Newsletter - Diciembre 2009 - Número 10 (en inglés)

NATIONAL DEVELOPMENTS

 

GERMANY

Right to stay for long-term ‘tolerated’ foreigners extended
Last week, the Interior Ministers of the German Federal States agreed to grant two more years of stay to foreigners with a ‘tolerated status’ (Duldung) who have had this status for at least eight years or, if having children who are minors, for at least six years. The ‘Duldung’ is a special status containing limited rights granted to those who have been refused asylum but have not been forcibly returned for humanitarian reasons. Because of the duty to denounce that lies upon the social welfare centres in specific circumstances, the duldung often ends up being the only possibility to receive care. The extra two years will be given to find a job and receive a residence permit. NGOs expressed disappointment that, again, there has been no permanent solution to the precarious situation of tolerated foreigners. They are also concerned that sick and disabled people would not be able to make use of the new regulations, as they are not very likely to find jobs.

Sources: ECRE weekly bulletin, 11 December 2009; and Pro Asyl, ‘Ergebnis der Innenministerkonferenz in Bremen’

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UK

Conditions at immigration removal centre “wholly unacceptable”
Conditions at a privately run immigration removal centre have deteriorated so much that they are now "wholly unacceptable" for women and children, the chief inspector of prisons says today. The results of the unannounced inspection in October published on 18 December show that the centre has developed a "more prison-like culture" in the past 18 months and previous fears about the plight of a small number of children and women at this largely male establishment have grown.

Source: The Guardian, 18 December.

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SPAIN

Some modifications occurred in the Spanish Aliens Act in November 2009. Amongst others, this law deems anyone agreeing to house an undocumented migrant (not living at his/her home) in order to allow the latter to be recorded in the local register to have committed a serious offence. This will have significant consequences on undocumented migrants’ access to health care, as being registered in the local register (Padrón) is a sine qua non condition for having effective health care access.

PUBLICATIONS

 

Undocumented Immigrants and Rights in the EU: Addressing the Gap between Social Sciences Research and Policy-Making in the Stockholm Programme?

Undocumented migrants are one of the most vulnerable groups in the EU. This report assesses the main findings and synergies of a selection of EU-funded research projects on irregular immigration and the status of undocumented migrants. It reveals that the results emanating from social science research contrast with the EU policy documents adopted in light of the Stockholm Programme – the third multi-annual programme on an Area of Freedom, Security and Justice. The authors argue that acknowledgement of the findings of independent research is lacking in EU policy, which continues promote a control-based approach to migration that has profound ethical and human rights implications. The report concludes with a set of policy recommendations aimed at overcoming the current inconsistencies in EU and national policies as well as in practices on irregular migration under the mandate of the Stockholm Programme.

Source: CEPS, Special Report, Sergio Carrera and Massimo Merlino, December 2009.

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EU-wide survey of minorities: Mapping Discrimination across Europe

On 9 December, the European Union Agency for Fundamental Rights (FRA) released the results of its survey of over 23,000 individuals from ethnic minority and immigrant groups about their experiences of discrimination, racist crime, and policing in the EU. The results reveal shocking evidence about the discrimination faced by minorities in everyday life; in the classroom, when looking for work, or at the doctor’s.

Source: Fundamental Rights Agency, Mapping Discrimination across Europe, Dec 9, 2009

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CLANDESTINO: Undocumented migration. Data and trends across Europe.

Reliable statistics and updated information are key requirements for a better policy on irregular migration in the European Union. Low quality estimates on irregular migration promote ‘number games’ and the deliberate use of unjustified numbers to dramatize irregular migration.

Aggregating information from the 27 member states of the European Union (EU), researchers estimate that the total number of irregular migrants residing in the EU is likely to be in the range of 1.9 million to 3.8 million. This most recent estimate is based on an improved methodology and should question the estimate of up to 8 million irregular migrants, used until recently in European policy documents.

