REGINE Regularisations in Europe Final Report - European ...

calls for the rapid adoption of the 1990 UN Convention on the Protection of All Migrant Workers and
Their Families, stressing the need to protect the rights of irregular migrants and combat discrimination
and racism targeted at undocumented migrants. Finally, the statement critically reviews the lack of
involvement of social actors in developing policies on irregular migration: “Unfortunately cooperation
with civil society does not seem to be in the focus of this communication and the distinctive role and
experience of churches and church related agencies in addressing complex issues resulting from
migration are not fully acknowledged. It is striking that NGOs are only mentioned as informationproviders
on undocumented workers, not as partners in ensuring a human rights-based policy
approach. We are deeply concerned about the misconception regarding the role of NGOs, churches
and church agencies in the context of setting up a common European migration policy.” In an earlier
statement of March 2006, European Churches voice their concern that provisions of the ‘Return
Directive’ might render it impossible to carry out regularisation campaigns, which, according to
Churches, “have proved to be an important instrument for tackling the complex issue of irregular
migration.” 266 The Churches also note that return can only be an element in a comprehensive approach
and particularly note the importance of ensuring equal access to international protection in the
territory of the Union. In the current context, the Churches see a danger that access to protection
depends on mere chance, depending on whether persons in need of protection reach a country with
high or low recognition rates, as the example of Chechnyan refugees shows. 267
In a similar vein, the European Council on Refugees and Exiles (ECRE) highlights the need to ensure
equal access to international protection across the EU. As a tool to access protection, ECRE supports
the introduction of EU Protected Entry Procedures (PEPs): these are arrangements that would permit
an individual to: (i) approach the authorities of a potential host country outside its territory with a
view to claiming recognition of refugee status or another form of international protection; and (ii) be
granted an entry permit in case of a positive response to that claim, be it preliminary or final. 268
According to ECRE, success in such a procedure should not depend on any particular links with the
country of destination. ECRE also stresses that the specific procedures “should not undermine the
situation of those with protection needs who arrive in Europe in an irregular manner and should not be
considered as an alternative to resettlement. Furthermore, making a PEP application should also not
prevent a person from seeking asylum on EU territory in the future.” 269
In a review of Member States’ practices vis-à-vis persons who cannot be deported, ECRE observes
that many people who cannot be returned may find themselves in ‘limbo situations’ – irregular
situations with few or no rights and without any possibility of receiving support or permission to
work. Thus, ECRE notes that in practice a return decision or procedure is often suspended but rarely
266 Caritas Europa, Churches Commission for Migrants in Europe (CCME), Commission of the Bishops'
Conferences of the European Community’s Working group on Migration (COMECE), International Catholic
Migration Commission (ICMC), Jesuit Refugee Service Europe (JRS-Europe) and Quaker Council for European
Affairs (QCEA) (2006): Comments on the European Commission’s Proposal for a Directive of the European
Parliament and of the Council on common standards and procedures in Member States for returning illegally
staying third-country nationals COM (2005) 391, Brussels, p.2
267 Ibid.
268 ECRE (2007): Defending Refugees Access to Protection in Europe, Available at:
http://www.ecre.org/files/Refugees%20Access%20to%20Protection%20in%20Europe%20FULL.pdf, p.50
269 Ibid. p.52
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