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Europe Daily Bulletin No. 9991
Contents Publication in full By article 15 / 39
GENERAL NEWS / (eu) eu/immigration

Commission denies it wants to put in place with Libya unconscionable treatment of illegal migrants

Brussels, 05/10/2009 (Agence Europe) - The European Commission has responded to the article, “Framework agreement with Libya would be shameful” which appeared in newsletter 9988 and which quoted Belgian Socialist MEP Véronique de Keyser. The Commission has refuted the idea that it is preparing to put in place, as part of the agreement being negotiated with Libya, a system of treatment for illegal immigrants which is utterly reprehensible and politically unjustifiable. The Commission says that “the framework agreement being negotiated between Libya and the European Union seeks to establish contractual standards on migration, too, that meet the principles of international law. In particular, on the readmission of illegal migrants, the position of the Commission, as set out in the draft text, is that the return of persons who have illegally entered or are resident in the EU should be carried out in a fit and humane way and in line with the principle of non-refoulement” (unofficial translation). It adds that “negotiations with Libya on this issue are conducted in a manner that is in line with practice in the other readmission agreements concluded or being negotiated by the Commission in close cooperation with the Council of the EU” (unofficial translation).

Libya, in fact, would seem to be one of those rare countries - the second - from the Mediterranean region to agree to become involved in the readmission policy backed by the EU. Neighbouring countries have declined, indicating that it was not up to them to be the EU's “police force” or to do the EU's “dirty work”, with the issue upsetting both European civil society players and public opinion on the other side of the Mediterranean. Most countries have, however, signed bilateral agreements with their European neighbours (Spain, France, Italy and even the United Kingdom). These readmission agreements, whether European or bilateral, “raise many questions, because of their lack, of transparency, with little information given to national parliaments and civil society, and their consequences for the migrants' fundamental rights,” says Euro-African campaign network, Migreurop.

In the Mediterranean region, only Morocco has agreed to enter into negotiations on this issue, but talks have proved to be difficult, firstly, because of the mixed Community and national legislation in this area, and, secondly, because Rabat wants a commitment to full cooperation, involving inter alia sub-Saharan African countries of origin (invoking arrangements in the EU-ACP Cotonou Agreement) and for which commitment the European Commission has said it was ready to allocate funding (neighbourhood policy instrument or for the right to asylum programme). Although open to European overtures, Morocco has no intention of having its role limited to the purely security, because, like Libya, it will have to face accusations of poor treatment of those returned from Europe. On 11 July 2006, Morocco held a Euro-African conference, “Migration and Development”, in Rabat opening dialogue among all the migration policy players. Migreurop has called, however, for care to be shown with regard to the dangerous link between development aid and its being made conditional on management of migratory flows and tackling illegal immigration. (F.B./transl.rt)

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