WEEKLY BULLETIN
 

17 October 2024
 

 

UPCOMING EVENTS

ONGOING CAMPAIGNS

OPEN JOB VACANCIES

CALLS FOR PAPERS, PROJECT PROPOSALS, UNIVERSITY COURSES etc.
 

• The number of irregular crossings into the EU via the eastern borders increased significantly in the first nine months of 2024 compared to the same period in 2023.
• The Finnish government has proposed to tighten its rules governing detention and entry bans.
• The European Court of Human Rights (ECtHR) has ruled against Hungary in three more cases related to its transit zones.
• The Polish government has adopted a new migration strategy that includes a ‘temporary’ suspension of asylum rights.

The number of irregular crossings into the EU via the eastern borders increased significantly in the first nine months of 2024 compared to the same period in 2023. According to preliminary data that was published by the European Border and Coast Guard Agency (Frontex) on 15 October, the 13,195 crossings that were “detected” on the EU’s eastern borders January-September 2024 represent a 192% increase from 2023 (1,550). The large increase is particularly notable as the overall number of detected irregular crossings into the EU fell by 42% to 166,000 in the same period.

The Finnish government has proposed to tighten its rules governing detention and entry bans. The proposal, which was presented to parliament on 3 October, foresees a number of amendments to Finland’s ‘Aliens Act’, including a six-month extension to the maximum duration of detention preceding deportation (18 months rather than the current 12), a ten-year extension to the maximum duration of temporary entry bans (15 years rather than 5) and the possible withdrawal of residence permits for third country nationals who are staying outside Finland. According to a Ministry of the Interior press release, the proposed amendments would “support the Government’s objectives to tighten asylum policy”, specifically by ensuring the “efficient removal of individuals who are staying in the country illegally”, safeguarding “public order and national security” and preparing for “new kinds of situations that could jeopardise security”. The proposal comes a few months after the Finnish parliament approved the controversial ‘Act on Temporary Measures to Combat Instrumentalised Migration’ (dubbed ‘Pushback Law”) that will allow border guards to push people back across the country’s border with Russia without first allowing them to apply for asylum. ECRE member organisation the Finnish Refugee Advice Centre has published several statements about the proposed amendments to the Aliens Act and, more recently, it launched a petition in which it called for them to be abandoned. “These changes in the law significantly weaken the rights and legal protection of people seeking asylum in Finland,” the organisation wrote. It also called on people to “remind MPs that seeking asylum is never a crime” and to “demand that the detention of asylum seekers is not unjustifiably increased”.

The European Court of Human Rights (ECtHR) has ruled against Hungary in three more cases related to its transit zones. On 3 October, the ECtHR ruled that the Hungarian state violated the rights of ‘A.P’, ‘K.K.S’ and ‘M.H’ when it detained them in two transit zones. According to the rulings, A.P is an Iranian man who entered Hungary in September 2013 and was detained for more than a year in the Röszke transit zone, K.K.S is an Afghan boy who arrived in October 2017 and was detained for 82 days, and M.H is an Afghan boy who arrived in April 2017 and was detained for 86 days. AP will receive € 5,000 in just satisfaction and K.K.S and M.H will both receive € 3,000. Although the transit zones were closed in May 2020 following a ruling by the Court of Justice of the EU, the scale of the human rights abuses that took place during their almost five years of operation have resulted in numerous ECtHR rulings against Hungary. Following the third of the three rulings on 3 October, Szabolcs Miklós Sánta, who represented M.H on behalf of ECRE member organisation the Hungarian Helsinki Committee, said: “This is the 107^th case that the Hungarian Helsinki Committee has prevailed at the European Court of Human Rights,” and “It is the 20^th case in which the Court has condemned the blatantly unlawful practice of detention in transit zones”.

