Downstairs : Statewatch News Online: Med crisis and EU response: 21 May 2015 11/15
Home page: http://www.statewatch.org/ e-mail: office@statewatch.org
NEWS
http://www.statewatch.org/news/
1. Council of the European Union: Eurojust: Confiscation, Bosnia: Mandate & Revised civilian tasks: CSDP
2. Big Brother is watching EU - as US moves towards privacy reform, Europe enacts sweeping new spying powers
3. European Commission: Better regulation for better results - An EU agenda
4. Council of Europe (CoE): European ministers adopt new legal standards for tackling foreign terrorist fighters
5. Bureau of Investigative Journalists and the Rendition Project map: The 119 CIA Detainees
6. EU: Council of the European Union: Draft Manual on Law Enforcement Information Exchange
7. EU: Council of the European Union: Law Enforcement Working Party: Overview of expert groups and networks
8. EU: Council of the European Union: LIMITE documents: Data Protection Regulation, EPPO, Presumption of Innocence & Fraud
9. European Parliament: Comparative study on access to documents in international trade negotiations
10. EU: PRUM STATISTICS: Council of the European Union
11. EU: Council of the European Union: SEAFARERS RIGHTS
12. CYPRUS: KISA: Serious violations of detainee’s rights in Detention Centre in Mennogeia
13. EU: Council of the European Union: Salzburg Forum, Austria
14. FRANCE: Controversial French Surveillance Regulation
15. UK & IRELAND: Miscarriages of justice
16. Statewatch Analysis: Full compliance: the EU's new security agenda
17. EU: SCHENGEN: Germany to reintroduce border controls for G7 conference
18. EU Ombudsman: Frontex and "forced returns"
19. EU-TTIP: European Commission Note
20. European Parliament Study: Analysis of Agenda Setting in the European Council, 2009-2014
21. UK: Campaign Opposing Police Surveillance: We are all targets now
22. EU: Council of the European Union: EU Internet Referral Unit at Europol
23. EU: European Data Protection Supervisor (EDPS): Speech in Berlin
24. EU: Junker demands secret service for Europe
25. EU: DATA PROTECTION REGULATION: Council of the European Union discussing its negotiating positions
26. EU: RETURNS POLICY: Council of the European Union: Discussion paper
27. EU: Frontex: Annual Risk Analysis 2015
28. European Commission & HR REP: Action Plan on Human Rights
29. CoE: Secretary General cites judicial weaknesses and media freedom as top human rights concerns
30. SECURITY AGENDA: European Commission
31. EU: Council of the European Union: DATA PROTECTION REGULATION
32. EU: CONNECTED CONTINENT: Council of the European Union
EU-UK-GCHQ-USA-NSA SURVEILLANCE
http://www.statewatch.org/eu-usa-data-surveillance.htm
1. UK: MAKING REMOTE ACCESS TO COMPUTERS "LAWFUL"
2. NSA: US Freedom Act passes House
3. GERMANY-NSA-INQUIRY:
4. German government denies deceit in NSA scandal
5. USA: NSA mass phone surveillance ruled illegal
6. USA- NSA: NSA converting spoken words into searchable text
7. GERMANY-NSA: BND scandal: Bundestag committee issues ultimatum
8. Germany spied on France and EU Commission
9. UK: GCHQ conducted illegal surveillance
10. USA: NSA allowed to continue spying on the rest of the world
And see: NEWS DIGEST: dozens of news links every month:
http://www.statewatch.org/news/Newsinbrief.htm
NEWS
1. Council of the European Union: Eurojust: Confiscation, Bosnia: Mandate & Revised civilian tasks: CSDP
- EUROJUST: Strategic Seminar towards greater cooperation in Freezing and Confiscation of the proceeds of crime: a practitioner's approach Eurojust, The Hague, 11 December 2014 Report (LIMITE doc no: 8570,pdf)
- BOSNIA MANDATE EXTENDED: Proposal of the High Representative of the Union for Foreign Affairs and Security Policy for a Council Decision extending the mandate of the European Union Special Representative in Bosnia and Herzegovina (LIMITE doc no: 8829-15, pdf)
- Revised draft list of generic civilian CSDP tasks (LIMITE doc no 7656-REV-2-15, pdf)
2. Big Brother is watching EU - As the US moves towards privacy reform, Europe enacts sweeping new spying powers (Politico, link):
"A strange and strangely unnoticed trend is emerging in the evolving global response to massive 2013 leaks about US surveillance activities. While our European cousins talk privacy reform, the United States is actually moving ahead with it, albeit more slowly than many would like. As the American side of the Atlantic inches toward self-restraint, many European governments are seeking
3. European Commission: Better regulation for better results - An EU agenda (COM 215-15 Final (pdf)
"In particular, we are calling on the European Parliament and the Council to: Carry out an impact assessment on any substantial amendments the Parliament or Council propose during the legislative process. Where the Parliament and the Council find an agreement significantly different from the initial Commission proposal, they should assess the likely impact and regulatory burden before any final decision"[COM 215-15] and
"The three institutions will ensure an appropriate degree of transparency of the legislative process, including of trilateral negotiations between the three institutions." [emphasis added] The question is how will "appropriate" be defined?
and see earlier draft: COMMUNICATION: Better Regulation For Better Results - An EU Agenda (pdf)
Adopted: Proposal for an Interinstitutional Agreement on Better Regulation (COM 216-15, pdf)
Also: The Commission goes big on downsizing - Frans Timmermans presents his plan for cutting red tape. But it's already undergoing an impact assessment of its own (Politico, link) and EU to shed light on law-making 'kitchen' (euobserver, link): "The European Commission on Tuesday (19 May) presented plans designed to rid itself of its image as of an out-of-touch and overactive bureaucracy.... A regulatory scrutiny board of seven members including three from outside the commission will replace the impact assessment board created in 2006. It will be chaired by a person independent of the commission hierarchy."
4. Council of Europe (CoE): European ministers adopt new legal standards for tackling foreign terrorist fighters: "Foreign ministers from across Europe have adopted the first set of legally-binding international standards to help tackle so-called "foreign terrorist fighters". The measures take the form of an additional protocol to the Council of Europe's convention on the prevention of terrorism, which has so far been signed by 44 of the organisation's 47 member states. The protocol will require countries to outlaw various actions including intentionally taking part in terrorist groups, receiving terrorism training or travelling abroad for the purpose of terrorism. It also provides for a round-the-clock network of national contact points to rapidly exchange information."
- Additional Protocol to Convention on Terrorism (pdf)
- Action Plan (pdf)
- Political Declaration (link)
5. The Bureau of Investigative Journalists and the Rendition Project map: The 119 CIA Detainees (link): "The Bureau of Investigative Journalism and the Rendition Project compiled this information from the US Senate intelligence committee's summary report on CIA detention and torture, from documents relating to military detention in Bagram and Guantanamo Bay, and from media and NGO reports."
