What can an NGO do to influence European migration policies? A GUIDE FOR NGOs. Connect to Social Europe!

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1 What can an NGO do to influence European migration policies? A GUIDE FOR NGOs Connect to Social Europe!

2 Do you know why human beings migrate? Are you familiar with push and pull factors? Push and pull factors are those which either force migration (from the place of emigration) or create motivations to migrate (at the destination of immigration). PUSH FACTORS Associated with problems or danger War Military invasion or colonisation Fear of persecution and repression for political, religious or ethnic reasons Human trafficking Desertification, drought and famine Natural or environmental catastrophes A lack of jobs and economic opportunities PULL FACTORS Associated with advantages or benefits perceived by migrants, attracting them to a place Physical safety Paid job opportunities Better living conditions, including better social protection and medical care Political and religious freedom Access to education Family-related networks At present, 214 million people in the world live outside of their country of origin. Do you know how many emigrate to the European Union? According to the International Organisation of Migration (IOM), Europe takes in 33.6% of the entire migrant population; North America, 23.4%; Asia, 28.5%; Africa, 9%; Latin America and the Caribbean, 2.7% and Oceania, 2.8%. Which Directorate-General is responsible for determining European migration policies in the EU? The process of migration is a complex phenomenon in which people pass through various stages. When determining EU migration policy, a wide range of factors are taken into account, including economics, politics, education, culture, external relations and development aid. This complexity means that the EU s migration policies originate from several Directorates-General, including those of Home Affairs, Justice, and Development and Cooperation, but also those of Employment, Social Affairs and Inclusion, and Health and Consumers, in addition to others. 2

3 Purpose of this Guide

4 The current phenomenon of immigration into the European Union is not extraordinary if viewed within the context of the great migration flows throughout history. From the Palaeolithic age to today, human beings have moved throughout every territory and all of the continents. However, the fact that Europe is currently the continent taking in the highest number of migrants makes it necessary to develop a European policy which provides a response to the demographic, economic and political challenges which arise. In this sense, the countries in the Union have gone through different stages: in the seventies, there were relatively open policies, when more labour was needed, with a shift towards more restrictive policies which encourage immigrants to return to their countries of origin. At present, the topic of immigration continues to be controversial for States, and agreements are not always reached. Nevertheless, though this topic is one of shared powers and responsibility between the Members States and the EU, national governments are aware that the matter requires joint action at the European level. In recent years, migration has led to intense ideological debate: should immigrants have the same rights as Europeans? Should immigrants be required to sign a contract upon entering the EU? To what degree must immigrants be required to adapt to European cultures? To what extent should immigrants cultures be respected? Crucial in these debates is the position held by institutions, but also by national governments, businesses and civil society, because they have an influence on the types of laws and policies enacted at the European Union level. Learning to act at the EU level and achieve an influence on decision-making within institutions is a complex process that requires an understanding of how the EU and its institutions work. The main objective of this guide is to strengthen the knowledge of NGOs about how to influence EU migration policy, as a complement to the guides Keys for Acting in the EU and Engaging with European Institutions and Strategies for Strengthening the Participation and Influence of European Union Social Action NGOs. This guide is a tool which provides information about the origin of and changes in EU migration policy, as well as describing the EU s powers and responsibilities. Last of all, the guide provides practical examples of what an NGO may do to influence this policy. 4

