Opinion of the Committee of the Regions on "Migratory flows in Europe"

(2000/C 57/10)

THE COMMITTEE OF THE REGIONS,

having regard to the decision of its Bureau of 2 June 1999, under the 5th paragraph of Article 265 of the Treaty establishing the European Community, to draw up an opinion on "Migratory flows in Europe" and to direct Commission 7 for Education, Vocational Training, Culture, Youth, Sport and Citizens' Rights to draw up an opinion on the matter;

having regard to the contribution of Commission 5, following its meeting on 6 September 1999 (rapporteur: Mr von Plüskow, D, PES);

having regard to the draft opinion (CdR 227/99 rev. 2) adopted by Commission 7 on 1 October 1999 (rapporteur: Mr Distaso, I, EPP),

unanimously adopted the following opinion at its 31st plenary session of 17 and 18 November 1999 (meeting of 18th November).

1. Introduction

1.1. A sharp increase in immigration in the EU Member States - with numbers running to several millions - is one of the distinctive features of the 1990s. In some Member States this increased immigration has been the main source of population growth.

1.2. The underlying causes of the sharp increase in migration to the Member States are rooted primarily in a number of key events:

- heavily increased population pressure, particularly in the EU's neighbour countries to the south, and in the south-east Mediterranean;

- the fall of the Iron Curtain, break-up of the Soviet Union, etc.;

- the break-up of Yugoslavia and its impact on the Balkans and the rest of Europe.

- The sharp increase in immigration in the EU Member States sometimes has, and continues to have, serious implications for the local and regional authorities. The EU's local and regional authorities, as the tiers of government most immediately affected by migration believe they should be able to participate in the decision-making processes of the national governments and international organisations involved in addressing the issue.

1.3. More specifically, the Apulia region of Italy and the Council of Europe's Congress of Local and Regional Authorities (CLRAE) held an international conference in Bari on 2 and 3 October 1997 on Local and regional authorities in the face of Mediterranean migration: From intolerance to development.

1.4. The conference sought to bring the issue to the attention of the general public and of national and local administrations. It issued a final declaration, and led to the involvement of the CLRAE Plenary Assembly which, on the basis of the report submitted by the Apulia region, approved a resolution (No. 69/98) and recommendation (No. 50/98) which it forwarded to the Council of Europe's Committee of Ministers.

1.5. These papers stressed the grave and complex nature of the phenomenon, and noted that it was likely to continue for a long time. They also put forward a full-scale strategy for addressing a problem that would ultimately affect the whole of Europe, although its most immediate effects would be felt on the northern shores of the Mediterranean. If not handled properly, the phenomenon could generate intolerance and xenophobia and fuel organised crime, with serious implications for public order.

1.6. More specifically, in its recommendation No. 50/98, the CLRAE appealed to the European Union "to contribute towards establishing common rules concerning migration flows in the Mediterranean Basin and to recognise Mediterranean local and regional authorities as border authorities when they engage in transfrontier or interterritorial co-operation to promote practical schemes for the reception of immigrants and the development of their countries of origin".

1.7. The severity of the problem is aggravated by the far from accurate picture given by the statistics in this field. Here there is a large grey area as regards the figures for illegal immigration. Clandestine immigration exists in all Member States. Improved border controls backed by stronger police action against people in the Member States who profit from illegal immigration are essential short-term measures. The scale of illegal immigration seems to be far greater in the southern Member States, partly because of their proximity to the heavily populated Maghreb countries and the crisis-ridden Balkans and partly because of geographical difficulties in protecting their borders.

2. General comments

2.1. Given that immigration-related issues come under the responsibility both of the Member States and of local and regional authorities, depending on the particular aspects considered, the Committee of the Regions intends to play a more active part in the EU's decision-making processes.

2.2. The changes and additions brought in by the Amsterdam Treaty have equipped the European Union to play a significant role in terms both of studies and research and of legislation. This should enable it to draw the unilateral migration measures of individual Member States together to establish a European system for the fair and equitable sharing of asylum seekers between countries, first distinguishing as a matter of principle between refugees who are covered by the Geneva Convention and those who are not. With this in mind, the Committee of the Regions welcomes the Action Plan of the Council and the Commission for the implementation of the provisions of the Treaty of Amsterdam, which was approved at the European Council meeting held in Vienna on 11 and 12 December 1998. This action plan provides, inter alia, for the development of a comprehensive migration strategy. Furthermore, the COR explicitly supports the recent decisions taken at the Tampere European Council on 15 and 16 October 1999, which give prominence to the development of a common EU asylum and migration policy

2.3. Swift action to manage migratory flows in Europe is needed in order to safeguard basic human rights and pave the way for the fight against racism, xenophobia and social marginalisation. Migratory flows within and to Europe are a normal and desirable phenomenon from which the host countries and regions can profit for a number of reasons (especially cultural, demographic and economic. Consequently, the European Council notes quite rightly in its decisions of 15 and 16 October 1999 that the management of these migratory flows is a matter for the whole Union, which must be tackled jointly and must include the following elements:

- partnership with the countries of origin

- common EU asylum system

- fair treatment of third country nationals.

