Summer School “The EU area of freedom, security and justice”, July 1-3, 2017
Jean Monnet Centre of Excellence, University of Macedonia, Thessaloniki, Greece
The Jean Monnet Centre of Excellence, in collaboration with the Jean Monnet Chair of the Democritus University of Thrace organize a summer school entitled “The EU area of freedom, security and justice”, that will take place in July 1-3, at the Conference Room of the University of Macedonia.
Marina Schneider - Best practices on legal protection of cultural heritageUNESCO Venice Office
Fight against illicit traffic of cultural property in South-East Europe.
Gaziantep, Turkey, 19-21 November 2012
Link: http://www.unesco.org/new/en/venice/about-this-office/single-view/news/building_capacities_for_the_fight_against_the_illicit_trafficking_of_cultural_property_
in_south_east_europe/
Summer School “The EU area of freedom, security and justice”, July 1-3, 2017
Jean Monnet Centre of Excellence, University of Macedonia, Thessaloniki, Greece
The Jean Monnet Centre of Excellence, in collaboration with the Jean Monnet Chair of the Democritus University of Thrace organize a summer school entitled “The EU area of freedom, security and justice”, that will take place in July 1-3, at the Conference Room of the University of Macedonia.
Marina Schneider - Best practices on legal protection of cultural heritageUNESCO Venice Office
Fight against illicit traffic of cultural property in South-East Europe.
Gaziantep, Turkey, 19-21 November 2012
Link: http://www.unesco.org/new/en/venice/about-this-office/single-view/news/building_capacities_for_the_fight_against_the_illicit_trafficking_of_cultural_property_
in_south_east_europe/
Smartphones for safety: digital technologies and the refugee’s journeymysociety
This was presented by Anamaria Topan from the University of
Innsbruck at the Impacts of Civic Technology Conference (TICTeC2016) in Barcelona on 27th April. You can find out more information about the conference here: https://www.mysociety.org/research/tictec-2016/
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa. Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
Smartphones for safety: digital technologies and the refugee’s journeymysociety
This was presented by Anamaria Topan from the University of
Innsbruck at the Impacts of Civic Technology Conference (TICTeC2016) in Barcelona on 27th April. You can find out more information about the conference here: https://www.mysociety.org/research/tictec-2016/
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa. Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa. Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa. Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa. Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
A research opportunity facilitated by the George Washington University’s Dean’s Scholars Program allowed Prajna Naidoo to pursue an experience as an intern at the Scalabrini Center in Cape Town (SCCT) to understand the inner workings of the Employment Access Business Development Program and its clients, in pursuit of her degree. Below are the preliminary results of her research.
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa. Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa.
Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa.
Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa.
Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa.
Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
At the end of March 2020, in the midst of the first phase of the Covid-19 pandemic, the Scalabrinian Missionaries for the Europe and Africa region, through the Scalabrinian Agency for Cooperation and Development (ASCS), have promoted in their regional network of missionary positions and initiatives (Scalabrini International Migration Network - regional SIMN) through a campaign to raise awareness and funds to primarily support migrants and refugees as "neighbours", who are suffering under the pandemic, due to indifference or marginalisation, despite having, with all other human beings, “only one home”.
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa.
Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
SIHMA’s new research paper series is entitled the Advocates’ Migration Brief and addresses recent judicial decisions relating to people on the move. The first paper in the series is entitled Unintended Consequences for Exclusions, and explores the application of exclusion provisions in the South African context. This first paper in the series convers an aspect of international and domestic refugee law being exclusion from refugee status. In the refugee status determination process, it is important to establish whether a person falls within the definition of a refugee to receive protection from the host state. Some individuals though might meet the requirements of one or more definition but may nevertheless be excluded from protection because they may be considered to not be deserving of or in need of protection.
This report explores the development of new asylum seeker policy aimed at curtailing asylum seekers’ right to work in South Africa whilst they await the finalisation of the claims, and what the country can learn from similar policy developments in the European Union (EU)
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa.
Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
A process server is a authorized person for delivering legal documents, such as summons, complaints, subpoenas, and other court papers, to peoples involved in legal proceedings.
Understanding the Challenges of Street ChildrenSERUDS INDIA
By raising awareness, providing support, advocating for change, and offering assistance to children in need, individuals can play a crucial role in improving the lives of street children and helping them realize their full potential
Donate Us
https://serudsindia.org/how-individuals-can-support-street-children-in-india/
#donatefororphan, #donateforhomelesschildren, #childeducation, #ngochildeducation, #donateforeducation, #donationforchildeducation, #sponsorforpoorchild, #sponsororphanage #sponsororphanchild, #donation, #education, #charity, #educationforchild, #seruds, #kurnool, #joyhome
What is the point of small housing associations.pptxPaul Smith
Given the small scale of housing associations and their relative high cost per home what is the point of them and how do we justify their continued existance
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
This session provides a comprehensive overview of the latest updates to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly known as the Uniform Guidance) outlined in the 2 CFR 200.
