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NEWSLETTER September 2015 EDITORIAL 2 AEDH NEWS 3 Europe, quo vadis? (press release) 3 The best and worse of Europe (joint press release) 3 INTERVENTION THEMES 4 Asylum and immigration 4 The European Union’s measures and the rise of asylum applications 4 The fight against smugglers: 2nd round of EUNAVOR MED 4 Economic, social and cultural rights 4 Youth unemployment is on the rise in Europe 4 New dispute settlement system under the TTIP? 4 Protection of personal data 4 Smart borders: what are they hiding from us? 4 The Commision has to suspend Safe Harbor ! 4 MEMBER NEWS 5 AGENDA 6 EUROPEAN ASSOCIATION FOR THE DEFENSE OF HUMAN RIGHTS 33 rue de la Caserne 1000 Bruxelles ( Belgique) Tel : +32 (0) 2 511 21 00 Fax : +32 (0) 2 511 32 00 Site Internet : www.aedh.eu Email : info(at)aedh.eu N°278 EDITORIAL by DOMINIQUE GUIBERT Europe, migrants, refugees, what crisis? Crisis of migrants and / or refugees or European crisis? The European Union will have no solution as long as Member States will play hide and seek and constantly pass on the problem to one another. This competition has immediate consequences on the fate of persons arriving at the EU borders. The decision made by the German and Austrian governments to welcome a limited and evenly distributed number of people differs from the decisions made by the Hungarian, Slovakian and Spanish governments (Hungary refusing any settlement, Slovakia only accepting Christians, and Spain claiming not having to do more than what it already does in Ceuta and Melilla to protect Europe). The French Government, although it seems to lean towards the German position, which could be called a «fair and distributed reception» loses credit with a tiny 24,000 in two years, announced by President Hollande during his press conference of Monday, September 7. A number that could be compared with the 200,000 that Germany has already received. As for the government of the United Kingdom, the third “richest” EU Member State, it shyly admitted it could maybe welcome a few hundred… In this discordant atmosphere, fixing limits appears to be a reasonable and realistic choice, limiting the effects on countries, limiting the influx of refugees, limiting refugees to certain social categories. It is perfectly justified to welcome Syrians fleeing a country in the grip of a double dictatorial offensive. But are they the only persons eligible for asylum in Europe? What will become of Eritreans, Somalis, Sudanese? The worse is that this sorting hides behind a fake curtain of generosity, and that the EU prefers creating centres in neighbouring countries because «afterwards it is too late.» We know the price paid by people (torture, extortion, rape, confinement) in Libya, Morocco, etc. Not to mention that Lebanon and Jordan have camps on their territories with millions of refugees without resources or hope. But asylum is universal; it should not be under the threat of quotas or discriminations. The risk here is that dealing with the refugees with numbers will overshadow their fundamental rights. THE EUROPEAN ASSOCIATION FOR THE DEFENSE OF HUMAN RIGHTS While there is indeed a crisis, it is that of global instability and the distribution of wealth. If threatened people wish to seek somewhere to live in safety in Europe, then that is because Europe’s wealth guarantees opportunities unavailable elsewhere. The world as a whole has not yet finished “paying” the price for the criminal war in Iraq; the disastrous situation in Afghanistan; the acceptance of the dictatorships running Eritrea, Sudan, Syria and other countries, particularly in Africa and the Middle East; the illegal occupation of Palestine; and poverty and destitution. If we fail to ask questions, there will always be just as many people pushed into exile; there will be ever more confrontation over what needs to be built: bridges, or walls. It is often said that we should develop the migrants/ refugees’ countries of origin so that they do not want or need to come. This is a short-sighted reasoning. First of all, because development aid has been decreasing over the years. While the objective of the small amount of 0.7% of GDP is achieved by a ridiculously small number of states, the money is used for the benefit of local executives for security and military expenditures, and to open camps for exile candidates. Secondly, because mobility is a right guaranteed by the UDHR and the International Covenants. In opposition to what is often said, development will not control migration, it will only change its nature. Migration is inherent to history, politics, demography and simply to life. Thirdly, because the temporality is not the same. Today’s migration movements have no chance of being changed by the development of tomorrow. NEWSLETTER N°278 SEPTEMBRE 2015 2 EDITORIAL Europe’s civil society has intervened vigorously, but the movement of solidarity is fragile. And if generosity has gained some space, we must not forget that far-right political forces, fascist, racist, nationalist, xenophobic operate to make the most fragile persons believe that this competition between individuals is their future and that the solution is national preference. The picture of a small child washed up on a sandy beach sparked public interest to the migrant question. But we still have hundreds more of these photos in front of our eyes, like those with dozens of corpses stranded at Lampedusa or Cadiz ... The spirit of solidarity is fragile and if we do not want it to disappear we must transform it into a collective political advocacy. AEDH calls for the order of priorities to be reversed so that people are received unconditionally. It