Informal Council discusses asylum, immigration and sexual exploitation, February 2001

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Series Details 10.2.01
Publication Date 10/02/2001
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On 8-9 February 2001, in Stockholm, the Swedish Presidency hosted an informal ministerial meeting on Justice and Home Affairs. Ministers discussed asylum and immigration, trafficking in human beings, and mutual recognition of court rulings.

Background

Following the meeting, Sweden - which has put immigration and asylum high on its Presidency agenda - announced that 'harmonisation of legal and migration policy issues has now started in earnest.' Emphasising its own commitment, Sweden's Minister for Development Cooperation, Migration and Asylum Policy Maj-Inger Klingvall renewed an annual agreement on Swedish support to the Office of the UN High Commissioner for Refugees (UNHCR), committing Sweden to a SEK 387m (EUR 43m) contribution for 2001. 'Sweden is among the countries that most strongly, and in every connection, emphasise the role of the UNHCR for the world's refugees and its importance in safeguarding the right of asylum', she said.

Although asylum and illegal immigration are different phenomena, they share an ability to raise levels of racism and xenophobia and are both contentious issues in the EU. Although ministers were able to agree in Stockholm that the Union should be open to refugees, thereby deflecting criticism of a 'Fortress Europe' mentality, there are signs that public opinion is increasingly concerned about a perceived influx of 'foreigners'.Examples of racism and xenophobia - both of which run counter to the Union's ethos - have been reported: the UK has seen anti-asylum protests on the streets and in the press; hostels housing asylum-seekers have been attacked in Germany, and concern about immigrants in Austria was a contributing factor in the success of Jörg Haider's far-right Austrian Freedom Party.

The issues of asylum and, particularly, (illegal) immigration cannot be discussed in isolation. They impact on other Union policies, including the Single Market and free movement, the fight against organised crime, the protection of women and children, the internet, enlargement, external relations and employment.

The advent of the Single Market with its promise of free movement, and the development of the Schengen Area (of which all EU Member States other than Ireland and the UK are now members) were thought by some to be an invitation to illegal immigration and organised crime. Indeed, the UK opted out of the Schengen Convention precisely because of fears that the Union's other external borders were not policed as effectively and to the same standards as those of the British Isles. (Doubts have, however, been expressed as to the effectiveness of the UK's own border controls - see House of Lords: Select Committee on European Communities: Schengen and the United Kingdom's border controls).

Europol is reported to believe that smuggling women and children into Europe for use in prostitution and pornography is a more lucrative source of money for organised crime than dealing in drugs. Estimates of the number of illegal immigrants vary: between 400,000 - 500,000 are quoted, but the European Commission is reported to estimate that each year some 500,000 women are forced into the sex industry in the EU. In January 2001, the Commission published proposals for two framework decisions: 'Combating trafficking in human beings and combating the sexual exploitation of children and child pornography' (COM (2000) 854). The use of internet technology to promote access to pornography and stimulate demand for it, is also of concern, and is being addressed by a Safer Internet Action Plan.

Ministers in Stockholm proposed the following measures for tackling the problem of trafficking in human beings:
- improve Europol and make its activities more efficient
- fund projects working to combat trafficking
- cooperate with non-EU countries, from which the victims often originate
- establish common legislation

The Union's wealth is undoubtedly attractive to many people from outside the EU, who see an opportunity to improve their lives. Although many illegal immigrants end up taking poorly-paid jobs, there is a growing need for skilled workers to fill the gaps created by an ageing population and a more information technology-based environment. Populations in Europe are forecast to fall - in some cases by 25-30&percent;. A report from the UN's population department is claimed to state that Europe will need 160 million immigrant workers by 2025 to support its rapidly ageing population. Yet Germany's recent attempts to bolster internet businesses by employing skilled foreign workers, many from India, under a 'green card' scheme have raised objections and concerns about its immigration policy.

Although potentially unpopular, the EU may have to increase its intake of legal immigrants to meet skills shortages; such a move would, however, be unlikely to reduce illegal immigration, which is generally associated with unskilled people and with the sex trade.

Increasing illegal immigration into the EU has been blamed on the removal of internal EU borders under the Schengen Convention, and the opening up of Eastern Europe following the collapse of Communism.

The most popular routes into the EU are reported to be from Albania, Tunisia or Morocco into southern Europe; from Bosnia, Croatia and Slovenia into Italy and Austria, and from Turkey into Germany. A new route is apparently opening from Russia into Finland. The Balkans are thought to be the route taken by 10&percent; of the EU's illegal immigrants and are the focus of much anti-smuggling activity. Cooperation to combat illegal immigration was called for at EU summits in Tampere, Feira and Nice; in November 2000 EU and regional leaders met in Zagreb to discuss greater co-operative actions against organised crime.

