Opinion of the Economic and Social Committee on the 'Proposal for a Council Decision establishing a Community action programme to promote the integration of refugees'
20. 12. 1999 EN Official Journal of the European Communities C 368/19 — If, as is hoped, the codification process makes Community law clearer and more accessible, DG V could explore the possibility of supplementary instruments and measures to promote better implementation of existing legislation. Brussels, 20 October 1999. The President of the Economic and Social Committee Beatrice RANGONI MACHIAVELLI Opinion of the Economic and Social Committee on the ‘Proposal for a Council Decision establishing a Community action programme to promote the integration of refugees’ (1999/C 368/08) On 5 July 1999, the Council decided to consult the Economic and Social Committee, under Article 262 of the Treaty on European Union, on the above-mentioned proposal. The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 30 September 1999. The rapporteur was Mrs zu Eulenberg. At its 367th plenary session of 20/21 October 1999 (meeting of 20 October) the Economic and Social Committee adopted the following opinion by 107 votes to one with two abstentions. 1. General comments Against the background of this generally favourable opinion, the ESC would, however, make a few proposals for changes to the current document, which are set out and explained below: This opinion examines a Community action programme promoting the integration of people who have been recognised as refugees ‘or, depending on the Member State concerned, granted some other form of protection enabling them to remain, and are therefore suitable candidates for full assimi- lation into the society of the Member States’ (page 3 of the in proposal). At the request of the European Parliament, December 1998 the European Commission submitted a corre- sponding proposal for a Council Decision. The ESC is extremely glad that, at the request of the European Parliament, the Commission has submitted the Proposal for a Council Decision establishing a Community action programme to promote the integration of refugees. The ESC endorses both the explanatory memorandum and the body of the proposal and sees in the action programme an important instrument for underpinning and continuing the positive results of the pilot actions, and for reacting in a coherent way to the challenges facing the European Union and its Member States in connection with the integration of refugees. Against this background the ESC stresses the importance of modelling the action programme closely on the pilot actions, e. g. in terms of timing, and ensuring that it is implemented as rapidly as possible. The ESC also considers the 18-month term of the programme to be essential. 1. 1. Funding policy background to the proposed action programme 1. 1. 1. The integration of refugees who have found shelter and protection in the EU Member States has become a matter of increasing concern in recent years. At the request of the European Parliament, in 1997 and 1998 a number of pilot actions promoting the integration of refugees were funded under budget heading B3-4113. The action programme under review here, which was adopted by the Commission in December 1998, reflects the performance of the pilot actions. 1. 1. 2. On 13 January 1999 the Commission also submitted a complementary proposal for a joint action establishing measures to provide practical support in relation to the reception and the voluntary repatriation of refugees, displaced persons and asylum applicants (COM(1998) 733 final). The proposal is based on work carried out under budget headings B5-803 and B7-6008 during the same period. C 368/20 EN Official Journal of the European Communities 20. 12. 1999 1. 1. 3. For 1999 the European Union’s budget authority has set aside 5 million euros under budget heading B3-4113 for preparatory measures to promote the integration of refugees. The purpose of these measures is to prepare the proposals contained in the action programme and test their feasibility. If the proposed action programme is approved by 1. 1. 4. the Council during 1999, the programme will be up and running in the year 2000. The action programme aims to provide a legal basis 1. 1. 5. for continuing the work and guarantee a smooth transition to the Community action to promote social inclusion, as in the medium term it is intended that the measures in respect of refugees will be taken forward as part of Community action to promote social inclusion (under Article 137 of the EC Treaty as amended by the Treaty of Amsterdam). (See page 4 of the proposal. ) — the continuity of funding should be guaranteed in order to sustain these projects and their results. 1. 2. 2. A lack of continuity in this important area of work could mean that the good start made by the EU-assisted projects would go to waste and that in many Member States inadequate national funding programmes would neither provide nor envisage resources to pursue these activities. 1. 2. 3. That is why we consider it necessary to continue EU assistance. The action programme needs to be adopted as quickly as possible in order to achieve a seamless transition between the preparatory measures and the action programme. 1. 3. Integration background to the proposed action programme 1. 1. 6. The proposed action programme thus has two functions. Firstly, to provide a smooth transition between the preparatory measures of the 1999 financial year and the proposed Community action to promote social inclusion. Secondly, to maintain the added value created by the multiyear projects already in place. 1. 3. 1. The proposal for a Council Decision establishing a Community action programme to promote the integration of refugees refers to ‘a global approach for refugees, displaced persons and asylum applicants’ (page 2). The European Parliament called upon the Commission to draft such an approach based on existing measures. This is now set out in the following two complementary proposals: Although adoption of the decision was scheduled for 1. 