is not acceptable to talk about long-term relocation while welcoming measures have to be carried out in the first place. It is not acceptable that the creation of centres in the periphery of the European countries for sorting out is used to limit the opening of humanitarian corridors. AEDH claims the existence of regulatory procedures that take into account equal rights for everyone. Lastly, AEDH calls for the immediate implementation of the directive on temporary protection, which the EU is refusing to apply, even though the text that was adopted would have provided a framework for the resolution of the so called “migrant crisis”, which is, in fact, a European crisis. AEDH SUPPORTS AEDH NEWS Europe, quo vadis ? Press release 23 September 2015 - Is there a migrant and/or refugee crisis ? Or is there a European crisis ? The European Association for the Defence of Human Rights (AEDH) considers that this issue has implications for the future of the European Union, given the powerful consequences of member states’ decisions for the rights of migrants, whether they are fleeing war, repression, poverty or death. Read the press release in French or in English The best and worse of Europe Joint press release 11 September 2015 - In the face of the current humanitarian crisis affecting people fleeing war, persecution and poverty, EPAM (European NGO Platform on Astlum and Migtration) of which AEDH is a member, Social Platform and CONCORD Europe – the three largest coalitions of European NGOs working on development, social rights, asylum and migration – have come together to call on Member State governments and ministers to create a more welcoming Europe. Read here in english only. THE EUROPEAN ASSOCIATION FOR THE DEFENSE OF HUMAN RIGHTS NEWSLETTER N°278 SEPTEMBRE 2015 3 INTERVENTION THEMES INTERVENTION THEMES ASYLUM AND IMMIGRATION The European Union’s measures and the rise of asylum applications September 22, 2015 - The EU Council has finally agreed to implement the relocation procedure proposed by the Commission last May. But the constant increase of the number of asylum seekers threatens the measures adopted by the member states. While the EU directives multiply, treatment inequalities emerge. How to slow the growing influx of asylum-seekers? Read the article The Commission must suspend the Safe Harbor! September 23rd 2015 – In his opinion, the advocate general of the European Union Court of Justice, Yves Bot, argues that the Safe Harbor agreement, which allows the transfer of personal data of European citizens to the United States is “invalid”. Thus, he confirms what the civil society and the European Parliament continuously asserted: the Commission must suspend immediately this agreement which infringes the fundamental rights of European citizens. Read the article The fight against smugglers: 2nd round of EUNAVOR MED ECONOMIC, SOCIAL AND CULTURAL RIGHTS On 24th September 2015, in Rome, Federica Mogherini, head of European diplomacy, has officially announced that the second phase of the operation EUNAVFOR Med will begin on 7th October. Unemployment in the European Union continues its way: Young people are the first affected Read the article PERSONAL DATA PROTECTION Smart borders: what are they hiding from us? September 22, 2015 – As the feasibility of the smart borders project is evaluated and while the public consultation on the subject is still ongoing, the Commission already seems to have some precise ideas for future propositions. One problem though: neither MEPs nor civil society have been informed. Read the article September 23 2015 - The economic and financial crisis has had and still has a negative impact on the European labour market. In 2015, seven years after the beginning of the crisis, the situation seems to be timidly improving but unemployment is still reaching alarming scores. Read the article New dispute settlement system under the TTIP? On September 16, 2015 the European Commission published a proposal for a new dispute resolution system as part of the Transatlantic Trade and Investment Partnership (TTIP). This Investment Court System (ICS) replaces the Investor-to-State Dispute Settlement (ISDS). Read the article THE EUROPEAN ASSOCIATION FOR THE DEFENSE OF HUMAN RIGHTS NEWSLETTER N°278 SEPTEMBRE 2015 4 NEWS OF OUR MEMBER LEAGUES NEWS OF MEMBER LEAGUES Asociación Pro Derechos Humanos de Andalucia (APDHA) denounces the unconstitutionality of the Citizen Security Law (ley Mordaza) and the ineffectiveness of measures presented by the European Union. Press release of the Asociación Pro Derechos Humanos de Andalucia (APDHA) 1st September 2015 - Migreurop Spain, of which APDHA is a member, requires an assessment of the migration policy the Spanish government adopted in the coastal region of Ceuta. Spain Migreurop denounces the incompatibility of the new Citizen Security law - with the international Human rights system, making asylum seekers even more vulnerable. The associations of the region also remind the European Union and the Spanish Government that the shift of media attention to the eastern European borders may overshadow the terrible and increasing events occurring daily on Spanish and Italian coasts. Read the article The Belgian League of Human Rights (LDH) launches a joint awareness campaign on social networks in support of refugees. Press release of the Belgian League of Human Rights (LDH) 10 September 2015 - The Belgian League for Human Rights, Amnesty International, CIRE, the CNCD-11.11.11, Médecins du Monde and other organizations launched a web campaign #RefugeesWelcome #WithOpenArms and set up an online call intended for the Belgian government open to the signature of citizens. THE