5 1. What are the origins of migration policy in the EU?? The development of a common European migration policy occurred in the fifties, when Europe shifted from being a place of emigration to one of immigration. The European Union member states then committed to a common, coordinated migration policy: the ratification of the European Economic Community Treaty (1957) demonstrated that joint action was necessary (Art. 63 of the Treaty of Rome). Until the seventies, the need for labour within the post-world War context of rapid economic growth meant relatively open immigration policies. However, the economic crisis of led to the adoption of more restrictive policies. Despite this, large numbers of legal and illegal immigrants, as well as many refugees, reached the EU in search of a better life. Taking advantage of these people, human trafficking networks were formed. This situation made it evident that there was a need to fight illegal migration by focussing on the human trafficking problem. The Amsterdam Treaty (1999) stipulated common measures on immigration, establishing that immigration policy was to become an EU responsibility (Title IV, Art. 6169). The priority was to improve migration flow management through coordinated action, taking the EU s economic and demographic situation into consideration. That year, in Tampere, Finland, the European Council established the elements of a common immigration policy, which was confirmed in The Hague Programme (2004) for strengthening freedom, security and justice in the EU from 2005 to 2010, also creating the European Agency for the Management of Operational Cooperation at the External Borders (FRONTEX). In December 2009, before The Hague Programme came to an end, the Stockholm Programme for 2010 to 2014 was enacted. It insists upon including the push factors of immigration when designing policies and defends plans for development and investment in countries of origin and transit. Moreover, it places an emphasis on assistance for the most vulnerable groups of migrants: refugees, asylum seekers, children and unaccompanied minors. 5

6 2. What are the EU competences in the field of migration? The competences in the field of migration are shared by the EU and its Member States. In what areas does it hold comptences? The process of migration is a complex phenomenon in which many factors have an influence, including those which push people to migrate ( push factors) and those which attract migrants ( pull factors). This is why policies related with migratory movement must deal with and regulate a wide range of matters, such as what the States which receive immigrants can do to improve the living conditions of people from the countries which generate migrants, or what the countries which receive immigrants can do to integrate them. In the EU, the competence governing migration vary depending upon the stage of migration involved: Causes of migration (war, poverty, safety) Motivations for migration (work, studying or family reunification) Getting established (entry conditions, residence, rights) Adaptation (integration, opportunities) Participation (social participation, active citizenship) Influencing each of these stages are factors such as economics, politics, education, culture, external relations and development aid. This complexity means that EU migration policies are produced through several of the Commission Directorates-General. 6

7 Then, what Directorates-General (DGs) play a role in European migration policy? With what objectives? Directorate- General Policy type Objective CAUSES OF MIGRATION European External Action Service (EEAS) Home Affairs DG (HOME) Europeaid - Development and Cooperation DG (DEVCO) International relations and development MOTIVATIONS FOR MIGRATION Home Affairs DG (HOME) GETTING ESTABLISHED Home Affairs DG (HOME) Evaluation of needs and admission Immigration rules and procedures Controlling the flow of migrants towards the EU: Reducing the factors which cause migration (poverty, limited economic opportunities, lack of basic services, etc.). Strengthening inter-governmental cooperation for regulating migration (voluntary or forced) by creating support mechanisms in countries of origin and transit. Strengthening EU borders. Regulating the conditions of legal access and admission to the EU, bearing in mind the EU s economic and demographic situation. Regulating the conditions in which immigrants become established (rules and procedures, permits, etc.) to help them get established and become integrated into European society. ADAPTATION Employment, Social Affairs and Inclusion DG (EMPL) Enterprise and Industry DG (ENTR) Education and Culture DG (EAC) Regional Policy (REGIO) Health and Consumers DG (DG SANCO) PARTICIPATION DG EMPL DG EAC Socio-economic policies Citizenship and social integration Promoting the inclusion of immigrants social integration in the regulation and socio-economic policies of the Member States. Increasing immigrants participation in European society, by promoting the Member States enactment of policies for social inclusion, equality, non- discrimination and the management of diversity. 7

8 Which is the legislation and reference documentation in each area? The Commission adopted in November 2011 the communication on The Global Approach to Migration and Mobility COM(2011) 743 final, which tackles migration based on a cross-cutting perspective in the context of the Europe 2020 Strategy. Directorate- General Reference Documents CAUSES OF MIGRATION European External Action Service (EEAS) Home Affairs DG (HOME) Europeaid - Development and Cooperation DG (DEVCO) European Neighbourhood Policy. Communication on the thematic programme for human and social development and the financial perspectives for Common European policy on migration flows approved in Tampere in The Hague Programme (2004) on strengthening freedom, security and justice in the European Union for the period of Communication on Political priorities in the fight against illegal immigration by third-country nationals of Communication on a common policy for Europe: principles, actions and tools of Pact on Immigration and Asylum approved by the European Council in September Communication on Policy Coherence for Development Accelerating progress towards attaining the Millennium Development Goals of Commission Communication on Migration and Development: some concrete orientations (COM (2005) 390). Joint Statement by the Council The European Consensus - EU Development Policy of MOTIVATIONS FOR MIGRATION Directive 2003/86/EC on the right to family reunification. Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents. Directive on the conditions of admission of thirdcountry nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service. Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications. Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status. 8

