migration Archives - Page 6 of 7

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!’.

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.

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.

Integration Café – Malta Integration Network II

Erika, Carla and Neil at the Integration Cafe

On the 26th of June, 2015 aditus foundation put together an NGO space that showcased our findings of the MIN II Project contained in our new publication Malta Integration Network II: Policy Indicators for Migrant Integration.

Together with our project findings, the Integration Café exhibited other materials on integration that have been developed by us and other civil society organisations. Materials published by the Jesuit Refugee Service Malta, PHROM and SOS Malta, as well as the Joint NGO Submissions to the Public Consultation on National Migrant Integration Strategy 2015 – 2020, were made available to the public.

In a conference room adjacent to the Cafe, the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties (MSDC)’s National Conference on The Integration of Third Country Nationals in Malta took place.

Neil, our Director, represented civil society working with migrants in a panel discussion focusing on Where are we now? Current Challenges and Considerations, whilst our guest Thomas Huddleston, Policy Analyst, Migration Policy Group, was a keynote speaker focusing on Malta and the Migrant Integration Policy Index (MIPEX) 2015 in practice.

Neil presenting our recommendations

For more information on the project and its recommendations email: carlacamilleri@aditus.org.mt

With the co-financing support of the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties (MSDC).

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Thomas Huddleston, MIPEX

Improving our strategic litigation work: Estonia workshop

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.

aditus Director meets the German President

As part of his state visit to Malta, German President Joachim Gauck met with NGOs working with refugees and migrants in order to discuss the current national and regional situations. On 30 April aditus’ Director met the President, together with his accompanying delegation composed of German MPs, media and government officials. We were invited together with JRS Malta, the Foundation for Shelter and Support to Migrants, Andreas Gemeinde Malta, Integra Foundation. Also present were UNHCR Malta and the European Asylum Support Office (EASO).

During the meeting, Neil and his NGO colleagues highlighted the difficulties faced by asylum-seekers, migrants and refugees in Malta. Neil emphasised that the present calm, due to all rescued migrants being taken to Italy, should not be interpreted as that Malta’s challenges are over but should be taken as an opportunity to revise legal frameworks, structures and policies in order to prepare for possible arrivals.

The NGOs drew the President’s attention to Malta’s detention regime, emphasising that desperate refugees fleeing wars and persecution are locked up in terrible conditions with little or no provision of psychological or other support and dependant on NGOs in order to receive information or advice about their situations.

The President was also interested to hear why refugees do not remain in Malta but chose to move on and go to other Member States, such as Germany. Neil expressed his sadness that Malta, a beautiful, safe and prosperous country, was unable to offer a home to men, women and children fleeing human rights abuses.

Together with his colleagues, Neil referred to on-going discussions on the formulation of a national integration policy and expressed hope that this policy will give refugees and migrants a reason to see Malta as a potential home. Finally, the NGO group shared ideas on what Germany could offer in terms of solidarity and support with Malta, including increased internal relocation possibilities, technical support, re-opening of discussions on the Dublin III Regulation.

We are extremely honoured to have been invited to this meeting, and look forward to seeing Germany offer Europe what is desperately needed: political leadership to effectively and humanely tackle migrant deaths at sea.

Our Legal Intern attends PICUM’s Working Group on Migration Policies

On 5th December Claire, one of our Legal Interns, attended the first meeting of PICUM’s new Working Group on Migration Policies. The meeting was a key opportunity for PICUM members to coordinate and promote actions to support PICUM’s migration policy work and to provide substantial evidence and recommendations to policy makers.

Participants

PICUM’s staff and representatives of very diverse NGOs from Spain, Belgium, Cyprus, Greece, Italy, France, Netherlands, Portugal, Spain, UK and Malta.

Summary

2 topics were discussed:

Transpositions and implementation of the Returns Directive (2008)

A short Directive overview was provided: its positive aspects (voluntary departure, monitoring of forced returns, reduction of maximum detention periods across the EU, etc.), its shortcomings (detention conditions, no systematic use of alternative to detention, not independent forced return monitoring system, effectiveness of the return policy..).

After this presentation participants engaged in a short discussion about FRONTEX and the Charter of Fundamental Rights, with an agreement to try to obtain national information on forced return operations with a focus on monitoring, treatment of vulnerable persons, and implementation of FRONTEX Code of Conduct.

Criminalisation of migration and its impact on migrants’ fundamental rights

A presentation of the Spanish campaign ‘Save the Hospitality’ was delivered as a good practice of a campaign against such criminalization. This was followed by a discussion on the Mos Maiorum operation.

Our participation at this Working Group is an important part of our own capacity-building efforts, as well as our commitment to contribute towards the improvement of human rights legal and policy standards.