#schengen_information_system

  • EU : One step closer to the establishment of the ’#permission-to-travel' scheme

    The Council and Parliament have reached provisional agreement on rules governing how the forthcoming #European_Travel_Information_and_Authorisation System (#ETIAS) will ’talk’ to other migration and policing databases, with the purpose of conducting automated searches on would-be travellers to the EU.

    The ETIAS will mirror systems such as the #ESTA scheme in the USA, and will require that citizens of countries who do not need a #visa to travel to the EU instead apply for a “travel authorisation”.

    As with visas, travel companies will be required to check an individual’s travel authorisation before they board a plane, coach or train, effectively creating a new ’permission-to-travel’ scheme.

    The ETIAS also includes a controversial #profiling and ’watchlist’ system, an aspect not mentioned in the Council’s press release (full-text below).

    The rules on which the Council and Parliament have reached provisional agreement - and which will thus almost certainly be the final text of the legislation - concern how and when the ETIAS can ’talk’ to other EU databases such as #Eurodac (asylum applications), the #Visa_Information_System, or the #Schengen_Information_System.

    Applicants will also be checked against #Europol and #Interpol databases.

    As the press release notes, the ETIAS will also serve as one of the key components of the “interoperability” scheme, which will interconnect numerous EU databases and lead to the creation of a new, biometric ’#Common_Identity_Repository' on up to 300 million non-EU nationals.

    You can find out more about the ETIAS, related changes to the Visa Information System, and the interoperability plans in the Statewatch report Automated Suspicion: https://www.statewatch.org/automated-suspicion-the-eu-s-new-travel-surveillance-initiatives

    –------

    The text below is a press release published by the Council of the EU on 18 March 2020: https://www.consilium.europa.eu/en/press/press-releases/2021/03/18/european-travel-information-and-authorisation-system-etias-council-

    European travel information and authorisation system (ETIAS): Council Presidency and European Parliament provisionally agree on rules for accessing relevant databases

    The Council presidency and European Parliament representatives today reached a provisional agreement on the rules connecting the ETIAS central system to the relevant EU databases. The agreed texts will next be submitted to the relevant bodies of the Council and the Parliament for political endorsement and, following this, for their formal adoption.

    The adoption of these rules will be the final legislative step required for the setting up of ETIAS, which is expected to be operational by 2022.

    The introduction of ETIAS aims to improve internal security, prevent illegal immigration, protect public health and reduce delays at the borders by identifying persons who may pose a risk in one of these areas before they arrive at the external borders. ETIAS is also a building bloc of the interoperability between JHA databases, an important political objective of the EU in this area, which is foreseen to be operational by the end of 2023.

    The provisionally agreed rules will allow the ETIAS central system to perform checks against the Schengen Information System (SIS), the Visa Information System (VIS), the Entry/Exit System (EES), Eurodac and the database on criminal records of third country nationals (ECRIS-TCN), as well as on Europol and Interpol data.

    They allow for the connection of the ETIAS central system to these databases and set out the data to be accessed for ETIAS purposes, as well as the conditions and access rights for the ETIAS central unit and the ETIAS national units. Access to the relevant data in these systems will allow authorities to assess the security or immigration risk of applicants and decide whether to issue or refuse a travel authorisation.
    Background

    ETIAS is the new EU travel information and authorisation system. It will apply to visa-exempt third country nationals, who will need to obtain a travel authorisation before their trip, via an online application.

    The information submitted in each application will be automatically processed against EU and relevant Interpol databases to determine whether there are grounds to refuse a travel authorisation. If no hits or elements requiring further analysis are identified, the travel authorisation will be issued automatically and quickly. This is expected to be the case for most applications. If there is a hit or an element requiring analysis, the application will be handled manually by the competent authorities.

    A travel authorisation will be valid for three years or until the end of validity of the travel document registered during application, whichever comes first. For each application, the applicant will be required to pay a travel authorisation fee of 7 euros.

    https://www.statewatch.org/news/2021/march/eu-one-step-closer-to-the-establishment-of-the-permission-to-travel-sche

    #interopérabilité #base_de_données #database #données_personnelles #migrations #mobilité #autorisations #visas #compagnies_de_voyage #VIS #SIS #EU #UE #union_européenne #biométrie

    ping @etraces @isskein @karine4

    • L’UE précise son futur système de contrôle des voyageurs exemptés de visas

      Les modalités du futur système de #contrôle_préalable, auquel devront se soumettre d’ici fin 2022 les ressortissants de pays tiers pouvant se rendre dans l’Union #sans_visa, a fait l’objet d’un #accord annoncé vendredi par l’exécutif européen.

      Ce dispositif, baptisé ETIAS et inspiré du système utilisé par les Etats-Unis, concernera les ressortissants de plus de 60 pays qui sont exemptés de visas pour leurs courts séjours dans l’Union, comme les ressortissants des Etats-Unis, du Brésil, ou encore de l’Albanie et des Emirats arabes unis.

      Ce système dit « d’information et d’autorisation », qui vise à repérer avant leur entrée dans l’#espace_Schengen des personnes jugées à #risques, doit permettre un contrôle de sécurité avant leur départ via une demande d’autorisation sur internet.

      Dans le cadre de l’ETIAS, les demandes en ligne coûteront 7 euros et chaque autorisation sera valable trois ans pour des entrées multiples, a indiqué un porte-parole de la Commission.

      Selon les prévisions, « probablement plus de 95% » des demandes « donneront lieu à une #autorisation_automatique », a-t-il ajouté.

      Le Parlement européen avait adopté dès juillet 2018 une législation établissant le système ETIAS, mais dans les négociations pour finaliser ses modalités opérationnelles, les eurodéputés réclamaient des garde-fous, en le rendant interopérable avec les autres systèmes d’information de l’UE.

      Eurodéputés et représentants des Etats, de concert avec la Commission, ont approuvé jeudi des modifications qui permettront la consultation de différentes #bases_de_données, dont celles d’#Europol et d’#Interpol, pour identifier les « menaces sécuritaires potentielles, dangers de migration illégale ou risques épidémiologiques élevés ».

      Il contribuera ainsi à « la mise en oeuvre du nouveau Pacte (européen) sur la migration et l’asile », a estimé le porte-parole.

      « Nous devons savoir qui franchit nos #frontières_extérieures. (ETIAS) fournira des #informations_préalables sur les voyageurs avant qu’ils n’atteignent les frontières de l’UE afin d’identifier les risques en matière de #sécurité ou de #santé », a souligné Ylva Johansson, commissaire aux affaires intérieures, citée dans un communiqué.

      Hors restrictions dues à la pandémie, « au moins 30 millions de voyageurs se rendent chaque année dans l’UE sans visa, et on ne sait pas grand chose à leur sujet. L’ETIAS comblera cette lacune, car il exigera un "#background_check" », selon l’eurodéputé Jeroen Lenaers (PPE, droite pro-UE), rapporteur du texte.

      L’accord doit recevoir un ultime feu vert du Parlement et des Vingt-Sept pour permettre au système d’entrer en vigueur.

      https://www.mediapart.fr/journal/fil-dactualites/190321/l-ue-precise-son-futur-systeme-de-controle-des-voyageurs-exemptes-de-visas
      #smart_borders #frontières_intelligentes

    • EU: Frontex splashes out: millions of euros for new technology and equipment (19.06.2020)

      The approval of the new #Frontex_Regulation in November 2019 implied an increase of competences, budget and capabilities for the EU’s border agency, which is now equipping itself with increased means to monitor events and developments at the borders and beyond, as well as renewing its IT systems to improve the management of the reams of data to which it will have access.

      In 2020 Frontex’s #budget grew to €420.6 million, an increase of over 34% compared to 2019. The European Commission has proposed that in the next EU budget (formally known as the Multiannual Financial Framework or MFF, covering 2021-27) €11 billion will be made available to the agency, although legal negotiations are ongoing and have hit significant stumbling blocks due to Brexit, the COVID-19 pandemic and political disagreements.

      Nevertheless, the increase for this year has clearly provided a number of opportunities for Frontex. For instance, it has already agreed contracts worth €28 million for the acquisition of dozens of vehicles equipped with thermal and day cameras, surveillance radar and sensors.

      According to the contract for the provision of Mobile Surveillance Systems, these new tools will be used “for detection, identification and recognising of objects of interest e.g. human beings and/or groups of people, vehicles moving across the border (land and sea), as well as vessels sailing within the coastal areas, and other objects identified as objects of interest”. [1]

      Frontex has also published a call for tenders for Maritime Analysis Tools, worth a total of up to €2.6 million. With this, Frontex seeks to improve access to “big data” for maritime analysis. [2] The objective of deploying these tools is to enhance Frontex’s operational support to EU border, coast guard and law enforcement authorities in “suppressing and preventing, among others, illegal migration and cross-border crime in the maritime domain”.

      Moreover, the system should be capable of delivering analysis and identification of high-risk threats following the collection and storage of “big data”. It is not clear how much human input and monitoring there will be of the identification of risks. The call for tenders says the winning bidder should have been announced in May, but there is no public information on the chosen company so far.

      As part of a 12-month pilot project to examine how maritime analysis tools could “support multipurpose operational response,” Frontex previously engaged the services of the Tel Aviv-based company Windward Ltd, which claims to fuse “maritime data and artificial intelligence… to provide the right insights, with the right context, at the right time.” [3] Windward, whose current chairman is John Browne, the former CEO of the multinational oil company BP, received €783,000 for its work. [4]

      As the agency’s gathering and processing of data increases, it also aims to improve and develop its own internal IT systems, through a two-year project worth €34 million. This will establish a set of “framework contracts”. Through these, each time the agency seeks a new IT service or system, companies selected to participate in the framework contracts will submit bids for the work. [5]

      The agency is also seeking a ’Software Solution for EBCG [European Border and Coast Guard] Team Members to Access to Schengen Information System’, through a contract worth up to €5 million. [6] The Schengen Information System (SIS) is the EU’s largest database, enabling cooperation between authorities working in the fields of police, border control and customs of all the Schengen states (26 EU member states plus Iceland, Norway, Liechtenstein and Switzerland) and its legal bases were recently reformed to include new types of alert and categories of data. [7]

      This software will give Frontex officials direct access to certain data within the SIS. Currently, they have to request access via national border guards in the country in which they are operating. This would give complete autonomy to Frontex officials to consult the SIS whilst undertaking operations, shortening the length of the procedure. [8]

      With the legal basis for increasing Frontex’s powers in place, the process to build up its personnel, material and surveillance capacities continues, with significant financial implications.

      https://www.statewatch.org/news/2020/june/eu-frontex-splashes-out-millions-of-euros-for-new-technology-and-equipme

      #technologie #équipement #Multiannual_Financial_Framework #MFF #surveillance #Mobile_Surveillance_Systems #Maritime_Analysis_Tools #données #big_data #mer #Windward_Ltd #Israël #John_Browne #BP #complexe_militaro-industriel #Software_Solution_for_EBCG_Team_Members_to_Access_to_Schengen_Information_System #SIS #Schengen_Information_System

    • EU : Guns, guards and guidelines : reinforcement of Frontex runs into problems (26.05.2020)

      An internal report circulated by Frontex to EU government delegations highlights a series of issues in implementing the agency’s new legislation. Despite the Covid-19 pandemic, the agency is urging swift action to implement the mandate and is pressing ahead with the recruitment of its new ‘standing corps’. However, there are legal problems with the acquisition, registration, storage and transport of weapons. The agency is also calling for derogations from EU rules on staff disciplinary measures in relation to the use of force; and wants an extended set of privileges and immunities. Furthermore, it is assisting with “voluntary return” despite this activity appearing to fall outside of its legal mandate.

      State-of-play report

      At the end of April 2020, Frontex circulated a report to EU government delegations in the Council outlining the state of play of the implementation of its new Regulation (“EBCG 2.0 Regulation”, in the agency and Commission’s words), especially relating to “current challenges”.[1] Presumably, this refers to the outbreak of a pandemic, though the report also acknowledges challenges created by the legal ambiguities contained in the Regulation itself, in particular with regard to the acquisition of weapons, supervisory and disciplinary mechanisms, legal privileges and immunities and involvement in “voluntary return” operations.

      The path set out in the report is that the “operational autonomy of the agency will gradually increase towards 2027” until it is a “fully-fledged and reliable partner” to EU and Schengen states. It acknowledges the impacts of unforeseen world events on the EU’s forthcoming budget (Multi-annual Financial Framework, MFF) for 2021-27, and hints at the impact this will have on Frontex’s own budget and objectives. Nevertheless, the agency is still determined to “continue increasing the capabilities” of the agency, including its acquisition of new equipment and employment of new staff for its standing corps.

      The main issues covered by the report are: Frontex’s new standing corps of staff, executive powers and the use of force, fundamental rights and data protection, and the integration into Frontex of EUROSUR, the European Border Surveillance System.

      The new standing corps

      Recruitment

      A new standing corps of 10,000 Frontex staff by 2024 is to be, in the words of the agency, its “biggest game changer”.[2] The report notes that the establishment of the standing corps has been heavily affected by the outbreak of Covid-19. According to the report, 7,238 individuals had applied to join the standing corps before the outbreak of the pandemic. 5,482 of these – over 75% – were assessed by the agency as eligible, with a final 304 passing the entire selection process to be on the “reserve lists”.[3]

      Despite interruptions to the recruitment procedure following worldwide lockdown measures, interviews for Category 1 staff – permanent Frontex staff members to be deployed on operations – were resumed via video by the end of April. 80 candidates were shortlisted for the first week, and Frontex aims to interview 1,000 people in total. Despite this adaptation, successful candidates will have to wait for Frontex’s contractor to re-open in order to carry out medical tests, an obligatory requirement for the standing corps.[4]

      In 2020, Frontex joined the European Defence Agency’s Satellite Communications (SatCom) and Communications and Information System (CIS) services in order to ensure ICT support for the standing corps in operation as of 2021.[5] The EDA describes SatCom and CIS as “fundamental for Communication, Command and Control in military operations… [enabling] EU Commanders to connect forces in remote areas with HQs and capitals and to manage the forces missions and tasks”.[6]

      Training

      The basic training programme, endorsed by the management board in October 2019, is designed for Category 1 staff. It includes specific training in interoperability and “harmonisation with member states”. The actual syllabus, content and materials for this basic training were developed by March 2020; Statewatch has made a request for access to these documents, which is currently pending with the Frontex Transparency Office. This process has also been affected by the novel coronavirus, though the report insists that “no delay is foreseen in the availability of the specialised profile related training of the standing corps”.

      Use of force

      The state-of-play-report acknowledges a number of legal ambiguities surrounding some of the more controversial powers outlined in Frontex’s 2019 Regulation, highlighting perhaps that political ambition, rather than serious consideration and assessment, propelled the legislation, overtaking adequate procedure and oversight. The incentive to enact the legislation within a short timeframe is cited as a reason that no impact assessment was carried out on the proposed recast to the agency’s mandate. This draft was rushed through negotiations and approved in an unprecedented six-month period, and the details lost in its wake are now coming to light.

      Article 82 of the 2019 Regulation refers to the use of force and carriage of weapons by Frontex staff, while a supervisory mechanism for the use of force by statutory staff is established by Article 55. This says:

      “On the basis of a proposal from the executive director, the management board shall: (a) establish an appropriate supervisory mechanism to monitor the application of the provisions on use of force by statutory staff, including rules on reporting and specific measures, such as those of a disciplinary nature, with regard to the use of force during deployments”[7]

      The agency’s management board is expected to make a decision about this supervisory mechanism, including specific measures and reporting, by the end of June 2020.

      The state-of-play report posits that the legal terms of Article 55 are inconsistent with the standard rules on administrative enquiries and disciplinary measures concerning EU staff.[8] These outline, inter alia, that a dedicated disciplinary board will be established in each institution including at least one member from outside the institution, that this board must be independent and its proceedings secret. Frontex insists that its staff will be a special case as the “first uniformed service of the EU”, and will therefore require “special arrangements or derogations to the Staff Regulations” to comply with the “totally different nature of tasks and risks associated with their deployments”.[9]

      What is particularly astounding about Frontex demanding special treatment for oversight, particularly on use of force and weapons is that, as the report acknowledges, the agency cannot yet legally store or transport any weapons it acquires.

      Regarding service weapons and “non-lethal equipment”,[10] legal analysis by “external experts and a regulatory law firm” concluded that the 2019 Regulation does not provide a legal basis for acquiring, registering, storing or transporting weapons in Poland, where the agency’s headquarters is located. Frontex has applied to the Commission for clarity on how to proceed, says the report. Frontex declined to comment on the status of this consultation and any indications of the next steps the agency will take. A Commission spokesperson stated only that it had recently received the agency’s enquiry and “is analysing the request and the applicable legal framework in the view of replying to the EBCGA”, without expanding further.

      Until Frontex has the legal basis to do so, it cannot launch a tender for firearms and “non-lethal equipment” (which includes batons, pepper spray and handcuffs). However, the report implies the agency is ready to do so as soon as it receives the green light. Technical specifications are currently being finalised for “non-lethal equipment” and Frontex still plans to complete acquisition by the end of the year.

      Privileges and immunities

      The agency is also seeking special treatment with regard to the legal privileges and immunities it and its officials enjoy. Article 96 of the 2019 Regulation outlines the privileges and immunities of Frontex officers, stating:

      “Protocol No 7 on the Privileges and Immunities of the European Union annexed to the Treaty on European Union (TEU) and to the TFEU shall apply to the Agency and its statutory staff.” [11]

      However, Frontex notes that the Protocol does not apply to non-EU states, nor does it “offer a full protection, or take into account a need for the inviolability of assets owned by Frontex (service vehicles, vessels, aircraft)”.[12] Frontex is increasingly involved in operations taking place on non-EU territory. For instance, the Council of the EU has signed or initialled a number of Status Agreements with non-EU states, primarily in the Western Balkans, concerning Frontex activities in those countries. To launch operations under these agreements, Frontex will (or, in the case of Albania, already has) agree on operational plans with each state, under which Frontex staff can use executive powers.[13] The agency therefore seeks an “EU-level status of forces agreement… to account for the partial absence of rules”.

      Law enforcement

      To implement its enhanced functions regarding cross-border crime, Frontex will continue to participate in Europol’s four-year policy cycle addressing “serious international and organised crime”.[14] The agency is also developing a pilot project, “Investigation Support Activities- Cross Border Crime” (ISA-CBC), addressing drug trafficking and terrorism.

      Fundamental rights and data protection

      The ‘EBCG 2.0 Regulation’ requires several changes to fundamental rights measures by the agency, which, aside from some vague “legal analyses” seem to be undergoing development with only internal oversight.

      Firstly, to facilitate adequate independence of the Fundamental Rights Officer (FRO), special rules have to be established. The FRO was introduced under Frontex’s 2016 Regulation, but has since then been understaffed and underfunded by the agency.[15] The 2019 Regulation obliges the agency to ensure “sufficient and adequate human and financial resources” for the office, as well as 40 fundamental rights monitors.[16] These standing corps staff members will be responsible for monitoring compliance with fundamental rights standards, providing advice and assistance on the agency’s plans and activities, and will visit and evaluate operations, including acting as forced return monitors.[17]

      During negotiations over the proposed Regulation 2.0, MEPs introduced extended powers for the Fundamental Rights Officer themselves. The FRO was previously responsible for contributing to Frontex’s fundamental rights strategy and monitoring its compliance with and promotion of fundamental rights. Now, they will be able to monitor compliance by conducting investigations; offering advice where deemed necessary or upon request of the agency; providing opinions on operational plans, pilot projects and technical assistance; and carrying out on-the-spot visits. The executive director is now obliged to respond “as to how concerns regarding possible violations of fundamental rights… have been addressed,” and the management board “shall ensure that action is taken with regard to recommendations of the fundamental rights officer.” [18] The investigatory powers of the FRO are not, however, set out in the Regulation.

      The state-of-play report says that “legal analyses and exchanges” are ongoing, and will inform an eventual management board decision, but no timeline for this is offered. [19] The agency will also need to adapt its much criticised individual complaints mechanism to fit the requirements of the 2019 Regulation; executive director Fabrice Leggeri’s first-draft decision on this process is currently undergoing internal consultations. Even the explicit requirement set out in the 2019 Regulation for an “independent and effective” complaints mechanism,[20] does not meet minimum standards to qualify as an effective remedy, which include institutional independence, accessibility in practice, and capacity to carry out thorough and prompt investigations.[21]

      Frontex has entered into a service level agreement (SLA) with the EU’s Fundamental Rights Agency (FRA) for support in establishing and training the team of fundamental rights monitors introduced by the 2019 Regulation. These monitors are to be statutory staff of the agency and will assess fundamental rights compliance of operational activities, advising, assisting and contributing to “the promotion of fundamental rights”.[22] The scope and objectives for this team were finalised at the end of March this year, and the agency will establish the team by the end of the year. Statewatch has requested clarification as to what is to be included in the team’s scope and objectives, pending with the Frontex Transparency Office.

      Regarding data protection, the agency plans a package of implementing rules (covering issues ranging from the position of data protection officer to the restriction of rights for returnees and restrictions under administrative data processing) to be implemented throughout 2020.[23] The management board will review a first draft of the implementing rules on the data protection officer in the second quarter of 2020.

