Welcome to the new PICUM newsletter, where we will update you about issues concerning undocumented people once a month. The updates will focus on systemic issues including regularisations, criminalisation of solidarity, detention and returns, labour rights and channels, access to health-care, access to justice, undocumented children and families.

Let us know what you think of our newsletter on communications@picum.org.

ADDRESSING THE COVID-19 PANDEMIC AND ITS IMPACT ON MIGRANTS 

[Français] [Español]

Undocumented people in Europe are among those most exposed to COVID-19, and among the least protected. At PICUM we have put together a webpage which gathers statements and resources from civil society organisations and international agencies to alleviate the negative effects of the pandemic on migrant communities and those who help them. The webpage includes our call to protect undocumented people, including through prolonged residence permits, an end to detention and a moratorium on deportation, and safe access to health care for all.

Calls to protect migrants from the pandemic have also come from a joint statement from  international organisations - the World Health Organisation, the UN Human Rights Office, the UN High Commissioner for Refugees, and the International Organisation for Migration. The UN Rapporteur on Trafficking in Human Beings and the UN Rapporteur on the Human Rights of Migrants called on governments to adopt urgent measures to protect migrants and trafficked persons in their response to COVID-19. The Council of Europe Commissioner for Human Rights further called on Council of Europe countries to release people who cannot be returned from immigration detention and to protect their health against the virus.

The European Web Site on Integration has also published a new webpage on the impact of COVID-19 on migrant communities. The webpage has a number of examples of local initiatives on migrant community outreach, protection and living conditions, residence and work permits, social connection and language learning, as well as some country-specific resources and news.

Our April newsletter includes further highlights in the different thematic sections regarding measures taken by governments to support undocumented people in this pandemic, and outstanding challenges for this population.

EU KICKS OFF NEW NAVAL OPERATION lRINI TO POLICE ARMS EMBARGO ON LIBYA

[Français] [Español]

EU member states have agreed to start the EU military operation Irini to monitor the UN arms’ embargo on Libya. It will have air, naval, and satellite assets but will not have a search and rescue mandate. The new mission will only patrol the eastern part of the Libyan coast, which sees fewer departures of migrants than other parts, as a way to appease fears from Austria, Hungary and other countries that a search and rescue (SAR) mission would push more people to try and cross the Mediterranean, contrary to available evidence. People rescued at sea will be only disembarked in Greece and then relocated on a voluntary basis among member states.

NEW REPORTS EXPOSE FRONTEX RESPONSIBILITY IN PUSHBACKS TO LIBYA

[Français] [Español]

A recent investigation by The Guardian reveals coordinated efforts involving Frontex, Operation Sophia and the Libyan Coast Guard to prevent migrants boats from reaching EU waters and to return them to Libya. The investigation includes intercepted audio from Operation Sophia and unpublished letters.

MEDIA REVEAL SECRET SITE TO DETAIN MIGRANTS IN GREECE

[Français] [Español]

An investigation from The New York Times has exposed the existence of a secret site in northeastern Greece to detain migrants who entered the country from the Turkish border. Migrants are held with no possibility to claim asylum or speak to a lawyer, and are then deported back to Turkey. Advocates report the detention site is only one of several measures put in place by the Greek government to prevent further arrivals. One of such measures is the suspension of all asylum claims, which has led human rights experts to question the border management operations of Frontex in the region.

In the meantime, the Global Legal Action Network and other NGOs are planning to conduct investigations and take legal action against those responsible for the violations of migrants’ rights in Greece and the attacks against humanitarian actors.

EU-AFRICA STRATEGY: EUROPEAN COMMISSION PUSHES FOR BORDER CONTROL AND RETURNS 

[Français] [Español]

In a joint communication on the future of EU-Africa relations, the European Commission and the European External Action Service underlined the importance of preventing irregular migration, and fighting smuggling and trafficking as key priorities. The two institutions further stressed the need to improve cooperation on returns and readmissions, including through readmission agreements. The communication will be discussed by EU member states in the coming months with a view of adopting European Council conclusions.

