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

RESOLUTION () on expulsions of irregular immigrants

The ACP-EU Joint Assembly,

- meeting in Luxembourg from 23 to 26 September 1996,

- having regard to the Geneva Convention of 28 July 1951 on the Status of Refugees,

- having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms,

- having regard to the Council Recommendations of 22 December 1995 on combating illegal immigration and illegal employment,

- having regard to the European Parliament's resolution A4-0169/95 of 21 September 1995 on the Communication from the Commission to the Council and the European Parliament on immigration and asylum policies (COM(94)0023),

- having regard to its previous resolutions on immigration and the right of asylum, and on racism, xenophobia and antisemitism,

A. having regard to the realities of immigration in Europe and the presence on the territory of the Union of immigrants whose situation is irregular,

B. deploring the incidents that have taken place in recent months in some European Union Member States, in particular France, Spain and Belgium,

C. whereas developments in the immigration laws of certain European Union Member States have led to a considerable deterioration in the situation of certain immigrants; whereas a large number of immigrants have lost their right of residence and thus become illegal,

D. whereas the right of families to live together is guaranteed under the Geneva Convention,

E. shocked by the fact that some immigrants who have been expelled from the European Union have been executed or arrested because of their beliefs on their return to their original country,

1. Reaffirms the need to guarantee under any circumstances respect for human rights and humane treatment of irregular immigrants, particularly in the fields of health and education;

2. Believes that any return of irregular immigrants to their country of origin must be conditional on information which is known to be true concerning respect for their safety and basic rights in their country of origin and takes account of their economic and social reintegration into their country;

3. Calls on the Member States to deal with the question of irregular immigrants on a case-by-case basis, avoiding any summary procedure and treating all cases equally from the outset;

4. Asks the Council to take measures to strengthen concerted action by the Member States on policies relating to irregular immigrants;

5. Instructs its Bureau to carry out a thoroughgoing study into the legislation and practices on expulsion and internal displacement policies in the Member States of the European Union and to draw up a detailed report;

6. Condemns vigorously any statements which promote distrust towards immigrants and enhance the credibility of those who encourage a demagogic policy of exclusion and xenophobia;

7. Calls on the signatory States of the Lomé Convention to introduce harsher penalties for all those who exploit immigrants and take advantage of their precarious situation;

8. Instructs its Co-Presidents to forward this resolution to the ACP-EU Council, the Commission, and the signatory States of the Lomé Convention.