Policy Paper Proposal of the Working Group on Migration The act of…

Policy Paper Proposal of the Working Group on Migration

The act of free movement, as well as the freedom to stay, are human rights. Migrants have shaped
cultures and societies in the past, and will continue doing so. However, forced migration leads to
suffering and decline, and the root causes that force people to leave their societies must be combated.

The borders of the European Union are not limited to the exterior borders, but are also present at
airports, in summary controls of identity within the borders and in the electronic control systems that
are being implemented throughout Europe.

Now more than ever we need shared positions. The European Greens agree on a common approach
to Migration, emphasizing solidarity. Looking at it as a global phenomenon provides opportunities for
effective analysis. We Greens base our position on the rights that citizens must have. It is not based
on the restrictions that we would impose on them.

We Greens strive for proactive policies that benefit the migrant and the society as a whole. Inclusion
policy is not a favour to migrants, it is needed for the whole society to function. It is an enriching
process for the whole population.

We Greens believe in diversity as a positive value. We are not afraid of the prospect of change in our
communities, being supportive of inclusion as a dialogue and not as an imposition.

We Greens want to open more bridges into Europe: it is fundamental for us. We want to broaden the
legal channels through which people settle in the EU. If there are legal ways to Europe, less people
will go an dangerous and potential deadly journey.

These principles will not prevent us from working on the causes that make migration a necessity and
not a choice. Actions to combat climate change must be further developed and given enough funding
to guarantee definite results. This will also bring about new jobs. The EU must throw all of its energy
towards preventing conflicts and restore peaceful conditions all over the world. Improving co-
development and making sure the EU devotes part of its budget towards education and development
schemes in the sourcing countries is only a means of restoring balance in European migration policies
which are skewed to law-enforcement objectives rather than providing treatment characterized by
humanity, care, respect and empathy.

Full access to the labour market for all EU residents
Before looking at the potential labour migrants outside the European Union, Member States should
first grant full access to the labour market to all present residents within the Union. That means that
nationals of the "new member states" have the full freedom of movement immediately after their
accession. All third country nationals already settled in the EU, including their family members, should
have full access to the labour market, health and education facilities. After three years of residence
and work, they should receive the same social rights and freedom of movement and settlement as
European Union citizens.

EU policy on labour migration: blue card, temporary migration and minimum standards
To the EU proposal of a blue card for highly skilled migrants, EGP wants to add the possibility of
facilitated entry for semi-skilled and unskilled workers. This would allow third country nationals to enter
the EU legally, search for work and get a working permit legally. After a certain period of time ­ for
example two or three years ­ it should be possible to change from a temporary to a permanent status.
Knowing that the needs and realities of the labour markets are different in each Member State, the
EGP does not favour a central quota for the whole EU, but prefers choices on numbers being made on
national level. EGP calls for a legal framework on EU-level for minimum standards on the rights of
labour migrants. The EU has to guarantee protection against abuse by employers and slum lords, give
migrants the possibility to integrate, develop their skills and participate. The minimum standards
encompass transparency, criteria and time limits on application procedures, the right to the national
minimum wage, family reunification and access to housing and education.

Failure of the "Guest worker system": Circular Migration
All types of migration lead to a transfer of skills, ideas, knowledge, create links and interpersonal
networks, contribute to social and economic development of both home and host countries, as well as
contributing to workers themselves. Nowadays most migrants cannot move freely to and from their
home countries, because leaving the European Union means a big risk of never being admitted
anymore. EGP rejects the proposed idea of circular migration, admitting migrants only temporary,
because of the risk of failure like the old "Guest worker system". Migrants that are admitted temporarily
must have the chance to obtain a permanent residence permit. Member States should stimulate
migration by creating conditions for migrants, without affecting their rights and choices. Furthermore,
the EU shall contribute to the transfer of skills and knowledge by granting access to their universities
and high schools to a generous number of people from "developing countries".