EUROPEAN ASSOCIATION FOR THE DEFENSE OF HUMAN RIGHTS Defending the rights of refugees, LDH denounces the failure of the EU to provide quick and dignified reception policy regarding refugees and to establish secure channels for migrants who risk their lives every day in the hope of reaching the European continent. LDH emphasizes that the introduction of asylum-seekers reception quotas per country will not solve the problem, as refugees will continue to flee their countries as long as their lives are in danger and that their number will only increase. Read the article The Belgian League of Human Rights (LDH) organizes a cycle of activities around the theme of the protection of personal data. Launching of a cycle of activities 10 September 2015 - The Belgian LDH also launches a cycle of activities on the respect of private life throughout the year, with three introductory days in October. The program includes debates, screenings, exhibitions and concerts. During various conferences, the association will address the challenges, opportunities and obstacles that damage private life and the protection of personal data. Because freedom of privacy is guaranteed to all by the Universal Declaration of Human Rights (Article 12), LDH considers that citizens have to become familiar with their rights, as well as the dangers that are associated to sharing private data, especially in a context of anti-terrorism, fraud, and data-mining. Read the article The French League of Human Rights (LDH) addresses a joint open letter to the President on September 10, 2015. Open letter to the president of the French Republic On September 10 of 2015, LDH sent a letter to the French President on the subject of the migration crisis, co-signed by French and international associations such as Migreurop, Euromed rights - EMHRN or Médecins du Monde. NEWSLETTER N°278 SEPTEMBRE 2015 5 NEWS OF OUR MEMBER LEAGUES AGENDA LDH called the French government to support a general welcoming plan for refugees in all the countries of the European Union. LDH also asks for a suspension of Dublin agreements pending a revision of the text by the European Parliament. The letter is divided into three points: in first instance emergency measures must be taken by the French Government for refugees already living on the French territory, secondly, the EU member states must improve the relocation process of refugees arriving on European continent, and thirdly, an upstream work should be done concerning the people who undertake to make the long journey to Europe. Read the article In Cyprus, the organization KISA launched a solidarity campaign and requires effective measures and safer routes for Refugees. KISA joint call for solidarity 11 September 2015 - The majority of refugees who reached the island of Cyprus, one way or another, fail to acquire the refugee status, although international and European conventions allow them to. On September 9, 2015, the organization KISA visited the refugee camp of Kofinou and complained to the Minister of Interior, after noticing the deplorable conditions in which the refugees lived. The latter had recently declared that he would only accept Christian Orthodox refugees on its territory. The KISA association, in partnership with Action for Equality, Support, Antiracism - Cyprus Community Media Centre - Cyprus Stop Trafficking - Cyprus Caritas Migrant Center – Freedom Dolls and Initiative Against the Fascist Threat, denounce the immorality of the remarks made by Prime Minister and launch a joint appeal of citizen solidarity. KISA urges the Cypriot Government to put pressure on the European Union to adopt quick and effective measures for refugees who flock to the island and on European coasts. Read the article AGENDA OF THE LUXEMBOURG PRESIDENCY Calender of COREPER I et COREPER II meetings. OF THE EUROPEAN PARLIAMENT Plenary Session Strasburg, 5-8 october 2015 Read more Committee on Civil Liberties, Justice and Home Affairs (LIBE) Brussels, 1st October 2015 Brussels, 12 october 2015 : 9:00 to 12:30 Brussels, 13 october 2015 : 9:00 to 12:30 and 15:00 - 18:00 Read more Committee on Employment and Social Affairs (EMPL) Brussels, 12 october 2015 Read more OF THE COUNCIL OF THE EU General Affairs Council Brussels, 16 october Read more THE EUROPEAN ASSOCIATION FOR THE DEFENSE OF HUMAN RIGHTS NEWSLETTER N°278 SEPTEMBRE 2015 6 BECOME A MEMBER HELP US DEFEND HUMAN RIGHTS: BECOME A MEMBER ! HOW TO BECOME A MEMBER ? You will find all the information concerning the process of becoming an individual member here: http://www.aedh.eu/-Become-a-member-.html. Through a large European network, AEDH proposes the creation of a collective sending a strong message: YES, AN ALTERNATIVE IS POSSIBLE! YES, WE CAN TURN EUROPE INTO A PLACE OF RESPECT FOR HUMAN RIGHTS!” Its members are essential to AEDH. With their knowledge and their commitment, individual members strengthen AEDH’s action across Europe. As one of our members, you’ll have: • Free access to a significant body of documents on the situation of human rights in Europe as well as to the activities of AEDH. • The possibility to participate in the creation and implementation of projects of interest on a regular or occasional basis. • The opportunity to participate in a citizens’ project and to make AEDH a strong political actor of the European landscape. CONTACT EUROPEAN ASSOCIATION FOR THE DEFENSE OF HUMAN RIGHTS Rue de la Caserne, 33 1000 Bruxelles Belgique Tél : +32(0)25112100 Fax : +32(0)25113200 Email : info(at)aedh.eu HAVE CONTRIBUTED TO THIS EDITION Dominique Guibert, President and Editor in chief Catherine Teule, Vice-chairwoman Yvonne Ebner Elena Bosshardt Marius Jammes Mickael Molé Layout : Anaïs Kintgen 7