Italy and the UK have taken a number of bilateral actions, including creating an EU liaison officer network in the Western Balkans.

With the prospect of the Union's borders being considerably extended over the next few years following EU enlargement, concern has been raised over the ability of Candidate Countries to provide effective border controls and to deter organised crime. To improve police, customs and judicial cooperation, a Pre-accession pact on organised crime was signed in 1997. The Stockholm meeting discussed cooperation with Candidate Countries and the need for them to be integrated into the development of an EU asylum and immigration policy. Candidate Countries will be invited to the formal JHA Council on 15-16 March.

The UK feels particularly vulnerable to asylum applications and associated illegal immigration. During the Stockholm meeting, the British Home Secretary, Jack Straw, presented UK proposals for dealing with the problem. (Earlier in the week, the bilateral measures had been agreed by the UK and France, which will allow immigration officers from each country to operate at both ends of the cross-Channel Eurostar train service). The UK wants to reform the 1997 Dublin Convention (currently under review by the European Commission) to ensure that it works as intended and that asylum applications are processed in the first EU country an asylum seeker enters, rather than being passed to another Member State.At present, a process of 'asylum shopping' often takes place, with people apparently being left to seek asylum in whichever Member State they prefer.

The Swedish Presidency wishes to ensure that 'Asylum seekers, individuals in need of protection and others who want to settle in or visit our countries should . . . receive a similar assessment of their reasons and an equally good reception irrespective of what country they turn to.'

The UK has also called for a new approach to the 1951 United Nations Convention relating to the Status of Refugees.However, Ruud Lubbers, UN High Commissioner for Refugees, warned that the EU was in danger of eroding the Convention. 'We have to share the burden in a fair way, but Europe is a very prosperous continent. There is a substantial capacity to receive higher numbers of asylum seekers. But there is a lack of generosity, a lack of funds.'

The informal Council also discussed the issue of cooperation in civil law. Agreement was reached under the French Presidency on an action programme aimed at improving the principle of mutual recognition, with the aim of ensuring that a judgment made in one Member State will be valid throughout the EU. In Stockholm, ministers agreed to pursue the implementation of the action programme and to initiate a project on indisputable claims (cases in which the apportionment of blame has not been called into question).

Provisional figures from the United Nations High Commissioner for Refugees (Asylum applications submitted in Europe, 2000) indicate that 25 European countries received 471,000 asylum applications in 1999 and 452,000 in 2000.

EU Member States received 387,000 in 1999 and 390,000 in 2000.

Within the EU, 97,900 applications were received in the UK (22&percent; of the total number of applications lodged in Europe); 78,800 in Germany (17&percent;) and 43,900 in the Netherlands (10&percent;).

In both 1999 and 2000, most asylum seekers in Europe were from the Federal Republic of Yugoslavia, Iraq and Afghanistan.

In relation to the total national population, Slovenia received the largest number of asylum seekers (4.7

applications per 1,000 inhabitants), followed by Belgium (4.2) and Ireland (2.9).

Because of its relatively high number of asylum seekers, Belgium - which takes over the EU Presidency in July 2001 - is expected to follow Sweden's lead in pursuing immigration and asylum issues. Agreement on common minimum rules for protecting refugees and other people in need is scheduled for 2004.

Further information within European Sources Online:

European Sources Online: In Focus: Concern over the new government in Austria, February 2000
European Sources Online: Topic Guide: Justice and Home Affairs, January 2001

European Sources Online: European Voice:
- 8.2.96: Living up to a border-free commitment- 21.3.96: Snail's progress to a border-free EU- 11.7.96: Split over plan to abolish EU border controls- 6.2.97: Schengen-EU marriage not so convenient- 10.7.97: Spot of bother at the border- 31.7.97: Low-key start for new asylum rules- 12.2.98: Schengen members get cold feet- 14.1.99: Germany to press for shake-up in EU asylum rules- 8.4.99: Schengen approaches the final frontier- 29.4.99: Union takes first steps towards 'an area of freedom, security and justice'- 1.7.99: Finns reject EU-imposed refugee quotas- 13.1.00: Applications for asylum in EU falling- 18.5.00: Plan to harmonise treatment of refugees- 25.5.00: EU to start negotiations on 'readmission' deals- 15.6.00: Candidates move to counter fears of crime explosion- 14.9.00: Bid to harmonise asylum seekers' rights- 23.11.00: Split over plans to combat traffic in human beings- 23.11.00: Vitorino back-tracks on immigration plan