9 Directorate- Reference Documents General Communication of a Policy Plan on Legal Migration of 2005 (COM (2005) 669). Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals. Council Decision 2008 establishing a legal basis for the European Migration Network. Communication of a common policy for Europe: principles, actions and tools of Pact on Immigration and Asylum approved by the European Council in September Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. GETTING ESTABLISHED Home Affairs DG (HOME) Communication on a common policy for Europe: principles, actions and tools in Commission Communication on the European Agenda for the Integration of Third-country Nationals, COM(2011) 455 final. Pact on Immigration and Asylum approved by the European Council in September Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents. Directive 2005/36/EC on the recognition of professional qualifications. Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers in the Member States. ADAPTATION Employment, Social Affairs and Inclusion DG (EMPL) Europe 2020 Strategy. European Employment Strategy initiated in : revision of the Lisbon Strategy (National Reform Plans). Community Lisbon Programme Commission Communication on the Renewed Social Agenda: Opportunities, access and solidarity: towards a new social vision for the 21 st century Europe. Manual on Integration for political leaders and professionals of 2007, published to increase the sharing of experiences and good practices. Conclusions on the strengthening of integration policies in the EU by promoting unity in diversity of the Council of the EU (2007). Third Annual Report on Migration and Integration (COM (2007) 512). 9

10 Directorate- General Education and Culture DG (EAC) Health and Consumers DG (SANCO) Reference Documents Directive on Migrant Children s Education (1977) taking into account that the negotiations concerning a new directive have begun (Green Paper on Migration and Mobility: challenges and opportunities for EU education systems). Europe 2020 Strategy. Directive on the recognition of professional qualifications (2005). Joint progress report on The implementation of the Education and Training 2010 work programme. European Pact of the European Council for Mental Health and Welfare of PARTICIPATION Employment, Social Affairs and Inclusion DG (EMPL) Europe 2020 Strategy. European Social Inclusion Strategy. Communication on the Renewed Social Agenda: opportunities, access and solidarity in the 21st century Directive 2000/43 implementing the principle of equal treatment between people irrespective of racial or ethnic origin. Directive 2000/78 establishing a framework for equal treatment in employment and occupation. What are the specific responsibilities of each of the Directorates- General (DGs) that play a role in defining the EU s migration policy? EUROPEAN EXTERNAL ACTION SERVICE Objectives Promoting EU cooperation with third countries in the topic of immigration and development. Promoting good relations between the expanded EU and its neighbours. Priorities Preventing the creation of new dividing lines between the expanded EU and its neighbours. Consolidation of stability, security and welfare around the world. Responsibilities Coordinating EU relations with international organisations such as the United Nations and the OSCE. Executing the European Neighbourhood Policy. Managing the 120 Commission Delegations in third countries. 10

11 HOME AFFAIRS DG Objectives Managing migration flows from third countries. Promoting the establishment and social integration of legal immigrants. Priorities Efficient management of migration flows. Fighting against human trafficking and irregular immigration. Promoting voluntary return. Responsibilities Cooperating with the EEAS DG to decrease the push factors of migration. Increasing cooperation and technical assistance between Member States. Promoting the protection of European borders. DEVELOPMENT AND COOPERATION DG Objectives Reducing and eradicating poverty in developing countries. Cooperating with ACP countries in every area involving living and working conditions. Priorities Strengthening the social dimension of globalization. Speeding up progress towards the Millennium Goals. Promoting synergies between migration and development. Responsibilities The EU Development Policy the European Consensus (COM (2005) 311) to provide more effective responses to the causes of migration. Ensuring coherence in the European external aid policies so that migration has a positive impact on the development of disadvantaged countries. EMPLOYMENT, SOCIAL AFFAIRS AND INCLUSION DG Objectives Promoting the creation of more and better employment by coordinating the policies of Member States. Achieving an integrating society which guarantees equal opportunities for all. Priorities Promoting equal treatment of people regardless of their racial or ethnic origin. Improving the occupational mobility of third-country nationals. Effective monitoring of EU labour market needs. 11

