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.

Fighting for an inclusive post COVID-19 recovery

The COVID-19 pandemic has affected all of us in our daily lives. However, different communities have been impacted in different ways. For undocumented people, one of the most marginalised communities in Europe, the pandemic and the lockdown measures have exacerbated pre-existing conditions of social exclusion and deprivation.

To understand concretely what this has meant for them, we ran a survey among our members to understand the situation, and we highlighted the key findings in this blog.

The European Anti Poverty Network published a report about the impact of COVID-19 on people experiencing poverty and vulnerability, which references extensively undocumented people. The report finds that pre-existing destitution and lack of access to public services, including non-emergency health care, made them even more vulnerable to health risks and financial losses during the pandemic.

Further research on the impact of COVID-19 and related government measures on marginalised populations, including undocumented migrants, has been published by the Nobody Left Outside coalition. The research underscores the high rates of under-treated and poorly controlled chronic conditions that predispose marginalised groups to severe COVID-19 disease, and the substantial multi-faceted barriers they face in accessing health services and information.

The Mayors Migration Council, an international coalition of city mayors engaged in migration diplomacy, has launched a new campaign for an inclusive post-COVID-19 recovery. The campaign strives to ensure that no one is left behind in accessing local services because of their migration status.

New evidence exposes Frontex role in pushback operations in Albania

Border Violence Monitoring Network has gathered new reports from migrants that confirm Frontex’s continued involvement in pushback operations on the Albanian border. Interviewees maintained they were threatened with firearms, a development reflecting a new regulation allowing Frontex personnel to bear arms. The reports confirm that Frontex is using firearms, response vehicles and surveillance equipment to reduce the movement of migrants from Northern Greece, impacting people primarily from the Middle East and Maghreb regions.

Another independent report published in July 2020 on the accountability and transparency regime of Frontex finds that, despite the continued expansion and strengthening of monitoring and accountability mechanisms since 2016, the agency still lacks an effective system for monitoring, investigating, addressing, and preventing fundamental rights violations at Europe’s external borders.

Statewatch report shows more deportations, fewer rights in new EU migration policies

A new Statewatch report looks at how recent and forthcoming EU reforms aim at increasing the number of deportations while reducing or eliminating rights and protections. It focuses in particular on the combined effects of the new Return Directive, the interoperability regulations and the new regulation expanding the role of Frontex.

New UNHCR report shows extent of violence and deaths along North African migration routes

A new joint UNHCR - Mixed Migration Center report on violence and deaths of migrants along the North African route suggests that at least 1,750 people died on these journeys in 2018 and 2019. Violence incidents are also rife. Sexual violence incidents were reported to be primarily the responsibility of smugglers, but security forces, police or military personnel were reported to be primarily responsible for the incidents of physical violence, mostly in West Africa. The report further finds that many survivors attempting to cross the Mediterranean are brought back to Libya (over 9,000 in 2019), where there are insufficient mechanisms to identify survivors of abuses and provide them with protection.

Slovenian court condemns illegal pushbacks to Croatia

In a case concerning a Cameroonian national who was expelled to Croatia, the Slovenian Administrative Court found that the Republic of Slovenia violated several dispositions of the EU Charter on Fundamental rights, including the prohibition of collective expulsions and the principle of non-refoulement. The court established both that the applicant was subject to gross violations, and that these are systematic practices affecting thousands of asylum seekers every year in Slovenia and Croatia. Once the judgment becomes final, the Slovenian authorities will be obliged to allow the applicant to enter the country and file an application for international protection, as well as provide €5,000 in compensation.

Civil society investigates IOM emergency returns from Libya and Niger

Civil society organisations Brot für die Welt and Medico International have published research which was carried out by researcher Jill Alpes into emergency returns of migrants from Libya and Niger to countries of origin, operated by the International Organisation for Migration. Introduced as an immediate response to protection concerns for people in Libya and Niger, these emergency returns were found to fail to address structural vulnerabilities of migrants and create new protection concerns after arrival. 

Save the Children reports easier detention of migrant children in Europe

In their new report on refugee and migrant children’s rights in Europe, Save the Children finds that new measures have made it easier to detain them. In particular, proposed border procedures risk facilitating long-term detention of children and families. It also finds that, while the best interests of the child as an overall principle is mentioned in most asylum and return legislation, little to no effort has been made to turn this principle into practice. In countries such as Germany, Sweden, Finland and Norway, from where children are most likely to be returned, very few concrete steps have been taken to properly assess the best interests of the child prior to return.

UN and civil society warn of shrinking right to association for migrants and their defenders

The UN Special Rapporteur on the human rights of migrants has issued a report on the right to freedom of association of migrants and their defenders, which highlights increasing hostility towards them in many countries. The report finds that migrants and their defenders are increasingly being limited in their right to associate through restrictive laws and practices.

The findings are echoed in a recent policy brief from the International Center for Not-For-Profit Law, which analyses the impact of lockdown measures on the civic freedoms of migrants.

UK immigration authorities agree to stop using biased visa algorithm

The UK Home Office has agreed that as of 7 August it will stop using a nationality-based algorithm to assess visa applications, in use since 2015, pending a full review of the system to address concerns about bias and discrimination. The grading system works off a secret list of ‘suspect nationalities’ that automatically receive a high risk score, with applicants with these nationalities likely to be denied a visa. Digital rights and migrant rights advocates brought a legal challenge, arguing that the algorithm has built-in racial bias and violates the UK’s Equality Act 2010. The Home Office’s decision to halt the system pending review, and to put in place safeguards, “effectively concedes the claim”.

EU calls for action to protect seasonal workers

The European Commission has presented Guidelines to ensure the protection of seasonal workers in the EU in the context of the COVID-19 pandemic, recalling their rights regardless of their status. In addition, the Commission will: collect data on intra-EU seasonal work, including in relation to sub-contracting; conduct a survey on high-risk occupations, including seasonal workers; and support Member States to foster awareness of rights and obligations among workers and employers.

UN expert calls for a human-rights based approach to anti-trafficking efforts

The United Nations’ Special Rapporteur on trafficking in persons called for governments to adopt a human-rights based approach to anti-trafficking efforts, and to tackle systematic labour exploitation. Recommendations for reform broadly address (1) due diligence, access to effective remedies, and long-term social inclusion; (2) appeals; (3) non-punishment; (4) adequate funding for NGOs; and (5) immigration laws and regulations, which should include regular and accessible pathways, firewalls, and regulation of recruitment and intermediation agencies. The Rapporteur also underlines the need for a gender-sensitive approach and de-criminalisation of prostitution, and to ensure that no anti-trafficking measure makes the life conditions of any exploited person more difficult, or undermines their human rights.

UN expert warns Spain to improve migrant workers’ living conditions

End of July, the UN Special Rapporteur on extreme poverty warned Spain to improve migrant workers’ living conditions “before they die”. According to reports from workers and trade unionists, migrant field workers often live in shacks without running water nor electricity, and many are denied their pay if they don’t manage to collect the amount of produce demanded by the employer on a given day.

MEPs call for better implementation of employment standards and effective complaints mechanisms

The Committee on Women’s Rights and Gender Equality in the European Parliament adopted on 16 July an Opinion calling on the EU and Member States to full implement EU and national employment standards without discrimination of any kind, including through monitoring, complaints and redress mechanisms that are effective, independent and accessible to all workers. It recognises the high rates of in-work poverty facing migrant women with a dependent or irregular status. MEPs also call on the Commission to adopt an EU care strategy, which should require significant investment in the care economy, strengthen policies to fill labour shortages, and address poor labour and social protections in particular for domestic care workers.