The use of outdated numbers is often unintentional. Numbers are scarce in a field in which it is difficult to investigate because irregular migrants hide from authorities and are reluctant to talk to researchers for fear of detection and expulsion. As there are indications that the actual number of irregular migrants has declined since the turn of the millennium, the use of outdated numbers leads to an overestimation of the phenomenon. The current situation calls for a more in-depth evaluation of existing policies in line with the new figures. PICUM, a partner of the CLANDESTINO project, is concerned that declining numbers could be misinterpreted: “Declining numbers do not mean declining needs for action on behalf of irregular migrants. They just indicate that solutions may not be as difficult as previously believed.” The European Union is committed to secure human rights of all persons independent of their status, but migration control measures often impede access to basic rights for irregular migrants, making them vulnerable to health hazards, exploitation and criminality.”

For more information, visit http://clandestino.eliamep.gr (country reports and policy briefs), and http://irregular-migration.hwwi.net (database).

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The poorest immigrants subsidize health care for everyone else

Health reform is still under discussion in the US. Currently, legal immigrants who have had their status for less than five years, who work and pay taxes that contribute to US’ health care system will continue to be ineligible to receive federally-funded Medicaid services.

Source: New America Media, Commentary, EunSook Lee, Nov 29, 2009

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‘The Health of People in Australian Immigration Detention Centres’.

“People in immigration detention are frequent users of health services, and there is a clear association between time in detention and rates of mental illness. Government policies internationally should be informed by evidence from studies of the health of this marginalised and often traumatised group.”

Source: Medical Journal of Australia, Janette P. Green and Kathy Eagar, Dec 14, 2009.

NEWS from the HUMA network

 

Sweden

Aftonbladet - a big Swedish newspaper- arrange every year a campaign called ‘Swedish Heroes’ which basic idea is “to give attention to ordinary people's dedication and heroic efforts”. This year, one of MDM Sweden’s national volunteers, midwife Anna Rydmark Venegas, was honored with an award for her work to provide health care to undocumented migrants. Jan Eliasson (former social democratic minister of foreign affairs and former president of UN general assembly) and Nyamko Sabuni (minister for integration, a liberal) introduced and handed Anna Rydmark Venegas her award during the ceremony.

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International Migrants Day – 18 December

International Migrants Day was the occasion for many HUMA network members to communicate. MdM UK, MdM Spain, MdM France, MdM Sweden and SIP (Poland) put the common press release of HUMA network « Stop penalizing humanitarian assistance! » on their website. They also had some other communication and advocacy activities. MdM Portugal wrote its own press release, putting some links to both observatory and legal reports. MDM Netherlands had a huge advocacy action towards the health system and health care providers. It namely seized this opportunity to hand its report “Niet vergeten!” (‘Don’t forget!’, a comprehensive report on access to health care of undocumented migrants: findings, conclusions and recommendations) over to the Chairman of the Health committee of the Dutch House of representatives, Pauline Smeets. MdM Sweden had a big advocacy action addressed to the department of social affairs, together with the platform of organisations for access to health care for migrants. Skop, from Malta, sent us a video on the action that Skop had on that day, on the problem of detaining migrants. MdM Germany did a presentation on MdM’s work with migrants. And MdM Greece had a big lobby action on access to health care for pregnant undocumented women and children of undocumented migrants.

COUNCIL

EU Concil adopts the Stockholm Programme

On 11 December, the heads of state and government of EU Member States formally adopted the five-year Justice and Home Affairs Programme (Stockholm Programme), which outlines the priorities of the EU’s policy in this field for 2010- 2014. Any reference to the possibility of “establishing common standards for taking charge of undocumented migrants who cannot be deported” have been dropped from the Commission’s draft. This illustrates the lack of acknowledgment of undocumented migrants’ basic social rights at EU level.

http://www.se2009.eu/polopoly_fs/1.26419%21menu/standard/file/Klar_Stockholmsprogram.pdf