2.4. The migration issue must be tackled from an overall perspective, taking care not to confuse the root problem with the symptoms.

2.5. Migratory flows are without doubt the manifestation of complex problems such as endemic poverty, economic and social decline, ethnic tensions, political and gender-specific persecution, inadequate public safety resulting from unstable public institutions, and the all-pervading nature of organised crime.

2.6. All these problems combine to fuel migratory flows. Destabilising factors such as the Balkan crisis and population growth, affecting in particular the inadequately developed south coast of the Mediterranean, then aggravate the situation further.

2.7. To make a real impact in this area, the European Union must intervene, using all appropriate financial and other resources, not just with support schemes to step up security in the Member States but also with carefully designed measures to tackle the above-mentioned root problems.

2.8. The objective should be to break the vicious circle that lies behind many of the modern-day scourges affecting the European Union, such as adult and child prostitution, trade in human organs and the spread of dangerous drugs.

2.9. Only by fighting the root problems will it be possible to cut the resulting migratory flows down to normal levels.

3. Specific comments

3.1. Clearly, the migration phenomenon must be approached from two angles. The first is that of the host countries and the second that of the countries of origin.

3.2. Host countries

These countries need:

a) reception policies, not least to face up to the emergency sparked by the Balkan crisis (Kosovo); the need to step up reception facilities is particularly urgent in bordering regions;

b) integration policies, to help immigrants escape from the clutches of organised crime into a virtuous circle; this type of policy is needed throughout Europe and should be based on agreements between the European Union, national governments and local and regional authorities.

3.3. To gauge these policies correctly, it is first necessary to define the various categories of refugee in detail, for subsequent reference.

- Asylum seekers

These are people who either are waiting for a response to their asylum request or have registered as asylum seekers with the host government or with the UNHCR (Office of the United Nations High Commissioner for Refugees).

- Refugees with humanitarian status

These are people who are seeking protection, who do not satisfy refugee status criteria as provided under the conventions on refugees, but who have been granted a temporary residence permit. The objective should be to decide on a single mechanism for the fair treatment of refugees in this category, to replace the many varied rules on humanitarian status currently applicable in the EU Member States.

- Internally displaced people

Internal displacement of people is rare in the Member States.

- Illegal immigrants

These are people who are not covered by official statistics, who are easy prey for criminal organisations, and who represent a massive "clandestine" phenomenon.

3.4. In view of the complex nature of migration and of the various factors fuelling it, rather than acting independently and presenting an idea to the Commission, the Council and the European Parliament, the Committee of the Regions should ultimately set up a working party of representatives and experts from the COR's Commissions 5 and 7, which could liaise on an ongoing basis with the European Commission and make a specific and useful contribution to the existing decision-making process.

3.5. Countries of origin

3.5.1. Development plans must be made for the countries of origin, in addition to the urgently required reception and integration policies mentioned above.

3.5.2. Cooperation policies must be applied to spur local and sectoral measures, involving those European businesses which have closer contact with these areas.

3.5.3. Master programmes for local development are needed to promote micro-enterprises, set up health services and develop education systems.

3.5.4. All the stops must be pulled out to buttress local government systems and back up democratic processes, in order to create the right climate for development policy to take root, in accordance with the principle of subsidiarity.

3.5.5. The aim should also be to establish proper social control and prevent the international community's development support schemes from benefiting criminal organisations.

3.5.6. Numerous initiatives set up by European Union bodies have confirmed that this phenomenon is complex and widespread and a major cause for concern, and that it demands an appropriate response, possibly using the new opportunities offered by the Amsterdam Treaty.

3.6. European Union action

3.6.1. More specifically, the Committee of the Regions notes the following recent EU initiatives:

- the proposal for a Council Decision establishing a Community action programme to promote the integration of refugees(1);

- the Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union and the related Commission proposal establishing measures to provide practical support in relation to the reception and the voluntary repatriation of refugees, displaced persons and asylum applicants(2);

- the establishment of a high-level working group on asylum and migration (7 and 8 December 1998);

- the draft Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union on the creation of an early warning system for the transmission of information on illegal immigration and facilitator networks(3);

- the immigration and asylum initiatives and debate on these issues at the European Parliament plenary session in April 1999;

- current research into how the procedural and substantive aspects of dealing with asylum and refugee issues can be harmonised.