The Polish government has adopted a new migration strategy that includes a “temporary” suspension of asylum rights. The new strategy, which was formally adopted by the government on 15 October, followed an announcement by Prime Minister Donald Tusk a few days earlier that one of the elements of the new strategy would be the “temporary territorial suspension of the right to asylum”. Tusk attempted to justify the move on the grounds that Poland was following the example set by other countries. “The temporary suspension of asylum applications was introduced in Finland in May,” he wrote on Facebook, adding: “It is a response to the hybrid war declared by the whole Union (especially Poland) by the Moscow and Minsk regimes that organized mass transitions of people across our borders” and “The right to asylum is being used instrumentally in this war and has nothing to do with human rights”.

Tusk’s announcement received widespread criticism from various sources, including his own ruling coalition. “We are of the opinion that the right to asylum is ’sacred’ in international law,” said the speaker of Poland’s lower house of parliament, Szymon Hołownia. Elsewhere, Dutch member of the European Parliament, Tineke Strik X posted that the proposed suspension of asylum rights “violates EU law and endangers people who need protection”. NGOs were particularly critical of the move. In addition to describing the announcement as “a new low” for Donald Tusk, Małgorzata Szuleka from ECRE member organisation the Helsinki Foundation for Human Rights described it as unworkable, saying: “It goes without saying that it is legally impossible to suspend the right to asylum”. “I read this statement purely for the purpose of national politics. It is extremely populistic,” she added. ECRE member organisation the Ocalenie Foundation X posted that neither the right to asylum nor human rights more generally were “subject to ‘suspension’” and called on the government to “present comprehensive and, above all, lawful assumptions of the migration strategy and submit it to broad public consultations”. The organisation’s call for consultation was echoed by the Halina Nieć Legal Aid Center. “We are convinced that it is possible to reconcile a wise security policy with respect for human rights guarantees, which is why we hope the government will revise its migration strategy and begin broad expert and social consultations to develop the most effective solutions in this regard,” it wrote in a statement posted on its website.

When he made his announcement on 12 October, Donald Tusk, who had previously served as president of the European Council, said that it was Poland’s “right and duty to protect the Polish and European border”. He also stated that he would “demand recognition in Brussels for this decision”. On 14 October, a spokesperson for the European Commission (EC) told POLITICO that EU member states had “international and EU obligations, including the obligation to provide access to the asylum procedure”. Commenting on the Russian- and Belarusian-led “hybrid warfare” argument that Tusk used to justify the suspension of asylum rights, the EC spokesperson said: “We need to work towards a European solution – one that holds strong against the hybrid attacks from Putin and Lukashenko, without compromising on our values”.

In addition to announcing a temporary suspension of asylum rights in Poland, Donald Tusk also restated his government’s opposition to the EU Pact on Migration and Asylum that was adopted in May. Referring to the Pact, Tusk said: “We will not respect or implement any European, or EU ideas if we are sure that they harm our security,” adding that: “no one will convince me or force me to change my mind”. Two days later, the opposition Law and Justice (PiS) party called for a nationwide referendum on the Pact. Speaking to the Wnet radio broadcaster on 14 October, former defence minister, Mariusz Błaszczak, said: “We will be active, we will go out to the people, we will ask for signatures, and this is the right solution”.

Related articles

• EU EASTERN BORDERS: Major Event for People with Migrant Backgrounds in Estonia ― Council of Europe Urges Finland to ‘Reconsider’ New Migration Law ― Hungarian Prime Minister Repeats Threat to Send Migrants to Brussels ― Prosecutors in Latvia Request 18-Month Prison Sentence for Human Rights Activist ― NGO Sues Polish President Over Asylum Seeker Film Remarks ― Council of Europe Urges Poland to Respect Human Rights Obligations on Border with Belarus (October 2024)
• EU EASTERN BORDERS: Estonian Border Guards to Support Latvian Colleagues on Latvia-Russia Border ― Finland Enacts Controversial New ‘Pushback Law’ ― Hungary Faces Renewed Criticism from Both EC and FRA ― Lithuanian Border Guards to Support Latvian Colleagues on Latvia-Russia Border ― Poland Allows Border Guards to Use Firearms Against People Trying to Cross Poland-Russia Border (August 2024)

     