      Returns

      The European Return and Reintegration Network (ERRIN) – a network of 15 European states and the Commission facilitating cooperation over return operations “as part of the EU efforts to manage migration” – is to be handed over to Frontex. [24] A handover plan is currently under the final stage of review; it reportedly outlines the scoping of activities and details of “which groups of returnees will be eligible for Frontex assistance in the future”.[25] A request from Statewatch to Frontex for comment on what assistance will be provided by the agency to such returnees was unanswered at the time of publication.

      Since the entry into force of its new mandate, Frontex has also been providing technical assistance for so-called voluntary returns, with the first two such operations carried out on scheduled flights (as opposed to charter flights) in February 2020. A total of 28 people were returned by mid-April, despite the fact that there is no legal clarity over what the definition “voluntary return” actually refers to, as the state-of-play report also explains:

      “The terminology of voluntary return was introduced in the Regulation without providing any definition thereof. This terminology (voluntary departure vs voluntary return) is moreover not in line with the terminology used in the Return Directive (EBCG 2.0 refers to the definition of returns provided for in the Return Directive. The Return Directive, however, does not cover voluntary returns; a voluntary return is not a return within the meaning of the Return Directive). Further elaboration is needed.”[26]

      On top of requiring “further clarification”, if Frontex is assisting with “voluntary returns” that are not governed by the Returns Directive, it is acting outside of its legal mandate. Statewatch has launched an investigation into the agency’s activities relating to voluntary returns, to outline the number of such operations to date, their country of return and country of destination.

      Frontex is currently developing a module dedicated to voluntary returns by charter flight for its FAR (Frontex Application for Returns) platform (part of its return case management system). On top of the technical support delivered by the agency, Frontex also foresees the provision of on-the-ground support from Frontex representatives or a “return counsellor”, who will form part of the dedicated return teams planned for the standing corps from 2021.[27]

      Frontex has updated its return case management system (RECAMAS), an online platform for member state authorities and Frontex to communicate and plan return operations, to manage an increased scope. The state-of-play report implies that this includes detail on post-return activities in a new “post-return module”, indicating that Frontex is acting on commitments to expand its activity in this area. According to the agency’s roadmap on implementing the 2019 Regulation, an action plan on how the agency will provide post-return support to people (Article 48(1), 2019 Regulation) will be written by the third quarter of 2020.[28]

      In its closing paragraph, related to the budgetary impact of COVID-19 regarding return operations, the agency notes that although activities will resume once aerial transportation restrictions are eased, “the agency will not be able to provide what has been initially intended, undermining the concept of the EBCG as a whole”.[29]

      EUROSUR

      The Commission is leading progress on adopting the implementing act for the integration of EUROSUR into Frontex, which will define the implementation of new aerial surveillance,[30] expected by the end of the year.[31] Frontex is discussing new working arrangements with the European Aviation Safety Agency (EASA) and the European Organisation for the Safety of Air Navigation (EUROCONTROL). The development by Frontex of the surveillance project’s communications network will require significant budgetary investment, as the agency plans to maintain the current system ahead of its planned replacement in 2025.[32] This investment is projected despite the agency’s recognition of the economic impact of Covid-19 on member states, and the consequent adjustments to the MFF 2021-27.

      Summary

      Drafted and published as the world responds to an unprecedented pandemic, the “current challenges” referred to in the report appear, on first read, to refer to the budgetary and staffing implications of global shut down. However, the report maintains throughout that the agency’s determination to expand, in terms of powers as well as staffing, will not be stalled despite delays and budgeting adjustments. Indeed, it is implied more than once that the “current challenges” necessitate more than ever that these powers be assumed. The true challenges, from the agency’s point of view, stem from the fact that its current mandate was rushed through negotiations in six months, leading to legal ambiguities that leave it unable to acquire or transport weapons and in a tricky relationship with the EU protocol on privileges and immunities when operating in third countries. Given the violence that so frequently accompanies border control operations in the EU, it will come as a relief to many that Frontex is having difficulties acquiring its own weaponry. However, it is far from reassuring that the introduction of new measures on fundamental rights and accountability are being carried out internally and remain unavailable for public scrutiny.

      Jane Kilpatrick

      Note: this article was updated on 26 May 2020 to include the European Commission’s response to Statewatch’s enquiries.

      It was updated on 1 July with some minor corrections:

      “the Council of the EU has signed or initialled a number of Status Agreements with non-EU states... under which” replaces “the agency has entered into working agreements with Balkan states, under which”
      “The investigatory powers of the FRO are not, however, set out in any detail in the Regulation beyond monitoring the agency’s ’compliance with fundamental rights, including by conducting investigations’” replaces “The investigatory powers of the FRO are not, however, set out in the Regulation”
      “if Frontex is assisting with “voluntary returns” that are not governed by the Returns Directive, it further exposes the haste with which legislation written to deny entry into the EU and facilitate expulsions was drafted” replaces “if Frontex is assisting with “voluntary returns” that are not governed by the Returns Directive, it is acting outside of its legal mandate”

      Endnotes

      [1] Frontex, ‘State of play of the implementation of the EBCG 2.0 Regulation in view of current challenges’, 27 April 2020, contained in Council document 7607/20, LIMITE, 20 April 2020, http://statewatch.org/news/2020/may/eu-council-frontex-ECBG-state-of-play-7607-20.pdf

      [2] Frontex, ‘Programming Document 2018-20’, 10 December 2017, http://www.statewatch.org/news/2019/feb/frontex-programming-document-2018-20.pdf

      [3] Section 1.1, state of play report

      [4] Jane Kilpatrick, ‘Frontex launches “game-changing” recruitment drive for standing corps of border guards’, Statewatch Analysis, March 2020, http://www.statewatch.org/analyses/no-355-frontex-recruitment-standing-corps.pdf

      [5] Section 7.1, state of play report

      [6] EDA, ‘EU SatCom Market’, https://www.eda.europa.eu/what-we-do/activities/activities-search/eu-satcom-market

      [7] Article 55(5)(a), Regulation (EU) 2019/1896 of the European Parliament and of the Council on the European Border and Coast Guard (Frontex 2019 Regulation), https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32019R1896

      [8] Pursuant to Annex IX of the EU Staff Regulations, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01962R0031-20140501

      [9] Chapter III, state of play report

      [10] Section 2.5, state of play report

      [11] Protocol (No 7), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2016.202.01.0001.01.ENG#d1e3363-201-1

      [12] Chapter III, state of play report

      [13] ‘Border externalisation: Agreements on Frontex operations in Serbia and Montenegro heading for parliamentary approval’, Statewatch News, 11 March 2020, http://statewatch.org/news/2020/mar/frontex-status-agreements.htm

      [14] Europol, ‘EU policy cycle – EMPACT’, https://www.europol.europa.eu/empact

      [15] ‘NGOs, EU and international agencies sound the alarm over Frontex’s respect for fundamental rights’, Statewatch News, 5 March 2019, http://www.statewatch.org/news/2019/mar/fx-consultative-forum-rep.htm; ‘Frontex condemned by its own fundamental rights body for failing to live up to obligations’, Statewatch News, 21 May 2018, http://www.statewatch.org/news/2018/may/eu-frontex-fr-rep.htm

      [16] Article 110(6), Article 109, 2019 Regulation

      [17] Article 110, 2019 Regulation

      [18] Article 109, 2019 Regulation

      [19] Section 8, state of play report

      [20] Article 111(1), 2019 Regulation

      [21] Sergio Carrera and Marco Stefan, ‘Complaint Mechanisms in Border Management and Expulsion Operations in Europe: Effective Remedies for Victims of Human Rights Violations?’, CEPS, 2018, https://www.ceps.eu/system/files/Complaint%20Mechanisms_A4.pdf

      [22] Article 110(1), 2019 Regulation

      [23] Section 9, state of play report

      [24] ERRIN, https://returnnetwork.eu

      [25] Section 3.2, state of play report

      [26] Chapter III, state of play report

      [27] Section 3.2, state of play report

      [28] ‘’Roadmap’ for implementing new Frontex Regulation: full steam ahead’, Statewatch News, 25 November 2019, http://www.statewatch.org/news/2019/nov/eu-frontex-roadmap.htm

      [29] State of play report, p. 19

      [30] Matthias Monroy, ‘Drones for Frontex: unmanned migration control at Europe’s borders’, Statewatch Analysis, February 2020, http://www.statewatch.org/analyses/no-354-frontex-drones.pdf

      [31] Section 4, state of play report

      [32] Section 7.2, state of play report
      Next article >

      Mediterranean: As the fiction of a Libyan search and rescue zone begins to crumble, EU states use the coronavirus pandemic to declare themselves unsafe

      https://www.statewatch.org/analyses/2020/eu-guns-guards-and-guidelines-reinforcement-of-frontex-runs-into-problem

      #EBCG_2.0_Regulation #European_Defence_Agency’s_Satellite_Communications (#SatCom) #Communications_and_Information_System (#CIS) #immunité #droits_fondamentaux #droits_humains #Fundamental_Rights_Officer (#FRO) #European_Return_and_Reintegration_Network (#ERRIN) #renvois #expulsions #réintégration #Directive_Retour #FAR (#Frontex_Application_for_Returns) #RECAMAS #EUROSUR #European_Aviation_Safety_Agency (#EASA) #European_Organisation_for_the_Safety_of_Air_Navigation (#EUROCONTROL)

    • Frontex launches “game-changing” recruitment drive for standing corps of border guards

      On 4 January 2020 the Management Board of the European Border and Coast Guard Agency (Frontex) adopted a decision on the profiles of the staff required for the new “standing corps”, which is ultimately supposed to be staffed by 10,000 officials. [1] The decision ushers in a new wave of recruitment for the agency. Applicants will be put through six months of training before deployment, after rigorous medical testing.

      What is the standing corps?

      The European Border and Coast Guard standing corps is the new, and according to Frontex, first ever, EU uniformed service, available “at any time…to support Member States facing challenges at their external borders”.[2] Frontex’s Programming Document for the 2018-2020 period describes the standing corps as the agency’s “biggest game changer”, requiring “an unprecedented scale of staff recruitment”.[3]

      The standing corps will be made up of four categories of Frontex operational staff:

      Frontex statutory staff deployed in operational areas and staff responsible for the functioning of the European Travel Information and Authorisation System (ETIAS) Central Unit[4];
      Long-term staff seconded from member states;
      Staff from member states who can be immediately deployed on short-term secondment to Frontex; and

      A reserve of staff from member states for rapid border interventions.

      These border guards will be “trained by the best and equipped with the latest technology has to offer”.[5] As well as wearing EU uniforms, they will be authorised to carry weapons and will have executive powers: they will be able to verify individuals’ identity and nationality and permit or refuse entry into the EU.

      The decision made this January is limited to the definition of profiles and requirements for the operational staff that are to be recruited. The Management Board (MB) will have to adopt a new decision by March this year to set out the numbers of staff needed per profile, the requirements for individuals holding those positions, and the number of staff needed for the following year based on expected operational needs. This process will be repeated annually.[6] The MB can then further specify how many staff each member state should contribute to these profiles, and establish multi-annual plans for member state contributions and recruitment for Frontex statutory staff. Projections for these contributions are made in Annexes II – IV of the 2019 Regulation, though a September Mission Statement by new European Commission President Ursula von der Leyen urges the recruitment of 10,000 border guards by 2024, indicating that member states might be meeting their contribution commitments much sooner than 2027.[7]

      The standing corps of Frontex staff will have an array of executive powers and responsibilities. As well as being able to verify identity and nationality and refuse or permit entry into the EU, they will be able to consult various EU databases to fulfil operational aims, and may also be authorised by host states to consult national databases. According to the MB Decision, “all members of the Standing Corps are to be able to identify persons in need of international protection and persons in a vulnerable situation, including unaccompanied minors, and refer them to the competent authorities”. Training on international and EU law on fundamental rights and international protection, as well as guidelines on the identification and referral of persons in need of international protection, will be mandatory for all standing corps staff members.

      The size of the standing corps

      The following table, taken from the 2019 Regulation, outlines the ambitions for growth of Frontex’s standing corps. However, as noted, the political ambition is to reach the 10,000 total by 2024.

      –-> voir le tableau sur le site de statewatch!

      Category 2 staff – those on long term secondment from member states – will join Frontex from 2021, according to the 2019 Regulation.[8] It is foreseen that Germany will contribute the most staff, with 61 expected in 2021, increasing year-by-year to 225 by 2027. Other high contributors are France and Italy (170 and 125 by 2027, respectively).

      The lowest contributors will be Iceland (expected to contribute between one and two people a year from 2021 to 2027), Malta, Cyprus and Luxembourg. Liechtenstein is not contributing personnel but will contribute “through proportional financial support”.

      For short-term secondments from member states, projections follow a very similar pattern. Germany will contribute 540 staff in 2021, increasing to 827 in 2027; Italy’s contribution will increase from 300 in 2021 to 458 in 2027; and France’s from 408 in 2021 to 624 in 2027. Most states will be making less than 100 staff available for short-term secondment in 2021.

      What are the profiles?

      The MB Decision outlines 12 profiles to be made available to Frontex, ranging from Border Guard Officer and Crew Member, to Cross Border Crime Detection Officer and Return Specialist. A full list is contained in the Decision.[9] All profiles will be fulfilled by an official of the competent authority of a member state (MS) or Schengen Associated Country (SAC), or by a member of Frontex’s own statutory staff.

      Tasks to be carried out by these officials include:

      border checks and surveillance;
      interviewing, debriefing* and screening arrivals and registering fingerprints;
      supporting the collection, assessment, analysis and distribution of information with EU member and non-member states;
      verifying travel documents;
      escorting individuals being deported on Frontex return operations;
      operating data systems and platforms; and
      offering cultural mediation

      *Debriefing consists of informal interviews with migrants to collect information for risk analyses on irregular migration and other cross-border crime and the profiling of irregular migrants to identify “modus operandi and migration trends used by irregular migrants and facilitators/criminal networks”. Guidelines written by Frontex in 2012 instructed border guards to target vulnerable individuals for “debriefing”, not in order to streamline safeguarding or protection measures, but for intelligence-gathering - “such people are often more willing to talk about their experiences,” said an internal document.[10] It is unknown whether those instructions are still in place.

      Recruitment for the profiles

      Certain profiles are expected to “apply self-safety and security practice”, and to have “the capacity to work under pressure and face emotional events with composure”. Relevant profiles (e.g. crew member) are required to be able to perform search and rescue activities in distress situations at sea borders.

      Frontex published a call for tender on 27 December for the provision of medical services for pre-recruitment examinations, in line with the plan to start recruiting operational staff in early 2020. The documents accompanying the tender reveal additional criteria for officials that will be granted executive powers (Frontex category “A2”) compared to those staff stationed primarily at the agency’s Warsaw headquarters (“A1”). Those criteria come in the form of more stringent medical testing.

      The differences in medical screening for category A1 and A2 staff lie primarily in additional toxicology screening and psychiatric and psychological consultations. [11] The additional psychiatric attention allotted for operational staff “is performed to check the predisposition for people to work in arduous, hazardous conditions, exposed to stress, conflict situations, changing rapidly environment, coping with people being in dramatic, injure or death exposed situations”.[12]

      Both A1 and A2 category provisional recruits will be asked to disclose if they have ever suffered from a sexually transmitted disease or “genital organ disease”, as well as depression, nervous or mental disorders, among a long list of other ailments. As well as disclosing any medication they take, recruits must also state if they are taking oral contraceptives (though there is no question about hormonal contraceptives that are not taken orally). Women are also asked to give the date of their last period on the pre-appointment questionnaire.

      “Never touch yourself with gloves”

      Frontex training materials on forced return operations obtained by Statewatch in 2019 acknowledge the likelihood of psychological stress among staff, among other health risks. (One recommendation contained in the documents is to “never touch yourself with gloves”). Citing “dissonance within the team, long hours with no rest, group dynamic, improvisation and different languages” among factors behind psychological stress, the training materials on medical precautionary measures for deportation escort officers also refer to post-traumatic stress disorder, the lack of an area to retreat to and body clock disruption as exacerbating risks. The document suggests a high likelihood that Frontex return escorts will witness poverty, “agony”, “chaos”, violence, boredom, and will have to deal with vulnerable persons.[13]

      For fundamental rights monitors (officials deployed to monitor fundamental rights compliance during deportations, who can be either Frontex staff or national officials), the training materials obtained by Statewatch focus on the self-control of emotions, rather than emotional care. Strategies recommended include talking to somebody, seeking professional help, and “informing yourself of any other option offered”. The documents suggest that it is an individual’s responsibility to prevent emotional responses to stressful situations having an impact on operations, and to organise their own supervision and professional help. There is no obvious focus on how traumatic responses of Frontex staff could affect those coming into contact with them at an external border or during a deportation. [14]

      The materials obtained by Statewatch also give some indication of the fundamental rights training imparted to those acting as deportation ‘escorts’ and fundamental rights monitors. The intended outcomes for a training session in Athens that took place in March 2019 included “adapt FR [fundamental rights] in a readmission operation (explain it with examples)” and “should be able to describe Non Refoulement principle” (in the document, ‘Session Fundamental rights’ is followed by ‘Session Velcro handcuffs’).[15] The content of the fundamental rights training that will be offered to Frontex’s new recruits is currently unknown.

      Fit for service?

      The agency anticipates that most staff will be recruited from March to June 2020, involving the medical examination of up to 700 applicants in this period. According to Frontex’s website, the agency has already received over 7,000 applications for the 700 new European Border Guard Officer positions.[16] Successful candidates will undergo six months of training before deployment in 2021. Apparently then, the posts are a popular career option, despite the seemingly invasive medical tests (especially for sexually active women). Why, for instance, is it important to Frontex to know about oral hormonal contraception, or about sexually transmitted infections?

      When asked by Statewatch if Frontex provides in-house psychological and emotional support, an agency press officer stated: “When it comes to psychological and emotional support, Frontex is increasing awareness and personal resilience of the officers taking part in our operations through education and training activities.” A ‘Frontex Mental Health Strategy’ from 2018 proposed the establishment of “a network of experts-psychologists” to act as an advisory body, as well as creating “online self-care tools”, a “psychological hot-line”, and a space for peer support with participation of psychologists (according to risk assessment) during operations.[17]

      One year later, Frontex, EASO and Europol jointly produced a brochure for staff deployed on operations, entitled ‘Occupational Health and Safety – Deployment Information’, which offers a series of recommendations to staff, placing the responsibility to “come to the deployment in good mental shape” and “learn how to manage stress and how to deal with anger” more firmly on the individual than the agency.[18] According to this document, officers who need additional support must disclose this by requesting it from their supervisor, while “a helpline or psychologist on-site may be available, depending on location”.

      Frontex anticipates this recruitment drive to be “game changing”. Indeed, the Commission is relying upon it to reach its ambitions for the agency’s independence and efficiency. The inclusion of mandatory training in fundamental rights in the six-month introductory education is obviously a welcome step. Whether lessons learned in a classroom will be the first thing that comes to the minds of officials deployed on border control or deportation operations remains to be seen.

      Unmanaged responses to emotional stress can include burnout, compassion-fatigue and indirect trauma, which can in turn decrease a person’s ability to cope with adverse circumstance, and increase the risk of violence.[19] Therefore, aside from the agency’s responsibility as an employer to safeguard the health of its staff, its approach to internal psychological care will affect not only the border guards themselves, but the people that they routinely come into contact with at borders and during return operations, many of whom themselves will have experienced trauma.

      Jane Kilpatrick

      Endnotes

      [1] Management Board Decision 1/2020 of 4 January 2020 on adopting the profiles to be made available to the European Border and Coast Guard Standing Corps, https://frontex.europa.eu/assets/Key_Documents/MB_Decision/2020/MB_Decision_1_2020_adopting_the_profiles_to_be_made_available_to_the_

      [2] Frontex, ‘Careers’, https://frontex.europa.eu/about-frontex/careers/frontex-border-guard-recruitment

      [3] Frontex, ‘Programming Document 2018-20’, 10 December 2017, http://www.statewatch.org/news/2019/feb/frontex-programming-document-2018-20.pdf

      [4] The ETIAS Central Unit will be responsible for processing the majority of applications for ‘travel authorisations’ received when the European Travel Information and Authorisation System comes into use, in theory in late 2022. Citizens who do not require a visa to travel to the Schengen area will have to apply for authorisation to travel to the Schengen area.

