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efms Migration Report
August 2007 | | | | |
EU: Frontex suspends
patrols at the Mediterranean In August, the EU Border Agency Frontex has
temporarily suspended its operations to protect the EU external borders at the Mediterranean.
Especially during the six-month "maritime refugee season", the EU Agency with
its headquarters in Warsaw supports the national authorities in charge of border protection in
the surveillance of human smuggling routes over the Mediterranean within the framework of
the operation called "Nautilus 2007". According to the EU Commission, the
operation originally scheduled to take place throughout the entire season from May to
October needs to be suspended due the lack of personnel and financial resources. The
equipment for the operations such as helicopters, boats, etc. would be provided by the
Member States; however, most of the Member States had not complied with their promises to
provide more equipment, so that, for instance, instead of the 115 boats, 25 helicopters and 23
aircraft promised, only as few as two dozens of boats and a few helicopters would be
available. The Member of the European Parliament for the SPD party, Wolfgang
Kreissl-Dörfler, suspects that the reason for the Member States to keep Frontex on a
short leap would be that they did not want to have additional immigrants entering their
countries. All would be afraid of having to admit refugees if they participated in an operation.
From 2008, Frontex wants to conduct its operations even throughout the whole year.
Germany has announced to contribute more funds and personnel to further expand the
organisation. NZZ 03.08.07 // FAZ 24.08.07
Poland complains about
increasing shortage of workers and specialists In Poland, the growth of the
economy and the emigration of Polish workers to the "old" Member States, particularly to
Great Britain and Ireland, lead to an increasing lack of workers and specialists. According to
the employers" association Lewiatan, not only the agricultural sector but also the industrial
sector complains about the lack of work force. Accordingly, three out of four member firms
would currently be looking in vain for electricians, mechanics, engineers, computer scientists,
computer experts or accountants. In the development of the wages and salaries in the past the
pressure on the companies is reflected: in June 2007, for instance, the average wages and
salaries were 9.7 per cent above the same month of the previous year. According to the
professional association of the anaesthetists, also the health care sector is threatened by an
increased outflow of health care personnel: 17 per cent of the total of 3,700 physicians
working in the country had already made applications for certificates that allows them to take
up work abroad. Moreover, a survey of the Allianz Group has revealed a decrease in the
future Polish workforce due to a demographic aging of the population that can observed in
many Central and Eastern European states, which could further aggravate the lack of
specialists for the labour market. Poland now takes into consideration to facilitate the
immigration of work force from the Ukraine, Russia and Belarus in order to encounter this
shortage. FTD 31.07.07 // FAZ 06.08.07
UNHCR: Germany
violates international law and EU law with its residence regulations In his report
published on 10 August 2007, the United Nations High Commissioner for Refugees
(UNHCR) blamed the German authorities of violating both the Geneva Convention on
Refugees (GCR) and the European Convention on Human Rights (ECHR) as well as
applicable EU laws because of the provisions on the residence of recognized or tolerated
refugees. The Federal Ministry of the Interior (BMI) confirmed that refugees being granted
social welfare benefits would be obliged to establish their domicile exclusively at the places
where their residence permits were issued. Such a limitation could refer to the federal state, a
district, a county or even on the territory of a single municipality. The regulation would be
aimed at impeding an uncontrolled internal migration of foreign beneficiaries of social
welfare benefits and to avoid this way a shifting of costs between the federal states and the
municipalities. The UNHCR criticised that according to the GCR the freedom of movement
could only be limited if this was applicable to all foreigners with a similar residence status,
which in Germany would not be the case. Moreover, the ECHR would allow such limitation
only under strictly defined rules of exception, such as to maintain the public order, to combat
crime and to protect the general public health. In order to circumvent the provisions
governing the choice of the place of residence, the Federal Administrative Court had pointed
in 2000 to the possibility to achieve an internal equalization of burdens on the basis of claims
for refund, which would not be in conflict with the duties laid down by international law. The
Human Rights Commissioner of the Federal Government, Günter Nooke (CDU), said
that the points criticised by the UNHCR needed to be analysed in detail. However, there
would be no doubt that Germany would on national level adhere to what it demanded in its
foreign policy. Tagesspiegel online 10.08.07 // Rheinische Post
11.08.07 // FAZ 11.08.07 // NZ 12.08.07
Following the reform of
the Immigration Act also the Law governing the right to remain enters into force
The Law Implementing the Directives of the European Union concerning the Residence and
Asylum Laws went into force on 28 August 2007. Besides regulations on combating fictitious
and forced marriages, on strengthening internal security, on facilitating the inflow of
company founders und on measures for a better integration of immigrants, the reform
regulates the settlement of so-called backlog cases, which is of particular importance for
foreigners living in Germany for six or eight years, respectively. It will extend the regulation
on the right to remain on which the Conference of the Interior Ministers agreed on in