With a focus on the 2024 revisions issued by the Office of Management and Budget (OMB), participants will gain insight into the key changes affecting federal grant recipients. The session will delve into critical regulatory updates, providing attendees with the knowledge and tools necessary to navigate and comply with the evolving landscape of federal grant management.
Learning Objectives:
- Understand the rationale behind the 2024 updates to the Uniform Guidance outlined in 2 CFR 200, and their implications for federal grant recipients.
- Identify the key changes and revisions introduced by the Office of Management and Budget (OMB) in the 2024 edition of 2 CFR 200.
- Gain proficiency in applying the updated regulations to ensure compliance with federal grant requirements and avoid potential audit findings.
- Develop strategies for effectively implementing the new guidelines within the grant management processes of their respective organizations, fostering efficiency and accountability in federal grant administration.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
ZGB - The Role of Generative AI in Government transformation.pdfSaeed Al Dhaheri
This keynote was presented during the the 7th edition of the UAE Hackathon 2024. It highlights the role of AI and Generative AI in addressing government transformation to achieve zero government bureaucracy
1. Fences to asylum:
The role of international law in protecting the right to
access to asylum at Ceuta and Melilla
María Valles
Conference “Access to asylum”
Monash University Prato Centre, Italy
29 May 2014
2. Fences to asylum:
The role of international law in
protecting the right to access to
asylum at Ceuta and Melilla
3. Introduction
Starting points
low number of asylum claims in
Spain
legal challenges on access to
international protection at land
EXTERNAL borders
Structure of the paper:
1) SPAIN as country of asylum
2) Ceuta and Melilla: the only
external EU land border in Africa
3) Seeking asylum at the only EU
land border with Africa
3
4. 1) Spain as country of asylum
2.565 asylum
applicants
3rd lowest percentage
per million inhabitants
among EU Member
States
*(above Portugal and
Estonia )
2012 4.485 asylum
applicants
6th lowest percentage
per million inhabitants
among EU Member
States
*(above Czech
Republic, Latvia ,
Portugal, Estonia,
Romania, Slovakia)
2013
4
5. 2) SPAIN (Ceuta and Melilla): the only
EU land border in Africa
5
6. Spanish enclaves in North Morocco
CEUTA
• Spanish since 1580
• Population: 82,000 (2012)
• Area: 19 square Km
• Mediterranean coast
• Border with Tetuan
(Moroccan province)
MELILLA
• Spanish since 1496
• Population: 78,400 (2012)
• Area: 12,5 square Km
• Mediterranean coast
• Border with Nador
(Moroccan province)
6
8. Legal framework applicable to the
enclaves
• “An integral part of the Spanish nation with
indissoluble unity”
• Enjoy the same constitutional status than the
rest of provinces of Spain
• Became european cities when Spain joined
European Community in 1986
8
9. Are the enclaves part of Schengen area?
• Spain signed Schengen implementing Convention in 1991
• The country introduced a specific declaration in the Final Act to
the Agreement to regulate these borders, historically very
permeable
• According to article 36 of Schengen Borders Code this
Declaration is applicable today:
“The provisions of this Code shall not affect the special rules applying to the
cities of Ceuta and Melilla”
9
10. Spanish Declaration to the Schengen
implementing Convention
• “Declaration on the towns of Ceuta and Melilla
• (a) The current controls on goods and travellers entering the customs territory of the European Economic
Community from the towns of Ceuta and Melilla shall continue to be performed in accordance with the
provisions of Protocol 2 of the Act of Accession of Spain to the European Communities.
• (b) The specific arrangements for visa exemptions for local border traffic between Ceuta and Melilla and
the Moroccan provinces of Tetuan and Nador shall continue to apply.
• (c) Moroccan nationals who are not resident in the provinces of Tetuan or Nador and who wish to enter the
territory of the towns of Ceuta and Melilla exclusively shall remain subject to the visa requirement. The
validity of these visas shall be limited to these two towns and may permit multiple entries and exits ("visado
limitado múltiple") in accordance with the provisions of Article 10(3) and Article 11(1)(a) of the 1990
Convention.
• (d) The interests of the other Contracting Parties shall be taken into account when applying these
arrangements.