Greens, migrants and society
We greens recognize that Europe today is a continent in which many cultures coexist. We strive for
inclusion processes through which all inhabitants from Europe can increase their equitable
participation in the society. The goal of these processes, and our ideal society is one in which all
citizens are integrated, with equal rights and fair chances.

Integration: it must not be a prerequisite for migrants, but a goal
In the last years politicians from Europe consider the possibility of integration as a requisite to migrate
to Europe. We greens reject this view: integration is a goal and inclusion processes are the tool that
society uses to help all citizens to participate. Inclusion must happen when the migrant is in Europe,
not before. Inclusion policy is desirable and needed for the better functioning of our society as a whole

Green inclusion policy: a two way process
For us greens is fundamental to recognize that a integrated society is one that respect diverse groups
as well as individuals. It is not only the migrant that should adapt to Europe: Europe must also adapt to
the migrant. The inclusion process is a dialogue, and as any other dialogue has two directions. As
much as we ask from migrants to adapt into a new society, we also ask the existing society to change
and welcome the newcomer.

Green inclusion policy: organizations and networks
Migrants organize in different ways in every country. We greens recognize the positive role that these
organized individuals can contribute to the inclusion process. As important as formal organizations, we
recognize and value the existence of informal networks of individuals, as valuable in our society.

Green inclusion policy: rights of the migrant
All migrants are entitled to fundamental human rights. Family reunification is one of those rights: we
fully honour everyone's right to live with his or her family, as stated in the European Convention on
Human Rights. There is a tendency of Member States to restrain people from exercising this right,
making unreasonable demands to migrants who want to reunify their family in the European Union.
Barriers such as having to pass a language test in their home country or requiring that they earn much
more than the minimum wage are prejudicial. We greens reject these requirements and guarantee the
right to live in family. Other rights can be incremental in time, up to the point in which migrants have
the same equal rights that European citizens have. We strive for a society in which all individuals are
equal against the law.

Access to asylum
Every person who needs shelter according to the Geneva Conventions must have the possibility to get
access to a fair asylum procedure in Europe. The Greens demand that access to a fair asylum
procedure is always granted to those who need it , in a language the asylum seeker understands or
with the help of translator and with free legal assistance at all stages of the procedure. In each case
an individual assessment is needed, based on objective information of the human rights situation in
the home country. Agencies should never use lists of "safe third countries" which rarely reflect the
harsh living conditions in some countries. The agency responsible for processing the claim should be
independent from the government.

Protection of persons fleeing a conflict
Asylum seekers fleeing a conflict should be granted a high quality protection, with minimum rights,
such as family reunification and access to the labour market. If the conflict they fled is still going on
after three years, they should be granted a permanent residence permit.

Climate change refugees
There are now migrants, displaced persons and their families, who must leave their land because of
environmental disaster that results from both incremental and rapid ecological and climatic change
that includes sea level rise, coastal erosion, desertification, collapsing ecosystems, water
contamination and weather events that are more frequent and unpredictable. As a result, inhabitants
are unable to live safe or sustainable lives in their immediate environment. Some island nations may
cease to exist. The word refugee has been used with strong moral connotations of societal protection
in most world cultures, and it must now be extended to those who are forced to migrate because of
climatic change.

The Dublin convention
The EGP favours the revision or removal of the Dublin II convention on the grounds that it creates a
disproportionate burden for some countries and complicates the processing of asylum claims. The
removal of this Convention is essential for small former "transit" countries. The European Refugee
Fund may help in shifting the balance by compensating financially Member states dealing with the
biggest share of asylum seekers. The European Union should take responsibility for asylum seekers
crossing the Union border: asylum seekers may not be deported to neighbouring countries without
having assessed the asylum claim.

Borders
The EGP favours an EU-competency for surveillance of external borders of the Union, in order not to
overwhelm border-countries. Frontex has to acknowledge the International Refugee Conventions and
the European Convention on Human Rights. Human Rights must be integrated in the training of
Frontex personal. The EGP criticizes Frontex, the EU agency with the responsibility to manage
borders, for rather aiming at deterring migrants than protecting them when they arrive in the EU. The
EU should never stop people from eventually claiming asylum and becoming recognised refugees.
Since addressing the reasons for migration is not Frontex's responsibility it cannot decrease the
number of irregular migrants coming to the EU, however, it should save lives by rescuing boat people.

