THE CHALLENGES OF INTRAREGIONAL MIGRATION FLOW 16 th

THE CHALLENGES OF INTRAREGIONAL MIGRATION FLOW 16 th Regional Seminar of ACP-EU Economic and Social Interest Groups 16ème séminaire régional des milieux économiques et sociaux ACP-UE 8 -9/11/2018 Windhoek, Namibia JOSE ANTONIO MORENO DIAZ EESC MEMBER COMISIONES OBRERAS TRADE UNION MIGRATION LEGAL ADVISER SPAIN

EU´S MIGRATION “POLICY” BACKGROUNDS • FIRST STEPS – “DUBLIN SYSTEM” – SCHENGEN AGREEMENTS – INTERGOVERNAMENTAL APPROACH – NON EU POLITICAL COMPETENCE

A NEW DIMMENSION • 1999 AMSTERDAM TREATY • 2009 E. U. TREATY • • • * ARTICLE 78. The Union shall develop a common policy on asylum, subsidiary protection and temporary protection with a view to offering appropriate status to any third-country national requiring international protection and ensuring compliance with the principle of non-refoulement. This policy must be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees, and other relevant treaties. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures for a common European asylum system comprising: (a) a uniform status of asylum for nationals of third countries, valid throughout the Union; (b) a uniform status of subsidiary protection for nationals of third countries who, without obtaining European asylum, are in need of international protection; (c) a common system of temporary protection for displaced persons in the event of a massive inflow

Article 79 1. The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings. 2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures in the following areas: (a) the conditions of entry and residence, and standards on the issue by Member States of longterm visas and residence permits, including those for the purpose of family reunification; (b) the definition of the rights of third-country nationals residing legally in a Member State, including the conditions governing freedom of movement and of residence in other Member States; (c) illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation; (d) combating trafficking in persons, in particular women and children. 3. The Union may conclude agreements with third countries for the readmission to their countries of origin or provenance of third-country nationals who do not or who no longer fulfill the conditions for entry, presence or residence in the territory of one of the Member States(…).

DEVELOPMENT • ECONOMICAL MIGRATION – “VERTICAL” NORMATIVE: INEQUALITY – DIFFERENT DIRECTIVES: SEASONAL, HIGH-SKILLED/WHITE COLLAR, RESEARCHERS & STUDENTS WORKERS… • INTERNATIONAL PROTECTION – – – – C. E. A. S. DESIGN DIRECTIVES: 2001/55, 2004/83 2013/32 & 33; DUBLIN III REGULATION; EURODAC 2014 EUROFUND IMMIGRATION & INTEGRATION 2010 E. A. S. O. REGULATION AUTUMN 2015: NEW PACKAGE C. E. A. S. PROPOSALS NO IMPLEMENTATION: FROZEN

REALITY BITES • FAMINE IN AFRICA: SOMALIA, ERITREA, ETHIOPIA • CRISIS ON NORTHERN AFRICA: SO –CALLED “ARAB SPRINGS”: LIBYA • HUMANITARIAN DISASTERS: AFGHANISTAN, IRAQ, MYANMAR… • WAR ON SYRIA, SUDAN…

NEW RESPONSES • NEW E. U. MIGRATION AGENDA: MAY 2015 • FOUR PILARS TO MANAGE MIGRATION BETTER – – – Reducing the incentives for irregular migration Border management – saving lives and securing external borders Europe's duty to protect: a strong common asylum policy A new policy on legal migration Resettlement & reubication EU European Border and Coast Guard (september 2016)

CURRENT SITUATION • • • EU – TURKEY “AGREEMENT” (? ) CONTROLS & FENCES BETWEEN EU MEMBERS SCHENGEN COLLAPSE CEAS FAILURE OCTOBER 2018 E. C. NEW TOUGH PROPOSALS

PERSPECTIVES AND PROPOSALS ASYLUM AND INTERNATIONAL PROTECTION • FIRST OBLIGATION: TO PROTECT (GENEVE CONVENTION 1951): INTERNATIONAL & BINDING LAW • NON SOLIDARITY QUESTION: RESPONSABILITY TO FACE CRISIS • NEED TO CHANGE NARRATIVE ABOUT REFUGEES AND I. P. SEEKERS • URGENT NEED OF A REAL, EFFECTIVE, FAIR, COMMON & MANDATORY E. C. A. S. • ONLY WAY TO AVOID SECONDARY MOVEMENTS

PERSPECTIVES AND PROPOSALS: ECONOMIC AND LABOUR MIGRATION • NEED TO CHANGE THE MIGRATION NARRATIVE TO STOP FAR RIGHT POLITICAL PARTIES & XENOPHOBIC ATTITUDES • MIGRATION AS A NORMAL HUMAN PHENOMENA • NEED OF LEGAL, SAFE AND AGILE PATHS FOR ECONOMIC MIGRATION • COMMON EU LEGAL STATUS FOR MIGRANT WORKERS : PERMITS, PROCEDURE, RIGHTS… • REAL & COMMON EU MEMBERS BORDERS CONTROL : RESPECTING HUMAN RIGTHS (ASYLUM)

THANK YOU Jose. Antonio. Moreno. Diaz@eesc. europa. eu