November 2006 and offers about 90,000 foreigners tolerated in Germany the opportunity to
be granted a permanent right to remain. Initially, they will be granted a residence right of two
years as well as equal rights in accessing the labour market. Those of the tolerated persons
who were gainfully employed most of the time in the two subsequent years and who can
provide evidence of a firm employment for the future will be given the opportunity to obtain
a permanent residence permit at the end of 2009. Tolerated persons who do not fulfil the
provisions foreseen in the regulation on backlog cases are in future to be granted equal rights
in accessing the labour market upon the expiry of four years. With this amendment of the law,
also a new regulation of the Nationality Act entered into force, which allows more citizens to
have a double nationality: Applicants for the German nationality having had before the Swiss
nationality or the nationality of an EU Member States no longer need to give up their former
citizenship. In turn, also Germans may keep their nationality when acquiring the nationality
of another EU Member State or of Switzerland. Press release of
BMI 29.08.07 // FAZ 30.08.07 // NN 31.08.07
Federal Office of Criminal
Investigation to be furnished with more competences in combating terrorism With
an amendment of the law, Federal Interior Minister Wolfgang Schäuble (CDU) wants
to furnish the Federal Office of Criminal Investigation (BKA) with more powers in
combating international terrorism. A new draft bill presented by the Federal Ministry of the
Interior (BMI) contains a section on "Warding off the dangers constituted by
international terrorism" that is to be included in the Act governing the activities of the
BKA, by which the BKA - in its relation to the Offices of Criminal Investigation of the
Federal States - would be furnished with newly defined competences in combating terrorist
threats. The draft bill details that the competence of the BKA would be linked to the
requirement that a terrorist threat is not limited to the boundaries of one federal state but
nation-wide, which, however, would be have been fulfilled already in cases where a suspect
person advocates the worldwide Jihad. Moreover it is foreseen that the BKA in future has the
right to take preventive counter terrorist measures, instead of starting investigations only after
a criminal act had been committed, as it was the case so far. For starting its activities, it
would be sufficient to just assume that a crime is being planned. The future instruments and
tools available to the BKA are to include the disputed online searches, the spying out of
private PCs, the surveillance of suspect persons, body searches and apprehension of persons
and the collection of personal data. The basis of the amendment of the BKA"s areas of
competence was established through the federalism reform in 2006, by which the German
Basic Law was amended accordingly. BZ 31.08.07
Federal Cabinet takes
decisions on counter measures against the lack of highly skilled workers On the
occasion of its conference held on 24 August 2007 in the town of Meseberg in the federal
state of Brandenburg, the Federal Cabinet has taken far-reaching decisions on
counter-measures to reduce the lack of highly skilled workers. As an immediate measure, the
access to the German labour market of mechanical engineers and electrical engineers from the
twelve new EU Member States will be facilitated from 1 November by abolishing the
so-called rule of preference according to which German applicants needed to be given
preferred employment. Moreover, foreign students who obtain their final university degrees
in Germany would be given one year of time to find employment. Provided they have a
permanent employment, they will in future be allowed to work for three years in Germany
instead of previously just one year before having to leave the country again. On the long term,
the Federal Ministries of Labour and Social Affairs, of the Interior and of Education and
Research will jointly develop a concept to regulate immigration in way that adequately
corresponds with the needs of the labour market. Moreover, a "national qualification
initiative" implemented in the areas of school education, vocational education and
further training will be employed to better benefit from the potentials available in Germany.
As regards the discussion on a possible introduction of a scoring system and of a lowering of
the income requirements for highly skilled workers, the Federal Government has reached no
agreement. According to the Federal Chancellor Angela Merkel (CDU), these issues would
be discussed in detail not before mid-2008. The industry and the Green party welcomed the
decisions taken at the conference, but also demanded further measures. Claudia Roth,
Chairwomen of the Green party said, that the agreement found at Meseberg would constitute
a minor progress rather than a breakthrough. The president of the German employers"
association, Dieter Hundt, considered the measures as being right and urgently needed. The
managing vice-director of the Federation of German Chambers of Industry and Commerce
(DIHK), Achim Dercks, said the decision would not allow an opening of the labour market as
encouraged as expected and expressed himself less satisfied. Press
release of BMBF 24.08.07 // BZ 25.08.07 // Die Welt 25.08.07 // FR 25.08.07
Attack on foreigners in
small Saxon town fuels debate on right-wing extremism The attacks on eight
Indian nationals in the Saxon town of Mügeln, who visited a public wine festival and
who were thrashed and literally chased through the streets by an angry mob, has intensified
the public debate on the fight against right-wing extremism: Politicians and the public sharply
condemned the events and demanded to exhaust all remedies in the fight against right-wing
extremism. The Secretary General of the Central Council of the Jews, Stephan Kramer,
accused politics of having failed in the fight against right-wing extremism and said that in the
light of the developments the discussion about no-go-areas needed to be re-opened again.