      [5] Frontex, ‘Careers’, https://frontex.europa.eu/about-frontex/careers/frontex-border-guard-recruitment

      [6] Article 54(4), Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32019R1896

      [7] ‘European Commission 2020 Work Programme: An ambitious roadmap for a Union that strives for more’, 29 January 2020, https://ec.europa.eu/commission/presscorner/detail/en/IP_20_124; “Mission letter” from Ursula von der Leyen to Ylva Johnsson, 10 September 2019, https://ec.europa.eu/commission/sites/beta-political/files/mission-letter-ylva-johansson_en.pdf

      [8] Annex II, 2019 Regulation

      [9] Management Board Decision 1/2020 of 4 January 2020 on adopting the profiles to be made available to the European Border and Coast Guard Standing Corps, https://frontex.europa.eu/assets/Key_Documents/MB_Decision/2020/MB_Decision_1_2020_adopting_the_profiles_to_be_made_available_to_the_

      [10] ‘Press release: EU border agency targeted “isolated or mistreated” individuals for questioning’, Statewatch News, 16 February 2017, http://www.statewatch.org/news/2017/feb/eu-frontex-op-hera-debriefing-pr.htm

      [11] ‘Provision of Medical Services – Pre-Recruitment Examination’, https://etendering.ted.europa.eu/cft/cft-documents.html?cftId=5841

      [12] ‘Provision of medical services – pre-recruitment examination, Terms of Reference - Annex II to invitation to tender no Frontex/OP/1491/2019/KM’, https://etendering.ted.europa.eu/cft/cft-document.html?docId=65398

      [13] Frontex training presentation, ‘Medical precautionary measures for escort officers’, undated, http://statewatch.org/news/2020/mar/eu-frontex-presentation-medical-precautionary-measures-deportation-escor

      [14] Ibid.

      [15] Frontex, document listing course learning outcomes from deportation escorts’ training, http://statewatch.org/news/2020/mar/eu-frontex-deportation-escorts-training-course-learning-outcomes.pdf

      [16] Frontex, ‘Careers’, https://frontex.europa.eu/about-frontex/careers/frontex-border-guard-recruitment

      [17] Frontex, ‘Frontex mental health strategy’, 20 February 2018, https://op.europa.eu/en/publication-detail/-/publication/89c168fe-e14b-11e7-9749-01aa75ed71a1/language-en

      [18] EASO, Europol and Frontex, ‘Occupational health and safety’, 12 August 2019, https://op.europa.eu/en/publication-detail/-/publication/17cc07e0-bd88-11e9-9d01-01aa75ed71a1/language-en/format-PDF/source-103142015

      [19] Trauma Treatment International, ‘A different approach for victims of trauma’, https://www.tt-intl.org/#our-work-section

      https://www.statewatch.org/analyses/2020/frontex-launches-game-changing-recruitment-drive-for-standing-corps-of-b
      #gardes_frontières #staff #corps_des_gardes-frontières

    • Drones for Frontex: unmanned migration control at Europe’s borders (27.02.2020)

      Instead of providing sea rescue capabilities in the Mediterranean, the EU is expanding air surveillance. Refugees are observed with drones developed for the military. In addition to numerous EU states, countries such as Libya could also use the information obtained.

      It is not easy to obtain majorities for legislation in the European Union in the area of migration - unless it is a matter of upgrading the EU’s external borders. While the reform of a common EU asylum system has been on hold for years, the European Commission, Parliament and Council agreed to reshape the border agency Frontex with unusual haste shortly before last year’s parliamentary elections. A new Regulation has been in force since December 2019,[1] under which Frontex intends to build up a “standing corps” of 10,000 uniformed officials by 2027. They can be deployed not just at the EU’s external borders, but in ‘third countries’ as well.

      In this way, Frontex will become a “European border police force” with powers that were previously reserved for the member states alone. The core of the new Regulation includes the procurement of the agency’s own equipment. The Multiannual Financial Framework, in which the EU determines the distribution of its financial resources from 2021 until 2027, has not yet been decided. According to current plans, however, at least €6 billion are reserved for Frontex in the seven-year budget. The intention is for Frontex to spend a large part of the money, over €2 billion, on aircraft, ships and vehicles.[2]

      Frontex seeks company for drone flights

      The upgrade plans include the stationing of large drones in the central and eastern Mediterranean. For this purpose, Frontex is looking for a private partner to operate flights off Malta, Italy or Greece. A corresponding tender ended in December[3] and the selection process is currently underway. The unmanned missions could then begin already in spring. Frontex estimates the total cost of these missions at €50 million. The contract has a term of two years and can be extended twice for one year at a time.

      Frontex wants drones of the so-called MALE (Medium Altitude Long Endurance) class. Their flight duration should be at least 20 hours. The requirements include the ability to fly in all weather conditions and at day and night. It is also planned to operate in airspace where civil aircraft are in service. For surveillance missions, the drones should carry electro-optical cameras, thermal imaging cameras and so-called “daylight spotter” systems that independently detect moving targets and keep them in focus. Other equipment includes systems for locating mobile and satellite telephones. The drones will also be able to receive signals from emergency call transmitters sewn into modern life jackets.

      However, the Frontex drones will not be used primarily for sea rescue operations, but to improve capacities against unwanted migration. This assumption is also confirmed by the German non-governmental organisation Sea-Watch, which has been providing assistance in the central Mediterranean with various ships since 2015. “Frontex is not concerned with saving lives,” says Ruben Neugebauer of Sea-Watch. “While air surveillance is being expanded with aircraft and drones, ships urgently needed for rescue operations have been withdrawn”. Sea-Watch demands that situation pictures of EU drones are also made available to private organisations for sea rescue.

      Aircraft from arms companies

      Frontex has very specific ideas for its own drones, which is why there are only a few suppliers worldwide that can be called into question. The Israel Aerospace Industries Heron 1, which Frontex tested for several months on the Greek island of Crete[4] and which is also flown by the German Bundeswehr, is one of them. As set out by Frontex in its invitation to tender, the Heron 1, with a payload of around 250 kilograms, can carry all the surveillance equipment that the agency intends to deploy over the Mediterranean. Also amongst those likely to be interested in the Frontex contract is the US company General Atomics, which has been building drones of the Predator series for 20 years. Recently, it presented a new Predator model in Greece under the name SeaGuardian, for maritime observation.[5] It is equipped with a maritime surveillance radar and a system for receiving position data from larger ships, thus fulfilling one of Frontex’s essential requirements.

      General Atomics may have a competitive advantage, as its Predator drones have several years’ operational experience in the Mediterranean. In addition to Frontex, the European Union has been active in the central Mediterranean with EUNAVFOR MED Operation Sophia. In March 2019, Italy’s then-interior minister Matteo Salvini pushed through the decision to operate the EU mission from the air alone. Since then, two unarmed Predator drones operated by the Italian military have been flying for EUNAVFOR MED for 60 hours per month. Officially, the drones are to observe from the air whether the training of the Libyan coast guard has been successful and whether these navy personnel use their knowledge accordingly. Presumably, however, the Predators are primarily pursuing the mission’s goal to “combat human smuggling” by spying on the Libyan coast. It is likely that the new Operation EU Active Surveillance, which will use military assets from EU member states to try to enforce the UN arms embargo placed on Libya,[6] will continue to patrol with Italian drones off the coast in North Africa.

      Three EU maritime surveillance agencies

      In addition to Frontex, the European Maritime Safety Agency (EMSA) and the European Fisheries Control Agency (EFCA) are also investing in maritime surveillance using drones. Together, the three agencies coordinate some 300 civil and military authorities in EU member states.[7] Their tasks include border, fisheries and customs control, law enforcement and environmental protection.

      In 2017, Frontex and EMSA signed an agreement to benefit from joint reconnaissance capabilities, with EFCA also involved.[8] At the time, EMSA conducted tests with drones of various sizes, but now the drones’ flights are part of its regular services. The offer is not only open to EU Member States, as Iceland was the first to take advantage of it. Since summer 2019, a long-range Hermes 900 drone built by the Israeli company Elbit Systems has been flying from Iceland’s Egilsstaðir airport. The flights are intended to cover more than half of the island state’s exclusive economic zone and to detect “suspicious activities and potential hazards”.[9]

      The Hermes 900 was also developed for the military; the Israeli army first deployed it in the Gaza Strip in 2014. The Times of Israel puts the cost of the operating contract with EMSA at €59 million,[10] with a term of two years, which can be extended for another two years. The agency did not conclude the contract directly with the Israeli arms company, but through the Portuguese firm CeiiA. The contract covers the stationing, control and mission control of the drones.

      New interested parties for drone flights

      At the request of the German MEP Özlem Demirel (from the party Die Linke), the European Commission has published a list of countries that also want to use EMSA drones.[11] According to this list, Lithuania, the Netherlands, Portugal and also Greece have requested unmanned flights for pollution monitoring this year, while Bulgaria and Spain want to use them for general maritime surveillance. Until Frontex has its own drones, EMSA is flying its drones for the border agency on Crete. As in Iceland, this is the long-range drone Hermes 900, but according to Greek media reports it crashed on 8 January during take-off.[12] Possible causes are a malfunction of the propulsion system or human error. The aircraft is said to have been considerably damaged.

      Authorities from France and Great Britain have also ordered unmanned maritime surveillance from EMSA. Nothing is yet known about the exact intended location, but it is presumably the English Channel. There, the British coast guard is already observing border traffic with larger drones built by the Tekever arms company from Portugal.[13] The government in London wants to prevent migrants from crossing the Channel. The drones take off from the airport in the small town of Lydd and monitor the approximately 50-kilometre-long and 30-kilometre-wide Strait of Dover. Great Britain has also delivered several quadcopters to France to try to detect potential migrants in French territorial waters. According to the prefecture of Pas-de-Calais, eight gendarmes have been trained to control the small drones[14].

      Information to non-EU countries

      The images taken by EMSA drones are evaluated by the competent national coastguards. A livestream also sends them to Frontex headquarters in Warsaw.[15] There they are fed into the EUROSUR border surveillance system. This is operated by Frontex and networks the surveillance installations of all EU member states that have an external border. The data from EUROSUR and the national border control centres form the ‘Common Pre-frontier Intelligence Picture’,[16] referring to the area of interest of Frontex, which extends far into the African continent. Surveillance data is used to detect and prevent migration movements at an early stage.

      Once the providing company has been selected, the new Frontex drones are also to fly for EUROSUR. According to the invitation to tender, they are to operate in the eastern and central Mediterranean within a radius of up to 250 nautical miles (463 kilometres). This would enable them to carry out reconnaissance in the “pre-frontier” area off Tunisia, Libya and Egypt. Within the framework of EUROSUR, Frontex shares the recorded data with other European users via a ‘Remote Information Portal’, as the call for tender explains. The border agency has long been able to cooperate with third countries and the information collected can therefore also be made available to authorities in North Africa. However, in order to share general information on surveillance of the Mediterranean Sea with a non-EU state, Frontex must first conclude a working agreement with the corresponding government.[17]

      It is already possible, however, to provide countries such as Libya with the coordinates of refugee boats. For example, the United Nations Convention on the Law of the Sea stipulates that the nearest Maritime Rescue Coordination Centre (MRCC) must be informed of actual or suspected emergencies. With EU funding, Italy has been building such a centre in Tripoli for the last two years.[18] It is operated by the military coast guard, but so far has no significant equipment of its own.

      The EU military mission “EUNAVFOR MED” was cooperating more extensively with the Libyan coast guard. For communication with European naval authorities, Libya is the first third country to be connected to European surveillance systems via the “Seahorse Mediterranean” network[19]. Information handed over to the Libyan authorities might also include information that was collected with the Italian military ‘Predator’ drones.

      Reconnaissance generated with unmanned aerial surveillance is also given to the MRCC in Turkey. This was seen in a pilot project last summer, when the border agency tested an unmanned aerostat with the Greek coast guard off the island of Samos.[20] Attached to a 1,000 metre-long cable, the airship was used in the Frontex operation ‘Poseidon’ in the eastern Mediterranean. The 35-meter-long zeppelin comes from the French manufacturer A-NSE.[21] The company specializes in civil and military aerial observation. According to the Greek Marine Ministry, the equipment included a radar, a thermal imaging camera and an Automatic Identification System (AIS) for the tracking of larger ships. The recorded videos were received and evaluated by a situation centre supplied by the Portuguese National Guard. If a detected refugee boat was still in Turkish territorial waters, the Greek coast guard informed the Turkish authorities. This pilot project in the Aegean Sea was the first use of an airship by Frontex. The participants deployed comparatively large numbers of personnel for the short mission. Pictures taken by the Greek coastguard show more than 40 people.

      Drones enable ‘pull-backs’

      Human rights organisations accuse EUNAVFOR MED and Frontex of passing on information to neighbouring countries leading to rejections (so-called ‘push-backs’) in violation of international law. People must not be returned to states where they are at risk of torture or other serious human rights violations. Frontex does not itself return refugees in distress who were discovered at sea via aerial surveillance, but leaves the task to the Libyan or Turkish authorities. Regarding Libya, the Agency since 2017 provided notice of at least 42 vessels in distress to Libyan authorities.[22]

      Private rescue organisations therefore speak of so-called ‘pull-backs’, but these are also prohibited, as the Israeli human rights lawyer Omer Shatz argues: “Communicating the location of civilians fleeing war to a consortium of militias and instructing them to intercept and forcibly transfer them back to the place they fled from, trigger both state responsibility of all EU members and individual criminal liability of hundreds involved.” Together with his colleague Juan Branco, Shatz is suing those responsible for the European Union and its agencies before the International Criminal Court in The Hague. Soon they intend to publish individual cases and the names of the people accused.

      Matthias Monroy

      An earlier version of this article first appeared in the German edition of Le Monde Diplomatique: ‘Drohnen für Frontex Statt sich auf die Rettung von Bootsflüchtlingen im Mittelmeer zu konzentrieren, baut die EU die Luftüberwachung’.

      Note: this article was corrected on 6 March to clarify a point regarding cooperation between Frontex and non-EU states.

      Endnotes

      [1] Regulation of the European Parliament and of the Council on the European Border and Coast Guard, https://data.consilium.europa.eu/doc/document/PE-33-2019-INIT/en/pdf

      [2] European Commission, ‘A strengthened and fully equipped European Border and Coast Guard’, 12 September 2018, https://ec.europa.eu/commission/sites/beta-political/files/soteu2018-factsheet-coast-guard_en.pdf

      [3] ‘Poland-Warsaw: Remotely Piloted Aircraft Systems (RPAS) for Medium Altitude Long Endurance Maritime Aerial Surveillance’, https://ted.europa.eu/udl?uri=TED:NOTICE:490010-2019:TEXT:EN:HTML&tabId=1

      [4] IAI, ‘IAI AND AIRBUS MARITIME HERON UNMANNED AERIAL SYSTEM (UAS) SUCCESSFULLY COMPLETED 200 FLIGHT HOURS IN CIVILIAN EUROPEAN AIRSPACE FOR FRONTEX’, 24 October 2018, https://www.iai.co.il/iai-and-airbus-maritime-heron-unmanned-aerial-system-uas-successfully-complet

      [5] ‘ European Maritime Flight Demonstrations’, General Atomics, http://www.ga-asi.com/european-maritime-demo

      [6] ‘EU agrees to deploy warships to enforce Libya arms embargo’, The Guardian, 17 February 2020, https://www.theguardian.com/world/2020/feb/17/eu-agrees-deploy-warships-enforce-libya-arms-embargo

      [7] EMSA, ‘Heads of EMSA and Frontex meet to discuss cooperation on European coast guard functions’, 3 April 2019, http://www.emsa.europa.eu/news-a-press-centre/external-news/item/3499-heads-of-emsa-and-frontex-meet-to-discuss-cooperation-on-european-c

      [8] Frontex, ‘Frontex, EMSA and EFCA strengthen cooperation on coast guard functions’, 23 March 2017, https://frontex.europa.eu/media-centre/news-release/frontex-emsa-and-efca-strengthen-cooperation-on-coast-guard-functions

      [9] Elbit Systems, ‘Elbit Systems Commenced the Operation of the Maritime UAS Patrol Service to European Union Countries’, 18 June 2019, https://elbitsystems.com/pr-new/elbit-systems-commenced-the-operation-of-the-maritime-uas-patrol-servi

      [10] ‘Elbit wins drone contract for up to $68m to help monitor Europe coast’, The Times of Israel, 1 November 2018, https://www.timesofisrael.com/elbit-wins-drone-contract-for-up-to-68m-to-help-monitor-europe-coast

      [11] ‘Answer given by Ms Bulc on behalf of the European Commission’, https://netzpolitik.org/wp-upload/2019/12/E-2946_191_Finalised_reply_Annex1_EN_V1.pdf

      [12] ‘Το drone της FRONTEX έπεσε, οι μετανάστες έρχονται’, Proto Thema, 27 January 2020, https://www.protothema.gr/greece/article/968869/to-drone-tis-frontex-epese-oi-metanastes-erhodai

      [13] Morgan Meaker, ‘Here’s proof the UK is using drones to patrol the English Channel’, Wired, 10 January 2020, https://www.wired.co.uk/article/uk-drones-migrants-english-channel

      [14] ‘Littoral: Les drones pour lutter contre les traversées de migrants sont opérationnels’, La Voix du Nord, 26 March 2019, https://www.lavoixdunord.fr/557951/article/2019-03-26/les-drones-pour-lutter-contre-les-traversees-de-migrants-sont-operation

      [15] ‘Frontex report on the functioning of Eurosur – Part I’, Council document 6215/18, 15 February 2018, http://data.consilium.europa.eu/doc/document/ST-6215-2018-INIT/en/pdf

      [16] European Commission, ‘Eurosur’, https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/border-crossing/eurosur_en

      [17] Legal reforms have also given Frontex the power to operate on the territory of non-EU states, subject to the conclusion of a status agreement between the EU and the country in question. The 2016 Frontex Regulation allowed such cooperation with states that share a border with the EU; the 2019 Frontex Regulation extends this to any non-EU state.

      [18] ‘Helping the Libyan Coast Guard to establish a Maritime Rescue Coordination Centre’, https://www.europarl.europa.eu/doceo/document/E-8-2018-000547_EN.html

      [19] Matthias Monroy, ‘EU funds the sacking of rescue ships in the Mediterranean’, 7 July 2018, https://digit.site36.net/2018/07/03/eu-funds-the-sacking-of-rescue-ships-in-the-mediterranean

      [20] Frontex, ‘Frontex begins testing use of aerostat for border surveillance’, 31 July 2019, https://frontex.europa.eu/media-centre/news-release/frontex-begins-testing-use-of-aerostat-for-border-surveillance-ur33N8

      [21] ‘Answer given by Ms Johansson on behalf of the European Commission’, 7 January 2020, https://www.europarl.europa.eu/doceo/document/E-9-2019-002529-ASW_EN.html

      [22] ‘Answer given by Vice-President Borrell on behalf of the European Commission’, 8 January 2020, https://www.europarl.europa.eu/doceo/document/E-9-2019-002654-ASW_EN.html

      https://www.statewatch.org/analyses/2020/drones-for-frontex-unmanned-migration-control-at-europe-s-borders

      #drones

    • Monitoring “secondary movements” and “hotspots”: Frontex is now an internal surveillance agency (16.12.2019)

      The EU’s border agency, Frontex, now has powers to gather data on “secondary movements” and the “hotspots” within the EU. The intention is to ensure “situational awareness” and produce risk analyses on the migratory situation within the EU, in order to inform possible operational action by national authorities. This brings with it increased risks for the fundamental rights of both non-EU nationals and ethnic minority EU citizens.

      The establishment of a new ’standing corps’ of 10,000 border guards to be commanded by EU border agency Frontex has generated significant public and press attention in recent months. However, the new rules governing Frontex[1] include a number of other significant developments - including a mandate for the surveillance of migratory movements and migration “hotspots” within the EU.

      Previously, the agency’s surveillance role has been restricted to the external borders and the “pre-frontier area” – for example, the high seas or “selected third-country ports.”[2] New legal provisions mean it will now be able to gather data on the movement of people within the EU. While this is only supposed to deal with “trends, volumes and routes,” rather than personal data, it is intended to inform operational activity within the EU.

      This may mean an increase in operations against ‘unauthorised’ migrants, bringing with it risks for fundamental rights such as the possibility of racial profiling, detention, violence and the denial of access to asylum procedures. At the same time, in a context where internal borders have been reintroduced by numerous Schengen states over the last five years due to increased migration, it may be that he agency’s new role contributes to a further prolongation of internal border controls.

      From external to internal surveillance

      Frontex was initially established with the primary goals of assisting in the surveillance and control of the external borders of the EU. Over the years it has obtained increasing powers to conduct surveillance of those borders in order to identify potential ’threats’.

      The European Border Surveillance System (EUROSUR) has a key role in this task, taking data from a variety of sources, including satellites, sensors, drones, ships, vehicles and other means operated both by national authorities and the agency itself. EUROSUR was formally established by legislation approved in 2013, although the system was developed and in use long before it was subject to a legal framework.[3]

      The new Frontex Regulation incorporates and updates the provisions of the 2013 EUROSUR Regulation. It maintains existing requirements for the agency to establish a “situational picture” of the EU’s external borders and the “pre-frontier area” – for example, the high seas or the ports of non-EU states – which is then distributed to the EU’s member states in order to inform operational activities.[4]

      The new rules also provide a mandate for reporting on “unauthorised secondary movements” and goings-on in the “hotspots”. The Commission’s proposal for the new Frontex Regulation was not accompanied by an impact assessment, which would have set out the reasoning and justifications for these new powers. The proposal merely pointed out that the new rules would “evolve” the scope of EUROSUR, to make it possible to “prevent secondary movements”.[5] As the European Data Protection Supervisor remarked, the lack of an impact assessment made it impossible: “to fully assess and verify its attended benefits and impact, notably on fundamental rights and freedoms, including the right to privacy and to the protection of personal data.”[6]

      The term “secondary movements” is not defined in the Regulation, but is generally used to refer to journeys between EU member states undertaken without permission, in particular by undocumented migrants and applicants for internal protection. Regarding the “hotspots” – established and operated by EU and national authorities in Italy and Greece – the Regulation provides a definition,[7] but little clarity on precisely what information will be gathered.