• (e) Pursuant to its national law and in order to verify whether passengers still satisfy the conditions laid
down in Article 5 of the 1990 Convention on the basis which they were authorised to enter national
territory upon passport control at the external border, Spain shall maintain checks (on identity and
documents) on sea and air connections departing from Ceuta and Melilla and having as their sole
destination any other place on Spanish territory. To the same end, Spain shall maintain checks on
internal flights and on regular ferry connections departing from the towns of Ceuta and Melilla to a
destination in another State party to the Convention”
10
11. The border fences
• Both cities have a fence that divide the cities from Morocco
• The fences were first erected in 1993 in Ceuta (8.2 Km) and in 1996 in
Melilla (10.5 Km)
• To fight against new phenomenon of illegal immigration from Sub-
Saharan countries arriving in Morocco as a transit country in their way to
Spain or other country of Europe
• In 2005 two massive assaults to the fences, as a result of which at
least 14 died, raised attention on the situation of migrants trying to
cross Morocco into Ceuta and Melilla worldwide , several measures
to strength the surveillance were taken . Among those, the height
of the fences was increased from 3 metres to 6 metres.
• In 2014 after 15 people died trying to get Melilla by sea after try to
climb the fence
• In 2014 and 2013 significant increased of attemptempts in Melilla,
mucho more media attention.
11
12. Figures access to asylum at Ceuta and
Melilla
• Asylum applications in MELILLA: 33 in 2012 and
41 in 2013
• Figures of the number of claims in 2014 are not available yet, but according to
UNHCR by the 1st of May 2014 figures of asylum claims of Syrians are 0 (it should be
noted that there are at least 700 Syrians at the CETI).
• Asylum applications in CEUTA: 184 in 2012 and
325 in 2013
• In 2014, according to UNHCR by the 1st of May asylum claims of Syrians in Ceuta
up to May have been 27 (18 have renounced) (there are 114 in the CETI)
12
13. 3. Seeking asylum at the only EU land border with
Africa: human rights implications
I. Before crossing the fences:
• Is Spain exercising jurisdiction by funding and encouraging Morocco to prevent refugees to reach
its soil, being, therefore, responsible of potential violation of the right to leave a country and the
right to access to asylum?
II. At the fences while trying to enter to Spanish-EU soil: access to asylum procedures
• Is Spanish and EU law fully applicable in the events of people trying to obtain protection by
climbing the barriers, including the measures to strength the “effectiveness” of the fences, such as
increase their height or add razor wire on their top?
III. Within Ceuta or Melilla: the “sweet prision”. Violation of right to freedom of movement
o deprivation of liberty?
• Might Spanish authorities be violating the right to freedom of movement of asylum seekers,
recognized by the ICCPR or the Fourth Protocol to ECHR, by preventing them to leave the
Enclaves, arguing the territorial exception of Article 36 of Schengen Code?
•
13
14. 1st step: Before crossing the fences: Spain and EU´s
international obligations in relation to refugees who have not
reached EU´s territory yet (I)
• “active” measures of States outside their borders, such as
interception at the sea, engage international responsibility
• Could international responsibility also be triggered by
“indirect” actions such as funding or political support?
• Yes, if we can argue that Spain or EU is exercising
jurisdiction
14
15. 1st step: Before crossing the fences: Spain and EU´s
international obligations in relation to refugees who have not
reached EU´s territory yet (II)
• Potential breach of the right to leave a country?
• A central question in international refugee and human rights law is the
extent to which the obligation on states to refrain from deport a
person also engages a duty to allow them to arrive at the borders of
the state in order to seek protection (Council of Europe)
• Article 13.2 of the Universal Declaration of Human Rights makes it
clear that the right to leave a country is not limited to citizens, it applies
to anyone and everyone no matter where he or she is. This wording is
repeated in Article 12.2 ICCPR and elsewhere in human rights treaties
which include the right to leave a country, including one’s own.
15
16. 2nd step: At the fences while trying to enter to
Spanish-EU soil: access to asylum procedures
(I) Legal issues on Spanish measures physically preventing people from climbing the
fences or pushing back those who have already crossed
• Fences are Spanish territory
• Article 13 Schengen Borders Code “refusals to entry shall be without prejudice to the
application of special provisions concerning the right to asylum”
• Prohibition of colletive expulsions (art 4 of Protocol 4 ECHR/ art 19 EU Charter)
• Principle of non-refoulement (Return Directive- preambule (8) MS are allowed to
reutn illegally staying (…) but only provided that in this country are fair and efficient
asylum systems in place”
• Right to leave a country (art. 12 (2) ICCPR and art 2 of Protocol 4 of ECHR)
16
17. 2nd step: At the fences while trying to enter to
Spanish-EU soil: access to asylum procedures (II)
(II) Lack of applicability of asylum border procedure
• Spanish national law
• the Directive on asylum procedures:
many applications for international protection are made “at the border
or in transit zone of a Member State prior to a decision the entry of
the applicant” (Preamble (38))
“where there are indications that third-country nationals (…) present
at border crossing points, including transit zones, at external borders,
may wish to make an application for international protection Member
States shall provide with information on the possibility to do so”
(Article 8 (1))
17
18. 3rd step: Within Ceuta or Melilla: the “sweet prison”
(I)
What is happening?
