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European Reintegration Networking |
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European Reintegration Networking |
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Comité Internacional de Rescate (RESCATE)
C/ Luchana, 36-4º Dcha.
28010 Madrid
tnos. 34.91.447.28.72,
34.91.447.29.60
fax. 34.91.447.23.21
cir@ongrescate.org
In this section will be described the more significant general norms that restrict immigration and refuge, emphasizing the competence and the development of laws, decrees, and resolutions. This description´s aim is to inform the reader of the general framework applicable in Spain and its relation with voluntary and forced return.
The protection accorded to the refugee includes the prohibition of expulsion and forced return. According to art. 33 of the Geneve Convention, the State of refuge is compelled not to return the refugee (non refoulement), against his/her will, to where he/she has suffered persecution. This is the fundamental feature of refuge because if the States in which refuge was sought did not comply with this essencial obligation, the entire legal system for the protection of refugees would collapse.
The convention consegrates other basic norms that States should implement according to employment, the right of association, free enterprise, housing, public education and public health, etc.
The UNHCR established four requirements for return, 1) The circumstances that motivated the emigration have disappeared, 2) The return be voluntary, 3) The return be done under secure and dignified conditions, and, 4) Tripaart agreement between the country of origin, the country of refuge, and the UNHCR in order to guarantee the refugee physical, economic, legal and social security.
Its purpose is to establish the State as responsible for examining a set solicitude for asylum. In other words, it sets the amount of solicitudes that the state receives and processes in order to avoid multiple solicitudes, avoiding in turn that the solicitudes be sent from one State to the next without either State assuming the responsibility of processing the petition for asylum.
With the introduction of the Treaty of Amsterdam, a process began within the European Union (EU) with the short-term objective (5 years – ending in 2004) of the adoption of minimal measures on asylum. Depending on what is specified in each norm that is approved by the European Union, each member State would be at liberty to: approve legislation that is more accorded to what is mandated in the minimal agreements; allowing the establishment of exceptions to the application of certain norms; the decision of whether or not certain concepts or established practices apply to the member state.
After five years, the Union has noticed as a long-term measure, the adoption of member state norms according to the common procedure of asylum that would be valid in the entire European Union.
The decision of the European Counsel on September 8, 2000 (596, based on art. 63.2 b), from the Constitutive Treaty of the EU, created the European Fund for Refugees that wil be used as of January 1, 2000 to December 31, 2004, according to common politics in terms of asylum that includes a common guideline for European asylum for those in search of protection in the European Union.
The estimated sum for this organization is 216 million euros. This aid will be used in favor of the refugees, expatriots, solicitors of asylum, the protected under 17.2 and the solicitors of this particular protection.
The execution of this assistance is oriented for the creation of improved conditions for reception of refugees (infrastructure and services for the accomodation, provision of material assistance, medical assistance, social assistance, and in the administrative and legal formalities), integration of those who remain in the country in a stable manner and repatriation.
Concerning integration, the fundamental approach in the creation of actions for social assistance – housing, means of subsistance and medical assistance – facilitating social adaptation and the autonomy of these individuals.
Concerning repatriation, the approach to create directed actions for: 1) supply information on the condition of the country of origin, advising over the programs for voluntary return and, 2) Actions of formation in terms of profession and assistance in reinsertion.
In accordance with the decision, the application of this policy should be based on the solidarity between the member States and on the assumption that the creation and existence of the mechanisms that contribute to the attainment of the balanced budget between the efforts of the States to accept the refugees and the displaced and accept the consequences of this refuge.
Summary of the considerations that should be taken into account for the creation of the Fund:
Support of the means so as to prove beneficial the educational programs and profession formation with favored Structured Funds, and maintain and stregthen social and economic integration of the refugees. This in turn creates conditions of favorable labour integration which results in the refugees´ ability to provide his/her own needs.
Accordingly, the provision of concrete assistance to improve and create conditions of voluntary return for refugees and the displaced, taking into account the application of the Common Action 1999/290 in reference to refuge and voluntary repatriation.
The creation of a financial reserve was considered in order to temporarily protect the sudden and massive influx of refugees, and in every circumstance, the search for an equitable distribution of the amount of refugees that arrive in the States.
This assistance must be solicited by each State from the FER from its national public administrations, regional or local, central or decentralized, educational entities or for investigation or for formation, international organizations and NGO´s, in accordance with the situation and the observed necessities, contributing guarantees for its execution.