1. 7. the first half of 1999, this could not be achieved under the German presidency. 1. 2. Assessing the funding policy background to the proposed action programme In terms of 1. 2. 1. the adoption of the draft decision by the Council of the European Union is desirable in several respects: its funding policy background, — the pilot actions completed or under way in 1998 and 1999 under budget heading B3-4113 have in all Member States developed and improved the structures for assimilat- ing refugees; — Europe-wide public awareness campaigns have been car- integration networks have been established, ried out, non-governmental organisations have been able to enhance their cooperation on refugees in a systematic and targeted fashion (1); — the proposal for a joint action establishing measures to provide practical support in relation to the reception and the voluntary repatriation of refugees, displaced persons and asylum applicants (on the basis of Article K. 3 of the EU Treaty) (COM(1998) 733); — and the proposal currently under discussion for a Council decision establishing a Community action programme to promote the integration of refugees (on the basis of Article 235 of the EC Treaty) (COM(1998) 731). 1. 3. 2. The measures proposed in the action programme focus on ‘people who have been recognised as refugees or, depending on the Member State concerned, granted some other form of protection enabling them to remain, and are therefore suitable candidates for full assimilation into the society of the Member States’ (page 3). By way of 1. 3. 3. justifying the action programme to promote the integration of refugees the Commission proposal cites the need ‘to act at European level as a consequence of growing public awareness that xenophobia, lack of integration, and social exclusion are fundamental challenges to democratic society’ (page 3). Emphasis is also placed on the refugee phenomenon, and its increasing scale and impact in the Member States (idem). (1) Report on action taken and on the selection of projects in 1998, budget heading B3-4113 — Integration of refugees, European Commission, DG V [see also enclosed information brochures on the project ‘Joint Force for Integration’ issued by the Platform of the European Red Cross Cooperation for Refugees, Asylum Seekers and Migrants and the ‘Task Force on Integration’ issued by the European Council on Refugees and Exiles (ECRE)]. 1. 3. 4. With regard to refugees as a particularly vulnerable population group, the Commission proposal mentions specific integration measures taking into account the circumstances of their exile and particularly the initial phase of their integration into a host society. 20. 12. 1999 EN Official Journal of the European Communities C 368/21 1. 3. 5. In addition to transferability and innovation, empha- sis is placed on the principles of partnership and participation. The principle of partnership is to be implemented using a multidimensional approach involving cooperation between two or more partners. To implement the principle of partici- pation, the cooperation partners need to ensure the direct participation of the refugees. 1. 3. 6. The European nature of the programme is designed to establish synergistic effects and transfers of good practice and experience which are not feasible at national level and which are not covered by existing EU programmes. ‘Such measures, which can act as a bridge into mainstream actions designed to promote integration, do not at present fall directly within other Community interventions, be it action against racism, social exclusion, or Structural Funds intervention’ (page 4). 1. 3. 7. Since the proposal was submitted by the European Commission on 16 December 1998 it has been discussed by various European and national bodies and institutions. On 18 March 1999, the Committee on Civil Liberties and Internal Affairs of the European Parliament held a discussion on the various EU measures in the field of asylum and migration. Looking towards the forthcoming ratification of the Treaty of Amsterdam the Committee’s members stressed that it was a genuine European area of action, as immigration and asylum policy now fall within the Community remit. On the basis of a report drafted by Mrs Zimmerman, MEP, it was proposed that a comparative analysis of the situation of refugees in the EU Member States be carried out. The European Parliament also proposes the introduction in the medium term of a ‘European Refugee Fund’ which groups together all of the budget headings contained in the EU budget into a single budget heading. The aim is to improve the EU’s action and resource distribution in respect of refugees (1). In the revised Guidelines for a European migration 1. 3. 8. and asylum strategy (in the earliest version dated 23 June 1999) during the German Council presidency, attention was drawn to the importance of integrating third-country nationals, including recognised refugees. ‘Integration of third-country nationals lawfully resident in the Member States on a long-term basis, including those with refugee status, is a matter of utmost importance. (. ) The European Council is aware of Europe’s position as a continent marked by migratory movements (. ). It points out that the integration of third-country nationals living in Europe on a long term basis will be a constant task for the European Union and its Member States’ (2). The document also emphasises the need for a global, integrated strategy for European migration and asylum. 1. 4. Assessing the integration background to the proposed action programme it The proposed action programme establishes an 1. 4. 1. the common European asylum and important pillar of migration policy. There is no doubt that is not only non-governmental organisations involved in assisting refugees who welcome the treatment of refugees as a particularly vulnerable population group with specific integration needs. Neither is there any doubt that in the European Union there is a political resolve to promote the integration of refugees. This is all the more true since migratory and refugee movements are certainly not passing phenomena, but increasingly constitute a long-term challenge for Member States and others. Against such a backdrop, to introduce a European Refugee Fund under which all refugee- related budget headings are brought together merits particular attention. the European Parliament’s proposal 1. 