RESOLUTION(1)

on immigration

The ACP-EU Joint Assembly,

- meeting in Nassau (Bahamas) from 11 October to 14 October 1999,

- having regard to the Treaty of Amsterdam, and in particular Title IV concerning visa, asylum and immigration policies,

- having regard to the European Parliament resolution on the Communication from the Commission to the Council and the European Parliament on immigration and asylum policies,

- having regard to Article 5 and Annex VI of the Lomé Convention recalling the principle of non-discrimination between EU migrants and third-country migrants,

- having regard to the European Convention of 4 November 1950 on the protection of human rights and fundamental freedoms,

- having regard to the Geneva Convention of 28 July 1951 on the status of refugees, as amended by the New York Protocol of 31 January 1967,

A. whereas the European Community treaties have economic, social, cultural and political implications for immigrants from ACP countries,

B. having regard to the degradation of the economies of the ACP countries and the increase in migration,

C. whereas in certain EU Member States the economic crisis, constantly rising unemployment and difficulties in funding social protection have resulted in a growing rejection of migrant workers,

D. whereas the European Community has hitherto taken insufficient account of all the various issues concerning migrants in its development policy, particularly as regards its cooperation with the ACP countries,

E. whereas the broad approach advocated by the EU to the immigration policy is desirable and necessary,

F. whereas a European immigration policy should consist of controlling the pressure of migration, managing the migration fluxes, integrating legally-resident third-country nationals, combating illegal migration as well as all forms of discrimination,

G. whereas the richest 20 % of the world's population account for 85 % of global wealth, while the poorest 20 % account for only 1,4 %; whereas absolute poverty is the factor which drives people to seek new opportunities in the EU countries,

H. whereas millions of people are forced to flee by civil wars, conflicts between states, persecution on political or ethnic grounds or on grounds of belief, terror and the destruction of basic necessities by natural disasters,

I. whereas refugee movements and migration initially occur within the same region or the same country and whereas they have a massive impact on the social and economic situation in countries and regions in the immediate vicinity,

J. whereas all too often migration continues to be seen as migration by men in search of employment to support their families, who remain behind, while no special attention is paid to the growing proportion and specific situation of immigrant women, although they suffer from particularly poor and insecure working and living conditions,

K. whereas the EU Member States have all ratified the Geneva Convention, thus undertaking to protect those fearing persecution on the grounds of race, religion, national or social origin, political opinion or religious belief,

L. alarmed and distressed by the number of persons who die seeking refuge in the EU and by the at times inhuman conditions under which those refused asylum are turned back and which in some cases result in their death,

M. whereas a clear distinction must be made between asylum policy and immigration policy,

1. Calls for a consistent EU policy on migrants which addresses the root causes of migration, and the human rights situation in countries of origin; considers that such a policy requires an integrated approach by the EU in which home affairs measures will go hand-in-hand with foreign policy, development policy, economic, social, cultural and humanitarian measures;

2. In this context, invites the EU to draw up an adequate migration policy based on the recommendations of the Social Summit in Copenhagen and to launch a dialogue with ACP partners in order to formulate policy proposals for investing in social policies and the development of a civil society in developing countries; considers that the on-going negotiations of the post-Lomé Convention should urgently address this matter;

3. Believes that migration matters should be an integral part of the EU development policy and be consistent with policies in such areas as social-economic support, family planning, education and health, employment, poverty eradication and human rights;

4. Calls on the EU Member States to link humanitarian aid more than hitherto to a lasting commitment, serving to eliminate the causes of refugee movements in the ACP countries;

5. Reaffirms in this connection the importance of combating poverty as the prime objective of development cooperation in order to be able to provide the poorest sections of the population (particularly in the traditional ACP countries) with the basic necessities by guaranteeing basic social services such as primary education, basic health care, food security and water supply;

6. Considers that the development of a coherent crisis prevention policy could significantly help to reduce refugee movements arising from violent conflicts;

7. Believes that the migration pressure should be alleviated via coherent and comprehensive national and regional development plans in co-operation with local communities;

8. Points out the necessity to combat the economic and social causes of migration via a flexible and project-based approach with the involvement of the development agencies, with special attention to the young people in developing countries;

9. Stresses the special importance of EU aid to returnees and support for rehabilitation measures on the spot, and considers it appropriate that one of the priorities should be to support the demobilisation of military personnel in this context;

10. Calls on the EU Member States to increase their cooperation with international organisations such as UNHCR and local NGOs in the field of humanitarian aid, conflict resolution strategies and rehabilitation measures on the spot;

11. Expresses its concern about the alarming situation of ACP migrant workers and encourages negotiations to improve it through cooperation and consultation between the EU and the ACP countries;

12. Considers it desirable to take appropriate account of the situation of immigrant women in the EU by affording them access to social provision, educational resources and means of communication and protecting them against exploitative terms of employment, particularly in private households or the sex industry;

13. Reaffirms that anyone who seeks asylum is merely exercising a fundamental right and points out that, in accordance with their international commitments, the EU Member States must ensure that this right is upheld;

14. Stresses that, in that context, a careful distinction must be drawn between the very different issues of the right to request asylum, in accordance with the Geneva Convention and the 1967 Protocol, and policies on immigration, which must extend to action against illegal immigration and to the integration of legally-resident third-country nationals;

15. Considers that the legal situation of third-country nationals residing legally in a Member State should be improved and calls for respect for human rights and humane treatment of immigrants whose status is irregular to be guaranteed under all circumstances, particularly in the fields of health and education;

16. Stresses the importance of developing a coherent and coordinated policy for the repatriation of illegal immigrants in cooperation with developing countries on the readmission of their nationals;

17. Calls on the EU to face up to its responsibilities and implement a policy which will help the ACP countries to achieve socially and environmentally sustainable development in order to combat migration;

18. Instructs its Co-Presidents to forward this resolution to the Commission, the ACP-EU Council and the Office of the UN High Commissioner for Refugees.

(1) Adopted by the ACP-EU Joint Assembly on 14 October 1999 in Nassau (Bahamas).