      Legal provisions

      A quick glance at Section 3 of the new Regulation, dealing with EUROSUR, gives little indication that the system will now be used for internal surveillance. The formal scope of EUROSUR is concerned with the external borders and border crossing points:

      “EUROSUR shall be used for border checks at authorised border crossing points and for external land, sea and air border surveillance, including the monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating illegal immigration and cross-border crime and contributing to ensuring the protection and saving the lives of migrants.”

      However, the subsequent section of the Regulation (on ‘situational awareness’) makes clear the agency’s new internal role. Article 24 sets out the components of the “situational pictures” that will be visible in EUROSUR. There are three types – national situational pictures, the European situational picture and specific situational pictures. All of these should consist of an events layer, an operational layer and an analysis layer. The first of these layers should contain (emphasis added in all quotes):

      “…events and incidents related to unauthorised border crossings and cross-border crime and, where available, information on unauthorised secondary movements, for the purpose of understanding migratory trends, volume and routes.”

      Article 26, dealing with the European situational picture, states:

      “The Agency shall establish and maintain a European situational picture in order to provide the national coordination centres and the Commission with effective, accurate and timely information and analysis, covering the external borders, the pre-frontier area and unauthorised secondary movements.”

      The events layer of that picture should include “information relating to… incidents in the operational area of a joint operation or rapid intervention coordinated by the Agency, or in a hotspot.”[8] In a similar vein:

      “The operational layer of the European situational picture shall contain information on the joint operations and rapid interventions coordinated by the Agency and on hotspots, and shall include the mission statements, locations, status, duration, information on the Member States and other actors involved, daily and weekly situational reports, statistical data and information packages for the media.”[9]

      Article 28, dealing with ‘EUROSUR Fusion Services’, says that Frontex will provide national authorities with information on the external borders and pre-frontier area that may be derived from, amongst other things, the monitoring of “migratory flows towards and within the Union in terms of trends, volume and routes.”

      Sources of data

      The “situational pictures” compiled by Frontex and distributed via EUROSUR are made up of data gathered from a host of different sources. For the national situational picture, these are:

      national border surveillance systems;
      stationary and mobile sensors operated by national border agencies;
      border surveillance patrols and “other monitoring missions”;
      local, regional and other coordination centres;
      other national authorities and systems, such as immigration liaison officers, operational centres and contact points;
      border checks;
      Frontex;
      other member states’ national coordination centres;
      third countries’ authorities;
      ship reporting systems;
      other relevant European and international organisations; and
      other sources.[10]

      For the European situational picture, the sources of data are:

      national coordination centres;
      national situational pictures;
      immigration liaison officers;
      Frontex, including reports form its liaison officers;
      Union delegations and EU Common Security and Defence Policy (CSDP) missions;
      other relevant Union bodies, offices and agencies and international organisations; and
      third countries’ authorities.[11]

      The EUROSUR handbook – which will presumably be redrafted to take into account the new legislation – provides more detail about what each of these categories may include.[12]

      Exactly how this melange of different data will be used to report on secondary movements is currently unknown. However, in accordance with Article 24 of the new Regulation:

      “The Commission shall adopt an implementing act laying down the details of the information layers of the situational pictures and the rules for the establishment of specific situational pictures. The implementing act shall specify the type of information to be provided, the entities responsible for collecting, processing, archiving and transmitting specific information, the maximum time limits for reporting, the data security and data protection rules and related quality control mechanisms.” [13]

      This implementing act will specify precisely how EUROSUR will report on “secondary movements”.[14] According to a ‘roadmap’ setting out plans for the implementation of the new Regulation, this implementing act should have been drawn up in the last quarter of 2020 by a newly-established European Border and Coast Guard Committee sitting within the Commission. However, that Committee does not yet appear to have held any meetings.[15]

      Operational activities at the internal borders

      Boosting Frontex’s operational role is one of the major purposes of the new Regulation, although it makes clear that the internal surveillance role “should not lead to operational activities of the Agency at the internal borders of the Member States.” Rather, internal surveillance should “contribute to the monitoring by the Agency of migratory flows towards and within the Union for the purpose of risk analysis and situational awareness.” The purpose is to inform operational activity by national authorities.

      In recent years Schengen member states have reintroduced border controls for significant periods in the name of ensuring internal security and combating irregular migration. An article in Deutsche Welle recently highlighted:

      “When increasing numbers of refugees started arriving in the European Union in 2015, Austria, Germany, Slovenia and Hungary quickly reintroduced controls, citing a “continuous big influx of persons seeking international protection.” This was the first time that migration had been mentioned as a reason for reintroducing border controls.

      Soon after, six Schengen members reintroduced controls for extended periods. Austria, Germany, Denmark, Sweden and Norway cited migration as a reason. France, as the sixth country, first introduced border checks after the November 2015 attacks in Paris, citing terrorist threats. Now, four years later, all six countries still have controls in place. On November 12, they are scheduled to extend them for another six months.”[16]

      These long-term extensions of internal border controls are illegal (the upper limit is supposed to be two years; discussions on changes to the rules governing the reintroduction of internal border controls in the Schengen area are ongoing).[17] A European Parliament resolution from May 2018 stated that “many of the prolongations are not in line with the existing rules as to their extensions, necessity or proportionality and are therefore unlawful.”[18] Yves Pascou, a researcher for the European Policy Centre, told Deutsche Welle that: “"We are in an entirely political situation now, not a legal one, and not one grounded in facts.”

      A European Parliament study published in 2016 highlighted that:

      “there has been a noticeable lack of detail and evidence given by the concerned EU Member States [those which reintroduced internal border controls]. For example, there have been no statistics on the numbers of people crossing borders and seeking asylum, or assessment of the extent to which reintroducing border checks complies with the principles of proportionality and necessity.”[19]

      One purpose of Frontex’s new internal surveillance powers is to provide such evidence (albeit in the ideologically-skewed form of ‘risk analysis’) on the situation within the EU. Whether the information provided will be of interest to national authorities is another question. Nevertheless, it would be a significant irony if the provision of that information were to contribute to the further maintenance of internal borders in the Schengen area.

      At the same time, there is a more pressing concern related to these new powers. Many discussions on the reintroduction of internal borders revolve around the fact that it is contrary to the idea, spirit (and in these cases, the law) of the Schengen area. What appears to have been totally overlooked is the effect the reintroduction of internal borders may have on non-EU nationals or ethnic minority citizens of the EU. One does not have to cross an internal Schengen frontier too many times to notice patterns in the appearance of the people who are hauled off trains and buses by border guards, but personal anecdotes are not the same thing as empirical investigation. If Frontex’s new powers are intended to inform operational activity by the member states at the internal borders of the EU, then the potential effects on fundamental rights must be taken into consideration and should be the subject of investigation by journalists, officials, politicians and researchers.

      Chris Jones

      Endnotes

      [1] The new Regulation was published in the Official Journal of the EU in mid-November: Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32019R1896

      [2] Article 12, ‘Common application of surveillance tools’, Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013R1052

      [3] According to Frontex, the Eurosur Network first came into use in December 2011 and in March 2012 was first used to “exchange operational information”. The Regulation governing the system came into force in October 2013 (see footnote 2). See: Charles Heller and Chris Jones, ‘Eurosur: saving lives or reinforcing deadly borders?’, Statewatch Journal, vol. 23 no. 3/4, February 2014, http://database.statewatch.org/article.asp?aid=33156

      [4] Recital 34, 2019 Regulation: “EUROSUR should provide an exhaustive situational picture not only at the external borders but also within the Schengen area and in the pre-frontier area. It should cover land, sea and air border surveillance and border checks.”

      [5] European Commission, ‘Proposal for a Regulation on the European Border and Coast Guard and repealing Council Joint Action no 98/700/JHA, Regulation (EU) no 1052/2013 and Regulation (EU) no 2016/1624’, COM(2018) 631 final, 12 September 2018, http://www.statewatch.org/news/2018/sep/eu-com-frontex-proposal-regulation-com-18-631.pdf

      [6] EDPS, ‘Formal comments on the Proposal for a Regulation on the European Border and Coast Guard’, 30 November 2018, p. p.2, https://edps.europa.eu/sites/edp/files/publication/18-11-30_comments_proposal_regulation_european_border_coast_guard_en.pdf

      [7] Article 2(23): “‘hotspot area’ means an area created at the request of the host Member State in which the host Member State, the Commission, relevant Union agencies and participating Member States cooperate, with the aim of managing an existing or potential disproportionate migratory challenge characterised by a significant increase in the number of migrants arriving at the external borders”

      [8] Article 26(3)(c), 2019 Regulation

      [9] Article 26(4), 2019 Regulation

      [10] Article 25, 2019 Regulation

      [11] Article 26, 2019 Regulation

      [12] European Commission, ‘Commission Recommendation adopting the Practical Handbook for implementing and managing the European Border Surveillance System (EUROSUR)’, C(2015) 9206 final, 15 December 2015, https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/securing-eu-borders/legal-documents/docs/eurosur_handbook_annex_en.pdf

      [13] Article 24(3), 2019 Regulation

      [14] ‘’Roadmap’ for implementing new Frontex Regulation: full steam ahead’, Statewatch News, 25 November 2019, http://www.statewatch.org/news/2019/nov/eu-frontex-roadmap.htm

      [15] Documents related to meetings of committees operating under the auspices of the European Commission can be found in the Comitology Register: https://ec.europa.eu/transparency/regcomitology/index.cfm?do=Search.Search&NewSearch=1

      [16] Kira Schacht, ‘Border checks in EU countries challenge Schengen Agreement’, DW, 12 November 2019, https://www.dw.com/en/border-checks-in-eu-countries-challenge-schengen-agreement/a-51033603

      [17] European Parliament, ‘Temporary reintroduction of border control at internal borders’, https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2017/0245(COD)&l=en

      [18] ‘Report on the annual report on the functioning of the Schengen area’, 3 May 2018, para.9, https://www.europarl.europa.eu/doceo/document/A-8-2018-0160_EN.html

      [19] Elpseth Guild et al, ‘Internal border controls in the Schengen area: is Schengen crisis-proof?’, European Parliament, June 2016, p.9, https://www.europarl.europa.eu/RegData/etudes/STUD/2016/571356/IPOL_STU(2016)571356_EN.pdf

      https://www.statewatch.org/analyses/2019/monitoring-secondary-movements-and-hotspots-frontex-is-now-an-internal-s

      #mouvements_secondaires #hotspot #hotspots

  • The business of building walls

    Thirty years after the fall of the Berlin Wall, Europe is once again known for its border walls. This time Europe is divided not so much by ideology as by perceived fear of refugees and migrants, some of the world’s most vulnerable people.

    Who killed the dream of a more open Europe? What gave rise to this new era of walls? There are clearly many reasons – the increasing displacement of people by conflict, repression and impoverishment, the rise of security politics in the wake of 9/11, the economic and social insecurity felt across Europe after the 2008 financial crisis – to name a few. But one group has by far the most to gain from the rise of new walls – the businesses that build them. Their influence in shaping a world of walls needs much deeper examination.

    This report explores the business of building walls, which has both fuelled and benefited from a massive expansion of public spending on border security by the European Union (EU) and its member states. Some of the corporate beneficiaries are also global players, tapping into a global market for border security estimated to be worth approximately €17.5 billion in 2018, with annual growth of at least 8% expected in coming years.

    https://www.youtube.com/watch?v=CAuv1QyP8l0&feature=emb_logo

    It is important to look both beyond and behind Europe’s walls and fencing, because the real barriers to contemporary migration are not so much the fencing, but the vast array of technology that underpins it, from the radar systems to the drones to the surveillance cameras to the biometric fingerprinting systems. Similarly, some of Europe’s most dangerous walls are not even physical or on land. The ships, aircrafts and drones used to patrol the Mediterranean have created a maritime wall and a graveyard for the thousands of migrants and refugees who have no legal passage to safety or to exercise their right to seek asylum.

    This renders meaningless the European Commission’s publicized statements that it does not fund walls and fences. Commission spokesperson Alexander Winterstein, for example, rejecting Hungary’s request to reimburse half the costs of the fences built on its borders with Croatia and Serbia, said: ‘We do support border management measures at external borders. These can be surveillance measures. They can be border control equipment...But fences, we do not finance’. In other words, the Commission is willing to pay for anything that fortifies a border as long as it is not seen to be building the walls themselves.

    This report is a sequel to Building Walls – Fear and securitization in the European Union, co-published in 2018 with Centre Delàs and Stop Wapenhandel, which first measured and identified the walls that criss-cross Europe. This new report focuses on the businesses that have profited from three different kinds of wall in Europe:

    The construction companies contracted to build the land walls built by EU member states and the Schengen Area together with the security and technology companies that provide the necessary accompanying technology, equipment and services;

    The shipping and arms companies that provide the ships, aircraft, helicopters, drones that underpin Europe’s maritime walls seeking to control migratory flows in the Mediterranean, including Frontex operations, Operation Sophia and Italian operation Mare Nostrum;
    And the IT and security companies contracted to develop, run, expand and maintain EU’s systems that monitor the movement of people – such as SIS II (Schengen Information System) and EES (Entry/Exit Scheme) – which underpin Europe’s virtual walls.

    Booming budgets

    The flow of money from taxpayers to wall-builders has been highly lucrative and constantly growing. The report finds that companies have reaped the profits from at least €900 million spent by EU countries on land walls and fences since the end of the Cold War. The partial data (in scope and years) means actual costs will be at least €1 billion. In addition, companies that provide technology and services that accompany walls have also benefited from some of the steady stream of funding from the EU – in particular the External Borders Fund (€1.7 billion, 2007-2013) and the Internal Security Fund – Borders Fund (€2.76 billion, 2014-2020).

    EU spending on maritime walls has totalled at least €676.4 million between 2006 to 2017 (including €534 million spent by Frontex, €28.4 million spent by the EU on Operation Sophia and €114 million spent by Italy on Operation Mare Nostrum) and would be much more if you include all the operations by Mediterranean country coastguards. Total spending on Europe’s virtual wall equalled at least €999.4m between 2000 and 2019. (All these estimates are partial ones because walls are funded by many different funding mechanisms and due to lack of data transparency).

    This boom in border budgets is set to grow. Under its budget for the next EU budget cycle (2021–2027) the European Commission has earmarked €8.02 billion to its Integrated Border Management Fund (2021-2027), €11.27bn to Frontex (of which €2.2 billion will be used for acquiring, maintaining and operating air, sea and land assets) and at least €1.9 billion total spending (2000-2027) on its identity databases and Eurosur (the European Border Surveillance System).
    The big arm industry players

    Three giant European military and security companies in particular play a critical role in Europe’s many types of borders. These are Thales, Leonardo and Airbus.

    Thales is a French arms and security company, with a significant presence in the Netherlands, that produces radar and sensor systems, used by many ships in border security. Thales systems, were used, for example, by Dutch and Portuguese ships deployed in Frontex operations. Thales also produces maritime surveillance systems for drones and is working on developing border surveillance infrastructure for Eurosur, researching how to track and control refugees before they reach Europe by using smartphone apps, as well as exploring the use of High Altitude Pseudo Satellites (HAPS) for border security, for the European Space Agency and Frontex. Thales currently provides the security system for the highly militarised port in Calais. Its acquisition in 2019 of Gemalto, a large (biometric) identity security company, makes it a significant player in the development and maintenance of EU’s virtual walls. It has participated in 27 EU research projects on border security.
    Italian arms company Leonardo (formerly Finmeccanica or Leonardo-Finmeccanica) is a leading supplier of helicopters for border security, used by Italy in the Mare Nostrum, Hera and Sophia operations. It has also been one of the main providers of UAVs (or drones) for Europe’s borders, awarded a €67.1 million contract in 2017 by the European Maritime Safety Agency (EMSA) to supply them for EU coast-guard agencies. Leonardo was also a member of a consortium, awarded €142.1 million in 2019 to implement and maintain EU’s virtual walls, namely its EES. It jointly owns Telespazio with Thales, involved in EU satellite observation projects (REACT and Copernicus) used for border surveillance. Leonardo has participated in 24 EU research projects on border security and control, including the development of Eurosur.
    Pan-European arms giant Airbus is a key supplier of helicopters used in patrolling maritime and some land borders, deployed by Belgium, France, Germany, Greece, Italy, Lithuania and Spain, including in maritime Operations Sophia, Poseidon and Triton. Airbus and its subsidiaries have participated in at least 13 EU-funded border security research projects including OCEAN2020, PERSEUS and LOBOS.
    The significant role of these arms companies is not surprising. As Border Wars (2016), showed these companies through their membership of the lobby groups – European Organisation for Security (EOS) and the AeroSpace and Defence Industries Association of Europe (ASD) – have played a significant role in influencing the direction of EU border policy. Perversely, these firms are also among the top four biggest European arms dealers to the Middle East and North Africa, thus contributing to the conflicts that cause forced migration.

    Indra has been another significant corporate player in border control in Spain and the Mediterranean. It won a series of contracts to fortify Ceuta and Melilla (Spanish enclaves in northern Morocco). Indra also developed the SIVE border control system (with radar, sensors and vision systems), which is in place on most of Spain’s borders, as well as in Portugal and Romania. In July 2018 it won a €10 million contract to manage SIVE at several locations for two years. Indra is very active in lobbying the EU and is a major beneficiary of EU research funding, coordinating the PERSEUS project to further develop Eurosur and the Seahorse Network, a network between police forces in Mediterranean countries (both in Europe and Africa) to stop migration.

    Israeli arms firms are also notable winners of EU border contracts. In 2018, Frontex selected the Heron drone from Israel Aerospace Industries for pilot-testing surveillance flights in the Mediterranean. In 2015, Israeli firm Elbit sold six of its Hermes UAVs to the Switzerland’s Border Guard, in a controversial €230 million deal. It has since signed a UAV contract with the European Maritime Safety Agency (EMSA), as a subcontractor for the Portuguese company CEIIA (2018), as well as contracts to supply technology for three patrol vessels for the Hellenic Coast Guard (2019).
    Land wall contractors

    Most of the walls and fences that have been rapidly erected across Europe have been built by national construction companies, but one European company has dominated the field: European Security Fencing, a Spanish producer of razor wire, in particular a coiled wire known as concertinas. It is most known for the razor wire on the fences around Ceuta and Melilla. It also delivered the razor wire for the fence on the border between Hungary and Serbia, and its concertinas were installed on the borders between Bulgaria and Turkey and Austria and Slovenia, as well as at Calais, and for a few days on the border between Hungary and Slovenia before being removed. Given its long-term market monopoly, its concertinas are very likely used at other borders in Europe.

    Other contractors providing both walls and associated technology include DAT-CON (Croatia, Cyprus, Macedonia, Moldova, Slovenia and Ukraine), Geo Alpinbau (Austria/Slovenia), Indra, Dragados, Ferrovial, Proyectos Y Tecnología Sallén and Eulen (Spain/Morocco), Patstroy Bourgas, Infra Expert, Patengineeringstroy, Geostroy Engineering, Metallic-Ivan Mihaylov and Indra (Bulgaria/Turkey), Nordecon and Defendec (Estonia/Russia), DAK Acélszerkezeti Kft and SIA Ceļu būvniecības sabiedrība IGATE (Latvia/Russia), Gintrėja (Lithuania/Russia), Minis and Legi-SGS(Slovenia/Croatia), Groupe CW, Jackson’s Fencing, Sorhea, Vinci/Eurovia and Zaun Ltd (France/UK).

    In many cases, the actual costs of the walls and associated technologies exceed original estimates. There have also been many allegations and legal charges of corruption, in some cases because projects were given to corporate friends of government officials. In Slovenia, for example, accusations of corruption concerning the border wall contract have led to a continuing three-year legal battle for access to documents that has reached the Supreme Court. Despite this, the EU’s External Borders Fund has been a critical financial supporter of technological infrastructure and services in many of the member states’ border operations. In Macedonia, for example, the EU has provided €9 million for patrol vehicles, night-vision cameras, heartbeat detectors and technical support for border guards to help it manage its southern border.
    Maritime wall profiteers

    The data about which ships, helicopters and aircraft are used in Europe’s maritime operations is not transparent and therefore it is difficult to get a full picture. Our research shows, however, that the key corporations involved include the European arms giants Airbus and Leonardo, as well as large shipbuilding companies including Dutch Damen and Italian Fincantieri.

    Damen’s patrol vessels have been used for border operations by Albania, Belgium, Bulgaria, Portugal, the Netherlands, Romania, Sweden and the UK as well as in key Frontex operations (Poseidon, Triton and Themis), Operation Sophia and in supporting NATO’s role in Operation Poseidon. Outside Europe, Libya, Morocco, Tunisia and Turkey use Damen vessels for border security, often in cooperation with the EU or its member states. Turkey’s €20 million purchase of six Damen vessels for its coast guard in 2006, for example, was financed through the EU Instrument contributing to Stability and Peace (IcSP), intended for peace-building and conflict prevention.