• A new investigative report has revealed the EU’s indirect involvement in forced deportations from Türkiye to Syria and Afghanistan.
• European Commission President Ursula von der Leyen has called for the development of ‘return hubs’ in advance of an upcoming migration-related discussion in the European Council.
• A leaked Council document has suggested that neither Egypt nor Tunisia are interested in reaching agreements with the EU on migration whereas relations with Libya are developing ‘positively’.
• More than 60 NGOs have called for an end of EU co-operation with Tunisia due to the latter not being a safe place for the disembarkation for people rescued in the Mediterranean.
• More than 310,000 people are estimated to have fled Lebanon and sought refuge in Syria after the recent escalation of the Israel-Lebanon conflict.

A new investigative report has highlighted the EU’s role in helping forced deportations from Türkiye to Syria and Afghanistan. According to the report, which was published by Lighthouse Reports in co-operation with several major news organisations, the EU has “funnelled hundreds of millions of euros into a shadowy deportation system operating just outside its borders”. It reveals that that Syrians and Afghans are being held in EU-funded detention centres where they are subjected to torture and abuse, and then forcibly deported. “I was going to buy household supplies when the Turkish police arrested me,” said one of the former detainees. “In prison, we were severely tortured, beaten and insulted, they also detained us in a refrigerator for up to 12 hours. They forced us to sign voluntary deportation papers,” he added. Commenting on the report’s findings, a former European Commission (EC) official admitted that there had “always been concerns about human rights” regarding the EU’s funding for Türkiye and that he had raised the issue internally for years. “The pushback policies, the return policies, they have been common concerns throughout,” he added. The former EC official’s assessments were echoed by Emma Sinclair from Human Rights Watch. “European leaders are fully aware of what is going on, they just don’t want to get their hands dirty,” she said, adding: “The EU is indirectly facilitating forced returns. They subcontract human rights violations to third countries”. ECRE member organisation Jesuit Refugee Service Europe X posted that the EU should invest in “protecting people fleeing violence, not supporting their deportation into dangerous contexts”.

EC President Ursula von der Leyen has raised the issue of “return hubs” in advance of an upcoming migration-related discussion in the European Council. In a letter dated 14 October, von der Leyen wrote: “We should also continue to explore possible ways forward as regards the idea of developing return hubs outside the EU, especially in view of a new legislative proposal on return”. She also expressed her concerns about possible increased migration stemming from the ongoing conflicts in the Middle East and called for a continuation in the development of “comprehensive partnerships with key third countries”. Further discussions on the various issues raised in von der Leyen’s letter are expected to take place when EU leaders meet on 17 October in Brussels. Commenting on the letter, Dutch member of the European Parliament, Tineke Strik, X posted that von der Leyen’s plan for return hubs “indirectly undermines the right to asylum, solidarity and just adopted migration pact” and “will not work in practice and is inhumane”. She concluded that it was “unbelievable that the Commission as Guardian of the Treaties is acting as a sell out to the toxic ideas of the Member States”.

A leaked Council document has suggested that neither Egypt nor Tunisia are interested in reaching agreements with the EU on migration whereas co-operation with Libya is developing positively. The document, which was drafted by the Hungarian Presidency of the Council of the EU in July and published by the NGO Statewatch, provides an overview of the situation regarding the Central Mediterranean migration route. It notes that Egypt has not shown interest in “concluding a joint statement on migration and mobility” or “negotiations with the EU for an international agreement enabling the exchange of personal data with Europol”. Regarding Tunisia, the document reveals that negotiations with the EU Agency for Law Enforcement Cooperation (Europol) are “ongoing” but that it has “not shown particular interest to negotiate an international agreement with the EU enabling the exchange of personal data (…) since the adoption of the relevant Council authorisation in 2018.” The assessment of Libya is, however, much more optimistic. “The Libyan side is showing commitment to the pressing issues” and “further development of the dialogue is expected,” the document reads.