See also: Statewatch's Observatory on "rendition" including over 220 submissions to the European Parliament inquiry
6. EU: Council of the European Union: Draft Manual on Law Enforcement Information Exchange (LIMITE doc no: 7779-15, 366 pages, pdf):
"The manual contains an overview of all EU systems, legal bases and instruments of information exchange available to the law enforcement authorities of the Member States." [emphasis in original] and includes the : "following key operational contexts:
– prevention and investigation of criminal offences (and illegal immigration)
– combating terrorism
– maintaining public order and security."
7. EU: Council of the European Union: Law Enforcement Working Party:Overview of expert groups and networks related to the LEWP and the provisional planning of their meetings (LIMITE doc no: 7706-rev-1-15, pdf): "Updated overview of the expert groups and networks related to the LEWP and the provisional planning of their meetings"
Includes RAILPOL (link), European Union (EU) Mobile identification interoperability group (e-Mobidig) (link), AQUAPOL (link), AIRPOL(link), EMPEN (European Medical and Psychological Experts' Network for law enforcement) (link) and ENLETS (link)
8. EU: Council of the European Union: LIMITE documents: Data Protection Regulation, EPPO, Presumption of Innocence & Fraud
- DP REGULATION: REMEDIES, LIABILITY AND SANCTIONS: Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) - Chapter VIII (LIMITE doc no: 8371-15,pdf) 87 Footnotes with Member State positions.
See also European Parliament: Councils consolidated version of March 2015) (630 pages, 4.5MB, pdf) Multi-column document: Commission proposal, European Parliament and Council positions and proposed "compromise"
- EPPO: Proposal for a Regulation on the establishment of the European Public Prosecutor's Office - Orientation debate (LIMITE doc no: 8240-15, pdf)
- PRESUMPTION OF INNOCENCE: TRILOGUE: Proposal for a Directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings - Preparation of second trilogue (LIMITE doc no: 8547-15, 86 pages, pdf) Multi-column document with Commission Proposal, European Parliament and Council positions and proposed "compromise"
- FRAUD: TRILOGUE: Proposal for a Directive of the European Parliament and of the Council on the fight against fraud to the Union's financial interests by means of criminal law[First reading] - Preparation of the next trilogue (LIMITE doc no: 8604-15, (pdf)
9. European Parliament Study: Comparative study on access to documents (and confidentiality rules) in international trade negotiations (pdf):
"It is extremely difficult to strengthen parliamentary oversight of the EU’s trade policies without clear and predictable rules and procedures for the EP to access relevant information from the Commission and the Council. This study provides an overview on the rules guaranteeing access to information in international trade negotiations both in the EU and in selected third countries."
10. EU: PRUM STATISTICS: Council of the European Union: "PRUM Decisions": overview of documents and procedures - overview of declarations - state of play of implementation of automated data exchange (28 pages, pdf):
"The provisions of the "Prüm Decisions" relating to information exchange concern:
– supply of information relating to major events and in order to prevent terrorist offences;
– automated searching of DNA profiles, dactyloscopic data [fingerprints] and vehicle registration data (VRD);
– data protection." [emphasis added]
The Council Decision on PRUM data exchange (2008, pdf) Article 14:covers the "Supply of personal data":
"For the prevention of criminal offences and in maintaining public order and security for major events with a cross-border dimension, in particular for sporting events or European Council meetings, Member States shall, both upon request and of their own accord, supply one another with personal data if any final convictions or other circumstances give reason to believe that the data subjects will commit criminal offences at the events or pose a threat to public order and security, in so far as the supply of such data is permitted under the supplying Member State's national law."
No figures are supplied in the Annex on the use of Article 13 or 14 (Article 13 concerns the exchange of "non-personal data" for the same purpose)
11. EU: Council of the European Union: SEAFARERS RIGHTS: Proposal for a Directive of the European Parliament and of the Council on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2002/23/EC - Analysis of the final compromise text with a view to agreement (LIMITE doc no: 8664-15, pdf) and 8664-ADD-1-15(pdf): EP/Council deal is important for workers' rights - improving protection for everyone who works at sea.
See: Commission Proposal (pdf) and Staff Working Dcoument (pdf)
12. CYPRUS: KISA Press Release: Serious violations of detainee’s rights in Detention Centre in Mennogeia (pdf):
"On Friday, 08.05.2015, delegation of KISA visited and talked to a number of detainees, the majority of who are currently on a hunger strike. Unfortunately, the findings of the meeting confirm the findings of our previous meetings according to several serious violations of the rights of the detainees...."
13. EU: Council of the European Union: Salzburg Forum Ministerial Conference St. Pölten, Austria, 4 and 5 May 2015 - Joint Declaration(LIMITE doc no: 8626-15, pdf ): "The three main challenges discussed were migration and asylum, security and police cooperation with a focus on the fight against terrorism and cyber security."
The Salzburg Forum: Its member states are Austria, Bulgaria, Croatia, the Czech Republic, Hungary, Poland, Romania, Slovakia and Slovenia. It is based on an Austrian initiative taken in 2000, is a platform for multilateral dialogue and cooperation on issues of internal security.
14. FRANCE: Controversial French Surveillance Regulation Should Re-Ignite EU Debate on Surveillance Reform (Center for Democracy & Technology, link): "As has been widely reported in the press, France is moving ahead with new legislation to enable expanded electronic surveillance.. the bill is so excessive that we believe it could, and should, lead to a renewed debate on surveillance reform across Europe. We have long believed that action at the EU level is critical to protecting human rights in the surveillance context, and the French bill shows that this need is more urgent than ever."
See: Full-text of the law: Assemblée Nationale: Projet de loi relatif au Renseignement (link) and France passes new surveillance law in wake of Charlie Hebdo attack (The Guardian, link)
15. UK & IRELAND: MISCARRIAGES OF JUSTICE
UK: Sam Hallam: The man who spent over seven years in jail for a murder he did not commit (The Independent, link): "'I used to get really angry. But now, I say to people I feel more angry than I did then,' says Sam Hallam, who spent more than seven years in jail for a murder he didn’t commit. A teenager when he was sentenced to life in 2005 for a gang-related murder in north London, Mr Hallam always protested his innocence."
See also: Wrongly convicted men launch new case against the Justice Secretary (The Independent, link): "Victims of two of Britain’s most worrying miscarriages of justice of modern times [Sam Hallam and Victor Nealon] are to take the Justice Secretary, Chris Grayling, to court over changes to the law stopping them from receiving compensation for the 24 years they wrongly spent behind bars."
And: Europe: Irish families seek justice for dead relatives (BBC News, link)
16. Statewatch Analysis: Full compliance: the EU's new security agenda(pdf) by Chris Jones
"On the basis of the Commission's communication and ongoing political and legal developments, it is doubtful - to say the least - whether the proposed "full compliance with fundamental rights" will be achieved. Instead, the Agenda looks likely to legitimise more repressive laws and policies at EU and national level."
