Criminalisation of undocumented migrants, and the Victims of Crime Directive – PICUM

In June Erika, our Human Rights Officer, participated in the workshop ‘Ending the criminalisation of undocumented migrants’ organised by the Platform for International Cooperation of Undocumented Migrants (PICUM), an independent human rights platform dedicated to the advancement of protection of rights of undocumented migrants worldwide.

The theme was selected due to the tendency to view undocumented migrants as criminals, as seen in the terms and discourse used and also the 2015 EU proposal of ‘bombing boats’. The workshop included two plenary sessions, during which Erika gave examples of criminalisation of migrants in Malta using our photo ‘Red carpet to detention!’.

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These sessions were followed by thematic working groups. In view of our own priorities, Erika attended the ‘Borders and Detention’ group where she discussed key issues with NGO representatives from Italy, Spain and the United Kingdom.

The second day was dedicated to PICUM’s Annual General Assembly. The agenda and financial management documents were presented along with the list of new PICUM Members and its new Membership Structure. Following the Assembly, Members were given the opportunity to exchange information and ideas in relation to their work and two short working groups were held on the transposition of the Victims of Crime Directive and related Member legal strategies (see here for our own work on this important Directive).

The final plenary session was dedicated to an exchange of good practices, where some Members shared successful campaigns and the process of reaching their objectives.

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PICUM brings together NGOs working with undocumented migrants. As a platform it encourages organisations to build their capacity, network and exchange good practices.

aditus foundation has been an active PICUM member since 2011.


Improving our strategic litigation work: Estonia workshop

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On 28 May Claire, our Legal Officer, participated in a workshop on Strategic Litigation organised by the Estonian Human Rights Centre (EHRC), an independent human rights advocacy NGO dedicated to the advancement of protection of human rights in Estonia and abroad. The centre was founded in December 2009 and is based in Tallinn.

The workshop was the final step of a project on strategic litigation that also included trainings and study trips over the past 1.5 years. It consisted of discussions on the different means and opportunities of strategic litigation, exchanges of experiences and learning new methods form each other.

Participants

Staff from EHRC and representatives of NGOs from Norway and Malta.

Summary
  • Strategic litigation as a tool for change: experiences from Norway and Malta

The Director of OMOD Norway (The Institution against official discrimination) introduced the activities undertaken by the organisation in the area of non-discrimination. He explained that the situation in Norway with regard to immigration is quite poor, and that discrimination is rampant across all sectors (e.g. labour market, housing, etc.). OMOD’s tools include advocacy, dialogue with the authorities and also strategic litigation.

Claire introduced our work on the Suso Musa case: the context, the case, and the decision. She also discussed our main challenges and achievements and concluded on the follow-up activities to this decision and our policy regarding strategic litigation.

  • Lessons learnt from the study visit to the Polish Helsinki Foundation for Human Rights

The Director of the EHRC reported on this study visit, held earlier this year.

  • Discussions on strategic cases so far in Estonia: obstacles and solutions

The EHRC Director introduced the situation in Estonia regarding asylum and equal treatment. He reported that the situation is very worrying, particularly since within society there is quite a low understanding of relevant issues resulting in public discourse that is very hostile to migrants, especially since the Mediterranean crisis. Estonia receives very few asylum-seekers per year, but recent proposals by the EU Commission could result in a few hundreds of persons being transferred to Estonia in the coming years. Furthermore, Estonia has also refused to participate in the resettlement scheme.

EHCR have concerns about the way asylum-seekers are treated and is aware of push backs at the borders. The detention of asylum-seekers is also an issue of concern. Regarding equal treatment, Estonia transposed EU legislation on equal treatment but only to the minimum required level. It seems that for the moment the law is not effectively enforced.

Conclusion

Although small, this workshop gave us the opportunity to explore strategic litigation policies and activities with like-minded partners. It will feed into the work of our Pro Bono Unit, strengthening our ability to engage in those cases that result in broader institutional or legal changes.


