewatch: Europol: Serious and Organised Crime Threat Assessment (SOCTA) 2013 (pdf) This strategic report is Europol’s flagship product providing information to Europe’s law enforcement community and decision-makers about the threat of serious and organised crime to the EU.
MISCELLANEOUS
Statewatch: Council of Europe: Milestone reached in negotiations on accession of EU to the European Convention on Human Rights (link) Negotiators for the 47 Council of Europe Member States and the European Union have finalised the draft accession agreement of the European Union to the European Convention on Human rights. The EU Court of Justice in Luxembourg will now be asked to give its opinion on the text.
See: Fifth negotiation meeting between the CDDH ad hoc negotiation group and the European Commission on the accession of the European Union to the European Convention on Human Rights: Final report to the CDDH (pdf)
European Area of Freedom Security and Justice News 