See also: European Commission: The European Agenda on Security(pdf) published 28 April 2015
17. EU: SCHENGEN: Germany to reintroduce border controls for G7 conference
Thomas de Maizière, Germany's Interior Minister, informed the Council of the EU at the end of April that Germany will be reintroducing border controls from 26 May to 15 June 2015. This is to due to the "increased security requirements" of the G7 summit which takes place in Elmau, Bavaria, on the 7 and 8 June. According to de Maizière's letter, "the controls will be conducted subject to police intelligence, not on a permanent or nationwide basis, but flexibly in terms of time and place. Controls are likely to be focused on the German-Austrian border and... the German-Czech border... In particular, potential perpetrators of violence should be prevented from travelling to the venue in Germany, to help ensure that the summit passes without incident."
See: NOTE from: German delegation: Temporary reintroduction of border controls at the German internal borders (pdf)
Protests against the summit are taking place, for example: Stop G7 Elmau 2015 (link). See also the official site: G7 Germany 2015: "Think Ahead. Act Together." (link)
18.EU Ombudsman: How Frontex can ensure respect for migrants’ fundamental rights during "forced returns" (pdf) and Decision of the European Ombudsman closing her own-initiative inquiry OI/9/2014/MHZ concerning the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) (link)
19. EU-TTIP: Council of the European Union: European Commission Note: Investment in TTIP and beyond – the path for reform (LIMITE doc no: 8555-15, pdf): "CONCEPT PAPER: Investment in TTIP and beyond – the path for reform Enhancing the right to regulate and moving from current ad hoc arbitration towards an Investment Court." This TTIP document is on the key issue of investment arbitration against governments.
And see: European Commission: RECONSTRUCTED: Draft sent 26/3-15 from the Commission to the Trade Policy Committee CHAPTER [ ] Regulatory Cooperation (pdf)
and Press release: TTIP Round 9 - final day press conference: Comments by EU Chief Negotiator Ignacio Garcia Bercero (pdf)
20. European Parliament Study: Analysis of Agenda Setting in the European Council, 2009–2014 (80 pages, pdf): "The research is based on a quantitative analysis of the European Council Conclusions (ECCs) complemented by qualitative examinations of particular elements of the agenda that emerge from the results of the quantitative analysis."
21. UK: Campaign Opposing Police Surveillance: We Are All Targets Now (COPS, link):
"The political police’s choice of who it is reasonable to spy on includes anyone who is politically active, anyone who is related to them, anyone who attends an event at which they’re present. The construction blacklist proves that this is not mere background gathering of information in case it becomes useful. The political policing units have actively broken the law to help ensure their targets are denied work, deliberately inflicting the impacts that has on a person and their family. They are there to disrupt the activities and lives of those they spy on, and that can be anyone."
See: Sitting in the Spycops Priority Area (Bristling Badger, link)
22. EU: Council of the European Union: EU Internet Referral Unit at Europol - Concept note (LIMITE doc no: 7266-15, pdf)
"Given the size of the problem, its span across multiple linguistic audiences and jurisdictions, tackling this phenomenon efficiently requires the EU Member States to pool resources and devise a coherent and coordinated European prevention strategy to counter terrorist propaganda and ensure that Internet remains a public good, free of terrorist and violent extremist propaganda while respecting fundamental principles such as the freedom of speech.
Accordingly, on 12 March 2015 the Council of Ministers agreed that building on the Check-the- Web project, Europol will develop an EU Internet Referral Unit (EU IRU) by 1 July 2015"
23. EU: European Data Protection Supervisor (EDPS): Speech in Berlin:Value of the EU Data Protection Reform against the Big Data challenges (pdf):
"Let me start with a message that I hope will resonate with all of you: We need global bridges to be able to protect the personal data and privacy of the individuals facing borderless technologies, business models and networks that use their data as fuel."
24. EU: Juncker demands secret service for Europe (The Times, link):"The president of the European Commission has demanded his own secret service to counter spies from the bloc’s national governments after it emerged that German secret agents helped America to spy on Brussels."
25. EU: DATA PROTECTION REGULATION: Council of the European Union discussing its negotiating positions (30 April 2015): Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation):
• Relationship Chapters II and IX (LIMITE doc no: 8309-15, pdf) includes "Purpose limitation and further processing in Chapter II" and "Further processing and Article 83", includes research exception.
• GENERAL PRINCIPLES: Chapters I and XI (LIMITE doc no: 8372-15, pdf) 66 Member State positions.
26. EU: RETURNS POLICY: Council of the European Union: From Council Presidency: Return and readmission policy - Discussion paper (LIMITE doc no 7156-15, pdf):
"In its March 2014 Communication on EU Return Policy, the Commission reported that "there is a considerable gap between the persons issued with a return decision (approximately 484 000 persons in 2012, 491 000 in 2011 and 540 000 in 2010) and those who, as a consequence, have left the EU (approximately 178 000 in 2012, 167 000 in 2011 and 199 000 in 2010). There are multiple reasons for this gap, including in particular lack of cooperation from the non-EU country of origin or transit (e.g. problems in obtaining the necessary documentation from non-EU consular authorities) and lack of cooperation from the individual concerned (i.e. he/she conceals his/her identity or absconds).".....
Quite frequently, the third countries concerned appear reluctant to accept the “third country national clause” or even oppose its inclusion in the agreement.... It would probably be useful to further reflect on the need to review this strategy on readmission, adopted by the Council in 2011, and to look for more powerful incentives for third countries of origin to cooperate on readmission.
It might be useful to establish a linkage between the currently negotiated amendment of the Visa Code and the cooperation of third countries in the return/readmission of their nationals. The currently negotiated amendment of the Visa Code provides for a number of visa facilitations to third country nationals who are subject to the visa requirement. The applicability of these facilitations is currently exclusively linked to individual circumstances of third-country nationals. This approach might be reviewed, and visa facilitation only be granted to nationals of third countries who cooperate on readmission."[emphasis in original]
27. EU: Frontex: Annual Risk Analysis 2015 (pdf)
See also: Frontex: Annual Risk Analysis 2014 (pdf), Frontex: Annual Risk Analysis 2013 (pdf) and Frontex: Annual Risk Analysis 2012 (pdf)
28. European Commission and the High Representative of the EU for Foreign Affairs and Security Policy: Joint Communication: Action Plan on Human Rights and Democracy (2015-2019) "Keeping human rights at the heart of the EU agenda" (JOIN 15-15, pdf)
29. CoE: Secretary General cites judicial weaknesses and media freedom as top human rights concerns: State of democracy, human rights and the rule of law in Europe; A shared responsibility for democratic security in Europe : Report by the Secretary General of the Council of Europe (pdf)
"Europe’s democratic shortcomings are bigger, deeper and geographically more widespread than previously understood according to the latest overview of human rights, democracy and the rule of law in the 47 Council of Europe member states. The report, by Council of Europe Secretary General Thorbjørn Jagland, identifies the lack of judicial independence in many countries and threats to media freedom across the continent as the two biggest challenges to democratic security.