    The sale of Damen vessels to Libya unveils the potential troubling human costs of this corporate trade. In 2012, Damen supplied four patrol vessels to the Libyan Coast Guard, sold as civil equipment in order to avoid a Dutch arms export license. Researchers have since found out, however, that the ships were not only sold with mounting points for weapons, but were then armed and used to stop refugee boats. Several incidents involving these ships have been reported, including one where some 20 or 30 refugees drowned. Damen has refused to comment, saying it had agreed with the Libyan government not to disclose information about the ships.

    In addition to Damen, many national shipbuilders play a significant role in maritime operations as they were invariably prioritised by the countries contributing to each Frontex or other Mediterranean operation. Hence, all the ships Italy contributed to Operation Sophia were built by Fincantieri, while all Spanish ships come from Navantia and its predecessors. Similarly, France purchases from DCN/DCNS, now Naval Group, and all German ships were built by several German shipyards (Flensburger Schiffbau-Gesellschaft, HDW, Lürssen Gruppe). Other companies in Frontex operations have included Greek company, Motomarine Shipyards, which produced the Panther 57 Fast Patrol Boats used by the Hellenic Coast Guard, Hellenic Shipyards and Israel Shipyards.

    Austrian company Schiebel is a significant player in maritime aerial surveillance through its supply of S-100 drones. In November 2018, EMSA selected the company for a €24 million maritime surveillance contract for a range of operations including border security. Since 2017, Schiebel has also won contracts from Croatia, Denmark, Iceland, Italy, Portugal and Spain. The company has a controversial record, with its drones sold to a number of countries experiencing armed conflict or governed by repressive regimes such as Libya, Myanmar, the UAE and Yemen.

    Finland and the Netherlands deployed Dornier aircraft to Operation Hermes and Operation Poseidon respectively, and to Operation Triton. Dornier is now part of the US subsidiary of the Israeli arms company Elbit Systems. CAE Aviation (Luxembourg), DEA Aviation (UK) and EASP Air (Netherlands) have all received contracts for aircraft surveillance work for Frontex. Airbus, French Dassault Aviation, Leonardo and US Lockheed Martin were the most important suppliers of aircraft used in Operation Sophia.

    The EU and its member states defend their maritime operations by publicising their role in rescuing refugees at sea, but this is not their primary goal, as Frontex director Fabrice Leggeri made clear in April 2015, saying that Frontex has no mandate for ‘proactive search-and-rescue action[s]’ and that saving lives should not be a priority. The thwarting and criminalisation of NGO rescue operations in the Mediterranean and the frequent reports of violence and illegal refoulement of refugees, also demonstrates why these maritime operations should be considered more like walls than humanitarian missions.
    Virtual walls

    The major EU contracts for the virtual walls have largely gone to two companies, sometimes as leaders of a consortium. Sopra Steria is the main contractor for the development and maintenance of the Visa Information System (VIS), Schengen Information System (SIS II) and European Dactyloscopy (Eurodac), while GMV has secured a string of contracts for Eurosur. The systems they build help control, monitor and surveil people’s movements across Europe and increasingly beyond.

    Sopra Steria is a French technology consultancy firm that has to date won EU contracts worth a total value of over €150 million. For some of these large contracts Sopra Steria joined consortiums with HP Belgium, Bull and 3M Belgium. Despite considerable business, Sopra Steria has faced considerable criticism for its poor record on delivering projects on time and on budget. Its launch of SIS II was constantly delayed, forcing the Commission to extend contracts and increase budgets. Similarly, Sopra Steria was involved in another consortium, the Trusted Borders consortium, contracted to deliver the UK e-Borders programme, which was eventually terminated in 2010 after constant delays and failure to deliver. Yet it continues to win contracts, in part because it has secured a near-monopoly of knowledge and access to EU officials. The central role that Sopra Steria plays in developing these EU biometric systems has also had a spin-off effect in securing other national contracts, including with Belgium, Bulgaria, Czech Republic, Finland, France, Germany, Romania and Slovenia GMV, a Spanish technology company, has received a succession of large contracts for Eurosur, ever since its testing phase in 2010, worth at least €25 million. It also provides technology to the Spanish Guardia Civil, such as control centres for its Integrated System of External Vigilance (SIVE) border security system as well as software development services to Frontex. It has participated in at least ten EU-funded research projects on border security.

    Most of the large contracts for the virtual walls that did not go to consortia including Sopra Steria were awarded by eu-LISA (European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice) to consortia comprising computer and technology companies including Accenture, Atos Belgium and Morpho (later renamed Idema).
    Lobbying

    As research in our Border Wars series has consistently shown, through effective lobbying, the military and security industry has been very influential in shaping the discourse of EU security and military policies. The industry has succeeded in positioning itself as the experts on border security, pushing the underlying narrative that migration is first and foremost a security threat, to be combatted by security and military means. With this premise, it creates a continuous demand for the ever-expanding catalogue of equipment and services the industry supplies for border security and control.

    Many of the companies listed here, particularly the large arms companies, are involved in the European Organisation for Security (EOS), the most important lobby group on border security. Many of the IT security firms that build EU’s virtual walls are members of the European Biometrics Association (EAB). EOS has an ‘Integrated Border Security Working Group’ to ‘facilitate the development and uptake of better technology solutions for border security both at border checkpoints, and along maritime and land borders’. The working group is chaired by Giorgio Gulienetti of the Italian arms company Leonardo, with Isto Mattila (Laurea University of Applied Science) and Peter Smallridge of Gemalto, a digital security company recently acquired by Thales.

    Company lobbyists and representatives of these lobby organisations regularly meet with EU institutions, including the European Commission, are part of official advisory committees, publish influential proposals, organise meetings between industry, policy-makers and executives and also meet at the plethora of military and security fairs, conferences and seminars. Airbus, Leonardo and Thales together with EOS held 226 registered lobbying meetings with the European Commission between 2014 and 2019. In these meetings representatives of the industry position themselves as the experts on border security, presenting their goods and services as the solution for ‘security threats’ caused by immigration. In 2017, the same group of companies and EOS spent up to €2.65 million on lobbying.

    A similar close relationship can be seen on virtual walls, with the Joint Research Centre of the European Commission arguing openly for public policy to foster the ‘emergence of a vibrant European biometrics industry’.
    A deadly trade and a choice

    The conclusion of this survey of the business of building walls is clear. A Europe full of walls has proved to be very good for the bottom line of a wide range of corporations including arms, security, IT, shipping and construction companies. The EU’s planned budgets for border security for the next decade show it is also a business that will continue to boom.

    This is also a deadly business. The heavy militarisation of Europe’s borders on land and at sea has led refugees and migrants to follow far more hazardous routes and has trapped others in desperate conditions in neighbouring countries like Libya. Many deaths are not recorded, but those that are tracked in the Mediterranean show that the proportion of those who drown trying to reach Europe continues to increase each year.

    This is not an inevitable state of affairs. It is both the result of policy decisions made by the EU and its member states, and corporate decisions to profit from these policies. In a rare principled stand, German razor wire manufacturer Mutanox in 2015 stated it would not sell its product to the Hungarian government arguing: ‘Razor wire is designed to prevent criminal acts, like a burglary. Fleeing children and adults are not criminals’. It is time for other European politicians and business leaders to recognise the same truth: that building walls against the world’s most vulnerable people violates human rights and is an immoral act that history will judge harshly. Thirty years after the fall of the Berlin Wall, it is time for Europe to bring down its new walls.

    https://www.tni.org/en/businessbuildingwalls

    #business #murs #barrières_frontalières #militarisation_des_frontières #visualisation #Europe #UE #EU #complexe_militaro-industriel #Airbus #Leonardo #Thales #Indra #Israel_Aerospace_Industries #Elbit #European_Security_Fencing #DAT-CON #Geo_Alpinbau #Dragados #Ferrovial, #Proyectos_Y_Tecnología_Sallén #Eulen #Patstroy_Bourgas #Infra_Expert #Patengineeringstroy #Geostroy_Engineering #Metallic-Ivan_Mihaylov #Nordecon #Defendec #DAK_Acélszerkezeti_Kft #SIA_Ceļu_būvniecības_sabiedrība_IGATE #Gintrėja #Minis #Legi-SGS #Groupe_CW #Jackson’s_Fencing #Sorhea #Vinci #Eurovia #Zaun_Ltd #Damen #Fincantieri #Frontex #Damen #Turquie #Instrument_contributing_to_Stability_and_Peace (#IcSP) #Libye #exernalisation #Operation_Sophia #Navantia #Naval_Group #Flensburger_Schiffbau-Gesellschaft #HDW #Lürssen_Gruppe #Motomarine_Shipyards #Panther_57 #Hellenic_Shipyards #Israel_Shipyards #Schiebel #Dornier #Operation_Hermes #CAE_Aviation #DEA_Aviation #EASP_Air #French_Dassault_Aviation #US_Lockheed_Martin #murs_virtuels #Sopra_Steria #Visa_Information_System (#VIS) #données #Schengen_Information_System (#SIS_II) #European_Dactyloscopy (#Eurodac) #GMV #Eurosur #HP_Belgium #Bull #3M_Belgium #Trusted_Borders_consortium #économie #biométrie #Integrated_System_of_External_Vigilance (#SIVE) #eu-LISA #Accenture #Atos_Belgium #Morpho #Idema #lobby #European_Organisation_for_Security (#EOS) #European_Biometrics_Association (#EAB) #Integrated_Border_Security_Working_Group #Giorgio_Gulienetti #Isto_Mattila #Peter_Smallridge #Gemalto #murs_terrestres #murs_maritimes #coût #chiffres #statistiques #Joint_Research_Centre_of_the_European_Commission #Mutanox

    Pour télécharger le #rapport :


    https://www.tni.org/files/publication-downloads/business_of_building_walls_-_full_report.pdf

    déjà signalé par @odilon ici :
    https://seenthis.net/messages/809783
    Je le remets ici avec des mots clé de plus

    ping @daphne @marty @isskein @karine4

    • La costruzione di muri: un business

      Trent’anni dopo la caduta del Muro di Berlino, l’Europa fa parlare di sé ancora una volta per i suoi muri di frontiera. Questa volta non è tanto l’ideologia che la divide, quanto la paura di rifugiati e migranti, alcune tra le persone più vulnerabili al mondo.

      Riassunto del rapporto «The Business of Building Walls» [1]:

      Chi ha ucciso il sogno di un’Europa più aperta? Cosa ha dato inizio a questa nuova era dei muri?
      Ci sono evidentemente molte ragioni: il crescente spostamento di persone a causa di conflitti, repressione e impoverimento, l’ascesa di politiche securitarie sulla scia dell’11 settembre, l’insicurezza economica e sociale percepita in Europa dopo la crisi finanziaria del 2008, solo per nominarne alcune. Tuttavia, c’è un gruppo che ha di gran lunga da guadagnare da questo innalzamento di nuovi muri: le imprese che li costruiscono. La loro influenza nel dare forma ad un mondo di muri necessita di un esame più profondo.

      Questo rapporto esplora il business della costruzione di muri, che è stato alimentato e ha beneficiato di un aumento considerevole della spesa pubblica dedicata alla sicurezza delle frontiere dall’Unione Europea (EU) e dai suoi Stati membri. Alcune imprese beneficiarie sono delle multinazionali che approfittano di un mercato globale per la sicurezza delle frontiere che si stima valere approssimativamente 17,5 miliardi di euro nel 2018, con una crescita annuale prevista almeno dell’8% nei prossimi anni.

      È importante guardare sia oltre che dietro i muri e le barriere d’Europa, perché i reali ostacoli alla migrazione contemporanea non sono tanto le recinzioni, quanto la vasta gamma di tecnologie che vi è alla base, dai sistemi radar ai droni, dalle telecamere di sorveglianza ai sistemi biometrici di rilevamento delle impronte digitali. Allo stesso modo, alcuni tra i più pericolosi muri d’Europa non sono nemmeno fisici o sulla terraferma. Le navi, gli aerei e i droni usati per pattugliare il Mediterraneo hanno creato un muro marittimo e un cimitero per i migliaia di migranti e di rifugiati che non hanno un passaggio legale verso la salvezza o per esercitare il loro diritto di asilo.

      Tutto ciò rende insignificanti le dichiarazioni della Commissione Europea secondo le quali essa non finanzierebbe i muri e le recinzioni. Il portavoce della Commissione, Alexander Winterstein, per esempio, nel rifiutare la richiesta dell’Ungheria di rimborsare la metà dei costi delle recinzioni costruite sul suo confine con la Croazia e la Serbia, ha affermato: “Noi sosteniamo le misure di gestione delle frontiere presso i confini esterni. Queste possono consistere in misure di sorveglianza o in equipaggiamento di controllo delle frontiere... . Ma le recinzioni, quelle non le finanziamo”. In altre parole, la Commissione è disposta a pagare per qualunque cosa che fortifichi un confine fintanto che ciò non sia visto come propriamente costruire dei muri.

      Questo rapporto è il seguito di “Building Walls - Fear and securitizazion in the Euopean Union”, co-pubblicato nel 2018 con Centre Delàs e Stop Wapenhandel, che per primi hanno misurato e identificato i muri che attraversano l’Europa.

      Questo nuovo rapporto si focalizza sulle imprese che hanno tratto profitto dai tre differenti tipi di muro in Europa:
      – Le imprese di costruzione ingaggiate per costruire i muri fisici costruiti dagli Stati membri UE e dall’Area Schengen in collaborazione con le imprese esperte in sicurezza e tecnologia che provvedono le tecnologie, l’equipaggiamento e i servizi associati;
      – le imprese di trasporto marittimo e di armamenti che forniscono le navi, gli aerei, gli elicotteri e i droni che costituiscono i muri marittimi dell’Europa per tentare di controllare i flussi migratori nel Mediterraneo, in particolare le operazioni di Frontex, l’operazione Sophia e l’operazione italiana Mare Nostrum;
      – e le imprese specializzate in informatica e in sicurezza incaricate di sviluppare, eseguire, estendere e mantenere i sistemi dell’UE che controllano i movimento delle persone, quali SIS II (Schengen Information System) e EES (Entry/Exii Scheme), che costituiscono i muri virtuali dell’Europa.
      Dei budget fiorenti

      Il flusso di denaro dai contribuenti ai costruttori di muri è stato estremamente lucrativo e non cessa di aumentare. Il report rivela che dalla fine della guerra fredda, le imprese hanno raccolto i profitti di almeno 900 milioni di euro di spese dei paesi dell’UE per i muri fisici e per le recinzioni. Con i dati parziali (sia nella portata e che negli anni), i costi reali raggiungerebbero almeno 1 miliardo di euro. Inoltre, le imprese che forniscono la tecnologia e i servizi che accompagnano i muri hanno ugualmente beneficiato di un flusso costante di finanziamenti da parte dell’UE, in particolare i Fondi per le frontiere esterne (1,7 miliardi di euro, 2007-2013) e i Fondi per la sicurezza interna - Fondi per le Frontiere (2,76 miliardi di euro, 2014-2020).

      Le spese dell’UE per i muri marittimi hanno raggiunto almeno 676,4 milioni di euro tra il 2006 e il 2017 (di cui 534 milioni sono stati spesi da Frontex, 28 milioni dall’UE nell’operazione Sophia e 114 milioni dall’Italia nell’operazione Mare Nostrum) e sarebbero molto superiori se si includessero tutte le operazioni delle guardie costiera nazionali nel Mediterraneo.

      Questa esplosione dei budget per le frontiere ha le condizioni per proseguire. Nel quadro del suo budget per il prossimo ciclo di bilancio dell’Unione Europea (2021-2027), la Commissione europea ha attribuito 8,02 miliardi di euro al suo fondo di gestione integrata delle frontiere (2021-2027), 11,27 miliardi a Frontex (dei quali 2,2 miliardi saranno utilizzati per l’acquisizione, il mantenimento e l’utilizzo di mezzi aerei, marittimi e terrestri) e almeno 1,9 miliardi di euro di spese totali (2000-2027) alle sue banche dati di identificazione e a Eurosur (il sistemo europeo di sorveglianza delle frontiere).
      I principali attori del settore degli armamenti

      Tre giganti europei del settore della difesa e della sicurezza giocano un ruolo cruciale nei differenti tipi di frontiere d’Europa: Thales, Leonardo e Airbus.

      – Thales è un’impresa francese specializzata negli armamenti e nella sicurezza, con una presenza significativa nei Paesi Bassi, che produce sistemi radar e sensori utilizzati da numerose navi della sicurezza frontaliera. I sistemi Thales, per esempio, sono stati utilizzati dalle navi olandesi e portoghesi impiegate nelle operazioni di Frontex.
      Thales produce ugualmente sistemi di sorveglianza marittima per droni e lavora attualmente per sviluppare una infrastruttura di sorveglianza delle frontiere per Eurosus, che permetta di seguire e controllare i rifugiati prima che raggiungano l’Europa con l’aiuto di applicazioni per Smartphone, e studia ugualmente l’utilizzo di “High Altitude Pseudo-Satellites - HAPS” per la sicurezza delle frontiere, per l’Agenzia spaziale europea e Frontex. Thales fornisce attualmente il sistema di sicurezza del porto altamente militarizzato di Calais.
      Con l’acquisto nel 2019 di Gemalto, multinazionale specializzata nella sicurezza e identità (biometrica), Thales diventa un attore importante nello sviluppo e nel mantenimento dei muri virtuali dell’UE. L’impresa ha partecipato a 27 progetti di ricerca dell’UE sulla sicurezza delle frontiere.

      – La società di armamenti italiana Leonardo (originariamente Finmeccanica o Leonardo-Finmeccanica) è uno dei principali fornitori di elicotteri per la sicurezza delle frontiere, utilizzati dalle operazioni Mare Nostrum, Hera e Sophia in Italia. Ha ugualmente fatto parte dei principali fornitori di UAV (o droni), ottenendo un contratto di 67,1 milioni di euro nel 2017 con l’EMSA (Agenzia europea per la sicurezza marittima) per fornire le agenzie di guardia costiera dell’UE.
      Leonardo faceva ugualmente parte di un consorzio che si è visto attribuire un contratto di 142,1 milioni di euro nel 2019 per attuare e assicurare il mantenimento dei muri virtuali dell’UE, ossia il Sistema di entrata/uscita (EES). La società detiene, con Thales, Telespazio, che partecipa ai progetti di osservazione dai satelliti dell’UE (React e Copernicus) utilizzati per controllare le frontiere. Leonardo ha partecipato a 24 progetti di ricerca dell’UE sulla sicurezza e il controllo delle frontiere, tra cui lo sviluppo di Eurosur.

      – Il gigante degli armamenti pan-europei Airbus è un importante fornitore di elicotteri utilizzati nella sorveglianza delle frontiere marittime e di alcune frontiere terrestri, impiegati da Belgio, Francia, Germania, Grecia, Italia, Lituania e Spagna, in particolare nelle operazioni marittime Sophia, Poseidon e Triton. Airbus e le sue filiali hanno partecipato almeno a 13 progetti di ricerca sulla sicurezza delle frontiere finanziati dall’UE, tra cui OCEAN2020, PERSEUS e LOBOS.

      Il ruolo chiave di queste società di armamenti in realtà non è sorprendente. Come è stato dimostrato da “Border Wars” (2016), queste imprese, in quanto appartenenti a lobby come EOS (Organizzazione europea per la sicurezza) e ASD (Associazione delle industrie aerospaziali e della difesa in Europa), hanno ampiamente contribuito a influenzare l’orientamento della politica delle frontiere dell’UE. Paradossalmente, questi stessi marchi fanno ugualmente parte dei quattro più grandi venditori europei di armi al Medio Oriente e all’Africa del Nord, contribuendo così ad alimentare i conflitti all’origine di queste migrazioni forzate.

      Allo stesso modo Indra gioca un ruolo non indifferente nel controllo delle frontiere in Spagna e nel Mediterraneo. L’impresa ha ottenuto una serie di contratti per fortificare Ceuta e Melilla (enclavi spagnole nel Nord del Marocco). Indra ha ugualmente sviluppato il sistema di controllo delle frontiere SIVE (con sistemi radar, di sensori e visivi) che è installato nella maggior parte delle frontiere della Spagna, così come in Portogallo e in Romania. Nel luglio 2018, Indra ha ottenuto un contratto di 10 milioni di euro per assicurare la gestione di SIVE su più siti per due anni. L’impresa è molto attiva nel fare lobby presso l’UE. È ugualmente una dei grandi beneficiari dei finanziamenti per la ricerca dell’UE, che assicurano il coordinamento del progetto PERSEUS per lo sviluppo di Eurosur e il Seahorse Network, la rete di scambio di informazioni tra le forze di polizia dei paesi mediterranei (in Europa e in Africa) per fermare le migrazioni.

