The Migration and Neighbourhood Policies of the EU: Stronghold Europe - Challenges of a Multi-Polar World

Speech delivered on Mon 8th May 2006

EU and the Global Arena

• In a rapidly globalising world, commerce, labour and crime traverse borders like never before.

• Globalisation like the two-headed God Janus - part opportunity, part threat.

• More choice, lower prices, greater mobility come alongside challenges like migration and organised crime as Europe opens its borders.

• Although 58.2 percent of the world's population - that's more than half the world - lives in democracies, that figure does not include many of Europe's near neighbours like Algeria or Belarus.

• To ensure security and prosperity within and outside its borders the EU has recognised the need for a robust Neighbourhood policy based on respect for common European values like democracy, human rights and the rule of law.

• However Member States have been less vocal in promoting Legal Migration channels to tackle Europe's falling working population.

• Migration issues do not stop at Europe's borders whatever Wolfgang Schauble and his compatriots tell their domestic audiences.

• As Brunson McKinley stated at the IOM High Level Ministerial Conference on Migration in January "It is up to us to make sure that mobility will not take the form of more unregulated migration, with all the associated adverse effects and security challenges, but will instead flow into safe, orderly , humane and productive channels"

Stronghold Europe

• The message we are hearing from populist politicians across Member States couldn't be more at odds with this necessity.

• Instead of opening up the debate on immigration they prefer to close it down, and concentrate on plugging a Stronghold Europe which rejects migrants, and to a large extent, cultural pluralism.

• German interior minister Wolfgang Schauble has indicated that "Whoever continuously doesn't fulfil their integration obligations and doesn't want their children to live like Germans made a mistake by coming to Germany," according to Spiegel Online.

• While French interior minister Nicolas Sarkozy has suggested that would-be migrants must learn the language of their adopted country and accept its social norms - or risk being expelled.

• The Netherlands and the Lander of Hesse and Baden-Wurtenburg have gone a step further and introduced language and "culture" exams that grant citizenship on the basis of cultural criteria by testing compatibility with local norms and values.

• Since the tests were introduced, the number of Dutch immigrants has fallen by 25% while the number of Turks who became German citizens fell by over 20% in the years since this, and other disincentives, were introduced.

Legal Migration

• Solving Europe's economic problems means national governments will have to rethink their desire to shut the gates of Fortress Europe on all-comers.

• How can the Dutch and German governments justify charging up to 500 US dollars for citizenship tests when workers are desperately required to fill skills gaps, contribute to the tax base and counteract the effects of negative growth on the working population?

• We must not forget that "Migrations are necessary", as Kofi Annan remarked recently.

• By 2050 people over 60 will represent more than one-third of all adults in the EU, while the population of countries like Italy could shrink by up to 25%.

• The working population in the 25 EU Member States will likely from 303 million to 297 million by 2020 which will put an intolerable strain on pensions and social services as the tax base dwindles.

• Ageing and shrinking populations in Europe stand in sharp contrast to the situation in developing countries, whose populations are young and growing.

• Economic migration is necessary for sustained economic growth and it is Europe's duty to encourage this at a time when there is increasing competition for migrant labour from other economic blocks.

Advantages of free movement of workers

• The free movement of workers is a fundamental freedom and benefit - not a cause for fear.

• Migration flows following the 2004 enlargement have shown how the free movement of workers within the EU has had positive effects on the European economy as a whole - and especially those countries which did not restrict access to their labour markets.

• The UK, Ireland and Sweden have seen a marked drop in unemployment, a rise in employment and high economic growth as a result of their open policy towards migrant workers.

• There is no evidence of crowding out of national workers by the limited inflow of workers from EU10 Member States. They play a complementary role, alleviating skills bottlenecks in the EU15 Member States and contributing to long-term growth.

• That is why, just last month, four more countries announced that they were lifting restrictions on the free movement of workers from the EU-10. Only Germany and Austria have kept all restrictive measures in place.

EU Policy on Legal Migration

• The Commission has recently joined a growing chorus of Member States who recognise the need for a Common European Migration Policy to tackle economic and security issues in the EU.

• In December 2005, the Commission put forward a policy plan on legal migration setting out actions for the next four years to fulfil the mandate of the Hague programme. There are four areas:

o legislative: There will be a general framework directive detailing basic rights of immigrant workers and four specific directives dealing with the conditions of entry and residence for different types of workers (e.g. seasonal workers; highly skilled);

o non-legislative tools: These will be for the exchange of information i.e. European Migration Network (EMN); European job mobility portal (EURES); proposed new immigration portal.

o integration: measures contained in the 2005 common framework for integration will be followed up.

o third countries: work that needs to be done in conjunction with third countries on issues such as return programmes, combatting brain drain, professional training and linguistic programmes for aspirant migrants.