“Honest and decent courts are essential for supporting democracy and maintaining stability, yet over a third of our member countries are failing to ensure that their legal systems are sufficiently independent and impartial,” said the Secretary General.
“Media freedom, on the other hand, is under pressure across the whole continent. Journalists face physical threats in many places, anti-terror laws are being used to limit free speech and certain media arrangements unfairly favour those who are in power.”
30. SECURITY AGENDA: European Commission: The European Agenda on Security (pdf) published 28 April 2015
31. EU: Council of the European Union: DATA PROTECTION REGULATION: LIMITE documents from 27 April 2015: Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation):
" RIGHTS OF THE DATA SUBJECT: Preparation for a general approach: Chapter III (LIMITE doc no: 7978-REV 1-15, pdf) 53 pages with 233 Member State positions. Possible deal on the key chapter of the data protection regulation - going to COREPER tomorrow.
" SWEDEN: Chapters I and XI (LIMITE doc no: 8353-15,pdf)
32. EU: CONNECTED CONTINENT: Council of the European Union: Proposal for a Regulation laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012:
" Preparation for the third informal trilogue - examination of the Presidency compromise text (LIMITE doc no: 8337-15,pdf)
EU-UK-GCHQ-USA-NSA SURVEILLANCE
http://www.statewatch.org/eu-usa-data-surveillance.htm
1. UK: MAKING REMOTE ACCESS TO COMPUTERS "LAWFUL":Intelligence officers given immunity from hacking laws, tribunal told - Legislative changes exempting law enforcement officers from ban on breaking into people’s digital devices were never debated by parliament, tribunal hears (Guardian, link):
"GCHQ staff, intelligence officers and police have been given immunity from prosecution for hacking into computers, laptops and mobile phones under legislative changes that were never fully debated by parliament, a tribunal has been told.
The unnoticed re-writing of a key clause of the Computer Misuse Act has exempted law enforcement officials from the prohibition on breaking into other people’s laptops, databases, mobile phones or digital systems. It came into force in March. The new clause 10, entitled somewhat misleadingly “Savings”, is designed to prevent officers from committing a crime when they remotely access computers of suspected criminals.
Changes to the Computer Misuse Act were introduced by the Serious Crime Act 2015 which received royal assent on 3 March 2015. No reference to the true impact of the changes was made in the parliamentary explanatory notes that accompanied the bill, according to Privacy International."
The Serious Crimes Act 2015 (pdf) contains the following amendment to the Computer Misuse Act: "the person does any unauthorised act in relation to a computer" [emphasis added: Section 41] As long as it is "authorised" its lawful.
See: After legal claim filed against GCHQ hacking, UK government rewrite law to permit GCHQ hacking (PI, link):
"In its legal filings, sent to Privacy International only the day before the hearing began, the Government notified claimants that the Computer Misuse Act was rewritten on 3 March 2015 to exempt the intelligence services from provisions making hacking illegal.
The explaintory notes that accompanied the act [Computer Misuse Act] make no reference to the true impact of the change. It appears no regulators, commissioners responsible for overseeing the intelligence agencies, the Information Commissioner's Office, industry, NGOs or the public were notified or consulted about the proposed legislative changes. There was no published Privacy Impact Assessment. Only the Ministry of Justice, Crown Prosecution Service, Scotland Office, Northern Ireland Office, GCHQ, Police and National Crime Agency were consulted as stakeholders. There was no public debate.That legislation, deemed the Serious Crime Bill 2015, passed into law on 3 March 2015 and become effective on 3 May 2015."
15 May 2015, the Home Office issued two amended Codes of Practice:
- Acquisition and Disclosure of Communications Data Code of Practice(pdf)
- Retention of Communications Data Code of Practice (pdf)
2. NSA: USA Freedom Act Passes House, Codifying Bulk Collection For First Time, Critics Say (The Intercept, link):
"After only one hour of floor debate, and no allowed amendments, the House of Representatives today passed legislation that seeks to address the NSA’s controversial surveillance of American communications. However, opponents believe it may give brand new authorization to the U.S. government to conduct domestic dragnets. The USA Freedom Act was approved in a 338-88 vote... The measure now goes to the Senate where its future is uncertain. Majority Leader Mitch McConnell has declined to schedule the bill for consideration, and is instead pushing for a clean reauthorization of expiring Patriot Act provisions that includes no surveillance reforms."
It does not limit the government’s authority to collect information overseas, including data on telephone and email records - in short NSA can carry on spying on the rest of the world.
3. GERMANY-NSA-INQUIRY: WikiLeaks, er, leaks the Bundestag Inquiry into NSA naughtiness - Includes a German spook explaining how to siphon data from fibre-optic cables (The Register, link)
See: Bundestag Inquiry into BND and NSA (Wikileaks, link) Excellent, with transcripts of hearings.
4. German government denies deceit in NSA scandal (euractiv, link):
"Chancellor Merkel’s spokesman Steffen Seibert rejected accusations of a govenment cover-up in the mushrooming NSA scandal. Seibert said on Monday (11 May) that he reported on the issue that to the best of his judgement, appropriately presenting his level of knowledge at that time. His statement comes in response to accusations that Washington never offered Germany a No-Spy-Agreement, in contrast to government statements that suggested otherwise at the time. "
and see: BND spying affair divides German coalition (euractiv, link)
5. USA: NSA mass phone surveillance revealed by Edward Snowden ruled illegal (The Guardian, link): "The US court of appeals has ruled that the bulk collection of telephone metadata is unlawful, in a landmark decision that clears the way for a full legal challenge against the National Security Agency."
See the full judgment: ACLU v. Clapper (pdf)
6. USA- NSA: The Computers are Listening - How the NSA Converts Spoken Words Into Searchable Text (The Intercept, link):
"Top-secret documents from the archive of former NSA contractor Edward Snowden show the National Security Agency can now automatically recognize the content within phone calls by creating rough transcripts and phonetic representations that can be easily searched and stored."
See documents: Media Mining - the future is now (pdf) and UK: Security Service and speech technology (STRAP 1, pdf):
7. GERMANY-NSA: BND scandal: Bundestag committee issues ultimatum (euractiv, link):
"The Bundestag's NSA investigation committee has demanded lists of search terms Germany's intelligence service, the BND, allegedly spied on for Washington."
And see: Merkel defends BND amid NSA spy scandal (euronews, link):"intelligence agencies must be able to work in secret to ensure the public’s safety. The German government will do everything it can to ensure that intelligence agencies are able to carry out their duties. In the face of international terrorism threats, they can only do this in cooperation with other intelligence agencies and that includes first and foremost the NSA.”