For the execution of EFR assistance, each state is designated the authority of public administration, responsibile of the action, and sole speaker before the Commission, which chould then delegate the responsibilities to other public entities or to NGO´s; without prejudice of community control. The Refugee and Asylum Office (OAR) is responsible for the supervision, management, finance, executions and evaluation of projects.
On March 21, 2002, the European Community Commission approved the proposal of co-finance of FER presented by Spain for the year 2002, granting it the sum of 933, 063.85 €, of whish 38, 174.70 € will be saved for technical and administrative assitance, the rest of the sum distributed as follows:
Refuge: 290, 127.75 €
Integration: 459, 697.53 €, of which 169, 569.78 € will be reserved for those in an especially vulnerable situation.
Return: 145, 063.87 €
In Spain, asylum has constitutional rank (art. 13.4), so much as the Gin Convention of 1951 or the Protocol of 1967, they form part of the legal order in Spain. In 1984 Law 5 was approved, modified by las 9/1994, the application of this law having been regulated by means of Royal Decree 203/1995.
The Asylum and Refuge Office deals with the issues related to asylum and refuge, its general functions being to participate as secretary of the Interministry Commission of Asylum and Refuge (CIAR), the proceedings of issues related to asylum and refuge, and the elaboration of reports with respects to asylum.
The OAR depends on the General Subdirection of Asylum and in a specific manner instructs the procedure for the concession of asylum, notifies those who are interested of the resolutions of the solicitations, and informs the solicitors of asylum about the existant social services. The OAR also proposes the non-admissions through procedures of asylum solicitudes to the Ministry of the Interior through the General Director of Inerior Policies, provides information to the UNHCR, and periodcally informs the CIAR of the non-admissions accorded and of the criteria accorded, and also submits to said commission the authorization of proposed stays for humanitarian reasons for for public interest.
Every foreigner that is withing Spanish territory or in the border, in this case seeking asylum, conforming with the indicated norms has the right to effective legal guidance, free legal assistance and and interpreter in administrative or judicial proceedings, in order to fullfill the guarantees previously stated in the law and in the protection of Human Rights.
The assistance is obtained through Lawyer Colleges or through NGO´s. This consultant´s office is extended through the NGO´s going beyond legal aspects to the social and labour aspects in support of integration.
The States have the authority of setting the norms and requirements to authorized the entrance and stay of foreigner in their territory, also demanding that the international procedures be strictly adjusted.
The Ministry of the Interior is the most competent in terms of immigration, specifically the Government Delegation for Foreign Affairs and Immigration; to this corresponds among other fields the application of the Organic Law 4/2000 of January 11, reformed by the LO 8/2000 of December 23 (BOE number 307, of the same date), as in Regulation 864/2001 for its execution.
The Labour Ministry and Social Issues, Public Administration, Exterior Affairs, and Public Health, Consumption, and Legal also have fields related to immigration.
The Law and Regulation mentioned contemplate the negation of entrance in spanish territory, forced repatriation from abroad, and the expulsion from the territory, without regulating the voluntary return to the country of origin. This type of return is referred to the GRECO PROGRAM, to which will be referred to later, this Program does not have legal power, but represents a direction that should be followed by the government in favor of the return of immigrants to their countries of origin.
Preceeded by a controversy between the most highly represented political parties, on December 22 the Spanish parliament approved the law 8/2000 concerning the rights and liberties of foreigners in Spain and their social integration. This modified and complimented law 4/2000, of January 11, that is, that in accordance with the assumed responsibilities in the adapted conclusion in Tamperes, 1999, over the creation of an area of liberty, security, and justice in function with the actual situation of immigration and the projections of the same, the new legal framework concerning the influx of migration conserving the figures of temporary residence and of permanent residence, including in temporary permits the situations of humanitarian reasons or special circumstances. Similarly, the new ordenance includes the expatriots that desire to regularize their situation in Spain.
To this effect, a job permit has been regulated for foreigners, establishing a regiment that tries to guarantee the lucrative activities in Spain, that demands other than the authorized residence permit an official authorization to work in Spain. When dealing with a special titled profession, the concession of a permit will be conditioned in respects to the corresponding title and/or the field of study if asked for by the law.
In the initial concession of the working permit, special criteria can be used to specific nationalities from the begin of the reciprocity.
To hire a non-authorized foreigner, the employer must obtain authorization from the Ministry of Labour and Social Affairs, the lack of authorization will not terminate the work contract in respect to the workers rights. To obtain a job permit elsewhere, the government will take into account the situation of national employment, but not so in the case of refugees or other special cases.
