EU MIGRATION PACT: WHAT'S IN, WHAT'S OUT

UNCLAS SECTION 01 OF 03 BRUSSELS 001587 SIPDIS E.O. 12958: N/A TAGS: PREF PREL SMIG EUN SUBJECT: EU MIGRATION PACT: WHAT'S IN, WHAT'S OUT ¶1. Summary: EU heads of state are expected to approve the European Pact on Immigration and Asylum at the Oct. 15-16 European Council summit. Not a legally-binding document, the Pact gives overarching policy direction. Member states will then pass national legislation to operationalize the goals of the Pact. The Pact commits the EU to: sending illegal immigrants back to their home countries; attracting highly-skilled labor migrants through the new EU Blue Card; strengthening border protection; creating a uniform set of asylum regulations; and expanding development partnerships with migrant-sending countries. Dropped from earlier drafts are integration contracts between immigrants and governments, bans on mass amnesties, and common asylum processing. End summary. The Purpose of the Pact -------------- ¶2. The 27 EU heads of state/government are expected Oct. 15-16 to approve the European Pact on Immigration and Asylum, a broad political statement outlining EU goals to restrict illegal immigration while simultaneously attracting legal, highly-skilled labor immigrants. The Pact, which has undergone numerous iterations and has been significantly watered down from its original form, was one of the main goals announced by France at the start of its six-month EU Presidency. Dismissed by some critics as "nothing new," the Pact pulls together numerous provisions previously approved by the EU in piecemeal fashion. As a statement of political will, however, it puts the collective stamp of approval at the highest level (heads of state) on an overarching EU policy direction on migration, an area of sovereignty that member states historically have been reluctant to cede to the EU institutions. The Pact is non-binding, which means that each of the 27 member states will now have to develop and implement its own enabling legislation. EU Justice and Home Affairs ministers have approved the Pact twice (July and September),and heads of state are expected to approve it this week without objection. What's Out: Mass Amnesty Ban, Integration Contracts -------------- -------------- ¶3. One of the more controversial early provisions in the Pact was a French proposal to implement integration contracts between individual immigrants and the government of the receiving country. Such a contract would have given the immigrant certain government benefits in return for a commitment to accept and embrace European values. It was based on a French program, and French Minister of Immigration and Integration Brice Hortefeux traveled to several EU capitals to campaign for its inclusion. Several member states, most notably Spain, opposed the idea and lobbied successfully for its removal. ¶4. The French also failed to gain unanimous support for a common asylum agency that would rule on asylum applications union-wide. Germany was at the forefront of opposition to that provision. Although the Pact still includes a new asylum agency, it will not have the power to make asylum decisions. It will serve as an advisory agency for the member states, but cannot force them to accept asylum seekers. In the final hours of negotiations at the September JHA Council, however, Malta succeeded in adding language that allows some burden-sharing of asylum applicants. Malta, which has long complained about its inability to process the large numbers of immigrants who arrive at its shores, had previously obtained financial and technical support from the EU. Now, however, the European Commission, in consultation with UNHCR, can facilitate voluntary and coordinated reallocation of asylum beneficiaries from one member state to another in instances where one member state is clearly receiving a disproportionate number of migrants. ¶5. Another controversial element in early drafts of the Pact called for bans on mass amnesties or regularizations of illegal immigrants. Spain, in particular, has come under fire from other EU member states for regularizing the status of some 600,000 illegal immigrants in recent years, many of whom then migrate further within the EU. Both Spain and Italy opposed bans on amnesties, saying they are important tools for governments faced with large undocumented populations. Instead of a ban on amnesties, the final Pact says that all immigration decisions must be made on a case-by-case basis. In terms of tone, the final document also reflects a softening from its original version. The first draft of the Pact included a quote from Nicolas Sarkozy stating, "Europe does not have the means to welcome with dignity all those who see it as an Eldorado," but this was downgraded to, "The European Union, however, does not have the resources to decently receive all the migrants who hope to find a better life here." BRUSSELS 00001587 002 OF 003 Critics Fear Fortress Europe -------------- ¶6. Even with these changes, the Pact was not well received in all quarters. The reaction from Africa was one of concern. Le Pays, a newspaper in Burkina Faso said "we thought the time of walls was over, but we did not count on the strong desire of Europe to protect itself against the 'threat' of illegal immigration." Raddho, a Senegalese NGO for human rights, was concerned the Pact "will accentuate the vulnerablity and the criminalization of immigration and asylum rights." CIMADE, an immigrant righs group, said the Pact was based more on Euroean security concerns than on human rights, or economic needs. The Centre for European Policy Studies (CEPS) is also critical of the document, claiming the Pact does not add anything new to European immigration policy. It also complains the Pact does not even mention the Commission's proposal on a Common Framework of Rights, and has few references to the rights and liberties of third country nationals. Finally, CEPS claims the Pact prioritizes national competence over EU competence in relation to immigration and