8. Germany spied on France and the EU Commission: Report(euobserver, link):
"German Chancellor Angela Merkel’s government has been embarrassed by reports that the country's intelligence service was spying on France and the European Commission for the US National security agency (NSA).
According to the Sueddeutsche Zeitung newspaper on Thursday (30 April), the BND, the German intelligence service, listened in on officials from the French presidency and foreign affairs ministry, as well as the EU Commission.... "The core of the issue is the political espionage of our European neighbours and of the EU institutions," a German official is quoted as saying by the Sueddeutsche Zeitung."
9. UK: GCHQ conducted illegal surveillance, investigatory powers tribunal rules - Eavesdropping agency must destroy documents containing legally privileged communications relating to Libyan rendition victim Sami al-Saadi (Guardian, link):
"The ruling marks the first time in its 15-year history that the investigatory powers tribunal has upheld a specific complaint against the intelligence services, lawyers have said. It is also the first time the tribunal has ordered a security service to give up surveillance material.
The IPT says GCHQ must destroy two documents which are legally privileged communications belonging to a former opponent of the Gaddafi regime, Sami al-Saadi, who was sent back to Libya in 2004 in a joint MI6-CIA “rendition” operation with his wife and four children under 12."
10. USA: NSA allowed to continue spying on the rest of the world:Nearly Two Years After Snowden, Congress Poised to Do Something Just Not Much (The Intercept, link):
"Congress is doing nothing to limit NSA programs ostensibly targeted at foreigners that nonetheless collect vast amounts of American communications, nor to limit the agency’s mass surveillance of non-American communications. The limited reforms in the new bill affect only the one program explicitly aimed at Americans." [emphasis added]
See: US Freedom Act 2015 (pdf)
And see: GCHQ is authorised to spy on the world but the UK Interception of Communications Commissioner says this is OK as it is lawful (Statewatch Analysis)
USING THE STATEWATCH WEBSITE
News Online: http://www.statewatch.org/news/newsfull.htmWhats New (all new items): http://www.statewatch.org/whatsnew.htmIn the News: http://www.statewatch.org/news/Newsinbrief.htmObservatories (20): http://www.statewatch.org/observatories.htmAnalyses (1999 - ongoing): http://www.statewatch.org/analyses.htmStatewatch Bulletin/Journal: Archive: Since 1991:http://www.statewatch.org/subscriber/Database, over 31,000 items:http://database.statewatch.org/search.aspStatewatch European Monitoring & Documentation Centre on Jutice and Home Affairs in the EU: http://www.statewatch.org/semdoc/JHA Archive - EU Justice and Home Affairs documents from 1976 onwards: http://www.statewatch.org/semdoc/index.php?id=1143About Statewatch: http://www.statewatch.org/about.htm
Statewatch News Online, 21 May 2015 (11/15) Home page: http://www.statewatch.org/ e-mail: office@statewatch.org
Statewatch coverage of the migrant crisis in the Mediterranean
Key Analysis and Documents
1. Statewatch Analysis: The EU's Planed War on Smugglers
2. Council: Secret plan for a war on smugglers - document (PSC)
3. Council Press Release: 18 May 2015
4. European Commission: A European Agenda on Migration
5. Mission in the Med: financial support under the ATHENA Decision
6. European External Action Service: Libya, a Political Framework for a Crisis Approach (EUBAM)
7. Ongoing EU external operations (European External Action service)
NEWS
1. MORE MONEY for MED CRISIS: New budget
2. Guardian view on Mediterranean migrants, a rescue plan with many flaws
3. France and Spain reject quotas for taking migrants
4. EMHRN statement
5. EU Ministers back naval mission, reject migrant quotas
6. DEVELOPING STORY (18.5.15): Council of the European Union: Press Release
7. Naval force tipped to begin work as soon as mid-June
8. Joint Communication: European Commission & High Representative
9. Libya to Europe: Please Don't Come to Our Rescue
10. European Commission: A European Agenda on Migration
11. Migrant crisis: Plan could involve ground forces
12. UN-MED: EU mission could endanger refugees, UN warns
13. Human costs of border control
14. UN RESOLUTION ON MED: Questions and answers
15. Commission: EU Migration Agenda: leaked draft
16. Statewatch story: EU moves ahead with military response to migration
17. Statewatch story: Tripling Triton's budget: how fast will the EU move?
18. Global Detention Project (GDP)
19. EU-UK: Royal Navy migrant rescue mission delayed by diplomatic wrangle
20. Thousands of migrants rescued in Med
21. EU Weighs Bombing Migrant Boats
22. EU: Ongoing external/ operations
23. European Parliament: Parliament calls for urgent measures to save lives
24. UN Security Council President statement
25. Reportage - digest
26. Draft list of Member State "pledges" of military and other "assets"
27. EU Law Analysis
28. Press coverage
Key Analysis and Documents
1. Statewatch Analysis: The EU’s Planned War on Smugglers (pdf) by Steve Peers, Professor of Law, University of Essex:
"it is clear from the documents discussed in the EU’s Political and Security Committee last week that (unless plans have changed radically in the meantime) the High Representative is being “economical with the truth”. The EU action clearly contemplates action by ground forces. Moreover, it anticipates the possible loss of life not only of smugglers but also of Member States’ forces and refugees. In effect, the EU is planning to declare war on migrant smugglers – without thinking through the consequences."
2. Secret EU plan for a war on smugglers - document (PSC, pdf)
3. Press Release: Council establishes EU naval operation to disrupt human smugglers in the Mediterranean (pdf) and Comparison between Draft and Final Statements (pdf)
4.European Commission: A European Agenda on Migration (COM 240-15, pdf)
5. Mission in the Med could call for financial support under the: ATHENA Council Decision (pdf)
6. European External Action Service: Libya, a Political Framework for a Crisis Approach (LIMITE doc no: 13829-14, pdf)
7. Ongoing EU external operations (European External Action service, pdf)
NEWS
1. EU: MORE MONEY for MED CRISIS: New budget: Responding to migratory pressues (pdf):
"additional appropriations – EUR 75,8 million in commitment appropriations and EUR 69,7 million in payment appropriations – to provide the additional funding to be authorised in the 2015 budget for the migration measures. These reinforcements are distributed across five budget lines" [see p7]
2. The Guardian view on Mediterranean migrants: a rescue plan with many flaws - Editorial (Guardian, link):
"Britain has taken the lead in trampling the solidarity principle on asylum. The EU migration plan is long on rhetoric but short on substance. The causes of African migration must be addressed ...
The military aspect of the plans is also problematic. Yes, force may be required to combat trafficking networks, particularly to take control of empty boats and put them beyond use. But talk of possible onshore, commando-type operations, or infringement of Libyan sovereignty, has opened up a Pandora’s box of uncertainties. Although Ms Mogherini is ruling out “boots on the ground”, mission creep is an obvious worry. Russia will not be inclined to cooperate in the UN with anything suggesting the use of force in Libya, given the 2011 Nato precedent. The military option sounds tough, but who knows how EU forces, once deployed, could react if attacked in the context of the Libyan tinderbox?"