#Freetobeme Malta Gay Pride 2015

On Saturday 30 May we joined our friends and colleagues to march through Valletta for Malta’s 2015 Gay Pride March. Themed #Freetobeme, this year’s Pride was particularly jubilant seeing colourful floats and a more varied crowd.

“We’ve been marching in Malta’s pride for several years now. It’s a great time to meet up with our friends in the LGBTIQ networks, to celebrate our achievements and also to remind Malta of the various communities living around us.” 

Visit our colourful Flickr photo album!

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Workshop on monitoring immigration detention

As part of our on-going efforts to increase our capacity, on 26 and 27 March Claire (Legal Officer) was in Brussels to attend a two-day workshop on monitoring immigration detention organised by the Flemish Refugee Action and the International Detention Coalition (aditus foundation is one of IDC’s Malta members).

The aim of the workshop was to strengthen civil society monitoring of immigration by sharing experiences, challenges and positive practices. The agenda was structured around the publication of ‘Monitoring Immigration Detention: A Practical Manual published last year by Association for the Prevention of Torture, UNHCR and IDC.

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Participants

The workshop was open exclusively to NGOs who have access to and regularly visit places of immigration detention to conduct monitoring. Around 30 participants. Among the NGOs attending : Estonian Human Rights Centre, France Terre d’Asile, Caritas International, JRS, Hungarian Helsinki Committee…

Summary

The workshop focused on three elements:

  • How to develop a monitoring strategy
  • How to conduct a monitoring visit
  • How to do the follow-up of a monitoring visit
Developing a monitoring strategy

A former member of the Swiss National Commission for the Prevention of Torture introduced the practical manual and shared the experiences of the Swiss NPM’s monitoring of immigration detention.

Conducting a monitoring visit

The coordinator for IDC introduced the different methodologies to prepare and conduct a visit. Participants also worked in groups focusing on three challenges when conducting a visit: how to balance monitoring with individual case work, how to effectively monitor with volunteers and how to respect confidentiality).

Four NGOs (Helsinki Foundation for Human Rights, Defence for Children, Hungarian Helsinki Committee and the Belgian Visitors Group) also presented their own monitoring programmes and tools, in order to share and exchange very practical experiences.

Following-up on a monitoring visit

The IDC coordinator introduced the theoretical overview of an internal follow-up (debriefings in team, internal reports, analysis of data, etc.). Participants then divided into groups to work on different subjects, including how to make effective recommendations, how to coordinate with other monitoring bodies and how to analyse data collected during monitoring. Four NGOs (France Terre d’Asile, JRS Romania, Menedek, ASGI) also presented their own advocacy strategies and tools.

This workshop was a very instructive and participatory event and a great opportunity to share experiences with other NGOs. Workshop outcomes will be presented in an online briefing paper with tips and advice for NGOs conducting monitoring of immigration detention.


European Migration Forum: Conclusions & Policy Recommendations

On 30 January we reported our Director’s participation at the first ‘European Migration Forum: Safe Routes, Safe Futures: How to managed mixed flows of migrants across the Mediterranean’. During the Forum Neil delivered a forceful presentation on the human rights challenges the EU should be considering in its discussions on the Mediterranean and access to territory and protection by migrants and refugees. In his presentation Neil also made an urgent appeal to the EU to stop ignoring civil society organisations, and to stop treating them exclusively as service-providers filling the gaps created by Member States’ attitudes towards migrants and refugees.

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We are now happy to share with you the Forum’s final information and documentation, together with a key document containing the Forum’s Conclusions and Policies Recommendations (.pdf). The document highlights 5 cross-cutting recommendations made in the Forum’s 4 workshops, as follows:

  1. the need to carry out a stocktaking exercise of existing EU legal and policy instruments, so as to ensure coherence in law- and policy-making;
  2. accountability and independent monitoring of Member States’ activities to guarantee access to effective remedies and compliance with fundamental rights norms;
  3. development of legal and regular channels to Europe for refugees and other migrants in the form of an ‘EU mobility toolbox’;
  4. respect for the rights of undocumented migrants, the decriminalisation of migration and of humanitarian assistance.

We’re happy to have participated in this Forum, and honoured to have been invited to present our views from the ground.