The personal accomplishment of economic activities (commercial, industrial, agricultural, or artisan) should be accredited by administrative authorization and comply with the requirements expected by the spanish nationals for that end, being exempt from paying those fees.
In general, a job permit will be renewed if the contract continues or if a new offer is made, as when the contributive loan is rewarded for unemployment.
The government has established annually until 2001, from the past meeting with the most represented sindicates and the managing associations, a contingent of workers, fixing their number and characteristics of job availability for foreign workers that are not residents, indicating the sectors and professional activity.
In relation to the traficking of people, the law metions in accordance to the Schengen Agreement, transportation companies are forced to take measurees that impede illegal immigration, failure to do so will result in the penalty of sanctions against the companies. Particularly the traffic of people that have to verify the completement of the requirements in order to enter Spanish territory.
The legal framework that guarantees the rights of foreigner in Spain is delineated by Title I of the Constitution, the international treatise and agreements in use, and the stated law, legal instruments directed to the guarantee the equality of foreigners with spaniards, being first the general interpretation of the fundamental rights of the Universal Declaration of Human Rights.
Effective legal guidance is directed to guarantee the due process in the administrative jurisdiction of the case and legal in relation with immigration, intervention being legitmate in the process of the interested and the organizations that act in defense of the immigrants. The assistance would be free of charge if the interested party does not have the economic means to pay for the service.
It is expressed in the previously stated law, under the protection of art. 53 of the Constitution, discrimination is “every action that, directly or indirectly, implies a distinction, exclusion, or preference against a foreigner based on the race, color, ancestry, or the origin of nationality or ethnicity, the conviction and religious practice, for the end or effect of destroying or limiting the recognition or the exercise, in conditions of equality, of the fundamental human rights and liberties in the political, economic, social, and cultural field”.
In this sense a reference is made to the authorities, civil servants or personelle in charge of public service, in carrying out these functions, and those that impose condition more serious than those of spaniards in order for the foreigner to obtain benefits or public services, similarly as the excess of work, housing, education, professional training and social services and partner assistance, or the impedement of carrying out an economic activity legitimately started from belonging to a specific race, religion, ethnicity, or nationality.
To enter Spanish territory, foreigners have in their possession a passport or travel document that accredits their identity, havig to justify their stay and the means of survival during their stay. In general a visa is necessary, except from solicitors of asylum, upon entrance of Spain.
The visa is solicited at the diplomatic missions or consulate offices in Spain, the granting or negation is subject to present international commitments, guided by the commitment of the exterior policies of Spain and the European Union.
The law of Foreign Affairs has introduced as an infraction the figure of expulsion in the cases of illegal stay in Spanish territory, according to the findings made by the European Council of Tampere, foreigners who have been forced to exit will not be able to re-enter Spain during the time in which entrance is prohibited. Those who do not comply with those requirements to enter anew through the resolution will been denied the right to a legal appeal and to be assisted by a lawyer and interpreter.
1. – The exit of Spanish territory will be made obligatory when legally ordered in the cases stated in arts. 89 and 96 of the Penal Code, so to say, when a foreigner is sentenced to be inprisoned for less the 6 years, this sentenced can be substituted with expulsion from the territory upon decision of the judge. Expulsion can also be an option upon judge´s decision when the sentence is equal to or more than 6 years and only after three-fourths of the sentence has been served. In these cases, the foreigner cannot return to Spain for a period or 3 or 10 years, counted as of the date of expulsion. If the foreigner returns before the designated time period the foreigner will have to carry out the remaining sentence that was substituted by the expulsion. If the foreigner attempts to return and is detained on the bordeer, the foreigner will be expusled by government authority. The expulsion lasts for a maximum of 10 years once the administrative decision has been finalized.
2. – Expulsion or return acorded by administrative decision in the previously stated cases in the law of ¿foreign affairs? 30/1992, of Legal Regimen of the Public Administrations and the Common Administrative Procedures, that are classified in mild, serious and very serious. The sanctions are given in 3 years, 2 years, and 6 months respectively, applying the sanction of the fine in accordance with the economic capacity of the sanctioned, such fines can lead to expulsion of Spanish territory, prior to the negotiation of administrative proceedings. For the level of these sanctions, criteria is taken into consideration in proportion to the infraction, valuing the degree of guilt, damage produced and the risk derived from the infraction.