More than 60 NGOs have called for an end to EU co-operation with Tunisia due to the latter not being a safe place for the disembarkation for people rescued in the Mediterranean. In a joint statement released on 4 October, the organisations wrote: “In view of the rampant human rights violations against migrants, asylum seekers, and refugees in Tunisia, especially those who are Black; Tunisia’s lack of an asylum system; the Tunisian government’s crackdown on civil society, judicial independence, and the media; and the impossibility of fairly and individually determining nationalities or assessing the protection needs of migrants and asylum seekers while at sea, it is clear that Tunisia is not a safe place for the disembarkation of people intercepted or rescued at sea”. The signatories, which include ECRE member organisations the Association for Juridical Studies on Immigration (ASGI) and PRO ASYL, also called on the EU and its member states to “terminate their cooperation on migration control with Tunisian authorities”.

The Lebanese government has estimated that approximately 310,000 people, most of them Syrians, have crossed the country’s border with Syria since Israeli forces invaded southern Lebanon on 1 October. A video posted on X appears to show a large number of people, including women and children, stranded at a border checkpoint between rebel-held and Syrian government areas. According to Middle East Eye, many of the people at the checkpoint had been displaced from the same area in 2011. “These people are mostly from this region,” one activist told the news organisation. “They fled when their homes became a battlefield, and now they are returning only to face another crisis,” they added. People interviewed by Middle East Eye reported that they had been subjected to extortion at various checkpoints. “At each of the countless military checkpoints on the way to the rebel-held area, we had to pay. They would ask us things like: ‘What have you brought us as a gift from Lebanon?’ In total, I paid about $300,” one of them said.

Related articles

• EU EXTERNAL PARTNERS: Investigation Reveals EU Funding Security Forces Accused of Migrant Abuse in Tunisia ― Leaked Report Reveals EU Concerns About Credibility Risk of Migration Co-operation with Tunisia ― European Court of Auditors Report Criticises Use of EU Trust Fund for Africa in Libya ― NGOs Denounce Morocco and Spain for Forced Returns from Ceuta (September 2024)
• EU EXTERNAL PARTNERS: Frontex Denies Involvement in Pushbacks and Defends €400 Million ‘Expansion’ Tender ― Thousands Pushed Back to Niger from Algeria Libya and Tunisia ― Discussions on Closer EU-Egypt Co-operation on Migration ― NGO Report Reveals Pushbacks and Pullbacks in Cyprus and Lebanon ― UN Increases Aid for Sudanese Refugees in Libya (September 2024)

     

• The two Italian migration centres in Albania have finally opened and received their first intake of people seeking asylum.
• A recent ruling by the European Court of Human Rights (ECtHR) may provide encouragement to the people who are stuck in the buffer zone in Cyprus, according to the applicants’ lawyer.
• The ECtHR has ruled that Greece violated the human rights of seven accompanied minors who had been living in a refugee camp on the island of Samos.

The two Italian migration centres in Albania have finally opened and received their first intake of people seeking asylum. The first group of people due to be processed in the centres arrived on 16 October. Italian Prime Minister Giorgia Meloni has described her country’s controversial deal with Albania under which the construction of the two centres has been facilitated as a “new, courageous, unprecedented approach that embodies the European spirit and can be replicated with other non-EU countries”. In a letter to EU leaders dated 14 October, European Commission President Ursula von der Leyen wrote that “with the launch of operations under the Italy-Albania protocol, we will be able to draw practical lessons from this experience”. Contrary to von der Leyen’s apparent enthusiasm for the Italy-Albania Protocol, several human rights organisations have voiced their concerns about the centres. Following the announcement that the centres were finally operational, Amnesty International Italy issued a press release in which it reiterated its “strong concern about possible human rights violations related to the measures provided for in the Protocol”. ECRE member organisation PRO ASYL warned that it was “foreseeable that the Italy-Albania model will also lead to human rights violations such as blanket imprisonment and a lack of legal certainty,” adding: “With the Albania model, the Italian government is deliberately circumventing EU law and undermining the recently adopted CEAS reform”. The International Rescue Committee (IRC) wrote that the first arrivals would represent a “dark day for the EU’s asylum and migration policies”. “The first people to arrive in Italy’s new detention centres deserve better than to be subject to this dangerous political experiment (…) These centres are costly, cruel and counterproductive, and have no place in a humane and sustainable asylum system,” said IRC Italy Country Director Susanna Zanfrini.

