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Civil Liberties MEPs back rules on return of migrants

Justice and home affairs - 13-09-2007 - 16:50
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Illegal immigrants await deportation to Senegal ©BELGA/EPA/Pierre Holtz

The despair of deportation - Senegalese men

Common rules for dealing with illegal immigration across the EU came a step closer on Wednesday with the adoption of a report on how to forcibly return illegal migrants. MEPs on the Civil Liberties Committee supported - with amendments - a proposed directive on the return of illegal migrants. They fixed a maximum period of 18 months of detention before individuals are deported. MEPs backed the use of coercion if needed and for each case to be treated on its individual merit.

The aim of the proposed piece of legislation is to put together common rules for dealing with the removal of illegal immigrants across the EU. At present there are sharp differences in how each state operates. Some countries have no rules whilst others impose a maximum limit of 32 hours detention.
 
Unaccompanied children cannot be detained or deported
 
The envisaged directive deals with procedures on how and who should be expelled. MEPs pushed successfully for those held in temporary custody to be also covered by this directive. In particular Members strove to ensure that medical assistance, family unity and education for children are all taken into account in each case.
 
With more and more children either arriving or being born in custody whilst in Europe, MEPs voted to prohibit the expulsion or detention of unaccompanied children. Those with serious medical problems will also have access to medical care - while no-one would be sent back to countries where their lives may be in danger.
 
In terms of the physical removal of people against their will the report urges that any force be proportional and that the human rights of the person should not be infringed.
 
650,000 return decisions in 2004
 
In terms of the number of people who could be affected there is no reliable data. Figures for 2004 had 650,000 people being the subject of "return decisions" by national governments. In that year 164,000 forced returns and 48,000 voluntary returns took place.
 
It is estimated that 120,000 immigrants cross the Mediterranean on their way to Europe each year. They mainly head for the closest places in Europe to the African coast. This is mainly the Spanish Canary Islands, the Italian island of Lampedusa and Malta. It is estimated that 10,000 have already drowned in the process. If they are not held in captivity they then go in search of work across the European Union. The lack of common rules is hampering management of this flow of human misery.
 
The Parliament has co-decision on this piece of legislation with the Council of Ministers. Later this year the Civil Liberties Committee's recommendations will be sent to the full Parliament for approval.
 
Meanwhile, as deliberations continue and you are reading this, another boat of migrants is nervously charting the perilous seas of the Mediterranean - full of people in search of a decent job and livelihood.
 
REF.: 20070906STO10165