Amongst other things, the sanctions indicated as mild causes carry with them the omission or the postponement in the communication to the authorities in charge of changing nationality, civil state, residence, labour activity, not being able to renew residence permit, and working without legal authorization. With serious causes finding themselves irregularly in Spanish territory, working without a job or residence permit. With very serious causes carrying out activities against public order, exterior security of the State or that can endanger Spain´s relations with other countries, or being implicated in activities against public order, contribute to clandestine but not illegal immigration, racial descrimination, the hiring of workers who are foreigners, and the transport of foreigners without fulfilling the requirements expected by law.
– And finally, exit is obligated due to the “administrative negation of the solicitudes created by the foreigner to continue their residence in Spanish territory or the lack of authorization to reside in Spain”.
Expulsion is suspended when the foreigner solicits asylum or when a woman is pregnant and potentially endangers her life or the life of her child. The same i applied when a foreigner effectively collaborates in investigations concerning the trafficking of persons or labour, illegal immigration, or prostitution. And in every case for being a victim, judged or testified for these infractions.
Foreign law considers the return for foreigners who are not allowed the return into Spanish territory, returning them to the place of origin within the following 72 hours. If this time period expires, the administrative authority will solicit that the Judge of Instruction determine the place of confinement, being at the Judge´s disposal, and forbidden the right to movement out of the designated area (the confinement cannot exceed 40 days). This situation will be reported to the Ministry of Exterior Relations and to the Embassy or Consulate of the foreigner.
As a member of the European Union, Spain contributes to the creation of community norms, including in the field of immigration. The European Council, having met under the Spanish presidency, approved on February 28, 2002 the Global Plan working against Illegal Immigration and the Treatment of Human Beings in the European Union. On their behalf, the Commission has presented a “Green Book” concerning community policies for the return of residents with irregular cases, when which common solutions are sought now that each State has attempted to find themselves within their own ability, generally thourhg bilateral agreements.
This program has as an objective (2001-2004) new methods in the fight against discriminations and inequalities of every class in the labour market through transnational cooperation, labeled within the european strategy for Employment, adopted in the Title concerning employment in the Treaty of Amsterdam and put into action as of the European Council of Luxemberg of November 1997, as in the integrated strategy in municipal scale in the fight against discrimination and social exclusion.
In Spain, the proceedings of EQUAL consist of meetings of key actors in the sector of geographic area. A series of different fields like those of Public Administrations, NGO´s, social speakers and the business sector (particularly PYMES – Small and Medium Sized Companies -), that work in association and sharing their different experiences and specialized knowledge.
The presented projects will fix their framework of action within one specific subject chosen by them, within those selected by the Spanish State that figure into the community iniciative program as: 1) Facilitator of access and the reincorporation into the labour market, of those who suffer difficulties in integrating and reintegrating into the labour market that should be open to all, 2) Fight against racism and xenophobia in relation to the labour market, 3) Opening the process for the creation of businesses to all, providing the necessary instruments for the creation of businesses and for the identification and exploitation of new possiblities for the creation of employment in the urban and rural zones, 4) Support of the adaptability of new businesses and the workers during structural economic changes and the use of new communication and information technologies, 5) Conciliate familial and professional life, as in reintigrating men and women that have abandoned the labour market, through the development of the flexible and effective labour organizations and support services, and, 6) Reduction of the inbalance between men and women and support for the elimination of segregation in the work place.
In order to be selected, the projects must have a total cost for the total period (2001-2004) of between 500, 000 and 3, 000, 000 euros.
The development of the Global Regulation and Coordination Program for Foreigners and Immigration applies the mechanisms of financing that guarantee the maintenance of the programs and activities in each of the involved Ministries, through the General Budgets of the State.
This program is constituted by a series of actions that have their base in necessities and singularities of the objectives in each program, be they national or autonomous.
The Council of Ministers Agreement of March 30, 2001, published in the Resolution of April 17, 2001, by the Government Delegation of Foreigners and Immigration has directed the program towards the Permanent Observatory of Immigration, for the achievement in major capacity of analysis, conclusions and raise proposals, and the coordination of distinct Public Administrations – national, autonomous, and local – that can contribute data concerning immigration.
Government instances in which the government is able to carry out the GRECO Program are:
In the late 1980´s, new opportunities were created for peace with the United Nations´ major involvement in the potential creation of peace agreements in various countries that have been devasted by war.