Since aprox January 2010, arguing its obligations under Schengen regulations, Spain is preventing
asylum seekers, already admitted to the ordinary procedure, documented by Spanish authorities and
waiting for a decision on the merit of their international protection claim, from leaving Ceuta or
Melilla to go to the Spanish mainland at the Peninsula.
Right to freedom of movement
• Article 12 ICCPR / Article 2 Protocol Four ECHR
• the Directive 2013/33/EU on standards for the reception of applicants for international
protection states that they “may move freely within the territory of the host Member State”
(article 7 (1)
• It also establishes that when a Member State assigns an area of residence for them it should be
decided “for reasons of public interest or public order” and Member States have to provide for
“the possibility of granting applicants temporary permission to leave the place of residence”
article 7 (4) . There is not any legal provision in Spanish law to regulate what is happening in the
enclaves
• EU Charter on Fundamental Rights article 45 (2) leaves the door open by saying “in accordance
with Treaties”
18
19. Comments by the Spain on the report of the Special Rapporteur on
contemporary forms of racism, Mission to Spain
• “What the Special Rapporteur refers to as administrative hurdles for
asylum seekers in Ceuta in Melilla is based on the exceptional situation
of these two Autonomous Cities regarding the Schengen regulations,
although the Government acknowledges that this interpretation has
been challenged in several decisions by the Superior Court of Justice
of Andalusia”
May, 2013
Right to effective remedy? Art 6 ECHR
Right to good administration? Art 41 EU Charter
19
3rd step: Within Ceuta or Melilla: the “sweet prison”
(II)
21. CONCLUSIONS
• International law may play crucial role in protecting refugees and asylum
seekers in Spain
• Spain could be exercising jurisdiction by funding and encouraging “preventing
measures” of Morocco and interceptions, without checking whether this
country is fulfilling international standards
• Spanish practice of preventing people from cross the fences and returning
them without identifying them is contrary to the right to access to asylum
• Spanish different treatment of asylum seekers in Ceuta and Melilla preventing
them to leave the enclaves until they do not obtain a final response to their
claims are:
Not justified under Schengen regulations
Illegal under EU law and IHRL
Amount to a violation at least of the right to freedom of movement IHRL
21
24. Facts in 2014
• Ceuta and Melilla
• Collective expulsions, push-baks without any procedure
• https://www.dropbox.com/sh/9cvtk1u3ihfbj15/AABN
AavRJVd1e3vEElggv7dha/Devoluciones%20ilegales.mp
4
• Melilla
• Moroccoan forces entered in Spanish territory in order to
detain people and take them back to Morocco
http://politica.elpais.com/politica/2014/03/31/actualida
d/1396266629_039724.html
24
27. Syrians arrive in France crossing by
Melilla
• UNHCR France Press Release
• The long journey from their war-torn country to France
was full of danger and littered with physical and
administrative obstacles. Most of the Syrians come from
the cities of Homs, Aleppo and Latakia. They fled to
neighbouring Lebanon, and then slowly made their way
across North Africa to the Spanish enclave of Melilla.
Some had valid travel documents, but others had to use
stealth to get across heavily guarded borders to reach
safety in Europe.
• http://www.unhcr.org/535f68526.html
27
28. And just yesterday…
• http://www.aljazeera.com/news/europe/2014/
05/hundreds-migrants-storm-into-spain-
2014528123443981704.html
28
29. Spanish Asylum Act
• It was not until 2009 when Spanish asylum legislation were adapted to the Common European
Asylum System, though the Law 12/2009 on right to asylum and subsidiary protection, approved
on the 30th of October.
• The Law 12/2009 establishes only one system for assessing both refugee status and subsidiary
protection. The Asylum law establishes two different procedures:
• (1) Border procedure: for claims issued at a border point, also applicable to claims filled at
Detention Centres for Foreigners . Although the time frame to serve a decision is very short (4
day for the first decision, +2days for the appeal, +2 days for the decision), Spanish authorities are
allowed to decide on the merits at this stage.
• (2) Procedure within territory: for claims issued in Spanish territory. If the applicant is in
Madrid the application should be filed at OAR´s office, if he or she is in other part of the country
the application can be filed at police stations. Once admitted, claims can be processed under the
accelerated procedure or the ordinary procedure. The only difference between the two is the time
frame to decide, six months for the ordinary procedure and three months for the urgent (or
accelerated) one.
29