      Le società di armamenti israeliane hanno anch’esse ottenuto numerosi contratti nel quadro della sicurezza delle frontiere in UE. Nel 2018, Frontex ha selezionato il drone Heron delle Israel Aerospace Industries per i voli di sorveglianza degli esperimenti pilota nel Mediterraneo. Nel 2015, la società israeliana Elbit Systems ha venduto sei dei suoi droni Hermes al Corpo di guardie di frontiera svizzero, nel quadro di un contratto controverso di 230 milioni di euro. Ha anche firmato in seguito un contratto per droni con l’EMSA (Agenzia europea per la sicurezza marittima), in quanto subappaltatore della società portoghese CEIIA (2018), così come dei contratti per equipaggiare tre navi di pattugliamento per la Hellenic Coast Guard (2019).
      Gli appaltatori dei muri fisici

      La maggioranza di muri e recinzioni che sono stati rapidamente eretti attraverso l’Europa, sono stati costruiti da società di BTP nazionali/società nazionali di costruzioni, ma un’impresa europea ha dominato nel mercato: la European Security Fencing, un produttore spagnolo di filo spinato, in particolare di un filo a spirale chiamato “concertina”. È famosa per aver fornito i fili spinati delle recinzioni che circondano Ceuta e Melilla. L’impresa ha ugualmente dotato di fili spinati le frontiere tra l’Ungheria e la Serbia, e i suoi fili spinati “concertina” sono stati installati alle frontiere tra Bulgaria e Turchia e tra l’Austria e la Slovenia, così come a Calais e, per qualche giorno, alla frontiera tra Ungheria e Slovenia, prima di essere ritirati. Dato che essi detengono il monopolio sul mercato da un po’ di tempo a questa parte, è probabile che i fili spinati “concertina” siano stati utilizzati presso altre frontiere in Europa.

      Tra le altre imprese che hanno fornito i muri e le tecnologie ad essi associate, si trova DAT-CON (Croazia, Cipro, Macedonia, Moldavia, Slovenia e Ucraina), Geo Alpinbau (Austria/Slovenia), Indra, Dragados, Ferrovial, Proyectos Y Tecnología Sallén e Eulen (Spagna/Marocco), Patstroy Bourgas, Infra Expert, Patengineeringstroy, Geostroy Engineering, Metallic-Ivan Mihaylov et Indra (Bulgaria/Turchia), Nordecon e Defendec (Estonia/Russia), DAK Acélszerkezeti Kft e SIA Ceļu būvniecības sabiedrība IGATE (Lettonia/Russia), Gintrėja (Lituania/Russi), Minis e Legi-SGS (Slovenia/Croazia), Groupe CW, Jackson’s Fencing, Sorhea, Vinci/Eurovia e Zaun Ltd (Francia/Regno Unito).

      I costi reali dei muri e delle tecnologie associate superano spesso le stime originali. Numerose accuse e denunce per corruzione sono state allo stesso modo formulate, in certi casi perché i progetti erano stati attribuiti a delle imprese che appartenevano ad amici di alti funzionari. In Slovenia, per esempio, accuse di corruzione riguardanti un contratto per la costruzione di muri alle frontiere hanno portato a tre anni di battaglie legali per avere accesso ai documenti; la questione è passata poi alla Corte suprema.

      Malgrado tutto ciò, il Fondo europeo per le frontiere esterne ha sostenuto finanziariamente le infrastrutture e i servizi tecnologici di numerose operazioni alle frontiere degli Stati membri. In Macedonia, per esempio, l’UE ha versato 9 milioni di euro per finanziare dei veicoli di pattugliamento, delle telecamere a visione notturna, dei rivelatori di battito cardiaco e sostegno tecnico alle guardie di frontiera nell’aiuto della gestione della sua frontiera meridionale.
      Gli speculatori dei muri marittimi

      I dati che permettono di determinare quali imbarcazioni, elicotteri e aerei sono utilizzati nelle operazioni marittime in Europa mancano di trasparenza. È dunque difficile recuperare tutte le informazioni. Le nostre ricerche mostrano comunque che tra le principali società implicate figurano i giganti europei degli armamenti Airbus e Leonardo, così come grandi imprese di costruzione navale come l’olandese Damen e l’italiana Fincantieri.

      Le imbarcazioni di pattugliamento di Damen sono servite per delle operazioni frontaliere portate avanti da Albania, Belgio, Bulgaria, Portogallo, Paesi Bassi, Romania, Svezia e Regno Unito, così come per le vaste operazioni di Frontex (Poseidon, Triton e Themis), per l’operazione Sophia e hanno ugualmente sostento la NATO nell’operazione Poseidon.

      Al di fuori dell’Europa, la Libia, il Marocco, la Tunisia e la Turchia utilizzano delle imbarcazioni Damen per la sicurezza delle frontiere, spesso in collaborazione con l’UE o i suoi Stati membri. Per esempio, le sei navi Damen che la Turchia ha comprato per la sua guardia costiera nel 2006, per un totale di 20 milioni di euro, sono state finanziate attraverso lo strumento europeo che contribuirebbe alla stabilità e alla pace (IcSP), destinato a mantenere la pace e a prevenire i conflitti.

      La vendita di imbarcazioni Damen alla Libia mette in evidenza l’inquietante costo umano di questo commercio. Nel 2012, Damen ha fornito quattro imbarcazioni di pattugliamento alla guardia costiera libica, che sono state vendute come equipaggiamento civile col fine di evitare la licenza di esportazione di armi nei Paesi Bassi. I ricercatori hanno poi scoperto che non solo le imbarcazioni erano state vendute con dei punti di fissaggio per le armi, ma che erano state in seguito armate ed utilizzate per fermare le imbarcazioni di rifugiati. Numerosi incidenti che hanno implicato queste imbarcazioni sono stati segnalati, tra i quali l’annegamento di 20 o 30 rifugiati. Damen si è rifiutata di commentare, dichiarando di aver convenuto col governo libico di non divulgare alcuna informazione riguardante le imbarcazioni.

      Numerosi costruttori navali nazionali, oltre a Damen, giocano un ruolo determinante nelle operizioni marittime poiché sono sistematicamente scelti con priorità dai paesi partecipanti a ogni operazione di Frontex o ad altre operazioni nel Mediterraneo. Tutte le imbarcazioni fornite dall’Italia all’operazione Sophia sono state costruite da Fincantieri e tutte quelle spagnole sono fornite da Navantia e dai suoi predecessori. Allo stesso modo, la Francia si rifornisce da DCN/DCNS, ormai Naval Group, e tutte le imbarcazioni tedesche sono state costruite da diversi cantieri navali tedeschi (Flensburger Schiffbau-Gesellschaft, HDW, Lürssen Gruppe). Altre imprese hanno partecipato alle operazioni di Frontex, tra cui la società greca Motomarine Shipyards, che ha prodotto i pattugliatori rapidi Panther 57 utilizzati dalla guardia costiera greca, così come la Hellenic Shipyards e la Israel Shipyards.

      La società austriaca Schiebel, che fornisce i droni S-100, gioca un ruolo importante nella sorveglianza aerea delle attività marittime. Nel novembre 2018, è stata selezionata dall’EMSA per un contratto di sorveglianza marittima di 24 milioni di euro riguardante differenti operazioni che includevano la sicurezza delle frontiere. Dal 2017, Schiebel ha ugualmente ottenuto dei contratti con la Croazia, la Danimarca, l’Islanda, l’Italia, il Portogallo e la Spagna. L’impresa ha un passato controverso: ha venduto dei droni a numerosi paesi in conflitto armato o governati da regimi repressivi come la Libia, il Myanmar, gli Emirati Arabi Uniti e lo Yemen.

      La Finlandia e i Paesi Bassi hanno impiegato degli aerei Dornier rispettivamente nel quadro delle operazioni Hermès, Poseidon e Triton. Dornier appartiene ormai alla filiale americana della società di armamenti israeliana Elbit Systems.
      CAE Aviation (Lussemburgo), DEA Aviation (Regno Unito) e EASP Air (Paesi Bassi) hanno tutte ottenuto dei contratti di sorveglianza aerea per Frontex.
      Airbus, Dassault Aviation, Leonardo e l’americana Lockheed Martin hanno fornito il più grande numero di aerei utilizzati per l’operazione Sophia.

      L’UE e i suoi Stati membri difendono le loro operazioni marittime pubblicizzando il loro ruolo nel salvataggio dei rifugiati in mare. Ma non è questo il loro obiettivo principale, come sottolinea il direttore di Frontex Fabrice Leggeri nell’aprile 2015, dichiarando che “le azioni volontarie di ricerca e salvataggio” non fanno parte del mandato affidato a Frontex, e che salvare delle vite non dovrebbe essere una priorità. La criminalizzazione delle operazioni di salvataggio da parte delle ONG, gli ostacoli che esse incontrano, così come la violenza e i respingimenti illegali dei rifugiati, spesso denunciati, illustrano bene il fatto che queste operazioni marittime sono volte soprattutto a costituire muri piuttosto che missioni umanitarie.
      I muri virtuali

      I principali contratti dell’UE legati ai muri virtuali sono stati affidati a due imprese, a volte in quanto leader di un consorzio.
      Sopra Steria è il partner principale per lo sviluppo e il mantenimento del Sistema d’informazione dei visti (SIV), del Sistema di informazione Schengen (SIS II) e di Eurodac (European Dactyloscopy) e GMV ha firmato una serie di contratti per Eurosur. I sistemi che essi concepiscono permettono di controllare e di sorvegliare i movimenti delle persone attraverso l’Europa e, sempre più spesso, al di là delle sue frontiere.

      Sopra Steria è un’impresa francese di servizi per consultazioni in tecnologia che ha, ad oggi, ottenuto dei contratti con l’UE per un valore totale di più di 150 milioni di euro. Nel quadro di alcuni di questi grossi contratti, Sopra Steria ha formato dei consorzi con HP Belgio, Bull e 3M Belgio.

      Malgrado l’ampiezza di questi mercati, Sopra Steria ha ricevuto importanti critiche per la sua mancanza di rigore nel rispetto delle tempistiche e dei budget. Il lancio di SIS II è stato costantemente ritardato, costringendo la Commissione a prolungare i contratti e ad aumentare i budget. Sopra Steria aveva ugualmente fatto parte di un altro consorzio, Trusted Borders, impegnato nello sviluppo del programma e-Borders nel Regno Unito. Quest’ultimo è terminato nel 2010 dopo un accumulo di ritardi e di mancate consegne. Tuttavia, la società ha continuato a ottenere contratti, a causa del suo quasi monopolio di conoscenze e di relazioni con i rappresentanti dell’UE. Il ruolo centrale di Sopra Steria nello sviluppo dei sistemi biometrici dell’UE ha ugualmente portato alla firma di altri contratti nazionali con, tra gli altri, il Belgio, la Bulgaria, la Repubblica ceca, la Finlandia, la Francia, la Germania, la Romania e la Slovenia.

      GMV, un’impresa tecnologica spagnola, ha concluso una serie di grossi contratti per Eurosur, dopo la sua fase sperimentale nel 2010, per almeno 25 milioni di euro. Essa rifornisce ugualmente di tecnologie la Guardia Civil spagnola, tecnologie quali, ad esempio, i centri di controllo del suo Sistema integrato di sorveglianza esterna (SIVE), sistema di sicurezza delle frontiere, così come rifornisce di servizi di sviluppo logistico Frontex. L’impresa ha partecipato ad almeno dieci progetti di ricerca finanziati dall’UE sulla sicurezza delle frontiere.

      La maggior parte dei grossi contratti riguardanti i muri virtuali che non sono stati conclusi con consorzi di cui facesse parte Sopra Steria, sono stati attribuiti da eu-LISA (l’Agenzia europea per la gestione operazionale dei sistemi di informazione su vasta scale in seno allo spazio di libertà, di sicurezza e di giustizia) a dei consorzi di imprese specializzate nell’informazione e nelle nuove tecnologie, tra questi: Accenture, Atos Belgium e Morpho (rinominato Idemia).
      Lobby

      Come testimonia il nostro report “Border Wars”, il settore della difesa e della sicurezza, grazie ad una lobbying efficace, ha un’influenza considerabile nell’elaborazione delle politiche di difesa e di sicurezza dell’UE. Le imprese di questo settore industriale sono riuscite a posizionarsi come esperti della sicurezza delle frontiere, portando avanti il loro discorso secondo il quale la migrazione è prima di tutto una minaccia per la sicurezza che deve essere combattuta tramite mezzi militari e securitari. Questo crea così una domanda continua del catalogo sempre più fornito di equipaggiamenti e servizi che esse forniscono per la sicurezza e il controllo delle frontiere.

      Un numero alto di imprese che abbiamo nominato, in particolare le grandi società di armamenti, fanno parte dell’EOS (Organizzazione europea per la sicurezza), il più importante gruppo di pressione sulla sicurezza delle frontiere.

      Molte imprese informatiche che hanno concepito i muri virtuali dell’UE sono membri dell’EAB (Associazione Europea per la Biometria). L’EOS ha un “Gruppo di lavoro sulla sicurezza integrata delle frontiere” per “permettere lo sviluppo e l’adozione delle migliori soluzioni tecnologiche per la sicurezza delle frontiere sia ai checkpoint che lungo le frontiere marittime e terrestri”.
      Il gruppo di lavoro è presieduto da Giorgio Gulienetti, della società di armi italiana Leonardo, Isto Mattila (diplomato all’università di scienze applicate) e Peter Smallridge di Gemalto, multinazionale specializzata nella sicurezza numerica, recentemente acquisita da Thales.

      I lobbisti di imprese e i rappresentanti di questi gruppi di pressione incontrano regolarmente le istituzioni dell’UE, tra cui la Commissione europea, nel quadro di comitati di consiglio ufficiali, pubblicano proposte influenti, organizzano incontri tra il settore industriale, i policy-makers e i dirigenti e si ritrovano allo stesso modo in tutti i saloni, le conferenze e i seminari sulla difesa e la sicurezza.

      Airbus, Leonardo e Thales e l’EOS hanno anche assistito a 226 riunioni ufficiali di lobby con la Commissione europea tra il 2014 e il 2019. In queste riunioni, i rappresentanti del settore si presentano come esperti della sicurezza delle frontiere, e propongono i loro prodotti e servizi come soluzione alle “minacce alla sicurezza” costituite dall’immigrazione. Nel 2017, queste stesse imprese e l’EOS hanno speso fino a 2,56 milioni di euro in lobbying.

      Si constata una relazione simile per quanto riguarda i muri virtuali: il Centro comune della ricerca della Commissione europea domanda apertamente che le politiche pubbliche favoriscano “l’emergenza di una industria biometrica europea dinamica”.
      Un business mortale, una scelta

      La conclusione di questa inchiesta sul business dell’innalzamento di muri è chiara: la presenza di un’Europa piena di muri si rivela molto fruttuosa per una larga fetta di imprese del settore degli armamenti, della difesa, dell’informatica, del trasporto marittimo e delle imprese di costruzioni. I budget che l’UE ha pianificato per la sicurezza delle frontiere nei prossimi dieci anni mostrano che si tratta di un commercio che continua a prosperare.

      Si tratta altresì di un commercio mortale. A causa della vasta militarizzazione delle frontiere dell’Europa sulla terraferma e in mare, i rifugiati e i migranti intraprendono dei percorsi molto più pericolosi e alcuni si trovano anche intrappolati in terribili condizioni in paesi limitrofi come la Libia. Non vengono registrate tutte le morti, ma quelle che sono registrate nel Mediterraneo mostrano che il numero di migranti che annegano provando a raggiungere l’Europa continua ad aumentare ogni anno.

      Questo stato di cose non è inevitabile. È il risultato sia di decisioni politiche prese dall’UE e dai suoi Stati membri, sia dalle decisioni delle imprese di trarre profitto da queste politiche. Sono rare le imprese che prendono posizione, come il produttore tedesco di filo spinato Mutinox che ha dichiarato nel 2015 che non avrebbe venduto i suoi prodotti al governo ungherese per il seguente motivo: “I fili spinati sono concepiti per impedire atti criminali, come il furto. Dei rifugiati, bambini e adulti, non sono dei criminali”.

      È tempo che altri politici e capi d’impresa riconoscano questa stessa verità: erigere muri contro le popolazioni più vulnerabili viola i diritti umani e costituisce un atto immorale che sarà evidentemente condannato dalla storia.

      Trent’anni dopo la caduta del muro di Berlino, è tempo che l’Europa abbatta i suoi nuovi muri.

      https://www.meltingpot.org/La-costruzione-di-muri-un-business.html

    • How the arms industry drives Fortress Europe’s expansion

      In recent years, rising calls for deterrence have intensified the physical violence migrants face at the EU border. The externalization of the border through deals with sending and transit countries signals the expansion of this securitization process. Financial gains by international arms firms in this militarization trend form an obstacle for policy change.

      In March, April, and May of this year, multiple European countries deployed military forces to their national borders. This was done to assist with controls and patrols in the wake of border closures and other movement restrictions due to the Covid-19 crisis. Poland deployed 1,460 soldiers to the border to support the Border Guard and police as part of a larger military operation in reaction to Covid-19. And the Portuguese police used military drones as a complement to their land border checks. According to overviews from NATO, the Czech Republic, Greece, Latvia, Lithuania, the Netherlands (military police), Slovakia, and Slovenia all stationed armed forces at their national borders.

      While some of these deployments have been or will be rolled back as the Corona crisis dies down, they are not exceptional developments. Rather, using armed forces for border security and control has been a common occurrence at EU external borders since the so-called refugee crisis of 2015. They are part of the continuing militarisation of European border and migration policies, which is known to put refugees at risk but is increasingly being expanded to third party countries. Successful lobbying from the military and security industry has been an important driver for these policies, from which large European arms companies have benefited.

      The militarization of borders happens when EU member states send armies to border regions, as they did in Operation Sophia off the Libyan coast. This was the first outright EU military mission to stop migration. But border militarization also includes the use of military equipment for migration control, such as helicopters and patrol vessels, as well as the the EU-wide surveillance system Eurosur, which connects surveillance data from all individual member states. Furthermore, EU countries now have over 1,000 kilometers of walls and fences on their borders. These are rigged with surveillance, monitoring, and detection technologies, and accompanied by an increasing use of drones and other autonomous systems. The EU also funds a constant stream of Research & Technology (R&T) projects to develop new technologies and services to monitor and manage migration.

      This process has been going on for decades. The Schengen Agreement of 1985, and the subsequent creation of the Schengen Area, which coupled the opening of the internal EU borders with robust control at the external borders, can be seen as a starting point for these developments. After 2011, when the so-called ‘Arab Spring’ led to fears of mass migration to Europe, and especially since the ‘refugee crisis’ of 2015, the EU accelerated the boosting and militarising of border security, enormously. Since then, stopping migration has been at the top of the EU agenda.

      An increasingly important part of the process of border militarization isn’t happening at the European borders, but far beyond them. The EU and its member states are incentivizing third party countries to help stop migrants long before they reach Europe. This externalising of borders has taken many forms, from expanding the goals of EUCAP missions in Mali and Niger to include the prevention of irregular migration, to funding and training the Libyan Coast Guard to return refugees back to torture and starvation in the infamous detention centers in Libya. It also includes the donation of border security equipment, for example from Germany to Tunisia, and funding for purchases, such as Turkey’s acquisition of coast guard vessels to strengthen its operational capacities.

      Next to the direct consequences of European border externalisation efforts, these policies cause and worsen problems in the third party countries concerned: diverting development funds and priorities, ruining migration-based economies, and strengthening authoritarian regimes such as those in Chad, Belarus, Eritrea, and Sudan by providing funding, training and equipment to their military and security forces. Precisely these state organs are most responsible for repression and abuses of human rights. All this feeds drivers of migration, including violence, repression, and unemployment. As such, it is almost a guarantee for more refugees in the future.

      EU border security agency Frontex has also extended its operations into non-EU-countries. Ongoing negotiations and conclusions of agreements with Balkan countries resulted in the first operation in Albania having started in May 2019. And this is only a small part of Frontex’ expanding role in recent years. In response to the ‘refugee crisis’ of 2015, the European Commission launched a series of proposals that saw large increases in the powers of the agency, including giving member states binding advice to boost their border security, and giving Frontex the right to intervene in member states’ affairs (even without their consent) by decision of the Commission or Council.

      These proposals also included the creation of a 10,000 person strong standing corps of border guards and a budget to buy or lease its own equipment. Concretely, Frontex started with a budget of €6 million in 2005, which grew to €143 million in 2015. This was then quickly increased again from €239 million in 2016 to €460 million in 2020. The enormous expansion of EU border security and control has been accompanied by rapidly increasing budgets in general. In recent years, billions of euros have been spent on fortifying borders, setting up biometric databases, increasing surveillance capacities, and paying non-EU-countries to play their parts in this expansion process.

      Negotiations about the next seven-year-budget for the EU, the Multiannual Financial Framework 2021-2027, are still ongoing. In the European Commission’s latest proposal, which is clearly positioned as a response to the Covid-19 pandemic, the fund for strengthening member states’ border security, the Integrated Border Management Fund, has been allotted €12.5 billion. Its predecessors, the External Borders Fund (2007-2013) and the Internal Security Fund – Borders (2014-2020), had much smaller budgets: €1.76 billion and €2.70 billion, respectively. For Frontex, €7.5 billion is reserved, with €2.2 billion earmarked for purchasing or leasing equipment such as helicopters, drones, and patrol vessels. These huge budget increases are exemplary of the priority the EU attaches to stopping migration.