FRANCE: CHILDREN LEFT IN LIMBO DESPITE COVID-19

[Français] [Español]

At least 120 unaccompanied children continue living in squats in the French departments of Bouches-du-Rhône (Marseille) and Hautes-Alpes (Gap), with dozens others living rough. Leaving these children, many of whom are undocumented, out of shelter and essential services is a clear human rights violation, and it is also weakening the authorities’ response to the pandemic, according to Human Rights Watch.

ADVOCATES CALL FOR SWIFT RELOCATION OF UNACCOMPANIED MINORS FROM GREECE

[Français] [Español]

Dozens of European civil society organisations, led by Refugee Rights Europe, have called EU member states to urgently relocate unaccompanied children from the overcrowded reception centres in Greece. In the meantime, the EU Commission agreed to put in place a process to ensure the protection and care of unaccompanied children on the Greek islands. Germany, France, Luxembourg, Finland and Portugal stated their willingness to relocate some unaccompanied children from Greece, with Germany leading a “coalition of the willing” to relocate up to 1,500 children.

NEW REPORT HIGHLIGHTS RISKS FOR MIGRANT CHILDREN IN EUROPE 

[Français] [Español]

A new report by the EU Fundamental Rights Agency analysing the situation of children in migration in 2019 highlights ten main challenges migrant children face. These include being stranded, pushed back (violently), bad hygiene and sanitary conditions in hotspots, immigration detention, forced return, and trauma caused by harsh treatment from the authorities.

Earlier in March, Spanish newspaper El Pais had denounced the extremely poor conditions in which unaccompanied children are being held in a reception centre in Melilla. The Huffington Post (UK) also reported on the different places where children are being detained across Europe.

NEW REPORT UNVEILS WIDESPREAD HARASSMENT OF PEOPLE HELPING MIGRANTS 

[Français] [Español]

Amnesty International published a new report on the prosecutions and harassment of people helping migrants in Europe. The report discusses cases of people facing charges between 2017 and 2019, in Croatia, France, Greece, Italy, Malta, Spain, Switzerland, and the UK. It shows how policies meant to prosecute criminal smuggling networks are being misused against people who help migrants.

EUROPEAN COURT RULES DEPORTATION CONTRARY TO RIGHT TO FAMILY LIFE 

[Français] [Español]

In the case Makdoudi v Belgium, the European Court of Human Rights ruled that Belgium violated the right to family life of the applicant (a Tunisian national) by issuing a deportation order against him without considering that he was the father of a Belgian child. In particular, the Court found that the authorities had failed to show that his removal was necessary or proportionate to the aims pursued.

300 PEOPLE RELEASED FROM IMMIGRATION DETENTION IN THE UNITED KINGDOM  

[Français] [Español]

About 300 people have been liberated from immigration detention centres in the UK. The release follows a joint letter from ten organisations to the British Home Office, calling for the release of people in immigration detention, citing the risk of an uncontrolled outbreak of COVID-19 in the centres. It is estimated that over 900 people are currently being held in immigration detention, as reported in the Guardian.

UN RECOMMENDS NORWAY GRANTS ACCESS TO HEALTH CARE TO UNDOCUMENTED PEOPLE 

[Français] [Español]

The UN Committee on Economic, Social and Cultural Rights expressed concern at restrictions in national law limiting access to primary health care for people in an irregular situation in Norway, highlighting their damaging effects on people’s health. The committee urged Norway to take steps to ensure that everyone can access primary health care in Norway, regardless of their residence status. Norway has two years to report back to the committee on its implementation of this recommendation.

IRISH GOVERMENT ASSURES NO IMMIGRATION ENFORCEMENT FOR PEOPLE ACCESSING  COVID-19 HEALTH CARE

[Français] [Español]

The Department of Justice has confirmed that there will be no data sharing between government departments on undocumented migrants. This means that undocumented people can safely access health care, for instance when seeking preventative care related to COVID-19. Moreover, a person's immigration status will not be affected if they apply for social welfare payments at this time.

ITALIAN MINISTER OF AGRICULTURE CALLS FOR REGULARISATION OF MIGRANT FIELD WORKERS 

[Français] [Español]

The Italian Minister of Agriculture has called for a regularisation of migrant workers as a way to counter a likely labour shortage in the Italian fields, as many migrant workers left the country due to the COVID-19 pandemic. The calls came after the Minister of Interior Affairs prolonged the temporary residence permits for migrant workers already in the country.