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

European Commission: DG Employment and Social Affairs
- Homepage
- Fundamental rights & anti-discrimination

European Commission: DG Enlargement
- Homepage

European Commission: DG Information Society
- Homepage
- Safer Internet Action Plan

European Commission: DG Justice and Home Affairs
- Homepage
- COM(2000) 782: Biannual update of the scoreboard to review progress on the creation of an area of 'freedom, security and justice' in the European Union (second half of 2000)
- External relations and Enlargement
- Immigration and asylum: Community responsibility
- Press releases
- Daphne
- Falcone
- Odysseus
- STOP

European Commission: DG Press and Communication Service: RAPID
- 6.4.00: António Vitorino: Common European Asylum System: Conference on a new Aliens Act
- 7.4.00: Romano Prodi: Inauguration of the European Monitoring Centre on Racism and Xenophobia
- 24.5.00: Temporary protection in the event of a mass influx of displaced persons
- 20.9.00: Commission adopts a proposal on minimum standards on procedures in Member States for granting and withdrawing refugee status
- 22.11.00: Asylum and immigration debate

SCADPlus:
Union policy: Area of freedom, security and justice
Union policy: Free movement of persons
Enlargement: Pre-accession pact on organised crime

Swedish presidency of the European Union
Homepage
- 8.2.01: Agreement on Swedish support to the UNHCR
- 8.2.01: EU open to refugees
- 8.2.01: Important to reach the goal of harmonising EU asylum and migration policy - agreement on concrete measures at the Stockholm meeting
- 8.2.01: Increased tempo in the fight against crime in Europe
- 8.2.01: Lunch discussion on cooperation with candidate countries and measures to counteract illegal immigration
- 9.2.01: EU Justice and Home Affairs Ministers in agreement on the need for prompt legislation to combat trafficking in human beings
- 9.2.01: Green light for EU Justice Ministers to adopt mutual recognition of judgments
- 9.2.01: Informal ministerial meeting on Justice and Home Affairs in Stockholm on 8-9 February 2001
Theme for ministerial meeting in Stockholm: Immigration and the fight against crime
We are combating trafficking in women and children [pdf]

BBC News:
- 7.12.99: Seeking asylum: A broader outlook
- 25.1.00: Head to head: Is Britain a soft touch for refugees?
- 19.6.00: Trafficking: A human tragedy
- 2.8.00: Italy's sexual slave trade
- 6.2.01: Asylum seekers: Europe's dilemma
- 7.2.01: Asylum seeker figures
- 9.2.01: EU tackles sex trade
- 9.2.01: Green cards spark immigration debate
- 9.2.01: Q&A: New laws on asylum
- 9.2.01: Sarajevo: Gateway to Europe
- 9.2.01: UK and France strike asylum deal

The Guardian:
- 21.4.00: An A-Z of asylum seekers
- 5.2.01: Grim war on human traffickers
- 5.2.01: UK and Italy move to stem illegal entrants
- 7.2.01: Can't let them stay, can't send them back. It's a dilemma
- 7.2.01: EU looks at Straw's idea to curb migrants
- 9.2.01: EU unites to get tough on immigrants
- Special Report: Refugees in Britain

The Observer
- 28.1.01: Bosnia's corrupt elite grow fat on human cargo smuggled to West
- 28.1.01: People trade makes Bosnia rich
- 4.2.01: Closing Europe's back door

European Migration Information Network
Homepage

European Refugee Fund
Homepage

Europol
Homepage

International Organisation for Migration
Homepage
Migration Web

Odysseus Network: Academic network for legal studies on immigration and asylum in Europe
Homepage

Refugee Council
Homepage

Refugeenet
Homepage

United Kingdom: House of Lords: Select Committee on European Communities: Seventh Report: Schengen and the United Kingdom's border controls, 1999).

United Nations
- Home page
- Asylum applications submitted in Europe, 2000
- High Commissioner for Refugees
- United Nations Convention against Transnational Organized Crime
- Convention relating to the Status of Refugees

Further and subsequent information on the subject of this In Focus can be found by an 'Advanced Search' in European Sources Online by inserting 'asylum', 'immigration' or other appropriate terms in the keyword field.

Eric Davies
KnowEurope Researcher
Compiled: 10 February 2001

On 8-9 February 2001, in Stockholm, the Swedish Presidency hosted an informal ministerial meeting on Justice and Home Affairs. Ministers discussed asylum and immigration, trafficking in human beings, and mutual recognition of court rulings

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