3.6.2. Although these initiatives highlight the urgency of the situation, they focus on just a few aspects and seem to lack overall vision. The COR welcomes the Tampere decisions on a new common European asylum policy, new measures to combat organised crime, and the renewed call for, on the one hand, the creation of the right climate for a new migration strategy, and on the other, the practical implementation of the most important features of the strategy. Active dialogue in the joint working party involving COR Commissions 5 and 7 and EU Commission representatives could pave the way for the framing of such a strategy.

3.6.3. Once again, emergency action must make way for an emphasis on planning, (which should also involve assessing the scope of action to be taken following unforeseen events and providing a sufficient fund for emergencies), as suggested in the Commission communication of 23 February 1994(4) on immigration and asylum policies. In this communication, the Commission states the need for a comprehensive approach based on three distinct but related elements:

- addressing migratory pressure;

- keeping migratory flows under control;

- and bolstering integration policies for legally resident immigrants.

3.6.4. This would set the scene for various possible multiplying effects between the various cooperation operators: governments, local authorities, NGOs, businesses, universities and, importantly, civil society organisations.

3.6.5. It would further the above-mentioned aim of reducing migratory flows to normal levels by helping the countries of origin to reach an adequate level of development, addressing the roots of problems rather than just the symptoms.

3.6.6. To promote stability in the Balkans, the Committee of the Regions believes that the actions taken by the United Nations, the European Union and the Organisation for Security and Cooperation in Europe (OSCE), which will certainly have a positive impact on the situation, should be followed up, for instance, by financing schemes for completing Corridor No. 8 and other similar measures. The aim should be to launch a process of development in the area to make this axis the focus for a policy to integrate the Balkan countries into the European Union. Such a move would certainly have a welcome effect on current migratory flows.

3.6.7. Were the international community or the European Union to estimate the cost of taking too little or no action to overcome the causes of the migratory flows, they would have further grounds to devise and launch an investment programme for the countries of origin. Ideally, therefore, "border policies" should be strengthened and border regions in particular given the chance to take part in defining and implementing development policies.

3.6.8. The Committee of the Regions is certain that a firm policy of solidarity could transform migratory flows from a problem into a resource for Europe.

4. Conclusions

4.1. The above comments show how complex migration-related issues are. They are often of considerable relevance to regional and local authorities, which almost always end up having to implement the migration decisions taken at national level. Consequently it is essential that the Committee of the Regions should be consulted by the Commission and the European Parliament on the subject of migratory flows and on related Commission proposals that affect the interests and responsibilities of local and regional authorities. Furthermore, the Committee of the Regions believes that the following specific objectives should be pursued, in order to control migratory flows:

a) the Commission, preferably, should take the initiative and host a conference of representatives of national and regional authorities, local bodies and NGOs, with a view to drawing up useful guidelines and specific measures, as part of an overall strategy; the aim should be to design a programme to back reception and integration projects in the host countries and development projects in the countries of origin;

b) the Commission should draw up a programme to improve information flows, in part by holding ad hoc seminars on the multiple causes of emigration, while paying particular attention to health care and social security systems in the Member States;

c) an information network covering the European Union, the accession countries and the countries of origin should be set up to study and monitor migratory flows, by tightening the links between existing centres and the future observatory, recommended by the Apulia Region and the CLRAE - Congress of Local and Regional Authorities of Europe -(Resolution No. 69/98) as a means of devising specific intervention policies; reference should also be made to positive measures launched by the Commission, in conjunction with Eurostat in particular;

d) a working party, made up of members and experts from COR Commissions 5 and 7, cooperating with the Commission where appropriate, should be established in the longer term to furnish a link between local/regional authorities and Commission and Member State initiatives, partly so as to prepare properly for the conference mentioned under point a);

e) the potential of the Euro-Mediterranean agreements should be tapped and cross-border cooperation policies stepped up, with the establishment of a reserve fund for emergency action to defend the EU borders and provide initial reception facilities;

f) within the framework of on-going efforts to harmonise procedures for dealing with asylum and refugee issues, the Council and the European Parliament should recognise the importance of the UN Convention on the Rights of the Child when addressing these matters.

Brussels, 18 November 1999.

The President

of the Committee of the Regions

Manfred DAMMEYER

(1) COM(1998) 731 final - 98/0356 (CNS).

(2) COM(1998) 733 final.

(3) 99/0909(CNS).

(4) COM(94) 23 final.