EU’s future home affairs agenda: ‘open and secure’ for whom?

On March 11 the Commission published its communication for the future of home affairs ‘An open and secure Europe: making it happen’. The communication is the basis of the ‘post-Stockholm’ guidelines that the Council is going to discuss and adopt in June. Social Platform contributed to the consultation through our civil society hearing co-organised with the Commission (Dec 2013).

Summary

The overall message is for the EU to transpose existing asylum legislation; evaluate and complete the legal framework for migration policy, going from a sectorial to a consolidated approach. It mentions the need for further efforts in the area of integration but particularly it emphasis the need to step up law enforcement cooperation in order to ‘protect Europe’ against common –external – threats of organised crimes. Human rights are foremost referred to regarding EU’s cooperation with third countries to ensure ‘its international HR obligations’. Member states are though reminded, in light of the effects of the economic and social crisis, to guarantee fundamental rights inline with the Charter of FR, when acting within the scope of EU law.

The communication clearly refers to the ‘safety and security of ‘EU citizens’ and a ‘citizens-oriented approach’ which is to be the ‘guiding principle for further work’. This distinction clearly misses out on the point that all countries have human rights obligations, irrespective of whether they are members of the EU or not. Upholding human rights within Europe is even more important in order for the EU to remain credible in its partnership agreements with third countries. Instead of a  ‘citizens-oriented approach’ the EU should take on a human rights approach recognising and respecting all individuals on its territories as rights holders.

Specific points:

Maximising the benefits of migration and integration’ (section 1) includes several points relevant for Social Platform members:

  • The need for migration policy’s contribution to the Europe 2020 Strategy, and synergies with different policy areas. The headline targets employment and education is mentioned but not social inclusion, also focus remains on highly skilled professionals while disregarding the low-skilled workers.
  • Maximising the potential of migrants and come to terms with the high degree of social exclusion of migrants. According to the Commission this is best done through improved job-matching mechanisms and pre-departure measures (e.g. training and recognition of qualifications). Also further work on portability of pension rights and social entitlements. The Commission proposes a ‘single area of migration’ by evaluating current legislation, identify gaps, codify and streamline the rights of third-country nationals to facilitate intra-EU mobility.
  • Strengthen the integration of migrants in the labour market and receiving societies by giving specific attention to gender balance and migrant women, fair treatment and non-discrimination in access to the labour market, vulnerable migrants (in particular women, young migrants and unaccompanied minors) through identify and disseminate successful policies and best practices.
  • Irregular migration – 'preventing and reducing' smuggling and trafficking and demand from employers to offer illegal labour opportunities. Cooperation with countries of origin, assisted voluntary return and reintegration is mentioned as key solutions, involving NGOs. Unfortunately it does not include any of NGOs concerns regarding irregular migrant's basic human rights.

'Schengen, visa and external borders' (section 2) and a Common European Asylum System (section 3) highlighting the need for both responsibility and solidarity when member states respond to migration flows; asylum claims, reception, needs of vulnerable groups and those in need of international protection. NGO's call for alternatives to detention is not addressed. Further (section 4) develops the global approach to migration and mobility outlining how to support countries of origin through partnership with third countries across different policy areas (e.g. mainstreaming migration policy into development and poverty reduction plans and supporting human rights and democracy). Finally part (section 5) speaks about protecting Europe against cross-border crimes, mentioning the need to prolong the EU Anti-Trafficking Coordinator and transpose its strategy along with the need to examine if a comprehensive EU strategy to protect children against sexual crimes is needed.

Social Platform will, together with NGOs working on migration and asylum, make further assessment and respond to the future guidelines ahead of the new Commission and European Parliament.

Read also our news on the Commission's communication on Rule of Law (published the same day)

2014-03-15