In accordance with Esquipulas II, signed by Costa Rica, Guatemala, Honduras, and Nicaragua, the iniciatives made by refugees, non-governmental organizations, and conferences on central american refugees proved beneficial to help expose the many issues concerning displacement and return, which was the case in the International Conference of Central American Refugees (CIREFCA) of 1989.
Therefore, in the late 80´s and early 90´s, the refugees began to organize returns in grand scale. In the case of El Salvador, before the end of negotiations concerning the conflict that continued in the country and against government objection, the refugees that resided in Honduras announced their intentions of returning in organized groups to zones not controlled by the government. Having requested support from UNHCR and other humanitarian organizations, UNHCR at the time did not display its readiness to promote and facilitate the repatriation of the refugees because it believed that circumstances to guarantee the security of the refugees were not available. In the mid-90´s, close to 32,000 El Salvadoreans had returned to their country.
In various cases, conserving the differences in each, another example can be seen in Guatemala (42,000 refugees from Mexico) with the participation of UNHCR and the two related governments. In Nicaragua, large scale repatriation was brought about after the fall of the Sandista government.
The experience acquired in El Salvador and Guatemala motivated the UNHCR to reconsider their traditional focus in these operations; "the politics of the organization needed to be better defined concerning when repatriation should be promoted and when voluntary repatriation should be facilitated"
Other cases worth noting are the repatriations to Camboya (1992-1993) with more than 350,000 people and the repatriation to Mozambique (1993-1994) with close to 1.3 million. In this case, the refugees initiated their own return, before the signing of peace agreements.
These three experiences developed with a new and wider focus. The UNHCR acted within a poitical strategy boundary that was more general which led reconciliation, reinsertion, and reconstruction. It also established the maintenance over time of the effort done to consolidate peace in order to efficiently assist in the treatment of trauma and desperation caused by years of war and exile.
For the great majority of refugees, return is strongly desired. The situation consists of knowing when, how, and where to return, since returning to the same area of origin in their country is not an option.
Little has been theorized concerning the return of refugees, but some elements and experiences exist that lead to differentiate it in its models:
Repatriation is also considered to have two additional models: the collective return and the individual return, with the handling of each case being different. In the first case, programs are developed according to the needs of the group. The second case, on the other hand, is persona and in many cases is not assisted. In this respect assisted and non-assisted repatriation is valued.
Accordingly, the governments in the country of asylum, the country of origin, places of worship, intergovernmental organizations and non-governmental oganizations can choose whether or not to participate in the repatriation process. Consequently, these models can adquire diverse forms and repurcussions.
For the UNHCR, there are four requirements for return, 1) The circumstances that caused their escape have disappeared, 2) That the return be voluntary, 3) That the return be done under conditions of security and dignity, and 4) That a tripart agreement between the country of origin, the country of asylum, and UNHCR exist in order to guarantee the security of the returnees (physical, economic, judicial, and social).
For the International Organization of Immigrants ¿OIM?, an agreement must exist between the organization and the States.
According to the UNHCR, during the year 2000, it was calculated that an estimated 800,000 refugees returned to their countries of origin, 50% less than in 1999, when 1.6 million refugees repatriated themselves, including about 800,000 Kosovars. Some 97,000 refugees settled in the primary country of asylum in 2000, including almost 40,000 refugees assisted by the UNHCR, who supposed a 37% increase for the agency in respect to 1999.
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Main Movements/ Voluntary Repatriation (in the year 2000 according to destination*) |
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From Country of Origin |
To Principle Countries of Asylum |
Total |
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Afghanistan |
Iran y Pakistan |
292,500 |
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Yugoslavia |
Switzerland/Former Republic of Yugoslavia-Macedonia/Bosnia-Herzegovina |
124,500 |
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Eritrea |
Sudan |
68,000 |
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Somalia |
Ethiopia |
53,900 |
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East Timor |
Indonesia |
48,500 |
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Liberia |
Cöte d' Ivoire/Guinea |
42,400 |
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Sierra Leona |
Guinea/Liberia |
40,900 |
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Rwanda |
Republic of Congo |
26,300 |
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Croatia |
Yugoslavia/Bosnia-Herzegovina |
20,400 |
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Bosnia-Herzegovina |
Yugoslavia-Croatia |
18,700 |
* Ten main movements.