Moreover, he criticised that the Ministry for Family Affairs would not be able to cope with its
tasks in the area of right-wing extremism. Also the member of the executive committee of the
SPD, Niels Annen, reproached the competent Federal Minister, Ursula von der Leyen (CDU),
with a lack of interest about the fight against right-wing extremism. Von der Leyen said that
in view of the demand of the Central Council of Jews that right-wing extremism needed to be
encountered with utmost severity, this issue would be better assigned to the Federal Ministry
of the Interior; she added, however, that despite the need of severe measures to be taken
against right-wing extremists, it would be also necessary to pay attention to youth work, the
creation of employment prospects and the set-up of a strong culture of civil involvement. The
Federal Government currently considers unenforceable the initiative of SPD chairman Kurt
Beck, who said it would be indispensable to reconsider a prohibition of the right-wing NPD
party. On this topic, the spokesman of the Government, Thomas Steg, said the situation was
currently characterized by scepticism and restraint: Another defeat (of the attempt to prohibit
the NPD party) before the Federal Constitutional Court would be a major setback for
democracy. Necessary for fighting against right-wing extremism would be a holistic
approach, which could not be limited to a prohibition. IHT
21.08.07 // BZ 23.08.07 // FR 23.08.07 // Die Welt 23.08.07 // BZ 24.08.07 // SZ 25.08.07 //
Der Spiegel 27.08.07 // Die Welt 28.08.07 // BZ 30.08.07
Federal Government
launches campaign for better economic integration of migrants Under the title
"Vielfalt als Chance" ("Variety as Opportunity"), the Integration
Commissioner of the Federal Government, Maria Böhmer, launched a campaign aimed
at making the public more aware of the economic potential of persons with a migration
background and at improving the employment rates in companies, associations and in the
public service. Böhmer said that Germany would have a lot to catch up on regarding
the so-called "diversity management", i.e. in the promotion of cultural and ethnic
diversity among employees. Moreover, she added, employees who are acquainted with
various languages and cultures would be advantaged in a globalised economy as they could
better deal with the needs of business partners and clients from abroad. The campaign is
scheduled to run until the end of 2008 and comprises poster campaigns, workshops and
conferences. Various initiatives have shown, however, that the economic potential of
migrants had been recognised already before. Within the framework of the implementation of
the National Integration Plan, the police authorities of the federal states of Hesse and Lower
Saxony have launched for instance campaigns to waken the interest in joining the police
forces among migrants to a broader extent. In Hamburg, the first nation-wide
Job-Contact-Fair for persons with a migration background is scheduled to take place on 28
and 29 September 2007 at the Museum of Labour. There, about 25 companies such as
Randstadt, the public transport provider Hamburger Hochbahn, the Hospital of the Holy
Ghost as well as the police and the fire brigade would like to recruit new employees.
Hessische/ Niedersächsische Allgemeine 05.08.07 // FR 13.08.07
// Press release of the Federal Commissioner for Migration, Refugees and Integration of
16.08.07 // Personal-Magazin online 21.08.07 // Press release of the Federal Government of
Germany 23.08.07 // Die Welt 23.08.07 // BZ 24.08.07 // NZ 24.08.07
More women take actions
against forced marriages According the women"s rights organisation Terre de
Femme (TdF), the number of women in Germany seeking assistance in view of being forced
to enter into a marriage, has considerably increased over the past years: while in 2004 an
average of 8 women per month contacted the TdF, the number has increased in 2006 to an
average of 14 requests for help per month, said the spokeswomen of TdF, Sybille Schreiber.