asylum. What's In: Send Illegals Home, Attract Skilled Workers -------------- -------------- ¶7. The Pact begins with a preamble stating the inevitability of migration, and its importance to the economic growth of the European Union, as well as to the migrants and their home nations. It states that while the EU is committed to forging close partnerships with countries of origin, transit and destination, it does not have the resources to receive everyone who seeks a better life here. Therefore, the EU will focus on Europe's reception capacity in terms of labor market, housing, health, education and social services, and providing protection against possible exploitation by criminal networks. Jean-Christophe Peaucelle, the Head of the French European Affairs Office, said the preamble is intended to remind the reader of the values of the EU. After this preamble, the Pact has five sections setting out basic commitments for EU migration policy. ¶8. The first section asks the EU to organize legal immigration, taking account of the priorities, needs, and reception capacities of each Member State as well as encouraging integration. The Council recognizes that the member states have the power to set the conditions of admission for migrants, but it will continue to encourage member states to devise uniform policies for economic migration as well as increasing the attractiveness of the EU for highly qualified workers, and giving priority to temporary, or circular migrants to help combat "brain drain." A key aspect of this is the new EU Blue Card which will provide legal status for highly-skilled workers. Finally, the Council will encourage member states to "promote harmonious integration in host countries of immigrants who are likely to settle permanently." This integration should include promotion of language skills, respect for national identities, and fundamental values such as human rights, freedom of expression, tolerance, and equality between men and women. ¶9. The second section asks the EU to control irregular immigration by ensuring the return of undocumented aliens to their countries of origin. The Council will try to foster greater cooperation between the EU and countries of origin to control illegal migration. This will include readmission agreements, and law enforcement agreements to combat trafficking operations. In addition, the Council will encourage member states to return illegal immigrants currently in the EU, and to recognize return orders made by other member states. ¶10. The third section calls on the EU to make border controls more effective. The Council will require biometric visas for entry into the EU by January 1, 2012. In addition, the Council wants to improve cooperation among consulates issuing visas into the EU. The Council also agreed to deploy modern technology to help protect the border, and provide Frontex (the EU border security coordination agency) with the necessary resources to fulfill its mission of coordinating border control among member states. ¶11. The fourth section asks the EU to synchronize EU asylum regulations. The Council states it is committed to providing the protection required under the 1951 Geneva Convention and the 1967 New York Protocol for persecuted foreigners. While respecting the rights of the individual member states to make decisions regarding asylum or refugee status, the Council hopes to establish a system that will harmonize the asylum policies of the member states. The Council will establish, by 2009, a European support office to "facilitate the exchange of information, analyses and experience among member states." This office will not have the power to examine applications for asylum; it will only be available to BRUSSELS 00001587 003 OF 003 coordinate national practices, procedures, and decisions on asylum and refugees. This is one of the few actual requests for EU action in the Pact. However, most commentators have noted that the new agency would have little power, and would still leave all asylum decisions to the member states. The Council will also ask the Commission to present proposals for establishing a single asylum procedure in 2012. This is a change from the original goal of having a single asylum system by 2010, a deadline the Council now believes is too ambitious. ¶12. The fifth section asks the EU to create a comprehensive partnership with the countries of origin and transit to encourage "synergy" between migration and development. The Council reaffirms its commitment to the Global Approach to Migration, and as such will work to conclude EU-level, or bilateral agreements with countries of origin to help facilitate legal migration, and returns for illegal migration. In addition, the Council will try to provide capacity-building programs for countries of origin to help prevent or deter illegal migration to the EU. ¶13. Jean-Christophe Peaucelle offered an explanation of the Pact at the Informal JHA Troika on July 30. He described the Pact as a political commitment, not a legal agreement, that represents a new "EU consensus" on how to approach immigration holistically and in cooperation with source and transit states for immigrants. He said the Pact allows member states to make their own rules, but sets out a guideline to encourage a community-wide view of immigration. The Pact reflects EU values such as dignity of the individual. While the EU will leave the legislation to the member states, the Council and Commission will strengthen Frontex's border protection capabilities and create an asylum support office to help member states with coordination of asylum claims as well as fostering agreements with third countries to create better cooperation to encourage legal immigration and fight illegal immigration. The EU Council will use the Pact as a starting point to harmonize EU migration law through better cooperation among Member States and between the EU and third countries, and serve as a guide for the "Post-Hague" Program of Justice and Home Affairs priorities to be negotiated in 2009. MURRAY .