efms Migration Report
August 2004 | | | | |
Interior ministers of
Germany and Italy suggest plans for refugee reception centres in North Africa
Federal
Interior Minister Otto Schily (SPD) and his Italian counterpart, Giuseppe Pisanu, have
announced shared proposals for setting up European reception centres for refugees in North
Africa. The plans are to be discussed at the upcoming G5 EU States meeting in Florence, and
subsequently presented as a common proposal to the EU Council of Justice and Interior
Ministers. The proposed EU reception centres for refugees, which would constitute a
potential preliminary stage on the way to a future European asylum agency, would accept and
review asylum petitions submitted outside European Union territory. Above all, these centres
would process the petitions of refugees detained in the Mediterranean Sea, who are to be
transported back to the transit countries from which they had embarked on their journey
across the Mediterranean Sea. One of the main priorities of the proposals is to accommodate
refugees in regions close to their home countries, whereas admission to enter EU member
states is only to be granted in special cases. According to Mr. Schily, there are no plans for
allowing a judicial review of rejected asylum petitions, pointing out that the German
constitutional right to asylum does only apply to refugees who have entered the Federal
Republic of Germany. Mr. Schily has also called on the EU Commission to develop
proposals for setting up a first reception centre in North Africa on a trial basis, referring to
Morocco, Tunisia and Libya as possible locations. Furthermore, the German and the Italian
interior ministers are also deliberating proposals for setting up a European "clearing
centre" where "economic refugees" could register themselves as
seeking employment and EU member states could post their demand for legal immigration of
labour. The aim of this shared German-Italian proposal is not only to prevent refugees from
risking their lives by embarking on a treacherous sea journey through the Mediterranean Sea,
but also to counteract migration pressure of migrants trying the enter the EU. The Italian
government has only recently called on other EU member states to share the burden of
securing the European Union's exterior borders, in order to distribute the financial
expenses of securing the sea borders of Italy more equally. In Germany, the idea of Federal
Interior Minister Otto Schily (SPD) to set up refugee reception centres in North Africa have
sparked a controversial debate, both among coalition and opposition parties. Critics of Mr.
Schily's proposals, among them representatives of the SPD, the Greens and refugee
organisations, as well as some members of the opposition parties, have expressed their
concern that these reception centres would potentially violate the Geneva Convention for
Refugees. Antonio Vitorino, the EU Commissioner responsible for asylum policy, has so far
also rejected the proposal. Welt am
Sonntag 01.08.04 // SZ 02.08.04 // Die Welt 03.08.04 // FTD 03.08.04 // NN 04.08.04 // BZ
05.08.04 // Die Welt 06.08.04 // Handelsblatt 06.08.04 // Der Spiegel 09.08.04 // BMI
Pressemitteilung 13.08.04 // taz 14.08.04 // Deutschlandfunk 16.08.04 // FR 17.08.04 // Die
Welt 19.08.04 // taz 25.08.04 // FTD 25.08.04
Federal Administrative Court bases its
ruling concerning the expulsion of convicted EU citizens on earlier decision by European
Court of Justice
According to a ruling published by the
Federal Administrative Court in Leipzig on August 3, 2004 (Ref: 1C30.02), nationals of other
EU member states who have been convicted and sentenced to longer prison terms in Germany
can no longer automatically be expelled from Germany. The highest German administrative
court, which has based its conclusion on an earlier ruling by the European Court of Justice,
has thus overruled a passage in Germany's Foreigners Act. According to German
legislation, expulsion of a foreign national had been mandatory if the person concerned had
been convicted and sentenced to a prison term of at least three years, or a two-year prison
sentence for drug-related crime (Ref.: 1 C26.02). taz 04.08.04
The new Immigration Act can definetly take effect on January
1, 2005
The new Immigration Act can definitely take
effect on January 1, 2005. After the law had been signed by Federal President Horst
Köhler on July 30, 2004, it was officially promulgated in the Federal Law Gazette on
August 5, 2004. Die Welt 06.08.04
Commissions for hardship cases set up in accordance with the new Immigration
Act
The states of Berlin, Mecklenburg-Pomerania and North-Rhine
Westphalia have already set up commissions for hardship cases in accordance with the new immigration act. The state of Baden-Wuerttemberg is also considering a similar move. Ulrich
Goll (FDP), the new state minister of justice and commissioner for foreign residents, has
expressed his support for setting up a commission that would include church representatives
but exclude refugee organisations. Brandenburg's interior minister Mr.
Schönbohm (CDU), and his counterpart from Lower Saxony, Mr. Schünemann
(CDU), on the other hand, have both rejected calls for setting up a commission for hardship
cases in theirs federal states. In the view of Mr. Schünemann, it would be more
appropriate for the petition committee of the state parliament to adopt this responsibility.
Under his proposals, deportation procedures would be suspended during the review of a
petition, for a maximum period of six months, provided that the foreign nationals concerned
have sufficient means of livelihood at their disposal. FAZ 17.08.04 // Evangelischer Pressedienst
Südwest 21.08.04
Muslim members of CDU object to headscarf
ban
Whereas the CDU, the largest opposition party, has so far supported a
headscarf ban for Muslim teachers, the German-Turkish Forum within the CDU's
state party organisation of North-Rhine Westphalia has rejected calls for a general headscarf
ban for all public sector workers, in a written statement entitled "Principles of a
Christian-Democratic Policy towards Islam for Germany". Bülent Arslan, the
chairman of the forum, has pointed out that wearing a headscarf is, first and foremost, a
religious obligation and therefore not anti-constitutional as such. Consequently, each case
should be reviewed individually in order to establish whether a woman wears a headscarf
during work for political reasons, which would then justify a headscarf ban for a person
working in the public sector. CDU party leaders have so far not responded to the
statement. Welt am Sonntag
29.08.04
Asylum
statistics
In August 2004, a total of 2,943 persons have
submitted asylum petitions in Germany. This constitutes an increase by 1.2% (+36 persons)
over the previous month, but a decrease by 17.0% (-605 persons) over August 2003. In
August 2004, asylum seekers' main countries of origin were Turkey (319), Serbia /
Montenegro (292) and the Russian Federation (244), followed by China (153) and Vietnam
(148). During this period, the Federal Office for the Recognition of Foreign Refugees has
reviewed the cases of 4,625 persons, 61 (1.3%) of whom have been recognised as entitled to
political asylum. A further 101 persons (2.2%) have been granted protection against
deportation according to §51 Par.1 AuslG (Foreigners Act). The petitions of 2,759
persons (59.7%) have been rejected. The cases of a further 1,704 persons (36.8%) have been
closed for other reasons, for example because applicants have withdrawn their
petitions. Pressemitteilung BMI
10.09.04
August 2004 | | | | |
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