A recent ruling by the European Court of Human Rights (ECtHR) may provide encouragement to the people who are stuck in the buffer zone in Cyprus, according to the applicants’ lawyer. In a case relating to two Syrian men who had been pushed back to Lebanon after seeking refuge in Cyprus in 2019, the ECtHR ruled on 8 October that the Cypriot authorities had “essentially returned [the applicants] to Lebanon without processing their asylum claims and without all the steps required under the Refugee Law”. Nicoletta Charalambidou, who represented the two applicants, highlighted the potential importance of the judgment for the growing number of people who are trapped in the buffer zone between the north and south of the country. “At first we saw pushbacks in the sea, now we’re seeing pushbacks in the buffer zone but Cyprus has obligations. It has to provide access to asylum requests wherever they come from and it has to provide dignified reception conditions. It is duty bound to do that under EU and international law,” she said, adding: “This ruling has exposed these illegal practices, and it has set a precedent. It is a perfect win for human rights”.

On 3 October, the ECtHR ruled that Greece had violated the human rights of seven accompanied minors who had been living in a refugee camp on the island of Samos. The cases, which concerned the living conditions in the Samos Reception and Identification Centre, were brought to the ECtHR by two NGOs, Still I Rise and I Have Rights, with support from inter alia ECRE member organisation PRO ASYL. In a press release issued following the two rulings, Giulia Cicoli from Still I Rise, described them as a “historic verdict” because “for the first time the European Court of Human Rights talks about conditions not in line, for any individual, with Article 3 of the Convention”. Cicoli added that the rulings confirmed that “living conditions at the reception and identification centre (RIC) on Samos at the time constituted inhumane and degrading treatment of any individual, regardless of their specific vulnerabilities” and acknowledged the “suffering inflicted by the Greek authorities and supported by the European Union”. She also stated that, unfortunately, conditions on Samos had not improved, despite the closure of the RIC and the opening of the new closed controlled access centre (CCAC) which she described as a “prison where journalists are not allowed” and where minors are “de facto detained around the clock”. Commenting on the ruling, ECRE member organisation Second Tree wrote on Instagram that it constituted a “wake up call for Greece to improve living conditions and ensure that no child is subjected to inhuman or degrading treatment again!”.

     

ECRE Member Organisations

• aditus Foundation, #Safe4All  
• Greek Forum of Refugees, Democracy4all  
• Association for Legal Studies on Immigration (ASGI), Italian Society of Migration Medicine (SIMM) and No More Camps – No to CPRs (Mai più lager – NO ai CPR), Appello per una campagna di presa di coscienza dei medici sulla certificazione di idoneità delle persone migranti alla vita nei CPR  
• Refugee Council, Fair and Humane Asylum System  
• Various, #stopborderviolence on the Polish-Belarusian border

 

Others

• Captain Support UK, Open Letter to the Home Secretary on the Unjust Prosecution of Ibrahima Bah  
• Care4Calais, Far-right hate will not win. It’s time to unite.  
• Collective Aid, Water for All // De L’eau Pour Tou-te-s  
• Conversation Over Borders, Messages of Welcome  
• Conversation Over Borders, Safe Homes, Not Hotels  
• Freedom from Torture, Messages of Support  
• Free the El Hiblu 3 Campaign, Drop the Charges Against the El Hiblu 3!  
• Free the Pylos 9 Campaign, Free the #Pylos9  
• Object War Campaign, Protection for Belarusian Conscientious Objectors Vitali Dvarashyn and Mikita Sviryd  
• Refugee and Migrant Forum of Essex and London, End the Use of Hotels  
• Right to Remain, These Walls Must Fall  
• World Justice Project, European Union Subnational Justice, Governance and Rule of Law Indicators

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