Detention
The European Greens oppose the principle of detaining persons not found guilty of any crime but who
just violated an administrative rule (i.e. entering or staying without proper documentation in the
European Union). Detention is a juridical paradox. In cases of last resort, if detention is unavoidable,
the EGP calls for a detention as short a possible (preferably only a few days) and in the best
conditions possible (as regards to recreation, hygiene and privacy), and never be applied to minors,
asylum seekers and those in vulnerable positions. All detainees should have access to free legal
advice, social assistance and medical support within the centre. For a better transparency, centres
should be checked by an institution responsible for controlling the standards of detention places.
Centres should also be made accessible to politicians, media, NGOs and international organisations.
The use of handcuffs and other degrading treatment on migrants when they need to go out of centres
is condemned.

Improving the situation for irregular migrants
Many irregular migrants suffer from their insecure situation, the lack of rights and the risk of abuse and
exploitation. Irregular migrants should have access to basic provisions such as health care, and
education for children. EGP wants to diminish their number by creating more legal ways for entering
the European Union. Furthermore, EGP favours regularisations for irregular migrants who have
contributed to the Member States for a number of years.

Assistance to irregular migrants
The EGP recognizes a distinction between people helping out irregular migrants (smugglers, people
offering a shelter or rescuing them at sea...) and people abusing migrants (traffickers, slumlords...).
Although the abuse of migrants is to be sanctioned, helping undocumented migrants should be
tolerated and not considered a crime. Captains who rescue boat people should not be punished by
law. Instead all member states should open their harbours for castaways.
Based on the previous conclusions, we suggests the following to be accepted as slogans, demands
and titles for the 2009 campaign for the European Parliament elections

   ·   Stop the detention of asylum seekers, minors and vulnerable persons!
   ·   Remove or amend of the Dublin Convention in order to lighten the burden of Border States of
       the EU!
   ·   Share responsibility between EU member states, to allow refugees or persons granted
       temporary protection to move from one Member State to another!
   ·   Asylum seekers who are not able to return within three years should be granted a permanent
       residence permit!
   ·   Regularise rejected asylum seekers or irregular migrants who cannot be deported back to
       their country of origin!
   ·   Regularise irregular migrants who have lived a life similar to the one of citizens of the host
       country!
   ·   Limit the use of detention to last resort cases, such as irregular migrants refusing to help with
       identification procedures and are about to be deported!
   ·   Foster other solutions than detention!
   ·   Respect human dignity and fundamental rights of irregular migrants!
   ·   Ensure the right to an individual and fair assessment of the claims of all asylum seekers and
       ensure access to asylum procedure to asylum seekers trying to enter the EU!
   ·   Grant asylum seekers the right to work while their application is processed!
   ·   Equal EU-citizenship for citizens from the "new" Member States!
   ·   Full access to labour market and education for all residents in the European Union!
   ·   Free movement for migrants after three years residence in a Member State!
   ·   Blue card also for less skilled and unskilled workers!
   ·   European minimum standards on social rights for labour migrants!
   ·   Temporary labour migrants must have the chance of getting a permanent residence permit!
   ·   For a generous policy of readmission, short-stay visa, facilitation of remittances!
   ·   Access to basic provisions for irregular migrants and regularisation after a certain term!
The Working Group on Migration suggests that it continue working past the 2008 Spring Council in
Ljubljana, both in an advisory role to the campaign team on the topic of Migration and in producing
material that, while election-related, would be helpful to the 2009 campaign, but not tied to it. Another
reason to continue the Working Group would be for exchanging good practices on migration
campaigning. There is no reason to expect that migration flows in and to Europe will decrease,
especially with refugee flows due to climate change that still are in the future, and to have a group
working on these topics could be a good resource for the EGP,