JOINT ASSEMBLY OF THE CONVENTION CONCLUED BETWEEN THE AFRICAN, CARIBBEAN AND PACIFIC STATES AND THE EUROPEAN COMMUNITY (ACP-EC)

RESOLUTION () on the expulsion of immigrants with irregular status in Europe

The ACP-EU Joint Assembly,

- meeting in Luxembourg from 23 to 26 September 1996,

A. profoundly shocked by the forcible expulsion of families 'without papers` from St Bernard's Church in Paris,

B. having regard to the incidents in Melilla connected with the expulsion of African immigrants between 22 and 24 June 1996,

C. deeply concerned at the accelerating pace of expulsions of refugees and immigrants 'without papers` from a number of Member States of the European Union,

D. concerned at the application or preparation of laws introducing new restrictions on the immigration and residence of foreigners, particularly concerning the family group, the right of asylum and freedom of movement,

E. whereas the laws applied by some Member States are helping to place immigrants in a position of constant legal uncertainty in spite of their long-standing presence in the country,

F. supporting the action taken, particularly in France, to regularize the situation of immigrants 'without papers` who have settled for legitimate reasons,

G. having regard to the procedures introduced, particularly in Spain and Portugal, to regularize the position of immigrants 'without papers`,

H. whereas the European Union is responsible for the task of developing a legal and democratic system, including the protection of minorities, in its relations with associated and third countries, and of helping to create favourable conditions as the basis for that task,

1. Condemns the violence used by the French government against families 'without papers` who were occupying St Bernard's Church;

2. Disapproves of the procedures for the expulsion of immigrants 'without papers` in which irregularities are committed which may violate human rights, such as the practice of illegal arrest, the fact that the issue of 'political asylum` is never taken into account, and the undeniable obfuscation and obscurantism with which such action is taken, as in the case of 'Operation Melilla`;

3. Reaffirms that the right of immigrants to family grouping and for families to live together is an inalienable right;

4. Calls on the governments of the Member States fully to recognize the right to family grouping and to regularize the situation of immigrants 'without papers` who have settled in the European Union for legitimate reasons, with due respect for the criteria applying to human rights, employment law and international agreements;

5. Demands that measures be put in hand to ensure greater speed in the processing of documents and the provision of information to immigrants' organizations, so that they do not feel abandoned and solutions can be found within the law;

6. Condemns policies which tend to increase distrust of foreigners and reinforce the credibility of people who incite others to a demagogic policy of exclusion and xenophobia;

7. Demands that such immigrants should be returned to their countries of origin unless they indicate otherwise;

8. Voices its strongest criticism of the repressive and restrictive nature of various recommendations, declarations and resolutions by the Council, whether adopted or in preparation, notably concerning the right of asylum, the family grouping and the concept of refugee;

9. Is concerned that at the Florence European Council policies on asylum and immigration were considered solely from the point of view of the 'security requirements` of European Union citizens, in the same context as the campaign against terrorism and drug trafficking; objects to this dangerous association of ideas and calls for improvement of the policies for immigration and asylum, respecting the rights of immigrants and their families;

10. Favours extending the concept of refugee entitled to the right of asylum under the 1951 Geneva Convention to any persons who are persecuted in their own country, even if such persecution does not emanate from the government authorities;

11. Instructs its Co-Presidents to forward this resolution to the ACP-EU Council and the Commission.