As a result of collected information, it was found that in Spain, eight (8) organizations exist, based in Madrid, that work with the subject of return:
Government Organizations: three (3)
Non-Governemntal Organizations:
Organizations with a Humanitarian Nature:
Organizations with an International Nature:
As explained in chapter I, number 4, over the applied methodology, formulas were created to collect the established questions in the guideline of an interview given by the German Agency -AGEF- to the Comité Internacional de Rescate - CIR-. The following points will display a sythesis of the questions, divided into three parts: the first part displays the country of origin, what were the causes that motivated departure of the country, and the number of people assisted by organizations according to the programs. The second part displays specific answers concerning the return; and the third part displays the appreciation of those who were interviewed. (For effect, complimentary questionnaires by the institutions are omitted).
Question: List the causes (political, religious, economic, etc.) that motivated the departure of the country of origin; in the corresponding area, indicate the number of people and family afftected for every cause, during the years 2000, 2001, and 2002. Along with the previous question (causes), indicate the most significant countries according to the number of people assisted:
The causes listed by the four non-governmental organizations were:
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TOTAL AMOUNT OF PEOPLE ASSISTED BY ALL EXISTING ORGANIZATIONS FOR ALL CAUSES IN THE YEARS: 2000, 2001, AND 2002: 244,822 People (215 familys) |
The answers given by the organizations display the fundamental political factor, but upon integration of all these causes, they basically portray the lack of guarantee for the fulfillment of the Fundamental Rights, Economis, Political and Social guarantees. The exclusion of either of these aspects marks the rythm and the intensity of human mobility in the countries of origin, individually and collectively they aspire to overcome conditions placed, that render development impossible individually and collectively.
The previous is confirmed in the case of Latin America, excluding Colombia where the conflict is more critical and the causes in the coutries in the Andes Region that are affected similarly. The economic crisis has extended to all of the Latin American subcontinent and the condition and quality of life has quickly descended, as in the case of Argentina.
More so in Africa, where conditions tend to be more dramatic due to the extreme poverty, and in the countries of Eastern Europe, that confront a new sociopolitical reality en which vast public sectors have been excluded. Once again, globalization is the essential cause that creates tensions y creates an inbalance in extensive regions of the earth, determining the level of development, denying its inhabitants the posibility to overcome the levels of instability in their lives. The interests of international capital, lead on occasion by state or inter-state interests, support armed conflicts in certain reions or countries as a function to economic gain and the free flow of money.
Question: List the programs that the institution offers in Spain for a solicitor of asylum, those who have gained asylum, special circumstances, expatriots, and economic immigrants.
Three of the four institutions: - Red Cross, ACCEM and CIPIE - offer similar programs for the different cases, (solicitor of asylum, those who have gained asylum, special circumstances, expatriots, and economic immigrants) in:
The duration of these programs is approximately one year.
CIPIE offers information, orientation, and acceptance to only economic immigrants.
The four organizations also offer other programs, but not all are offered to the five cases:
The Spanish Red Cross offers Employment for Economic Immigrants and the ACCEM to the rest of the cases, except immigrants for economic causes.
The Red Cross offers the program of regrouping to the five cases, the ACCEM only offers to those who have gained assylum and those accepted for Special Circumstances.
The program for Search and Delivery of Messages is offered by the Red Cross and the ACCEM.
The Comité internacional e Rescate (CIR) offers programs to the five cases in:
In the case of expatriots, if they have solicited asylum.
Voluntary Return is a continuous program, that normally depends on annual funding.
The International Organization for Migrations (OIM) lend assistance to Solicitors of Asylum, those who have gained asylum, Special Circumstances, and Immigrants in:
The Red Cross offers Economic Immigrants emergency, employment, acceptance and integration programs. The ACCEM offers these programs to not only Immigrants but also to Solicitors of Asylum, those who have gained asylum, Special Circumstances, and Expatriots.
The program of Family Reunification is offered by the Red Cross and Asylum seekers, those who have gained asylum, Special Circumstances, Expatriots, and Economic Immigrants.
C.I.R.
CIR develops return programs from Spain and is also present in other countries. In the Balkans, CIR develops reconstruction and fund generation projects for those who chose to return. A direct connection does not exist with the Return Programs in Spain due to the nationality of the actual solicitors, the majority being Colombian, and the Projects of Reconstruction for the returnees that are carried out in other countries (they assist in the information concerning the programs that the entity develops with returnees in the countries of origin).
SPANISH RED CROSS:
The Spanish Red Cross coordinates along with delegates of the International Cooperation Department of the Red Cross, depending on the country of origin along with other national societies of the Red Cross of the corresponding country.