3. EU plan for migrant quotas hits rocks after France and Spain object - French president François Hollande says quotas are ‘out of the question’ 24 hours after Spanish foreign minister flatly rejects proposal (Guardian, link)
4. European Agenda on Migration Missed Opportunity to Protect Rights and Save Lives (EMHRN, link): "As the European Parliament is set to look at the Commission’s ‘bold’ Agenda on Migration, the European Mediterranean Human Rights Network (EMHRN) warns of its many pitfalls and shortcomings....By focusing on the consequences rather than the real root causes of irregular migration, the Commission has missed an opportunity for a meaningful alternative the EU can and should embrace." And see: European Commission: A European Agenda on Migration (COM 240-15, pdf)
5. EU ministers back Mediterranean naval mission, reject migrant quotas (euractiv, link): "European Union foreign and defence ministers agreed on a naval mission on Monday (18 May) to target gangs smuggling migrants from Libya. But parts of a broader plan to deal with the influx began to unravel in a row over national quotas for housing asylum seekers."
And see: Italian coastguards: military action will not solve Mediterranean migrant crisis (Guardian, link): "The Italian coastguards leading migrant rescue missions in the southern Mediterranean have voiced concern about the EU’s migration strategy, arguing that military operations will not stop migration to Europe and calling instead for European navies to prioritise search-and-rescue missions. Speaking on Monday before EU defence and foreign ministers agreed to launch military operations against Libyan smugglers, coastguard captain Paolo Cafaro said a military campaign would not eradicate the root causes of the Mediterranean crisis....
Cafaro also questioned whether European navies would be able to target smugglers’ boats before they are used for migration missions, due to both the absence of a blessing from Libya’s official government and the UN, as well the complexities of the smuggling process. Smuggling boats are often simply fishing boats bought in the days prior to a trip, and kept in civilian harbours until the night of their departure."
6. DEVELOPING STORY (18.5.15): Council of the European Union: Press Release: Council establishes EU naval operation to disrupt human smugglers in the Mediterranean (pdf) See: Mediterranean migrants crisis: Is military force the solution? (BBC News, link) and EU to launch Mediterranean naval mission to tackle migrant crisis (Guardian, link): "The mission’s rules of engagement have still to be thrashed out and one diplomat described the deployment of such forces as “the next step in terms of operational details”. The level of collateral damage considered acceptable would also be discussed after the mission was up and running, he said." [emphasis added]
EU RESPONSE TO MED CRISIS: BOARDING AND DESTROYING BOATS-"BOOTS ON THE GROUND"- "COLLATERAL" EFFECTS? Today EU Defence and Foreign Affairs Council is meeting in Brussels - on Tuesday there will be a meeting of EU Defence Chiefs (with NATO in attendance). The EU is still waiting for UN approval of its Libya plan, which being drafted by the UK to legitimate EU military operations in Libyan waters and coast. See: Remarks by HR/Vice-President at the start of the meeting (Council press release, pdf)
UK to offer drones to help combat people-smugglers in Libya - Britain set to take leading role in Mediterranean military operation by supplying intelligence in response to migrant boat crisis (Guardian, link), Nato 'ready to help' EU anti-migrant smuggler operation (euobserver, link) and EU: boat-sinking Yes, migrant quotas No (euobserver, link)
Among the responses will be the report to the Political and Security Committee of the Council last Tuesday (12 May 2015) which includes:
"Non-compliant boarding operations against smugglers in the presence of migrants has a high risk of collateral damage including the loss of life[page 8] ...Collateral effects of EU kinetic actions will need to be avoided but the risk remains. Any casualties as a result of EU action could trigger a negative response from the local population and the wider region, jeopardising support and follow-up." [page 16]
"The operation would require a broad range of air, maritime and land capabilities. These could include:
- Intelligence, Surveillance and Reconnaissance;
- Boarding teams;
- Patrol units (air and maritime);
- Amphibious assets;
- Destruction air, land and sea, including Special Forces units" [p18, emphasis added]
7. Naval Force tipped to begin work in Mediterranean as soon as mid-June
As a result of the tragic events unfolding in the Mediterranean Sea over the last few months, with over 1000 lives lost this year alone[1], the European Union Naval Force (EUNAVFOR) is said to be preparing for operations in European waters. According to news website Bruxelles2 [2], the details of a Mediterranean operation have been tentatively planned, with some Member States providing 'means and resources'.
8. Joint Communication: European Commission and the High Representative of the EU for Foreign Affairs and Security Policy: Capacity building in support of security and development - Enabling partners to prevent and manage crises (pdf) Details EU external policies and begins with the statement that:
"Events in Africa, in Europe's neighbourhood and beyond point to a dramatic and deteriorating global security situation, with more than 1.5 billion people living in fragile and conflict affected regions worldwide. On current trends, this number is projected to grow to 2 billion by 2030."
9. Libya to Europe: Please Don’t Come to Our Rescue (FP, link): "Libya's U.N. envoy expresses skepticism over European plans to fight migrant smugglers in Libyan territory, saying it will cause more trouble than it's worth."
And see: Des « Boots on the ground » en Libye, le grand phantasme? (Bruxelles2, link)
10. European Commission: A European Agenda on Migration (COM 240-15, pdf):
"The criminal networks which exploit vulnerable migrants must be targeted. The High Representative/Vice President (HR/VP) has already presented options for possible Common Security and Defence Policy (CSDP) operations to systematically identify, capture and destroy vessels used by smugglers. Such action under international law will be a powerful demonstration of the EU's determination to act." [emphasis in original]
The Commission "Agenda" will thus be supplemented by a plan for a military-intelligence operation "on the ground" in Libya being prepared by the High Representative/Vice President (HR/VP) through the European External Action Service (EEAS) - see Guardian story below. See: Current: Ongoing EU operations (EEAS, pdf) and European External Action Service: Libya, a Political Framework for a Crisis Approach (LIMITE doc no: 13829-14, pdf)
See: Military action underpins EU migration plan (euobserver, link): "Foreign and defence ministers, in Brussels on Monday will discuss a 19-page blueprint prepared by Mogherini’s staff and leaked to British daily The Guardian... It notes that “a [military] presence ashore might be envisaged if agreement was reached with relevant authorities”. But it warns that “the terrorist presence in the region constitutes a security threat. Action taken ashore could be undertaken in a hostile environment.” and National concerns erode European migration strategy (euractiv, link)
11. Migrant crisis: EU plan to strike Libya networks could include ground forces - Exclusive: Strategy paper for the mission focuses on air and naval campaign, but adds that ‘presence ashore’ might be needed to destroy smugglers’ assets (Guardian, link)
"European plans for a military campaign to smash the migrant smuggling networks operating out of Libya include options for ground forces on Libyan territory.