IRISH ADVOCATES CALL FOR HEALTH AND SAFETY MEASURES FOR AGRI-FOOD WORKERS

[Français] [Español]

PICUM member Migrant Rights Centre Ireland has called on the Irish government to ensure health and safety measures are upheld in those sectors, including the agri-food industry, where people are still required to work in the current pandemic. Many of the workers in the agri-food sector are migrants and have reported that physical distancing and hygiene facilities are lacking in many cases. More calls from other civil society organisations across Europe can be found here.

NEW REPORT EXPLORES INNOVATIVE MODEL TO ENSURE LABOUR RIGHTS IN SUPPLY CHAINS

[Français] [Español]

Focus on Labour Exploitation (FLEX) in the UK has published a new report on models to address labour abuse in supply chains. This scoping research explores ‘worker-driven social responsibility’ (WSR) as a tool for ensuring decent work in supply chains, which targets companies at the top of supply chains instead of direct employers, and has demonstrably improved working conditions in a range of contexts. The report discusses why new models for addressing labour abuse in supply chains are needed and whether the WSR model could be suitable to the UK, especially to sectors where outsourcing is common.

EUROPEAN COMMISSIONER FOR HUMAN RIGHTS DEFENDS MIGRANTS' RIGHTS IN NEW EU MIGRATION PACT 

[Français] [Español]

The Council of Europe Commissioner for Human Rights, Dunja Mijatović, addressed a letter to the European Commission with key recommendations for the upcoming Pact on Asylum and Migration. The letter stresses the importance of saving lives at sea, centering cooperation with third countries on human rights accountability, protecting rights at borders and combating pushbacks, investing in alternatives to detention and ending child detention and defending human rights defenders protecting the rights of migrants in the EU.

PORTUGAL GRANTS TEMPORARY STATUS TO ALL UNDOCUMENTED PEOPLE WITH PENDING RESIDENCE APPLICATIONS

[Français] [Español]

At the end of March, the Portuguese government decided to grant residence status to everyone with a pending residence application in the country (for a residence permit under any grounds, including asylum seekers), until 1 July. People granted permits will be able to access health care and all other public services, on equal terms as any other permanent resident in Portugal.

NEW STUDY ENDORSES GENEVA PLAN TO REGULARISE UNDOCUMENTED WORKERS

[Français] [Español]

A recent independent study has shed light on the positive effects of the Geneva programme Papyrus to regularise undocumented workers living in the Swiss city. The study found that 2,390 people were regularised from February 2017 to December 2018 (mainly domestic workers), bringing some 5.7 million Swiss francs more in payments to social insurance, with only 0.8% people temporarily accessing social benefits. More in our blog.

UK CAMPAIGNERS CALL ON GOVERNMENT TO GRANT LEAVE TO REMAIN TO MIGRANTS

[Français] [Español]

A coalition of 37 civil society organisations have urged the British government to grant leave to remain for all asylum-seekers and undocumented migrants to ensure equal access to healthcare, housing and food for all amidst the COVID-19 epidemic.

NEW EU GENDER EQUALITY STRATEGY RISKS LEAVING MILLIONS OF PEOPLE BEHIND

[Français] [Español]

The European Commission recently published a new Gender Equality Strategy for 2020-2025, which aims at achieving greater equality between all men and women across Europe. PICUM welcomes the EU’s adoption of a gender strategy and its important focus, among others, on violence against women, including pressing for full accession by the EU to the Istanbul Convention. But nothing in the strategy currently addresses the structural discrimination against women in migration policies. At PICUM we have analysed the strategy in a blog and pointed out current failures in addressing how gender and migration interrelate.

NEW EUROPEAN DATABASE ON VIOLENCE AGAINST WOMEN

[Français] [Español]

On 3 March 2020, the Council of Europe launched a new database on violence against women, which gathers resources produced by the Group of Experts on Action against Violence against Women and Domestic Violence, the independent body responsible for monitoring the implementation of the Istanbul Convention. The database includes country reports, which highlight positive initiatives and provide recommendations to improve the situation of women facing violence.