Question: In respect to the previos question, the institutions were asked if the selection criteria had varied between the year 2000 and 2002, and why.
Of the 5 institutions that were consulted, only the Red Cross had varied its criteria. “During the years 2001 and 2002, the duration in Spain had been taken into account, a minimum of 9 months was established. In 2002, the duration in Spain is not known due to the problem in gaining regulization.
The approximate total of the economic loans received by those who are accepted in the program cannot be established because every case demands a different amounts concerning the cost of the tickets (depending on the country to which they are returning), the number of family members, the situation of the return country, etc.
Nevertheless, a stipulated amount that can serve as a reference does exist and can be used in respect to the economic presenation that facilitate the reintegration in the country of origin. The approximate cost is 601 euros per person, and a maximum of 2,400 euros for families.
(Information gathered by the ACCEM and CIR programs)
SPANISH RED CROSS:
Coordination of the national societies of the Red Cross in the countries of origin, with Red Cross delegations in specific countries, and in turn coordinatte with non-governmental organizations of the countries of origin.
CIR:
With international NGO´s in Columbia, OIM and Jesuits Refugie Servicie (JRS). Projects concerning reconstruction and development are directed to returnees, coordination also exists with land (IRC offices), and the institutional field with AECI/OTC and EU organisms.
ACCEM
THE SPANISH RED CROSS:
Coordination and continuation of meetings are maintained, IMSERSO, as with periodic contact with organization that organize return programs (CIR and ACCEM).
CIR:
In actuality, NGO´s dealing with returns consider that the level of attainment of the objectives have been optimal, since all the activities have been principally developed to advise, inform, and support those succeptible of being returned to their country of origin.
Upon this base, all of the cases that have been accepted into the program have depended on a personalized and individualized preparation that has guaranteed optimal transaction and advising in the process of returning to the country of origin. A special note must be made of the continuation that is carried out of each case, constituting that in every case the decision of repatriation has been beneficiary as a way to recuperate family and social stability within a familiar surrounding and with similar family structures.
The fact that the solicitors of asylum confront concrete dificulties must be considered because this becomes recurrent when the process of solicitude is prolonged: displacement, difficulties with the language, unacceptance of their traditions and customs, uncertainty, emocional instability, personal and/or family histoy of each solicitor in their country of origin and, in many cases, the precariousness of their economic and social surroundings since the existence of the two is due to the support of family members and a social network.
In some cases, these experiences give rise to an instability that provokes the idea of return as an option to regain stability and, at the same time, the development of a personal life within the family, social, and cultural parameters.
In other cases, the motives to return to the country of origin are strongly related to the situation that he/she has lived in our country as a consequence, in a great part, to the dificulties that they have found in being able to attain optimal social and labour insertion in our society.
That is why it is believed that this program is a suitable resource to facilitate those who wish to return to the country of origin. Having benefitted from their stay in our country (language, occupational/professional, etc.) in some cases, facilitates the incorporation into the labour market of their country of origin.
Accordingly, it is considered that the program is an optimal resource that facilitates return to those who saw themselve obligated to abandon their country of origin for reasons that are no longer valid and in support of those who no longer wish to stay in Spain.
In Spain, the OIM office principally carries out transport related issues, and in the case that continuation is needed, this is fulfilled through their global office network.
In some countries of return, the reference that is used in the continuation is of the user when he/she is installed in the country of origin, assuming that no institutional representation or access to place of origin is available.
At the moment it is dificult to discuss results since it has only been since the year 2000 that the EU, along with the FER, has begun to support this type of incentive programs for voluntary return which has given momentum to this type of service that will prove a lasting solution.
The most apparent weak point of these projects is the enormous difficulty to accomplish an adequate process of the evolution of the reintegration of these people in their country that generally lies at the expense of the will/possibility of the beneficiaries to communicate with the entity.
The idea of the project at its strongest point, having been carried out in an adequate manner, return is the solution most desired by those who do not succeed in obtaining integration in Spain.
Weak points:
Strong points:
The government civil servants explained the abilities of their entities and their relation with the FER, concerning acceptance, integration and return. They indicated that the continuation of the programs is done by the OAR.
In respect to the institutional coordination it was explained that the Ministry of the interior, through the Generald Subdirection of Migration, has within their abilities the resolution of the situations of the immigrants in irregular conditions, expulsions, and return.
Among the ministers of the Interior, Exterior Affairs, Justice and Work and Social Affairs exist a dynamic coordination that is reflected in the Interministerial Commission and other instances that deal with migration and refuge.