12 Responsibilities Sharing key information in the area of promoting employment. Strengthening the recognition of the approval of university diplomas and degrees. Decreasing work integration barriers for third-country nationals. EDUCATION AND CULTURE DG Objectives Promoting education and continuing training. Strengthening cultural and linguistic diversity, the mobilisation and active participation of the European people, especially youths. Priorities Improvement in education and continuing training opportunities for third-country nationals. Adaptation of EU education systems so that they have a positive effect on the socio-economic integration of immigrants. Responsibilities Cooperation and coordination with Member States to improve the quality of education and continuing training systems which guarantee more opportunities for immigrants. Sharing and spreading good practices for the integration of disadvantaged immigrants in the field of education. REGIONAL POLICY DG Objectives Establishing a cohesion policy which promotes constant improvements in competitiveness. Speeding up the transfer of technical knowledge, supporting investments with people and stimulating cross-border cooperation. Priorities Implementing effective measures in urban policies for the integration of immigrants who live in the most lacking urban areas. Creating strategies to attract qualified migrants due to their potential economic contribution in cities. 12

13 Responsibilities Decreasing the barriers for immigrants in terms of access to housing. Promoting sustainable urban development through the Urban Development Group. Ensuring cooperation between the Commission, European Parliament and Committee of Region to increase the visibility of the urban factor in EU policies. What are the principles which guide all of these policies? On 17 June 2008, the Commission published the Communication on the Common Immigration Policy for Europe: Principles, actions and tools (COM (2008) 359) with the objective of establishing 10 principles for being able to move forward in the field of common immigration policy, with a view to the future. These principles have been integrated into the three main guidelines for European Union policy: Guidelines Prosperity: The contribution of legal immigration to the EU s socio-economic development Solidarity: Coordination between Member States and cooperation with third countries Security: Effectively fighting illegal immigration Principles 1) Clear standards and similar conditions. 2) Adaptation between qualifications and needs. 3) Integration is the key to immigration success. 4) Transparency, trust and cooperation. 5) Effective, coherent use of the available means. 6) Association with third countries. 7) A visa policy which is in the interests of the EU and its partners. 8) Integrated management of borders. 9) Increasing the fight against illegal immigration and zero tolerance for human trafficking. 10) Sustainable and effective return policies. What is the European Pact on Immigration and Asylum? It is a strategy of the Member States to continue moving forward with the common migration policy. Its 5 objectives are to: Organise legal immigration and promote the integration of legal immigrants. Combat irregular immigration, guaranteeing such migrants return to their countries of origin or transit. Strengthening border controls. Building a Europe of asylum. Creating a system for cooperation with the countries of immigrants origin and transit. 13

14 3. What can an NGO do to influence this policy? In order for the EU s migration policy to be effective, there must be constructive cooperation by all of the interest groups: national, regional and local governments, as well as companies, NGOs, universities, etc. What can an NGO contribute to the decision-making process in the field of migration? NGOs have a broad understanding and experience in dealing with people who migrate to Europe. They are also familiar with the people s concerns and stereotypes in terms of this phenomenon. This is why their participation in consultations and political debates contributes to achieving a constructive balance between the interests of all social role-players. European NGOs make it possible to coordinate and direct the perspectives of organisations and national citizens to include them in the EU s decision-making process. In most cases, NGOs can contribute good practices, focuses and innovative methodologies which contribute to creating a more humane, just and effective migration policy. 14

