Prepared Statement by Ambassador John Bruton,
Head of the EC Delegation in Washington DC
At the 26 June 2008 Meeting of the Organisation
of American States
Excellencies, Ladies and Gentlemen,
Let me start with assuring you that the European Commission
understands the importance Latin America attributes to migration
issues. These issues represent challenges and opportunities which
are at the top of the European Union political agenda.
Let me further note that the European Parliament's decision
emerged from a lengthy consultation dating back to October 2002
and reaffirmed by the November 2004 European Council and
subsequent submission of a European Commission proposal in
2005 calling for the need to enact policy on the issue. May I
further stress that nothing in the directive criminalizes migration
and that the proposals set out dramatically improve the rights of
migrants.
Migration generates prosperity both for Latin America and for
Europe. It strengthens our relations and enhances cultural diversity
in Europe.
It is important that we discuss frankly and constructively all
aspects of migration so that both regions can benefit from its
opportunities and understand its challenges.
Such dialogue contributes to a better understanding of our policies
and visions and it is vital to enhance our cooperation on this issue.
Migration also represents an important element of our negotiations
on Association Agreements.
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In the last decade the European Union has been developing a
comprehensive migration policy that addresses all different aspects
of the migration phenomenon, including the external dimension.
This approach contributes to better ensure the protection of a
number of fundamental principles, like human rights, equality, the
rule of law, or the respect for diversity. These principles must be
respected throughout the 27 Member States (MS), irrespective of
ethnic, racial or geographical origin of the person concerned.
The EU comprehensive immigration policy is based on four
landmarks: a comprehensive approach to the management of
migration flows (by tackling all the different aspects of migration);
fair treatment for third country nationals; the development of
partnerships with countries of origin and of transit, including
policies of co-development; a separate common policy for asylum.
These principles have been rendered concrete by a long series of
legislative and operational instruments. As concerns legal
immigration, four EC Directives have been adopted, regulating the
right of family reunification, the admission of students and
researchers and the introduction of the status of EC long-term
resident. The latter shall be granted to any non-EU citizen who has
resided legally in one Member State for more than five years and
who has the necessary resources to maintain him/herself and the
family, and which entitles the holder to extensive socio-economic
rights on equal footing with the citizens of the Member State of
residence, including reinforced protection from expulsion. It also
allows moving to other Member States for work, study or other
reasons without loosing this status and the rights attached.
Two other proposals for European-wide legislation are presently
being negotiated with Member States: one aims at setting up an
attractive entry and residence scheme for highly qualified workers
("EU Blue Card") and the other at providing legally staying
immigrant workers with similar socio-economic rights to those
already granted to EC long-term residents. A secure legal status is
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a basic precondition to ensure that immigrants can fully participate
in the EU society and develop their full potential, to the benefit of
all. The European Union views integration – into the society and
the labour market – of legally residing immigrants as the key to
successful immigration and as "two-way-process", requiring the
efforts and the contribution of both the immigrants and the host
society. The Commission is actively supporting Member States in
developing their integration policies and measures based on
Common EU Basic Principles, including by setting up a Fund for
the integration of third-country nationals.
However, legal migration and integration policies are only one
aspect of the comprehensive migration policy. Another essential
element for a credible and well managed migration policy is the
fight against illegal immigration, trafficking in human beings and
undeclared work. At different degrees, these phenomena negatively
affect EU societies and economies and discriminate or even step on
the fundamental rights of the persons concerned.
Distinguishing legal and illegal migration is therefore a
fundamental principle of EU migration policy. We do not have a
policy against migrants – on the contrary: our policy enables due
respect for human rights and a decent life without discrimination or
xenophobia and with similar rights for legal migrants and
nationals.
In order to make this policy possible we need a different treatment
for those who do not respect the admission rules. This treatment
does not intend to criminalize illegal migrants, but rather to
guarantee their human rights and establish appropriate conditions
for their return back home. An efficient and humane return policy
is essential for a credible and well-managed migration policy.
After long debates the so-called Return Directive has passed the
European Parliament on 18 June with a comfortable majority. It
fulfils a mandate by the European Council to develop
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comprehensive, clear, transparent and fair rules for return,
expulsion, use of coercive means, detention and readmission.
These have to fully respect human rights and fundamental
freedoms of the affected persons.
The Directive is the first step to harmonise the rules of return in
Member States. It integrates applicable provisions of relevant
international conventions into EU law (European Convention on
Human Rights, Charter of Fundamental Rights of the European
Union, UN Convention on the rights of the child, Geneva Refugee
Convention).
The Directive represents a big step ahead to guarantee immigrants'
rights, based on the principle of non discrimination against sexual
orientation, race, colour, origin or religion. It promotes voluntary
return and guarantees the principle of non-refoulement (Geneva
Convention principle not to push refugees back to countries where
they are likely to face serious harm). In addition, it regulates
questions such as maximum detention periods (18 months),
treatment of children, proportionate use of coercive means and
appropriate safeguards.
The Directive will clarify current 'grey areas' and create predictable
procedures. This will allow us to better fight against the
exploitation of illegal immigrants. It will oblige EU Member States
to either repatriate a third-country national or to concede a
residency permit. This will create legal certainty for all parties.
The implementation of the Directive will be ensured by the normal
mechanisms of EU (Community) law: infringement proceedings in
case of non-compliance of Member States, competence of the
European Court of Justice and oversight by the European
Parliament. Key provisions of the Directive include:
 Priority to voluntary return: Member States should grant 730 days for a voluntary return.
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 Rights of illegal immigrants set to be returned: written
decision and information about effective remedies, linguistic
and legal support, urgent medical treatment, education of
minors and protection for vulnerable persons.
 Detention: maximum of 6 months as a rule and in
exceptional and limited circumstances – due to a lack of
cooperation or delays in obtaining the necessary
documentation – extended by a period not exceeding a
further twelve months. In all cases there is full jurisdictional
control and conditions of detention are based on the
European Convention of Human Rights.
 Protection of the right of the child and respect for families set
to be returned.
 Respect for the principle of non-refoulement. This obligation
already exists in EU asylum law. The Return Directive
extends it to all illegal immigrants so that they cannot be
returned to a state where they would seriously risk capital
punishment, torture or other inhuman or degrading
treatments.
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