The 19-page strategy paper for the mission, obtained by the Guardian, focuses on an air and naval campaign in the Mediterranean and in Libyan territorial waters, subject to United Nations blessing. But it adds that ground operations in Libya may also be needed to destroy the smugglers’ vessels and assets, such as fuel dumps...
“The operation would require a broad range of air, maritime and land capabilities. These could include: intelligence, surveillance and reconnaissance; boarding teams; patrol units (air and maritime); amphibious assets; destruction air, land and sea, including special forces units.”
12. UN-MED: EU mission could endanger refugees, UN warns (euobserver, link): "A senior UN official has warned the EU that “innocent refugees”, including children, will be “in the line of fire” of any operation to sink migrant smugglers’ boats. Peter Sutherland, the UN special envoy on migration and a former EU commissioner, issued the warning at a meeting of the UN Security Council (UNSC) in New York on Monday (11 May).
And see: Mediterranean crisis demands ‘intensive dialogue’ among UN and regional actors, Security Council told (UN News Centre, link)
13. Human Costs of Border Control - Deaths at the Borders of Southern Europe (link)
"The Deaths at the Borders Database is the first collection of official, state-produced evidence on people who died while attempting to reach southern EU countries from the Balkans, the Middle East, and North & West Africa, and whose bodies were found in or brought to Europe."
14. UN RESOLUTION ON MED: Questions and answers: High Representative/Vice President (pdf):
"I'm afraid that what I can say now might not convince them to stop. Especially because the people that are leaving are coming from crisis areas, from conflict areas. And I'm afraid that there is nothing I can say to someone leaving from Syria, or from areas of conflict nowadays. What I can say to them is we, as Europeans, I add personally, finally, understood that we have to take this seriously, and together as Europeans. On different elements - preventing and managing conflicts - the main point is Syria there, but not only. Majority of the people come from the Horn of Africa."
See also: Commission: Strategy Note on " Legal Migration" (pdf)
15. European Commission: EU Migration Agenda (pdf)
A leaked draft of the Commission communication on the EU migration agenda which is due to be published on Wednesday 13th May. It might be changed before publication and may also be missing some text.(First published on EU Law Analysis)
16. EU moves ahead with military response to migration; pushes for Europe-wide migrant "quotas"
The EU's proposal to try and deal with the crisis in the Mediterranean by destroying boats used to transport migrants is moving ahead, with foreign policy chief Federica Mogherini making the EU's case for military action to the UN Security Council today. The proposed military effort will feature in the Commission's forthcoming 'Agenda on Migration', to be published on Wednesday (pdf), which will revolve around four themes: "a strong common asylum policy, the fight against trafficking and the prevention of irregular migration, managing external borders, and a new policy on legal migration."
17 Tripling Triton's budget: how fast will the EU move?
One of the European Council's recent proposals for dealing with the migration crisis in the Mediterranean was to "rapidly reinforce" the Triton border control mission, operated by EU agency Frontex. However, the speed of the decision-making process in the EU suggests that this reinforcement is not likely to be particularly rapid.
18. Global Detention Project (GDP): The Detention of Asylum Seekers in the Mediterranean Region: April 2015 (pdf): IThis Global Detention Project background paper is intended to highlight some of the vulnerabilities that people seeking international protection face when they are taken into custody in Mediterranean countries and to underscore the way that European Union-driven policies have impacted the migratory phenomenon in the region."
19. EU-UK: Royal Navy migrant rescue mission delayed by diplomatic wrangle - HMS Bulwark awaiting deployment 10 days after David Cameron first offered it for use in Mediterranean search operations (Guardian, link):
"The Royal Navy’s flagship has been temporarily prevented from joining Mediterranean rescue operations while the British and Italian governments wrangle over whether migrants can disembark at Italian ports.... Britain wants guarantees that migrants rescued by HMS Bulwark can be taken to Italian ports."
20. Thousands of migrants rescued in Mediterranean (euobserver, link):
"Thousands of people in rickety boats and rubber dinghies in the Mediterranean were rescued over the weekend in one of the largest life-saving operations to date led by Italy’s coastguard. Italian officials say some 5,800 were plucked from the sea on Sunday (3 May) and Saturday. Around 10 were found dead off the Libyan coast with more 2,150 of them rescued on Sunday alone. The migrants were taken to southern Italian ports."
And see: Italy says 10 migrants die, 4,500 rescued in ongoing mission | Reuters (F.Politics, link)
21. Europe Weighs Bombing Migrant Boats (Defense News, link):
" Europe's leaders are carefully weighing the chances of pulling off an unusual military operation: Bombing small boats before they're loaded up with fishermen or illegal migrants. What sounds like a hypothetical war college exercise has instead become a pressing political problem..."
22. With details of exactly what the EU is going to do and on what legal basis still undecided it is perhaps useful to be reminded of similar ongoing operations the EU is undertaking: Ongoing EU operations (EEAS, pdf) This is full of acronyms, this is what they stand for:
EUAM (EU Administration of Mostar)
EUMM (EU Monitoring mission)
EUPOL (EU Police Mission)
EUMAM (Military Advisory Mission in the Central African Republic)
EUCAP ((EU capacity-building) NESTOR in the Horn of Africa, EUCAP SAHEL Niger EUAVSEC (aviation security) in South Sudan
EUTM (Mali)
EUFOR ALTHEA (Bosnia and Herzegovina)
EUBAM (EU Border Assistance Mission)
EUNAVFOR (EU Naval Force)
Background: A EU Mission in the Med could call for financial support under the: ATHENA Council Decision (pdf). As to the legal basis it could be under Article 44 of the TEU and this was discussed in the Council's Political and Security Committee: PMG Recommendations on Article 44 TEU (LIMITE doc no 6108-15, pdf) which notes that "The Council Legal Service advised that use of an Article 44 mission must be in accordance with: Article 42(1) and Article 43(1)" for a military-civil operation.
The Council Legal Service also concluded: that i) A Article 44 Mission has to be established by a Council Decision, adopted by unaminity ii) the actual implementation can be undertaken by a group of Member States and iii) A Third State can take part.
23. European Parliament: Migration: Parliament calls for urgent measures to save lives (pdf):
"The EU should do everything possible to prevent further loss of life at sea, e.g. by expanding the mandate of “Triton” operation in the Mediterranean to include "search and rescue operations at EU level", says a resolution voted by Parliament on Wednesday. MEPs also call for a binding quota for distributing asylum seekers among all EU countries, bigger contributions to resettlement programmes, better cooperation with third countries and tougher measures against people smugglers.
Parliament urges the EU and its member states to establish a clear mandate for Triton, "so as to expand its area of operation and increase its mandate for search and rescue operations at EU level" (Triton is coordinated by the EU border agency Frontex and currently extends only 30 nautical miles from the Italian coastline).
The EU and its member states should ensure that "search and rescue obligations are effectively fulfilled", stresses the resolution, which was approved by 449 votes to 130, with 93 abstentions."