15 How can an NGO influence the decisions reached by the European Commission in this area? 1 By taking part in the Your Voice in Europe online questionnaire Examples: 1. In February 2008, the questionnaire for drafting the Commission Communication on Policy Coherence for Development, aimed at all interest groups, was brought to a close. The conclusion was reached that greater efforts are needed to achieve a positive correlation between migration and development, as well as a plan for producing a legal migration policy. The results of this survey can be found at: Coherence_DEF_en.pdf 2. On 6 June 2011, the consultation of the Home Affairs DG on the Global Approach to Migration was brought to a close. It was created so that anyone could give their opinion on the Commission Communication Strengthening the Global Approach to Migration: increasing the coordination, coherence and synergies. The information on this consultation can be found at: consulting_0021_en.htm 2 By taking part in the thematic questionnaires which the Commission puts in motion through the Green Papers Example: In the year of 2004, this tool was used to carry out the consultation regarding the Green Paper on Non-discrimination and Equal Treatment, with the goal of ascertaining what measures were implemented by Member States to fight against discrimination based on racial or ethnic origin. Civil society organisations have played a fundamental role in developing the EU s agenda on this topic. The Green Paper can be downloaded using the following link: 3 Remaining attentive to the creation of specific thematic committees in order to attempt to be selected as experts Example: In May 2008, the European Migration Network was created with the objective of informing EU institutions and Member States about needs within the field of immigration and asylum. This network is composed of the National Contact Offices, through which NGOs may articulate their opinions, concerns and questions. This network s website can be found through the following link: 15

16 4 By signing up with the Register of interest representatives (Transparency Register), which is open to all entities which carry out activities that are performed with the goal of influencing policy creation processes and decision-making by EU institutions. Example: Signed up at the Register are human rights NGOs such as Amnesty International and networks of social organisations like the European Anti-poverty Network. Thanks to this Register, NGOs are able to demonstrate their commitment to transparency and the full legitimacy of their activities in the EU. Using this link, you can see which NGOs are registered: 16

17 How can an NGO influence the decisions reached by the COUNCIL in this area? 1 By taking part in the activities organised by the country holding the Council Presidency Example: On 25 October 2011, the Polish Presidency organised the European Migration Network conference in Warsaw covering the topic Combating irregular migration: practical responses. The conference was a space for sharing experiences, good practices and perspectives on irregular immigration, with the participation of different Third Sector institutions and organisations. Further information on this conference is located at the following link: 2 By reporting the violation of rights or obligations Example: In June 2009, the European Council of Refugees and Exiles sent a memorandum to the Swedish Presidency requesting that protection be restored as the core of asylum policy. The full memorandum can be found through the following link: Presidency_June_2009.pdf 17

18 How can an NGO influence the decisions reached by the EUROPEAN PARLIAMENT in this area? 1 By knowing what the Parliament s thematic committees are and who their members are, so as to engage with the European Parliament members in question Examples: 1. In 2011, Spanish European Parliament member Agustín Díaz de Mera, through the Parliamentary Commission on Civil Liberties, put forward a proposal for the amendment of Regulation (EC) Nº 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders. The documentation of this proposal can be accessed using the following link: europa.eu/oeil/file.jsp?id= &noticetype=null&language=en 2. The Committee on Civil Liberties, Justice and Home Affairs is the competent body for protecting the rights of the people and fighting against discrimination. The work documents of this committee can be found using the following link: do;jsessionid=20ecb3aa48c25e cd276fa9. node2?language=en&body=libe 3. The Employment and Social Affairs Committee is responsible for social policies, social dialogue and fighting workplace discrimination. Using the following link, all of this entity s relevant documents can be viewed: activities/committees/homecom.do?language=en&body=empl 2 By exercising the right of petition to the Parliament Example: In February 2009, Aicha Lahrouchi, a Moroccan national, filed a petition regarding the working conditions of Moroccan women in Spain who work in the Spanish agricultural sector with no type of social protection or control. The EP Committee on Petitions responded that, in effect, workers with Moroccan nationality and their family members residing with them shall benefit from, in terms of social security, a system characterised by the lack of any discrimination based on nationality in comparison with the nationals themselves of the Member States in which they are employed. The petition document and the full response can be found using the following link: searchresultdetailed.faces 18