Liberal Goals

• We need an EU Consensus on legal Migration to replace the current piece-meal approach from Member States. At the moment legal immigration is excluded from co-decision.

• EU migration policy should include a European Green Card - as proposed by Jeanine Hennis-Plasschaert - and short-term working visas for the likes of seasonal fruit pickers to prevent them falling into patterns of illegal migration.

• There have been consistent reports of labour shortages in particular sectors, notably IT, health services and construction. This raises the question of whether there should be a horizontal approach (common rules for all entry) or a sectoral or fast-track approach allowing short-term or quick entry for workers to cope with such shortages.

• Should look to Canada and Australia to see the advantages gained from a managed migration system.

Encourage not Alienate Foreign Migrants

• Europe needs to better integrate current migrants who accounted for more than four-fifths of Europe's total population growth in 2003.

• Xenophobic attitudes that attempt to impose an anachronistic homogeneity on our continent have no place in today's political discourse.

• The only thing we demand of citizens in a liberal democratic society - migrants or native-born - is that they abide by the laws of the land and uphold values like tolerance, democracy and Human Rights which underpin our political system.

• Only then can we enjoy the "Unity in Diversity" promised by the Constitutional Treaty and ensure that each individual's freedom of thought and of conscience is guaranteed in perpetuity.

EU Neighbourhood Policy

• That said, open borders and globalisation are also providing a new challenge for the EU in terms of coordinating and implementing policies to help guarantee freedom, security and justice.

• The Schengen accord seeks to remove border checks on people moving between member states within the EU.

• An important part of this plan was the reinforcement of external border controls and the Schengen Convention, now incorporated into EU law, provided for cross-border police cooperation, information exchange, surveillance and cross-border pursuit.

• However, because menaces like terrorism, human trafficking and organised crime often originate from outside the EU these must be tackled at their source.

• This requires simultaneous, joined-up action at EU and external level - especially in terms of Europe's near-neighbours in the South and in the East who bear disproportionate responsibility for combating these problems.

• These policy areas have a symbiotic connection.

o Efficient border management necessary to fight terrorism and organised crime and improve relations between neighbouring states.

o Independent, efficient judiciaries needed to uphold the rule of law and protect human rights

o judicial cooperation is required to uphold international law and ensure suspects cannot remain beyond the reach of justice.

o functioning asylum and immigration systems are necessary to protect refugees and allow the legal passage of trained workers to areas where they are needed

o Police cooperation essential to combat all forms of terrorism and organised crime and promote security.

• Must also address root causes, particularly poverty and political instability in the developing world - because the hungry and the desperate vote with their feet.

Security and Migration Policies

• The Hague Programme (2004) provides an overall basis for relations with third countries and the main tenets of Europe's external security policy including:

o Promotion of human rights at heart of law enforcement policies

o strengthening institutions and good governance

o migration, asylum and border management by third countries

o support in fight against terrorism

o support institutional capacity in fighting organised crime

• As a result the acquis has developed significantly, through adoption of legislation on migration and asylum, border management and visas, police and judicial cooperation and corruption (and many more).

• Policies have been especially fruitful at level of European Neighbourhood Policy (ENP)

o Action Plans concluded with Ukraine, Moldova, Morocco, Tunisia, Israel, Jordan and the Palestinian Authority

o Action Plans being prepared with Egypt, Lebanon, Armenia, Azerbaijan and Georgia.

• Regional Cooperation has also been strengthened through Baltic Sea Task Force, ASEM and the Euro-Med process.

• Twinning programmes have proved successful in capacity building and sharing expertise within Europe's near neighbourhood.

• Cooperation between Europol, Eurojust, European Police College and Borders Agency has allowed better working agreements to be developed between institutions.

Illegal immigration

• According to EU sources, around half a million illegal immigrants enter the EU every year.

• More than 420,000 illegal aliens were apprehended within the EU in 2004 while 282,480 people applied for asylum.

• Ceuta, Melilla, Lampedusa, Canary Islands - "must not shut the gates of mercy on mankind" (Thomas Gray). More tragedies just waiting to happen.

• The use of organised crime groups to facilitate migration appears to be growing, as does the professionalism and organisation of the groups as they become more experienced.

• The last five years have seen an increase in the number of victims trafficked into the EU, especially for sexual exploitation, particularly through and from Russian Federation, Ukraine, Central and South Eastern Europe.

• The IOM estimates that 78% of trafficked women come from central or Eastern Europe.