On the basis of these figures, however, no general statement could be derived as to a possible
increase in the number of forced marriages. However, an increase in the number of cases of
where women are brought into foreign countries to arrange forced marriages during holiday
times could be established, said Schreiber. The increase in the requests for help could be
attributed to the positive reports on the experiences of women who were offered help and
encouraged other women to seek assistance as well, but also the increasing awareness among
the population of forced marriages being wrong would play a role. Of particular importance
would be in this respect that opinion leaders in the Turkish community assumed
responsibility and showed themselves opposed to forced marriages: The large Turkish daily
Hürriyet, for instance, has launched a campaign against forced marriages. taz online 10.08.07 // Portal of the federal state of Baden-Württemberg
online 15.08.07
Turkish education
societies establish schools By establishing their own schools, the Turkish educated
class wants to improve the opportunities of its children as regards a successful participation in
the German educational system. With the beginning of the new school year, the Dialog
Education Society will open a private grammar school in Cologne. Alp Sarac, member of the
Dialog Education Society, said that he knew about the special problems children of Turkish
origin would face in the German educational system as he experienced these difficulties
himself. Therefore, the learning enviroment would be specifically tailored to the needs of
children of Turkish origin and comprised small classes, committed teachers and language
training. Since special importance would be given to language skills, the languages used to
teach would also comprise Turkish in addition to German and English. In state-run schools,
successful participation of Turkish children would be threatened by disadvantages such as too
little support in the event of language problems or the reservations of teachers towards
children with migration background. At the new school, the lessons will be taught in
accordance with the North Rhine-Westphalian curriculum; in the afternoon, the children can
choose to attend support classes, theatre groups and courses to deepen their language skills.
Besides the project in Cologne, there are also plans to establish an intercultural private
primary school in Nuremberg. The association in charge of the project, the German-Turkish
association Mesale, is still waiting for the approval of the school by the regional government
of the Bavarian region of Central Franconia, however. Die Zeit
09.08.07 // NN 16.08.07 // NZ 23.08.07 // www.dialog-koeln.de
Munich/Penzberg: Plans
for an Islam centre overshadowed by accusations of anticonstitutional activities
The plans of the Islamic community of Penzberg to establish in the centre of Munich a
"Munich Centre for Islam in Europe" (ZIEM in its German abbreviation) are
beginning to sway due to the allegations of the Bavarian Ministry of the Interior which said
the community had contacts to Islamic association of Mili Görus which is considered
to be anticonstitutional. In his function as Imam of the Islamic community of Penzberg and as
initiator of ZIEM, Benjamin Idriz, who is known as a supporter of an open European form of
Islam, has presented the city of Munich and Members of the Bavarian parliament a concept
according to which it is planned to establish a centre with 8,000 square metres of floor space,
which is primarily meant to serve as a place of "social integration". For that
purpose, the centre is to comprise an education and assistance centre for family and marriage
affairs, an information centre, a service centre and a centre for elderly people as well as an
academy for Imams. The aim would be to establish an Islam meeting "European
standards". In their concept, the initiators expressly declare their support for
democracy, the rule of law and pluralism and demand of the Muslim population living in
Germany a "seriously meant process towards a spiritual reorganisation". State
Secretary of the Interior, Georg Schmid (CSU), warned that he had doubts about the aims of
the planned academy to contribute to real integration and pointed to the membership of the
chairman of the Penzberg community in Mili Görüs until 2005. Idriz is
supported, however, by the opposition in the Bavarian parliament: The integration expert of
the SPD, Rainer Volkmann, said that someone who harms Idriz would do overall damage to
moderate forms of Islam and strengthened its radical representatives. Also the Penzberg
section of the CSU and both Christian Churches supported Idriz and praised his efforts for
integration. Following the allegations of the Bavarian Interior Ministry, the city of Munich is
now acting cautiously and argues that only if the suspicions of anticonstitutional attitudes are
cleared up, it could further handle the inquiry of the Muslim community. KNA 01.08.07 // taz 10.08.07 // FR 16.08.07 // SZ 17.08.07 // FAZ 27.08.07 //
SZ 27.08.07
Asylum statistics
In August 2007, a total of 1,918 persons have submitted a petition for political asylum in
Germany. The figure constitutes an increase of 29.3 per cent (+435 persons) over the month
before. Compared to August 2006, the number of asylum applicants has slightly increased by
1.0 per cent (+19 persons). The main countries of origin in August were Iraq (706), Serbia
(135), Turkey (109) and Vietnam (100) followed by the Russian Federation (69). In August,
the Federal Office for Migration and Refugees decided on 3,067 asylum applications.
Twenty-two persons (0.7 per cent) were recognised as being entitled to political asylum.
Another 1,543 persons (50.3 per cent) were granted protection against deportation according
to § 60, paragraph 1, Residence Act. The petitions of 882 persons (28.8 per cent) have
been rejected. The cases of a further 580 persons (18.9 per cent) have been closed for other
reasons (e.g. due to suspensions of asylum procedures because persons have withdrawn their
applications). Press release of BMI of 10.09.07
August 2007 | | | | |
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