19 3 Through the Citizens enquiry service: a service which allows each person to contact the EP in order to pose any questions, ask for information or make proposals Example: During the years of , the Spanish people actively addressed the EP through this channel to pose their questions and raise their concerns. The matters dealt with in their messages were very diverse and provide a sample of their main concerns and topics of interest. For example, 7% of the messages were about topics related to immigration, human rights and external relations. The EP report on the messages received can be found with the following link: 4 By taking part in the Citizens Agora: an initiative to create links between the EP and EU civil society and thus debate with citizens about questions figuring on the Parliament s agenda Example: In January 2011, the third edition of the Citizens Agora was held with the goal of raising awareness about the relationship between the current financial and economic crisis and the different types of poverty. One of the three topics examined was the impact of the economic and financial crises on migration flows and integration processes. The full information on this edition of the Agora can be found using the following link: parliament/public/staticdisplay.do?language=en&id=70 19

20 Does the EU have financial resources for NGOs that work in the field of migration? The EU budget for offers a wide variety of financing opportunities for European NGOs, mainly through the Directorates- General mentioned above. The following are the key programmes for NGOs, listed on the basis of the five stages of migration. POLICY TYPE DIRECTORATE-GENERAL CAUSES OF MIGRATION International relations and development EEAS HOME DG MOTIVATIONS FOR MIGRATION Evaluation of needs and admission HOME DG GETTING ESTABLISHED Immigration rules and procedures HOME DG ADAPTATION Socio-economic policies: Employment Entrepreneurship EMPL DG ENTR DG Education EAC DG Urban policies Health REGIO DG SANCO DG PARTICIPATION Citizenship and social integration: Social inclusion Equality and non-discrimination Intercultural dialogue EMPL DG EAC DG Source: Drawn from the publication Guide to Locating Migration Policies in the European Commission - 2nd Edition October 2008, Migration Policy Group. 20

21 REFERENCE PROGRAMME FINANCING FUND Thematic Programme for Cooperation with Third Countries in the areas of migration and asylum Solidarity and Management of Migration Flows Financial Instrument for Thematic Programme External Borders Fund Solidarity and Management of Migration Flows European Refugees Fund Solidarity and Management of Migration Flows European Integration Fund European Refugees Fund National Reform Programmes European Social Fund Multiannual Programmes Work Programme on Education and Training 2010 Cohesion Policy Health Programme for Entrepreneurship and Innovation Programme and European Social Fund Lifelong Learning Programme and European Social Fund European Regional Development Fund Multiannual Public Health and Consumer Protection Programme for Programme for Employment and Social Solidarity (PROGRESS) Culture Programme for PROGRESS Culture Programme for

22 Where can I find more information?

23 Source of information Website European External Action Service Home Affairs DG Justice DG Development and Cooperation DG Employment, Social Affairs and Inclusion DG Education and Culture DG Regional Policy DG Migration Policy Group Migrant Integration Policy Index European Council on Refugees and Exiles Europe Direct-Fundación Luis Vives (ES) index.html index_en.htm jsp?langid=en index_en.htm index_en.htm temas/europe_direct/ (ES): Information available only in Spanish This guide was produced on the basis of the publication Guide to Locating Migration Policies in the European Commission - 2nd Edition of October 2008, published by the Migration Policy Group and European Network of European Foundations, to which we would like to express our gratitude for having produced a document that sheds light upon so many topics

24 Guide drafted under the coordination of: Europe Direct - Fundación Luis Vives With the collaboration of: Andreas Tsolakis Edition: November 2011 Translation: Douglas Prats If you want a more social, just and united European Union: Get informed, express your opinion and take action. Connect to Social Europe! Fundación Luis Vives C/ Dr. Zamenhof, 36 Duplicado. Planta Baja Madrid Phone: Fax: europe.direct@fundacionluisvives.org URL:

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