EU Immigration Policy

• The EU policy is to develop a common system for immigration and asylum and a single external border control strategy.

• National programmes to control immigration into EU member states have been in existence for decades but it was not until the "Hague programme" was published in 2004 that the EU took an active part in creating a coherent pan-European structure to migration issues.

• In February 2002, the EU Council of Ministers adopted a comprehensive plan to combat illegal immigration and trafficking of human beings in the European Union, including initiatives on visa policy, readmission and repatriation, border management and human trafficking.

• In September 2005, the Commission adopted a new package of measures on immigration and asylum, comprising a proposed directive on common standards on return and three communications on integration, regional protection programmes and migration and development.

• In February 2006 Commissioner Franco Frattini presented proposals for a common European asylum system, to be fully in place by 2010.

• The 3 main objectives are:

o Single procedure: all possible grounds for asylum will be considered in one application.

o Common approach to the information used to make decisions (country of origin information): information will be shared and, in the long term, a common database will be developed;

o Agreed procedure for dealing with asylum pressure points (border areas which may face sudden large influxes of refugees): funds will be made available for emergency measures and expert groups will be set up.

The Liberal View: What needs to be done?

• The right to asylum is guaranteed by the Charter of Fundamental Rights of the European Union. Proposed return policy controversial because it could involve sending people back to countries where they may face torture or worse.

• There should be a moratorium on refusal to accept asylum seekers from so-called 'safe countries'

• Readmission contracts should not necessarily be linked with trade agreements. Undermines development efforts of national governments.

• Particular attention must be paid to Visa Facilitation, especially for the countries of the near neighbourhood in the interests of trade, tourism, and openness.

• The EU's credibility is being steadily eroded by the humiliating procedures we demand of our own neighbours - and of the long queues of silent desperation that stand waiting outside our consulates.

• Rapid reaction to external events essential if EU is to be a key player - strong argument for common EU foreign policy, which would also allow EU to negotiate as a bloc within international organisations

• Greater emphasis on, and investment in, areas that are mutually reinforcing like EU Development Programme, conditional aid, and human rights.

• Most pressing issue is completion of the Doha Development Round of WTO negotiations to bring greater trade parity and provide assistance to LCDs through Aid for Trade and related programmes.

Stakeholder Positions:

The European Council on Refugees and Exiles

• Views the laws so far adopted at EU level as inadequate to ensure protection for refugees and asylum seekers.

• finds that the standards set are minimal, leaving member states too much opportunity for derogation, and lacking the necessary safeguards.

• states that the "absolute respect of the right to seek asylum", promised at Tampere has been totally undermined.

Statewatch

• The UK human rights organisation, has concerns over the EU asylum policy particularly the rules on refusing to accept asylum seekers who come from so-called "safe countries".

• It also regards the standards set for accepting refugees as unacceptably low.

The International Federation for Human Rights

• Has called on the EU to renounce the readmission agreements it has made with third countries such as Morocco, Pakistan and Sri Lanka. It does not believe that the human rights of such returnees can be protected.

Amnesty International

• is concerned that some EU countries are deporting refugees in circumstances where their safety is at risk.

Information on Specific Panel Areas

Human Trafficking

• The fall of the communist governments, the wars in the Balkans, and the "shock therapy" of market economics have given a great boost to the trafficking of human beings, which is a crime and a breach of the European Charter of Fundamental Rights.

• Most commonly used transit countries are Russia, Ukraine, Turkey, Balkans (Sarajevo and Belgrade) and North Africa.

Recent developments

• A framework decision to combat human trafficking was taken in July 2002 and in 2004 the Hague programme called for an action plan.

• This was published in October 2005, together with a communication, giving an integrated approach centred on human rights.

Liberal View: What needs to be done?

• The focus should be on the smugglers, traffickers and criminal organisations involved, not the smuggled and trafficked persons themselves.

• Most legislation currently targets the people who are trafficked and smuggled, not the criminal networks themselves.

Border Control

• Efficient Border Management vital in the fight against terror and migration management

• Tragedy at Ceuta and Melilla is a good example of what happens if systems break down, or are not even in place.

Recent Developments

• A European Agency for the Management of Operational Co-operation at the External Borders (European border control agency), with dedicated funding was established in May 2005.

• It is a co-ordinating body, monitoring land, air and sea borders between member states which supports national authorities with training and risk-assessment.

• The EU is working with Morocco to strengthen border management and is introducing a twinning strategy to combat money laundering and trafficking in persons.

• A border management mission will start work in December to help the Ukrainian and Moldovan authorities stamp out smuggling and trafficking across their common border.