      The narrative underlying these policies and budget growths is the perception of migration as a threat; a security problem. As researcher, Ainhoa Ruiz (Centre Delàs) writes, “the securitisation process also includes militarisation,” because “the prevailing paradigm for providing security is based on military principles: the use of force and coercion, more weapons equating to more security, and the achievement of security by eliminating threats.”

      This narrative hasn’t come out of the blue. It is pushed by right wing politicians and often followed by centrist and leftist parties afraid of losing voters. Importantly, it is also promoted by an extensive and successful industrial lobby. According to Martin Lemberg-Pedersen (Assistant Professor in Global Refugee Studies, Aalborg University), arms companies “establish themselves as experts on border security, and use this position to frame immigration to Europe as leading to evermore security threats in need of evermore advanced [security] products.” The narrative of migration as a security problem thus sets the stage for militaries, and the security companies behind the commercial arms lobby, to offer their goods and services as the solution. The range of militarization policies mentioned so far reflects the broad adoption of this narrative.

      The lobby organizations of large European military and security companies regularly interact with the European Commission and EU border agencies. They have meetings, organise roundtables, and see each other at military and security fairs and conferences. Industry representatives also take part in official advisory groups, are invited to present new arms and technologies, and write policy proposals. These proposals can sometimes be so influential that they are adopted as policy, almost unamended.

      This happened, for instance, when the the Commission decided to open up the Instrument contributing to Security and Peace, a fund meant for peace-building and conflict prevention. The fund’s terms were expanded to cover provision of third party countries with non-lethal security equipment, for example, for border security purposes. The new policy document for this turned out to be a step-by-step reproduction of an earlier proposal from lobby organisation, Aerospace and Defence Industries Association of Europe (ASD). Yet, perhaps the most far-reaching success of this kind is the expansion of Frontex, itself, into a European Border Guard. Years before it actually happened, the industry had already been pushing for this outcome.

      The same companies that are at the forefront of the border security and control lobby are, not surprisingly, also the big winners of EU and member states’ contracts in these areas. These include three of the largest European (and global) arms companies, namely, Airbus (Paneuropean), Leonardo (Italy) and Thales (France). These companies are active in many aspects of the border security and control market. Airbus’ and Leonardo’s main product in this field are helicopters, with EU funds paying for many purchases by EU and third countries. Thales provides radar, for example, for border patrol vessels, and is heavily involved in biometric and digital identification, especially after having acquired market leader, Gemalto, last year.

      These three companies are the main beneficiaries of the European anti-migration obsession. At the same time, these very three companies also contribute to new migration streams to Europe’s shores through their trade in arms. They are responsible for significant parts of Europe’s arms exports to countries at war, and they provide the arms used by parties in internal armed conflicts, by human rights violators, and by repressive regimes. These are the forces fueling the reasons for which people are forced to flee in the first place.

      Many other military and security companies also earn up to hundreds of millions of euros from large border security and control projects oriented around logistics and transport. Dutch shipbuilder Damen provided not only many southern European countries with border patrol vessels, but also controversially sold those to Libya and Turkey, among others. Its ships have also been used in Frontex operations, in Operation Sophia, and on the Channel between Calais and Dover.

      The Spanish company, European Security Fencing, provided razor wire for the fences around the Spanish enclaves, Ceuta and Melilla, in Morocco, as well as the fence at Calais and the fences on the borders of Austria, Bulgaria, and Hungary. Frontex, the European Maritime Safety Agency (EMSA), and Greece leased border surveillance drones from Elbit and Israel Aerospace Industries (IAI). These are Israeli military companies that routinely promote their products as ‘combat-proven’ or ‘battlefield tested’ against Palestinians.

      Civipol, a French public-private company owned by the state, and several large arms producers (including Thales, Airbus, and Safran), run a string of EU-/member state-funded border security projects in third party countries. This includes setting up fingerprint databases of the whole populations of Mali and Senegal, which facilitates identification and deportation of their nationals from Europe. These are just a few examples of the companies that benefit from the billions of euros that the EU and its member states spend on a broad range of purchases and projects in their bid to stop migration.

      The numbers of forcibly displaced people in the world grew to a staggering 79.5 million by the end of last year. Instead of helping to eliminate the root causes of migration, EU border and migration policies, as well as its arms exports to the rest of the world, are bound to lead to more refugees in the future. The consequences of these policies have already been devastating. As experts in the field of migration have repeatedly warned, the militarisation of borders primarily pushes migrants to take alternative migration routes that are often more dangerous and involve the risks of relying on criminal smuggling networks. The Mediterranean Sea has become a sad witness of this, turning into a graveyard for a growing percentage of refugees trying to cross it.

      The EU approach to border security doesn’t stand on its own. Many other countries, in particular Western ones and those with authoritarian leaders, follow the same narrative and policies. Governments all over the world, but particularly those in the US, Australia, and Europe, continue to spend billions of euros on border security and control equipment and services. And they plan to increase budgets even more in the coming years. For military and security companies, this is good news; the global border security market is expected to grow by over 7% annually for the next five years to a total of $65 billion in 2025. It looks like they will belong to the very few winners of increasingly restrictive policies targeting vulnerable people on the run.

      https://crisismag.net/2020/06/27/how-the-arms-industry-drives-fortress-europes-expansion
      #industrie_militaire #covid-19 #coronavirus #frontières_extérieures #Operation_Sophia #Eurosur #surveillance #drones #technologie #EUCAP #externalisation #Albanie #budget #Integrated_Border_Management_Fund #menace #lobby_industriel #Instrument_contributing_to_Security_and_Peace #conflits #paix #prévention_de_conflits #Aerospace_and_Defence_Industries_Association_of_Europe (#ASD) #Airbus #Leonardo #Thales #hélicoptères #radar #biométrie #identification_digitale #Gemalto #commerce_d'armes #armement #Damen #European_Security_Fencing #barbelé #European_Maritime_Safety_Agency (#EMSA) #Elbit #Israel_Aerospace_Industries (#IAI) #Civipol #Safran #base_de_données

      –—

      Pour @etraces :

      Civipol, a French public-private company owned by the state, and several large arms producers (including Thales, Airbus, and Safran), run a string of EU-/member state-funded border security projects in third party countries. This includes setting up fingerprint databases of the whole populations of Mali and Senegal, which facilitates identification and deportation of their nationals from Europe

    • GUARDING THE FORTRESS. The role of Frontex in the militarisation and securitisation of migration flows in the European Union

      The report focuses on 19 Frontex operations run by the European Border and Coast Guard Agency (hereafter Frontex) to explore how the agency is militarising borders and criminalising migrants, undermining fundamental rights to freedom of movement and the right to asylum.

      This report is set in a wider context in which more than 70.8 million people worldwide have been forcibly displaced, according to the 2018 figures from the United Nations High Commissioner for Refugees (UNHCR) (UNHCR, 2019). Some of these have reached the borders of the European Union (EU), seeking protection and asylum, but instead have encountered policy responses that mostly aim to halt and intercept migration flows, against the background of securitisation policies in which the governments of EU Member States see migration as a threat. One of the responses to address migration flows is the European Border and Coast Guard Agency (hereafter Frontex), established in 2004 as the EU body in charge of guarding what many have called ‘Fortress Europe’, and whose practices have helped to consolidate the criminalisation of migrants and the securitisation of their movements.

      The report focuses on analysing the tools deployed by Fortress Europe, in this case through Frontex, to prevent the freedom of movement and the right to asylum, from its creation in 2004 to the present day.

      The sources used to write this report were from the EU and Frontex, based on its budgets and annual reports. The analysis focused on the Frontex regulations, the language used and its meaning, as well as the budgetary trends, identifying the most significant items – namely, the joint operations and migrant-return operations.

      A table was compiled of all the joint operations mentioned in the annual reports since the Agency was established in 2005 up to 2018 (see annexes). The joint operations were found on government websites but were not mentioned in the Frontex annual reports. Of these operations, we analysed those of the longest duration, or that have showed recent signs of becoming long-term operations. The joint operations are analysed in terms of their objectives, area of action, the mandates of the personnel deployed, and their most noteworthy characteristics.

      Basically, the research sought to answer the following questions: What policies are being implemented in border areas and in what context? How does Frontex act in response to migration movements? A second objective was to analyse how Frontex securitises the movement of refugees and other migrants, with the aim of contributing to the analysis of the process of border militarisation and the security policies applied to non-EU migrants by the EU and its Member States.

      https://www.tni.org/en/guarding-the-fortress

      Pour télécharger le rapport_
      https://www.tni.org/files/publication-downloads/informe40_eng_ok.pdf

      #rapport #TNI #Transnational_institute

    • #Frontex aircraft : Below the radar against international law

      For three years, Frontex has been chartering small aircraft for the surveillance of the EU’s external borders. First Italy was thus supported, then Croatia followed. Frontex keeps the planes details secret, and the companies also switch off the transponders for position display during operations.

      The European Commission does not want to make public which private surveillance planes Frontex uses in the Mediterranean. In the non-public answer to a parliamentary question, the EU border agency writes that the information on the aircraft is „commercially confidential“ as it contains „personal data and sensitive operational information“.

      Frontex offers EU member states the option of monitoring their external borders using aircraft. For this „Frontex Aerial Surveillance Service“ (FASS), Frontex charters twin-engined airplanes from European companies. Italy first made use of the service in 2017, followed a year later by Croatia. In 2018, Frontex carried out at least 1,800 flight hours under the FASS, no figures are yet available for 2019.

      Air service to be supplemented with #drones

      The FASS flights are carried out under the umbrella of „Multipurpose Aerial Surveillance“, which includes satellite surveillance as well as drones. Before the end of this year, the border agency plans to station large drones in the Mediterranean for up to four years. The situation pictures of the European Union’s „pre-frontier area“ are fed into the surveillance system EUROSUR, whose headquarter is located at Frontex in Warsaw. The national EUROSUR contact points, for example in Spain, Portugal and Italy, also receive this information.

      In addition to private charter planes, Frontex also uses aircraft and helicopters provided by EU Member States, in the central Mediterranean via the „Themis“ mission. The EU Commission also keeps the call signs of the state aircraft operating there secret. They would be considered „sensitive operational information“ and could not be disclosed to MEPs.

      Previously, the FOIA platform „Frag den Staat“ („Ask the State“) had also tried to find out details about the sea and air capacities of the member states in „Themis“. Frontex refused to provide any information on this matter. „Frag den Staat“ lost a case against Frontex before the European Court of Justice and is now to pay 23,700 Euros to the agency for legal fees.

      Real-time tracking with FlightAware

      The confidentiality of Frontex comes as a surprise, because companies that monitor the Mediterranean for the agency are known through a tender. Frontex has signed framework contracts with the Spanish arms group Indra as well as the charter companies CAE Aviation (Canada), Diamond-Executive Aviation (Great Britain) and EASP Air (Netherlands). Frontex is spending up to 14.5 million euros each on the contracts.

      Finally, online service providers such as FlightAware can also be used to draw conclusions about which private and state airplanes are flying for Frontex in the Mediterranean. For real-time positioning, the providers use data from ADS-B transponders, which all larger aircraft must have installed. A worldwide community of non-commercial trackers receives this geodata and feeds it into the Internet. In this way, for example, Italian journalist Sergio Scandura documents practically all movements of Frontex aerial assets in the central Mediterranean.

      Among the aircraft tracked this way are the twin-engined „DA-42“, „DA-62“ and „Beech 350“ of Diamond-Executive Aviation, which patrol the Mediterranean Sea on behalf of Frontex as „Osprey1“, „Osprey3“ and „Tasty“, in former times also „Osprey2“ and „Eagle1“. They are all operated by Diamond-Executive Aviation and take off and land at airports in Malta and Sicily.

      „Push-backs“ become „pull-backs“

      In accordance with the Geneva Convention on Refugees, the EU Border Agency may not return people to states where they are at risk of torture or other serious human rights violations. Libya is not a safe haven; this assessment has been reiterated on several occasions by the United Nations Commissioner for Refugees, among others.

      Because these „push-backs“ are prohibited, Frontex has since 2017 been helping with so-called „pull-backs“ by bringing refugees back to Libya by the Libyan coast guard rather than by EU units. With the „Multipurpose Aerial Surveillance“, Frontex is de facto conducting air reconnaissance for Libya. By November 2019, the EU border agency had notified Libyan authorities about refugee boats on the high seas in at least 42 cases.

      Many international law experts consider this practice illegal. Since Libya would not be able to track down the refugees without the help of Frontex, the agency must take responsibility for the refoulements. The lawyers Omer Shatz and Juan Branco therefore want to sue responsibles of the European Union before the International Criminal Court in The Hague.

      Frontex watches refugees drown

      This is probably the reason why Frontex disguises the exact location of its air surveillance. Private maritime rescue organisations have repeatedly pointed out that Frontex aircrafts occasionally switch off their transponders so that they cannot be tracked via ADS-B. In the answer now available, this is confirmed by the EU Commission. According to this, the visibility of the aircraft would disclose „sensitive operational information“ and, in combination with other kinds of information, „undermine“ the operational objectives.

      The German Ministry of the Interior had already made similar comments on the Federal Police’s assets in Frontex missions, according to which „general tracking“ of their routes in real time would „endanger the success of the mission“.

      However, Frontex claims it did not issue instructions to online service providers to block the real-time position display of its planes, as journalist Scandura described. Nonetheless, the existing concealment of the operations only allows the conclusion that Frontex does not want to be controlled when the deployed aircraft watch refugees drown and Italy and Malta, as neighbouring EU member states, do not provide any assistance.

      https://digit.site36.net/2020/06/11/frontex-aircraft-blind-flight-against-international-law
      #avions #Italie #Croatie #confidentialité #transparence #Frontex_Aerial_Surveillance_Service (#FASS) #Multipurpose_Aerial_Surveillance #satellites #Méditerranée #Thermis #information_sensible #Indra #CAE_Aviation #Diamond-Executive_Aviation #EASP_Air #FlightAware #ADS-B #DA-42 #DA-62 #Beech_350 #Osprey1 #Osprey3 #Tasty #Osprey2 #Eagle1 #Malte #Sicile #pull-back #push-back #refoulement #Sergio_Scandura

    • Walls Must Fall: Ending the deadly politics of border militarisation - webinar recording
      This webinar explored the trajectory and globalization of border militarization and anti-migrant racism across the world, the history, ideologies and actors that have shaped it, the pillars and policies that underpin the border industrial complex, the resistance of migrants, refugees and activists, and the shifting dynamics within this pandemic.

      - #Harsha_Walia, author of Undoing Border Imperialism (2013)
      - #Jille_Belisario, Transnational Migrant Platform-Europe (TMP-E)
      - #Todd_Miller, author of Empire of Borders (2020), Storming the Wall (2019) and TNI’s report More than A Wall (2019)
      - #Kavita_Krishnan, All India Progressive Women’s Association (AIPWA).
      https://www.tni.org/en/article/walls-must-fall
      https://www.youtube.com/watch?v=T8B-cJ2bTi8&feature=emb_logo

      #conférence #webinar

    • Le business meurtrier des frontières

      Le 21ème siècle sera-t-il celui des barrières ? Probable, au rythme où les frontières nationales se renforcent. Dans un livre riche et documenté, publié aux éditions Syllepse, le géographe Stéphane Rosière dresse un indispensable état des lieux.

      Une nuit du mois de juin, dans un centre de rétention de l’île de Rhodes, la police grecque vient chercher une vingtaine de migrant·e·s, dont deux bébés. Après un trajet en bus, elle abandonne le groupe dans un canot de sauvetage sans moteur, au milieu des eaux territoriales turques. En août, le New York Times publie une enquête révélant que cette pratique, avec la combinaison de l’arrivée aux affaires du premier ministre conservateur Kyriakos Mitsotakis et de la diffusion de la pandémie de Covid-19, est devenue courante depuis mars.

      Illégales au regard du droit international, ces expulsions illustrent surtout le durcissement constant de la politique migratoire de l’Europe depuis 20 ans. Elles témoignent aussi d’un processus mondial de « pixellisation » des frontières : celles-ci ne se réduisent pas à des lignes mais à un ensemble de points plus ou moins en amont ou en aval (ports, aéroports, eaux territoriales…), où opèrent les polices frontalières.
      La fin de la fin des frontières

      Plus largement, le récent ouvrage de Stéphane Rosière, Frontières de fer, le cloisonnement du monde, permet de prendre la mesure d’un processus en cours de « rebordering » à travers le monde. À la fois synthèse des recherches récentes sur les frontières et résultats des travaux de l’auteur sur la résurgence de barrières frontalières, le livre est une lecture incontournable sur l’évolution contemporaine des frontières nationales.

      D’autant qu’il n’y a pas si longtemps, la mondialisation semblait promettre l’affaissement des frontières, dans la foulée de la disparition de l’Union soviétique et, corollairement, de la généralisation de l’économie de marché. La Guerre froide terminée annonçait la « fin de l’histoire » et, avec elle, la disparition des limites territoriales héritées de l’époque moderne. Au point de ringardiser, rappelle Stéphane Rosière, les études sur les frontières au sein de la géographie des années 1990, parallèlement au succès d’une valorisation tous azimuts de la mobilité dans le discours politique dominant comme dans les sciences sociales.

      Trente ans après, le monde se réveille avec 25 000 kilomètres de barrières frontalières – record pour l’Inde, avec plus de 3 000 kilomètres de clôtures pour prévenir l’immigration depuis le Bangladesh. Barbelés, murs de briques, caméras, détecteurs de mouvements, grilles électrifiées, les dispositifs de contrôle frontalier fleurissent en continu sur les cinq continents.
      L’âge des « murs anti-pauvres »

      La contradiction n’est qu’apparente. Les barrières du 21e siècle ne ferment pas les frontières mais les cloisonnent – d’où le titre du livre. C’est-à-dire que l’objectif n’est pas de supprimer les flux mondialisés – de personnes et encore moins de marchandises ni de capitaux – mais de les contrôler. Les « teichopolitiques », terme qui recouvre, pour Stéphane Rosière, les politiques de cloisonnement de l’espace, matérialisent un « ordre mondial asymétrique et coercitif », dans lequel on valorise la mobilité des plus riches tout en assignant les populations pauvres à résidence.

      De fait, on observe que les barrières frontalières redoublent des discontinuités économiques majeures. Derrière l’argument de la sécurité, elles visent à contenir les mouvements migratoires des régions les plus pauvres vers des pays mieux lotis économiquement : du Mexique vers les États-Unis, bien sûr, ou de l’Afrique vers l’Europe, mais aussi de l’Irak vers l’Arabie Saoudite ou du Pakistan vers l’Iran.

      Les dispositifs de contrôle frontalier sont des outils parmi d’autres d’une « implacable hiérarchisation » des individus en fonction de leur nationalité. Comme l’a montré le géographe Matthew Sparke à propos de la politique migratoire nord-américaine, la population mondiale se trouve divisée entre une classe hypermobile de citoyen·ne·s « business-class » et une masse entravée de citoyen·ne·s « low-cost ». C’est le sens du « passport index » publié chaque année par le cabinet Henley : alors qu’un passeport japonais ou allemand donne accès à plus de 150 pays, ce chiffre descend en-dessous de 30 avec un passeport afghan ou syrien.
      Le business des barrières

      Si les frontières revêtent une dimension économique, c’est aussi parce qu’elles sont un marché juteux. À l’heure où les pays européens ferment des lits d’hôpital faute de moyens, on retiendra ce chiffre ahurissant : entre 2005 et 2016, le budget de Frontex, l’agence en charge du contrôle des frontières de l’Union européenne, est passé de 6,3 à 238,7 millions d’euros. À quoi s’ajoutent les budgets colossaux débloqués pour construire et entretenir les barrières – budgets entourés d’opacité et sur lesquels, témoigne l’auteur, il est particulièrement difficile d’enquêter, faute d’obtenir… des fonds publics.

      L’argent public alimente ainsi une « teichoéconomie » dont les principaux bénéficiaires sont des entreprises du BTP et de la sécurité européennes, nord-américaines, israéliennes et, de plus en plus, indiennes ou saoudiennes. Ce complexe sécuritaro-industriel, identifié par Julien Saada, commercialise des dispositifs de surveillance toujours plus sophistiqués et prospère au rythme de l’inflation de barrières entre pays, mais aussi entre quartiers urbains.

      Un business d’autant plus florissant qu’il s’auto-entretient, dès lors que les mêmes entreprises vendent des armes. On sait que les ventes d’armes, alimentant les guerres, stimulent les migrations : un « cercle vertueux » s’enclenche pour les entreprises du secteur, appelées à la rescousse pour contenir des mouvements de population qu’elles participent à encourager.
      « Mourir aux frontières »

      Bénéfices juteux, profits politiques, les barrières font des heureux. Elles tuent aussi et l’ouvrage de Stéphane Rosière se termine sur un décompte macabre. C’est, dit-il, une « guerre migratoire » qui est en cours. Guerre asymétrique, elle oppose la police armée des puissances économiques à des groupes le plus souvent désarmés, venant de périphéries dominées économiquement et dont on entend contrôler la mobilité. Au nom de la souveraineté des États, cette guerre fait plusieurs milliers de victimes par an et la moindre des choses est de « prendre la pleine mesure de la létalité contemporaine aux frontières ».