24. UN Security Council President on Mediterranean Migrant Crisis: It’s Not About Protecting Europe; It’s About Protecting the Refugees. (Migrants at Sea, link) "“diplomats are warning that United Nations backing for any European Union plan to address the growing Mediterranean migration crisis could take longer than anyone wants.” Ambassador Kawar said “I don’t think we’re anywhere close to having [support] now” and that the effort is “not about protecting Europe. It’s about protecting the refugees."
25. Reportage:
" Royal Navy to send drones to the Mediterranean to save migrants - Unarmed surveillance drones could be sent to search for dangerously overloaded boats packed with people making the perilous crossing from Libya to Europe (Daily Telegraph, link)
" If the EU Attacks Migrant Boats in Zuwara, Libya, How Will It Select from Among the 100s of Boats? (Migrants at Sea, link): "There is no effective and safe (or legal) means by which a particular smuggling boat can be identified and destroyed without destroying multiple other boats."
" EU rescue ships head for Libya, as migrants die also in Balkans (Reuters, link): ""Yet hours after European Union leaders agreed in Brussels on Thursday to treble funding for EU maritime missions and pledged more ships and aircraft, 14 clandestine migrants were killed when a train ploughed into dozens of Somalis and Afghans making their way in darkness along a rail track in a Macedonian gorge."
" Italian judge keeps migrant disaster ship skipper behind bars (SUNdaily, link): "The Tunisian captain of a migrant boat in which at least 700 people
drowned is to remain behind bars as an Italian judge continues his inquiry into the deadly disaster."
" 'Africa's gendarme' France to seek UN approval for new military battlefront - this time in the sea (Mail & Guardian Africa, link): ""FRANCE and Britain agreed Thursday to seek United Nations approval for an EU military operation against people smugglers, in a bid to curb the soaring number of migrants dying as they seek a better life in Europe."
" UN Security Council Working on Migrant Resolution (ABC News, link): "France's ambassador to the U.N. says Security Council members are already working on a council resolution to address the spiraling migrant crisis."
" The EUs disappointing response to the migration crisis (IRIN, link): "A closer look at the list of commitments from Europes leaders after their hastily-arranged migrant crisis summit in Brussels reveals no substantial change in response and few measures likely to have any major impact on the flows of migrants and asylum-seekers trying to reach Europe" and Europe must stop exporting its migration fears or face the consequences (link):
""Thirty years ago we knew that there was a demographic and economic crisis on the horizon. We knew, because the International Labour Organization and the UN Fund for Population Activities had done their homework and told us so. We knew just how many young people would be entering the work force in the developing world; we knew how many jobs would be required; we knew that regular migration to the developed world could provide only a small percentage of solutions, at best; and we knew, too, that conflict, turmoil, upheaval and displacement would likely still be with us.
"And what did we do? Essentially, we did nothing. We put our heads in the sand, crossed our fingers, and hoped that the inevitable would never happen. Well, it did, as the inevitable generally does. And the price is being paid today, in lives lost in flight and in transit from situations of utter desperation which we saw coming, and in the floundering ineffectiveness of regional and national policies."
26. Draft list of Member State "pledges" of military and other "assets" (pdf) Note so far Germany has only given 2 ships and UK warships are not included.
27. Dont Rock the Boat: EU leaders do as little as possible to address the migrant crisis (EU Law Analysis, link)
"Yesterday the EU leaders, in the European Council, adopted a policy for addressing the recent crisis of large-scale migrant death tolls crossing the Mediterranean. It builds upon the recent 10-point plan adopted by ministers (discussed here), but builds upon it in some respects. There were also some interesting last-minute changes to the earlier draft of the text (all of which are shown in the annex below), indicating leaders real priorities...
there is a specific commitment to triple the funds for search and rescue as regards existing EU operations. However, this is only within the mandate of Frontex and the head of the EU border agency has stated that this agency does not really have a search and rescue role.
It should be noted that since these operations are coordinated by Frontex, detailed rules of EU law will apply (discussed here) will apply. These rules do allow, in some cases, for returns of migrants directly from their rescue to non-EU countries as long as those countries are safe. It is unlikely that in the current situation, Libya would qualify as safe."
See: Comparison between Draft and Final Statements (pdf)
Although the statement limits fingerprinting to those who apply for asylum see Statewatch on EU plan for ""systematic identification": Fingerprinting by force: secret discussions on "systematic identification" of migrants and asylum seekers
28. EU MED CRISIS: Press coverage:
- European Parliament: European Council: Civil Liberties Committee Chair regrets lack of commitment by EU leaders on the number of refugees to resettle (pdf): "Reacting to the final statement of the European Council held yesterday in Brussels, the Chair of the European Parliament's Civil Liberties, Justice and Home Affairs Committee responsible for dealing with migration, Claude Moraes (S&D, UK), welcomed the setting up of a voluntary resettlement scheme to those qualifying for protection, but regretted the lack of commitment by EU leaders on the number of refugees to resettle. "Bolder pledges should have been made" at the summit, he said."
- Open letter to David Cameron: Building the walls of fortress Europe has had deadly results - In this open letter, a coalition of 19 charities calls on the UK to ensure that a fully resourced search-and-rescue mission is re-established (Independent, link)
- EU to target migrant smugglers (euobserver, link): "EU leaders on Thursday (23 April) declared war on migrant smugglers and promised to triple the monthly budget of the EUs sea surveillance mission, Triton.But broader efforts to address politically sensitive issues on a better distribution of asylum seekers and refugees largely fell to the wayside as leaders instead placed emphasis on giving the EU's surveillance mission Triton more cash, more boats, and more planes.
- NGOs: Migration summit fell short of expectations (euractiv, link): "EU leaders have missed a real opportunity to make a serious difference in the lives and deaths of the people suffering daily in the Mediterranean, say NGOs."
- EU leaders will use military against refugees, warns leading MEP (euractiv, link)
- Coffin-carrying migrants march on European Council (euractiv, link)
USING THE STATEWATCH WEBSITE
News Online: http://www.statewatch.org/news/newsfull.htmWhats New (all new items): http://www.statewatch.org/whatsnew.htmIn the News: http://www.statewatch.org/news/Newsinbrief.htmObservatories (20): http://www.statewatch.org/observatories.htmAnalyses (1999 - ongoing): http://www.statewatch.org/analyses.htmStatewatch Bulletin/Journal: Archive: Since 1991: http://www.statewatch.org/subscriber/Database, over 31,000 items: http://database.statewatch.org/search.aspStatewatch European Monitoring & Documentation Centre on Jutice and Home Affairs in the EU: http://www.statewatch.org/semdoc/JHA Archive - EU Justice and Home Affairs documents from 1976 onwards: http://www.statewatch.org/semdoc/index.php?id=1143About Statewatch: http://www.statewatch.org/about.htm