CIR
For the European Union, for Spain and for the countries of origin, the CIR considers that return should be seen as a lasting solution to “get rid of” people with irregular situations. This is a result of trying to unify voluntary return with the ideas of co-development and sharing responsibility with the countries of origin.
SPANISH RED CROSS
The European Union:
“The last thing that i have read referring to return has been in a green book related to Community Politics of Return for Illegal Residents, presented by the European Commission on April 10, 2002. This document is exclusively limited for the return of illegal residents and not for the voluntary return of nationals in terciary countries under legal residence.
Spain:
The approach for return should not seperate itself from the co-development with the countries of origin.
Countries of origin:
Responsibility should be shared between the Country of acceptance and the Country of origin.
CIPIE:
“The return programs of the institution are limited to a designated budget. During the year it is carried out, it is possible to return 25 to 30 people, (according to the country of return and whether or not there are children). This permits the small award of economic assistance to help with the trip and the subsequent displacement and inability to find immediate employment, psychological support, rehabilitation, etc. Less in the country of origin because in both cases exists the need for a greater budget.
Ministry of the Interior Delegation of the Government for Foreigners and Immigration “2000 Foreign Statistical Yearbook”. Edita Ministery of the Interior. Delegation for Foreigners and Immigration. Madrid, 2000.
Delegation of the Government for Foreigners and Immigration. General Direction of Foreigners and Immigration. General Subdirection of Asylum. “Memory of the of Asylum and Refuge, 2000 and 2001”. Madrid, 2000 and 2001.
United Nations High Commission for Refugees (UNHCR): The Situation of Refugees in the World. Fifty Years of Humanitarian Action”. Ed. Icaria, 2000.
CLAVIJO G., Claudia y PERDOMO, B, Hernando. Elaborated study for ACNUR: “The integration of Refugees in Spain”. s/e Madrid, Spain, 2000.
CLAVIJO G., Claudia y PERDOMO, B, Hernando. Elaborated study for ACCEM: “Columbians in Spain: Refugees and Immigrants”. s/e. Madrid, Spain, 1999.
Library of Legislation Civitas: “Constitution and Constitutional Tribunal”. Ed. Civitas. 2000.
Library of Legislation Civitas: “Legislation Concrning Foreigners”. Ed. Civitas. 2000.
Ministry of the Interior. Generald Secretary of Technology. “Basic Rules of Foreigners”. Edita: General Secretary of Technology of the Ministry of the Interior. 1998.
Websites:
www.google.com with websites:
United Nations, ACNUR and European Commision, European Council.
Denmark does not participate in the adoption of the decision and so far does not consider itself neither linked nor bound to its application.
Information taken from the Resolution of April 19, 2002, from the Generald ¿Direction of Foreign Affairs? and Immigration, for which was made public the convocation of proposals for the its finance for GER in 2002.
The group that the Greco Program deals with are the regularized immigrants, from developing countries.
In 1999, NGO´s and other Parties actively contributed in the proposal of the migration law, presented to parliament, was approved through the law 4/2000 of January 11, the reform of this law and previous approval of the law 8/2000 of December 22, generated strong tensions between these and other governments and the Popular Political Party.
Rights of Locomotion; Reunion; Education, scholarships, assistance, children´s educatiion; Work, unionization, Health Assistance, Assistance for housing and Social Security access and for Social Services; Family Intimacy, Family Reunification.
Mild infractions carry a fine of up to 300€; serious infractions carry a fine from 301€ up to 6, 010€ and the very serious infractions carry a fine from 6, 010€ up to 60, 101€.
The “Green Book” limits itself to outline the return of those who find themselves in European Union territory under an irregular situation.
In elaboration to the present report – August 2002 - , Spain signed Agreements in terms of immigration bilaterally with Bulgaria, Colombia, Ecuador, Slovakia, Estonia, France, Italy, Latvia, Lithuania, Morroco, Nigeria, Poland, Portugal, the Dominican Republic, and Romania.
United Nations High Commission for Refugees UNHCR, "The Situation of Refugees in the World, 50 years of humanitarian action". Ed. Icaria, 2000, pg 153.
Interview of: Julian Prieto, Subdirector of the Office of Asylum and Refuge, Carlos Guervos Millo, General Subdirector of Immigration, Carlos Casus Sanchez, director of the area of General Subdirection of Immigration. Ministry of the Interior.
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