• Visa facilitation and readmission agreements soon to be signed with Russia to cut unnecessary bureaucracy and speed up expulsion of illegal migrants.

• The border control agency FRONTEX was set up last year and is responsible for coordinating policies and training border guards.

• Extension of the Schengen Information System to include biometric data should be operational by 2007.

Liberal View: What needs to be done?

• biometric passports (with appropriate safeguards) in wider use

• Expand FRONTEX mandate beyond cooperation and coordination. However ALDE believes that border guards should remain a national competence - but EU needs to provide more assistance to MS.

Smuggling and Other Forms of Organised Crime

• Failure of institutions like judiciary and law enforcement bodies in weak states and troublespots throughout the world creates a vacuum which can be exploited by organised crime.

Recent Developments

• The EU has supported multilateral agreements like:

o UN Convention on Trans-national Organised Crime and its Protocols

o UN Convention against corruption.

o It has also promoted benchmarking and international standards like the FATF Recommendations on Money Laundering.

• Cooperation with Turkey - record drug seizures in 2005. Encourage greater regional cooperation.

Liberal View: What needs to be done?

• Ever growing sophistication of criminal gangs can only be countered by improved law enforcement and judicial cooperation (both within and without the EU) and greater support for capacity building in third countries.

• EU must support transition to properly functioning democracies, and help root out corruption in legal and police systems.

• extending the work of joint investigative groups, i.e. the collaboration of national investigation units across borders;

• strengthening co-operation between Europol, Eurojust, Frontex (the Europen border agency) and the task force of European police chiefs.

Asylum

• The right to asylum is guaranteed by the Charter of Fundamental Rights of the European Union.

• The EU policy is to develop a common system for immigration and asylum and a single external border control strategy, agreed at Tampere. Tampere set out two steps to achieve this:

• (i) the adoption of minimum EU standards and the limitation of national legislation. This was completed in December 2005 through:

o Dublin II Regulation (2003): established objective criteria for determining which member state was responsible for a particular asylum application and stopped the practice of "asylum shopping";

• Four Directives:

o a) minimum protection for refugees

o b) minimum standards of accommodation, healthcare etc on reception of refugees

o c) common definition for "refugee"

o d) asylum procedures directive guaranteeing minimum level of protection for refugees (adopted 1 Dec 2005);

• (ii) the creation of an EU procedure and uniform status for those granted asylum.

Recent Developments

• In February 2006 Commissioner Franco Frattini presented proposals for a common European asylum system, to be fully in place by 2010.

• The 3 main objectives are:

o Single procedure: all possible grounds for asylum will be considered in one application.

o Common approach to the information used to make decisions (country of origin information): information will be shared and, in the long term, a common database will be developed;

o Agreed procedure for dealing with asylum pressure points (border areas which may face sudden large influxes of refugees): funds will be made available for emergency measures and expert groups will be set up.

• In addition, an asylum cooperation network will be established for the exchange of information and the development of a common set of best practice criteria.

Liberal View: What needs to be done?

• We have concerns over the EU asylum policy particularly the rules on refusing to accept asylum seekers who come from so-called "safe countries".

Return and readmission policies

• Any third-country national who has no legal right, temporary or permanent, to reside in the EU must return to their country of origin.

• This should be done on a voluntary basis but to deal with situations where this is not achievable, the Commission formulated the Return Action Programme in November 2002.

• It sets out proposals for minimum standards for forced repatriation on a short, medium and long-term basis and joint removal of asylum seekers by Member States.

• Readmission agreements are bilateral agreements between the EU and a non-EU country and are designed to facilitate the expulsion of illegal immigrants.

• They introduce an obligation on the non-EU country to readmit, without any formalities, its own nationals and people coming from or having lived in that country.

• In return, non-EU countries receive funds to take back and resettle these people.

Recent Developments

• Four readmission agreements exist at present, with Hong Kong, Sri Lanka Macao and Albania. Negotiations continue with Morocco, Russia, Pakistan, Ukraine, Algeria, China and Turkey.

Liberal View: What needs to be done?

• Proposed return policy controversial because it could involve sending people back to countries where they may face torture or worse.

• Readmission contracts should not necessarily be linked with trade agreements. Undermines development efforts of national governments.

Family Reunification

• Workers in EU countries denied access to their families.

Recent Developments:

• A 2003 Directive sets out the rules by which third-country nationals, legally in the EU can apply for their familes to join them, but by the date of implementation on 3 October 2005, only six member states had put these rules into practice (the UK, Denmark and Ireland are not subject to the directive).

Liberal View: What needs to be done?

• The Commission has indicated that it will take action to enforce implementation in the other 16 member states. This must be enforced.