4. 2. It is the intention of the Commission proposal, inter alia, to promote the receptiveness of the European public. In view of this the reference to the ‘rise of the refugee phenom- enon’ (p. 4) is out of place. 1. 4. 3. The challenges arising now and in the future from the EU and its Member States granting asylum to refugees, possibly to an increasing extent, provide justification for the continuation of Community support. 2. Proposals for amending and supplementing the pro- posal for a Council decision 2. 1. Principles of partnership and participation 2. 1. 1. As explained in the foreword, the Commission’s proposal is to directly involve refugees in the implementation of the action programme. In our view, refugee organisations and self-help groups active in project development and implementation should participate in the action programme. 2. 1. 2. Proposal: Point 3. 2 should be expanded by adding on the following sentence. In their capacity as players in project development, implementation and evaluation, refugee self-help groups and other migrant organisations working for the integration of refugees should be actively included. In this respect, the cooperation of all organisations representing civil society is to be encouraged. 2. 2. Second recital 2. 2. 1. As explained in the foreword, there has been an increase in the number of refugees in Europe as a whole, but not in all Member States, hence our proposal to qualify this statement. (1) See News Report of 18. 3. 99, European Parliament. (2) Note from presidency to the Strategic Committee on Immigration, Frontiers and Asylum, doc. No 8815/99 ASIM 23, Brussels, 23. 6. 1999. Proposal: ‘ (. ) whereas the number of refugees in 2. 2. 2. some Member States has substantially increased in recent years;’. C 368/22 EN Official Journal of the European Communities 20. 12. 1999 2. 3. Article 1 2. 3. 1. The delay in the adoption of the action programme and the introduction of the preparatory measures for the period from 1 July 1999 to 1 July 2000 mean a change in the timeframe for the action programme: from 1 July 2000 to 31 December 2001. The question of 2. 3. 2. the participation in society of refugees in the Member States is a key matter of concern for many of those involved in the field of refugee integration. That should be more strongly emphasised at this point in the text: ‘The purpose of the programme is to contribute to the effective integration into and the enhanced participation in society of refugees in the Member States, inter alia through participation in networks (. )’. 2. 4. Articles 3 and 4 and point 4 of the explanatory memorandum 2. 4. 1. All of the actions proposed under point 4 are at European level. Applicants are expected to cooperate at European level (Actions II and III) or at national level carry out a large multidimensional project with a clear European added-value (Action I). This is basically to be supported. However, possible disadvantages for smaller organisations assisting refugees, particularly self-help organisations and their national associations, should be countered — as just explained above — by including them in the planning, development and implementation of multidimensional projects and projects with Europe-wide features. 2. 5. 3. Proposal: ‘2. The Commission shall cooperate with institutions and organisations active in the field of integration of refugees, particularly non-governmental organisations. Enhanced participation of refugee self-help organisations shall be sought’. 2. 6. Article 7 the membership of In line with Article 6, 2. 6. 1. the committee proposed here should comprise one representative of NGOs and one ESC member representing the social partners. The ESC is aware that the decision on the Committee procedure currently rules out the enlargement of the proposed committee to include ESC members. Proposal: Add the following to the first indent: ‘The 2. 6. 2. membership of the Committee shall be such as to ensure the involvement of representatives of NGOs and/or the social partners’. 2. 7. Article 8 2. 7. 1. For the sake of clarity, it should be added here that the support is for measures promoting the integration of refugees. 2. 7. 2. Proposal: a) should be expanded as follows: general guidelines for the support to be provided by the Community for measures promoting the integration of refugees. 2. 4. 2. Proposal: Action I: In this respect, equal opportunities must be promoted for applications from smaller organisations through involvement in networks. 3. Conclusion 2. 5. Article 6 2. 5. 1. As the integration of refugees is in many Member States achieved via programmes and initiatives of non- governmental organisations, these should where possible be explicitly mentioned here. 2. 5. 2. In accordance with the Commission’s principles of partnership and participation, refugee self-help organisations should also be mentioned here as relevant cooperation part- ners. 3. 1. The Proposal for a Council Decision establishing a Community action programme to promote the integration of refugees broadly earns our support. It is particularly important to work towards a speedy adoption of the decision so that there are no breaks in assistance and to ensure that the relevant projects are pursued. This is also the only way of guaranteeing continued use of the structures already in place and the knowledge acquired. Since the issues of migration and inte- gration will remain of considerable importance for the EU and its Member States in the future, the ESC will continue to follow this programme closely and will work for adequate funding for European assistance instruments. Brussels, 20 October 1999. The President of the Economic and Social Committee Beatrice RANGONI MACHIAVELLI