Solidarity with migrants is being increasingly criminalized – as is migration itself
A new report looks at the increasing legal restrictions on solidarity with migrants in the EU, the UK unveils plans to send asylum seekers to Rwanda, and a recently published article highlights the high levels of trafficking in northern Cyprus.
Acting in solidarity with migrants in the EU has been difficult for decades but over the past few years has become even more challenging. At the core of this trend is the criminalization of migration itself, according to a new article published by Civic Space Watch. Over the past few years, states have adopted increasingly restrictive legal frameworks for NGOs, while others have prosecuted them on charges of “facilitating irregular migration” and even terrorism, for activities including food distribution, sea rescue, challenging police misconduct and opposing unlawful deportations.
In 2018, Hungary imposed a tax of 25 per cent on funds provided for any activities that support or promote immigration. The actions covered include “participating in a media campaign”, “building and operating a network”, “educational activities” and “positive propaganda”.
New measures have been introduced in Greece which stipulate that all Greek or foreign NGOs, as well as their members, staff and volunteers, will have to register with an NGO Members Registry in order to work in the fields of asylum, migration or integration. Organizations working in the country have expressed concern that this policy will further shrink its already limited civil society space.
In Cyprus, a recent legal amendment gave the Minister of Interior the power to start a dissolution process for NGOs if certain regulatory requirements were not met within a two-month notice period. Shortly after, this power was used to remove KISA, a leading non-governmental organization fighting for equality in Cyprus, along with many others, from the Register of Associations. Several UN experts described the move as “very troubling” and potentially in violation of Articles 19 and 22 of the International Covenant on Civil and Political Rights.
At the core of the criminalization of solidarity with migrants is the criminalization of migration itself – policies that treat undocumented migrants as a potential security threat and irregular migration as a crime. In 2014, at least 24 EU member states punished irregular entry with imprisonment or a fine. Moreover, migrants who help other migrants can be accused of smuggling and excluded from the right to apply for asylum and from future applications for residence status.
Instead, says the article, national legal frameworks should be amended in line with the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) Guidelines on Freedom of Association, and the findings of the Council of Europe’s Expert Council on NGO Law. The crime of migrant smuggling should be redefined in line with the UN Protocol against the Smuggling of Migrants by limiting it to acts carried out to obtain unjust profit or in connection with transnational organized crime.
For its part, the European Union should develop clear guidelines to protect NGOs in Europe, promote a clear internal legal framework, and dedicate EU funding to strategic litigation and support of human rights defenders. A new report shows that, over the past few years, the EU has spent billions of euros attempting to halt migration from Africa, the largest share of which has been spent on “migration management”, including the return and reintegration of asylum seekers and refugees, despite the stated aim of supporting more legal pathways for Africans migrating to EU countries. A recent blog post by the Platform for International Cooperation on Undocumented Migrants (PICUM) notes that the EU’s swift response to the invasion of Ukraine, and its offer of temporary protection to those fleeing its borders, demonstrates the possibility of a humane approach in which those affected by conflict have access to protection, at least in the short term. However, many Ukrainians in the EU have precarious or irregular migration status and, despite the direct impact of the conflict on their lives, are excluded from the Temporary Protection Directive’s scope.
A comparison between the immediate action taken to safeguard the status and rights of the majority of Ukrainians, and the potential criminalization of others, is a stark illustration of the issues at hand.
Here’s a round-up of other noteworthy news and initiatives:
The new issue of Anti-Trafficking Review examines the characteristics, motivations and modus operandi of traffickers, their relationships with victims, and their treatment in the criminal justice system. On 25 April, the authors will discuss their research on Southeast Asia at a livestreamed event.
The UK is to send asylum seekers who attempt to cross the English Channel to Rwanda for processing, after sealing a £120 million deal with the Rwandan government. The British government insists the policy is “humane” as backlash grows – both the Archbishops of Westminster and Canterbury have spoken out against the plans.
A new report urges the swift passage and enactment of the Uyghur Forced Labor Prevention Act in the U.S., and suggests international businesses continue to risk complicity in the Chinese government’s use of forced labour in Xinjiang. Earlier this month, The Alliance for Democracy in Vietnam urged U.S. Customs & Border Protection to pay closer attention to cotton-based goods from Vietnam, alleging the country is importing Xinjiang cotton to help China bypass sanctions imposed as part of the Act.
Last Tuesday, Indonesia’s sexual violence bill passed into law after ten years. The law provides protections to victims of sexual violence including, crucially, those in abusive marriages. Indonesia’s current Criminal Code does not acknowledge marital rape.
Chinese lawmakers will push to make reporting of trafficking mandatory under proposed revisions to the women’s rights law. Proposed amendments also include more welfare support for victims, according to the top legislature. It comes amid public pressure for stronger legal protection to address concerns about gender-based abuse and discrimination.
Cyprus’s frozen conflict provides fertile ground for human traffickers, with cases at “alarming” levels in the EU member state, where the occupied north is considered as high risk as Afghanistan. According to organizations on the ground, victims come from many regions of the world, including Europe, Africa and Southeast Asia.
Hear about the work of RENATE members from Poland, Hungary, Romania and Ukraine to protect and support those affected by the war in Ukraine, in a webinar on 20 April at 7pm CET.
Pacific Links Foundation’s Cultural Competency Training (CTRA) will hold a virtual session on 26 and 28 April at 2pm CET, with an aim to provide frontline responders with the knowledge and skills to build trust with Vietnamese migrants and victims of trafficking. Key topics covered will include: context and background of Vietnamese migration, introduction to Vietnamese culture, interview techniques, and collaborating across sectors and borders. Please register to secure your free place.
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