      Sur le blog :

      – Une synthèse sur les murs frontaliers : http://geographiesenmouvement.blogs.liberation.fr/2019/01/28/lamour-des-murs

      – Le compte rendu d’un autre livre incontournable sur les frontières : http://geographiesenmouvement.blogs.liberation.fr/2019/08/03/frontieres-en-mouvement

      – Une synthèse sur les barricades à l’échelle intraurbaine : http://geographiesenmouvement.blogs.liberation.fr/2020/10/21/gated-communities-le-paradis-entre-quatre-murs

      http://geographiesenmouvement.blogs.liberation.fr/2020/11/05/le-business-meurtrier-des-frontieres

    • How Private Security Firms Profit Off the Refugee Crisis

      The UK has pumped money to corporations turning #Calais into a bleak fortress.

      Tall white fences lined with barbed wire – welcome to Calais. The city in northern France is an obligatory stop for anyone trying to reach the UK across the channel. But some travellers are more welcome than others, and in recent decades, a slew of private security companies have profited millions of pounds off a very expensive – an unattractive – operation to keep migrants from crossing.

      Every year, thousands of passengers and lorries take the ferry at the Port of Calais-Fréthun, a trading route heavily relied upon by the UK for imports. But the entrance to the port looks more like a maximum-security prison than your typical EU border. Even before Brexit, the UK was never part of the Schengen area, which allows EU residents to move freely across 26 countries. For decades, Britain has strictly controlled its southern border in an attempt to stop migrants and asylum seekers from entering.

      As early as 2000, the Port of Calais was surrounded by a 2.8 metre-high fence to prevent people from jumping into lorries waiting at the ferry departure point. In 1999, the Red Cross set up a refugee camp in the nearby town of Sangatte which quickly became overcrowded. The UK pushed for it to be closed in 2002 and then negotiated a treaty with France to regulate migration between the two countries.

      The 2003 Le Toquet Treaty allowed the UK to check travellers on French soil before their arrival, and France to do the same on UK soil. Although the deal looks fair on paper, in practice it unduly burdens French authorities, as there are more unauthorised migrants trying to reach the UK from France than vice versa.

      The treaty effectively moved the UK border onto French territory, but people still need to cross the channel to request asylum. That’s why thousands of refugees from conflict zones like Syria, Eritrea, Afghanistan, Sudan and Somalia have found themselves stranded in Calais, waiting for a chance to cross illegally – often in search of family members who’ve already made it to the UK. Many end up paying people smugglers to hide them in lorries or help them cross by boat.

      These underlying issues came to a head during the Syrian crisis, when refugees began camping out near Calais in 2014. The so-called Calais Jungle became infamous for its squalid conditions, and at its peak, hosted more than 7,000 people. They were all relocated to other centres in France before the camp was bulldozed in 2016. That same year, the UK also decided to build a €2.7 million border wall in Calais to block access to the port from the camp, but the project wasn’t completed until after the camp was cleared, attracting a fair deal of criticism. Between 2015 and 2018, the UK spent over €110 million on border security in France, only to top it up with over €56 million more in 2018.

      But much of this public money actually flows into the accounts of private corporations, hired to build and maintain the high-tech fences and conduct security checks. According to a 2020 report by the NGO Care4Calais, there are more than 40 private security companies working in the city. One of the biggest, Eamus Cork Solutions (ECS), was founded by a former Calais police officer in 2004 and is reported to have benefited at least €30 million from various contracts as of 2016.

      Stéphane Rosière, a geography professor at the University of Reims, wrote his book Iron Borders (only available in French) about the many border walls erected around the world. Rosière calls this the “security-industrial” complex – private firms that have largely replaced the traditional military-industrial sector in Europe since WW2.

      “These companies are getting rich by making security systems adaptable to all types of customers – individuals, companies or states,” he said. According to Rosière, three-quarters of the world’s border security barriers were built in the 21st century.

      Brigitte, a pensioner living close to the former site of the Calais Jungle, has seen her town change drastically over the past two decades. “Everything is cordoned off with wire mesh," she said. "I have the before and after photos, and it’s not a pretty sight. It’s just wire, wire, wire.” For the past 15 years, Brigitte has been opening her garage door for asylum seekers to stop by for a cup of tea and charge their phones and laptops, earning her the nickname "Mama Charge”.

      “For a while, the purpose of these fences and barriers was to stop people from crossing,” said François Guennoc, president of L’Auberge des Migrants, an NGO helping displaced migrants in Calais.

      Migrants have still been desperate enough to try their luck. “They risked a lot to get into the port area, and many of them came back bruised and battered,” Guennoc said. Today, walls and fences are mainly being built to deter people from settling in new camps near Calais after being evicted.

      In the city centre, all public squares have been fenced off. The city’s bridges have been fitted with blue lights and even with randomly-placed bike racks, so people won’t sleep under them.

      “They’ve also been cutting down trees for some time now,” said Brigitte, pointing to a patch near her home that was once woods. Guennoc said the authorities are now placing large rocks in areas where NGOs distribute meals and warm clothes, to prevent displaced people from receiving the donations. “The objective of the measures now is also to make the NGOs’ work more difficult,” he said.

      According to the NGO Refugee Rights Europe, about 1,500 men, women and minors were living in makeshift camps in and around Calais as of April 2020. In July 2020, French police raided a camp of over 500 people, destroying residents’ tents and belongings, in the largest operation since the Calais Jungle was cleared. An investigation by Slate found that smaller camps are cleared almost every day by the French police, even in the middle of winter. NGOs keep providing new tents and basic necessities to displaced residents, but they are frustrated by the waste of resources. The organisations are also concerned about COVID-19 outbreaks in the camps.

      As VICE World News has previously reported, the crackdown is only pushing people to take more desperate measures to get into the UK. Boat crossings reached record-highs in 2020, and four people have died since August 2020 while trying to cross, by land and sea. “When you create an obstacle, people find a way to get around it,” Guennoc said. “If they build a wall all the way along the coast to prevent boat departures, people will go to Normandy – and that has already started.” Crossing the open sea puts migrants at even greater risk.

      Rosière agrees security measures are only further endangering migrants.“All locks eventually open, no matter how complex they may be. It’s just a matter of time.”

      He believes the only parties who stand to profit from the status quo are criminal organisations and private security firms: “At the end of the day, this a messed-up use of public money.”

      https://www.vice.com/en/article/wx8yax/how-private-security-firms-profit-off-the-refugee-crisis

      En français:
      À Calais, la ville s’emmure
      https://www.vice.com/fr/article/wx8yax/a-calais-la-ville-semmure

    • Financing Border Wars. The border industry, its financiers and human rights

      This report seeks to explore and highlight the extent of today’s global border security industry, by focusing on the most important geographical markets—Australia, Europe, USA—listing the human rights violations and risks involved in each sector of the industry, profiling important corporate players and putting a spotlight on the key investors in each company.

      Executive summary

      Migration will be one of the defining human rights issues of the 21st century. The growing pressures to migrate combined with the increasingly militarised state security response will only exacerbate an already desperate situation for refugees and migrants. Refugees already live in a world where human rights are systematically denied. So as the climate crisis deepens and intersects with other economic and political crises, forcing more people from their homes, and as states retreat to ever more authoritarian security-based responses, the situation for upholding and supporting migrants’ rights looks ever bleaker.

      States, most of all those in the richest countries, bear the ultimate responsibility to uphold the human rights of refugees and migrants recognised under International Human Rights Law. Yet corporations are also deeply implicated. It is their finance, their products, their services, their infrastructure that underpins the structures of state migration and border control. In some cases, they are directly involved in human rights violations themselves; in other cases they are indirectly involved as they facilitate the system that systematically denies refugees and migrants their rights. Most of all, through their lobbying, involvement in government ‘expert’ groups, revolving doors with state agencies, it becomes clear that corporations are not just accidental beneficiaries of the militarisation of borders. Rather they actively shape the policies from which they profit and therefore share responsibility for the human rights violations that result.

      This state-corporate fusion is best described as a Border Industrial Complex, drawing on former US President Eisenhower’s warning of the dangers of a Military-Industrial Complex. Indeed it is noticeable that many of the leading border industries today are also military companies, seeking to diversify their security products to a rapidly expanding new market.

      This report seeks to explore and highlight the extent of today’s global border security industry, by focusing on the most important geographical markets—Australia, Europe, USA—listing the human rights violations and risks involved in each sector of the industry, profiling important corporate players and putting a spotlight on the key investors in each company.
      A booming industry

      The border industry is experiencing spectacular growth, seemingly immune to austerity or economic downturns. Market research agencies predict annual growth of the border security market of between 7.2% and 8.6%, reaching a total of $65–68 billion by 2025. The largest expansion is in the global Biometrics and Artificial Intelligence (AI) markets. Markets and Markets forecasts the biometric systems market to double from $33 billion in 2019 to $65.3 billion by 2024—of which biometrics for migration purposes will be a significant sector. It says that the AI market will equal US$190.61 billion by 2025.

      The report investigates five key sectors of the expanding industry: border security (including monitoring, surveillance, walls and fences), biometrics and smart borders, migrant detention, deportation, and audit and consultancy services. From these sectors, it profiles 23 corporations as significant actors: Accenture, Airbus, Booz Allen Hamilton, Classic Air Charter, Cobham, CoreCivic, Deloitte, Elbit, Eurasylum, G4S, GEO Group, IBM, IDEMIA, Leonardo, Lockheed Martin, Mitie, Palantir, PricewaterhouseCoopers, Serco, Sopra Steria, Thales, Thomson Reuters, Unisys.

      – The border security and control field, the technological infrastructure of security and surveillance at the border, is led by US, Australian, European and Israeli firms including Airbus, Elbit, Leonardo, Lockheed Martin, Airbus, Leonardo and Thales— all of which are among the world’s major arms sellers. They benefit not only from border contracts within the EU, US, and Australia but also increasingly from border externalisation programmes funded by these same countries. Jean Pierre Talamoni, head of sales and marketing at Airbus Defence and Space (ADS), said in 2016 that he estimates that two thirds of new military market opportunities over the next 10 years will be in Asia and the Middle East and North Africa (MENA) region. Companies are also trying to muscle in on providing the personnel to staff these walls, including border guards.

      - The Smart Borders sector encompasses the use of a broad range of (newer) technologies, including biometrics (such as fingerprints and iris-scans), AI and phone and social media tracking. The goal is to speed up processes for national citizens and other acceptable travellers and stop or deport unwanted migrants through the use of more sophisticated IT and biometric systems. Key corporations include large IT companies, such as IBM and Unisys, and multinational services company Accenture for whom migration is part of their extensive portfolio, as well as small firms, such as IDEMIA and Palantir Technologies, for whom migration-related work is central. The French public–private company Civipol, co-owned by the state and several large French arms companies, is another key player, selected to set up fingerprint databases of the whole population of Mali and Senegal.

      – Deportation. With the exception of the UK and the US, it is uncommon to privatise deportation. The UK has hired British company Mitie for its whole deportation process, while Classic Air Charter dominates in the US. Almost all major commercial airlines, however, are also involved in deportations. Newsweek reported, for example, that in the US, 93% of the 1,386 ICE deportation flights to Latin American countries on commercial airlines in 2019 were facilitated by United Airlines (677), American Airlines (345) and Delta Airlines (266).

      - Detention. The Global Detention Project lists over 1,350 migrant detention centres worldwide, of which over 400 are located in Europe, almost 200 in the US and nine in Australia. In many EU countries, the state manages detention centres, while in other countries (e.g. Australia, UK, USA) there are completely privatised prisons. Many other countries have a mix of public and private involvement, such as state facilities with private guards. Australia outsourced refugee detention to camps outside its territories. Australian service companies Broadspectrum and Canstruct International managed the detention centres, while the private security companies G4S, Paladin Solutions and Wilson Security were contracted for security services, including providing guards. Migrant detention in third countries is also an increasingly important part of EU migration policy, with the EU funding construction of migrant detention centres in ten non-EU countries.

      - Advisory and audit services are a more hidden part of public policies and practices, but can be influential in shaping new policies. A striking example is Civipol, which in 2003 wrote a study on maritime borders for the European Commission, which adopted its key policy recommendations in October 2003 and in later policy documents despite its derogatory language against refugees. Civipol’s study also laid foundations for later measures on border externalisation, including elements of the migration deal with Turkey and the EU’s Operation Sophia. Since 2003 Civipol has received funding for a large number of migration-related projects, especially in African countries. Between 2015 and 2017, it was the fourth most-funded organisation under the EU Trust Fund. Other prominent corporations in this sector include Eurasylum, as well as major international consultancy firms, particularly Deloitte and PricewaterhouseCoopers, for which migration-related work is part of their expansive portfolio.

      Financing the industry

      The markets for military and border control procurement are characterized by massively capital intensive investments and contracts, which would not be possible without the involvement of financial actors. Using data from marketscreener.com, the report shows that the world’s largest investment companies are also among the major shareholders in the border industry.

      – The Vanguard Group owns shares in 15 of the 17 companies, including over 15% of the shares of CoreCivic and GEO Group that manage private prisons and detention facilities.

      - Other important investors are Blackrock, which is a major shareholder in 11 companies, Capital Research and Management (part of the Capital Group), with shares in arms giants Airbus and Lockheed Martin, and State Street Global Advisors (SsgA), which owns over 15% of Lockheed Martin shares and is also a major shareholder in six other companies.

      - Although these giant asset management firms dominate, two of the profiled companies, Cobham and IDEMIA, are currently owned by the private equity firm Advent International. Advent specialises in buyouts and restructuring, and it seems likely that it will attempt to split up Cobham in the hope of making a profit by selling on the component companies to other owners.

      - In addition, three large European arms companies, Airbus, Thales and Leonardo, active in the border security market, are partly owned by the governments of the countries where they are headquartered.

      In all cases, therefore, the financing depends on our money. In the case of state ownership, through our taxes, and in terms of asset management funds, through the way individual savings, pension funds, insurance companies and university endowments are directly invested in these companies via the giant Asset Management Funds. This financing means that the border industry survives on at least the tacit approved use of the public’s funds which makes it vulnerable to social pressure as the human rights costs of the industry become ever more clear.
      Human rights and the border industry

      Universal human rights apply to every single human being, including refugees and migrants. While the International Bill of Human Rights provides the foundation, including defining universal rights that are important in the context of migration, such as the right to life, liberty and security of person, the right to freedom from torture or cruel or inhumane or degrading treatment or punishment, and freedom from discrimination, there are other instruments such as the United Nations Convention Relating to the Status of Refugees (Refugee Convention or Geneva Convention) of 1951 that are also relevant. There are also regional agreements, including the Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the European Convention on Human Rights (ECHR) that play a role relevant to the countries that have ratified them.

      Yet despite these important and legally binding human rights agreements, the human rights situation for refugees and migrants has become ever more desperate. States frequently deny their rights under international law, such as the right to seek asylum or non-refoulement principles, or more general rights such as the freedom from torture, cruel or inhumane treatment. There is a gap with regard to effective legal means or grievance mechanisms to counter this or to legally enforce or hold to account states that fail to implement instruments such as the UDHR and the Refugee Convention of 1951. A Permanent Peoples Tribunal in 2019 even concluded that ‘taken together, the immigration and asylum policies and practices of the EU and its Member States constitute a total denial of the fundamental rights of people and migrants, and are veritable crimes against humanity’. A similar conclusion can be made of the US and Australian border and immigration regime.

      The increased militarisation of border security worldwide and state-sanctioned hostility toward migrants has had a deeply detrimental impact on the human rights of refugees and migrants.

      – Increased border security has led to direct violence against refugees, pushbacks with the risk of returning people to unsafe countries and inhumane circumstances (contravening the principle of non-refoulement), and a disturbing rise in avoidable deaths, as countries close off certain migration routes, forcing migrants to look for other, often more dangerous, alternatives and pushing them into the arms of criminal smuggling networks.

      – The increased use of autonomous systems of border security such as drones threaten new dangers related to human rights. There is already evidence that they push migrants to take more dangerous routes, but there is also concern that there is a gradual trend towards weaponized systems that will further threaten migrants’ lives.

      – The rise in deportations has threatened fundamental human rights including the right to family unity, the right to seek asylum, the right to humane treatment in detention, the right to due process, and the rights of children’. There have been many instances of violence in the course of deportations, sometimes resulting in death or permanent harm, against desperate people who try to do everything to prevent being deported. Moreover, deportations often return refugees to unsafe countries, where they face violence, persecution, discrimination and poverty.

      - The widespread detention of migrants also fundamentally undermines their human rights . There have been many reports of violence and neglect by guards and prison authorities, limited access to adequate legal and medical support, a lack of decent food, overcrowding and poor and unhealthy conditions. Privatisation of detention exacerbates these problems, because companies benefit from locking up a growing number of migrants and minimising costs.

      – The building of major migration databases such as EU’s Eurodac and SIS II, VIS gives rise to a range of human rights concerns, including issues of privacy, civil liberties, bias leading to discrimination—worsened by AI processes -, and misuse of collected information. Migrants are already subject to unprecedented levels of surveillance, and are often now treated as guinea pigs where even more intrusive technologies such as facial recognition and social media tracking are tried out without migrants consent.

      The trend towards externalisation of migration policies raises new concerns as it seeks to put the human costs of border militarisation beyond the border and out of public sight. This has led to the EU, US and Australia all cooperating with authoritarian regimes to try and prevent migrants from even getting close to their borders. Moreover as countries donate money, equipment or training to security forces in authoritarian regimes, they end up expanding and strengthening their capacities which leads to a rise in human rights violations more broadly. Nowhere are the human rights consequences of border externalisation policies clearer than in the case of Libya, where the EU and individual member states (in particular Italy and Malta) funding, training and cooperation with security forces and militias have led to violence at the borders, murder, disappearances, rape, enslavement and abuse of migrants in the country and torture in detention centres.

      The 23 corporations profiled in this report have all been involved in or connected to policies and practices that have come under fire because of violations of the human rights of refugees and migrants. As mentioned earlier, sometimes the companies are directly responsible for human rights violations or concerns. In other cases, they are indirectly responsible through their contribution to a border infrastructure that denies human rights and through lobbying to influence policy-making to prioritize militarized responses to migration. 11 of the companies profiled publicly proclaim their commitment to human rights as signatories to the UN Guiding Principles on Business and Human Rights (UNGPs), but as these are weak voluntary codes this has not led to noticeable changes in their business operations related to migration.

      The most prominent examples of direct human rights abuses come from the corporations involved in detention and deportation. Classic Air Charter, Cobham, CoreCivic, Eurasylum, G4S, GEO Group, Mitie and Serco all have faced allegations of violence and abuse by their staff towards migrants. G4S has been one of the companies most often in the spotlight. In 2017, not only were assaults by its staff on migrants at the Brook House immigration removal centre in the UK broadcast by the BBC, but it was also hit with a class suit in Australia by almost 2,000 people who are or were detained at the externalised detention centre on Manus Island, because of physical and psychological injuries as a result of harsh treatment and dangerous conditions. The company eventually settled the case for A$70 million (about $53 million) in the largest-ever human rights class-action settlement. G4S has also faced allegations related to its involvement in deportations.

      The other companies listed all play a pivotal role in the border infrastructure that denies refugees’ human rights. Airbus P-3 Orion surveillance planes of the Australian Air Force, for example, play a part in the highly controversial maritime wall that prevents migrants arriving by boat and leads to their detention in terrible conditions offshore. Lockheed Martin is a leading supplier of border security on the US-Mexico border. Leonardo is one of the main suppliers of drones for Europe’s borders. Thales produces the radar and sensor systems, critical to patrolling the Mediterrean. Elbit Systems provides surveillance technologies to both the EU and US, marketed on their success as technologies used in the separation wall in the Palestinian occupied territories. Accenture, IDEMIA and Sopra Steria manage many border biometric projects. Deloitte has been one of the key consulting companies to the US Immigration and Customs Enforcement (ICE) agency since 2003, while PriceWaterhouseCoopers provides similar consultancy services to Frontex and the Australian border forces. IBM, Palantir and UNISYS provide the IT infrastructure that underpins the border and immigration apparatus.
      Time to divest

      The report concludes by calling for campaigns to divest from the border industry. There is a long history of campaigns and movements that call for divestment from industries that support human rights violations—from the campaigns to divest from Apartheid South Africa to more recent campaigns to divest from the fossil fuel industry. The border industry has become an equally morally toxic asset for any financial institution, given the litany of human rights abuses tied to it and the likelihood they will intensify in years to come.

      There are already examples of existing campaigns targeting particular border industries that have borne fruit. A spotlight on US migrant detention, as part of former President Trump’s anti- immigration policies, contributed to six large US banks (Bank of America, BNP Paribas, Fifth Third Bancorp, JPMorgan Chase, SunTrust, and Wells Fargo) publicly announcing that they would not provide new financing to the private prison industry. The two largest public US pension funds, CalSTRS and CalPERS, also decided to divest from the same two companies. Geo Group acknowledged that these acts of ‘public resistance’ hit the company financially, criticising the banks as ‘clearly bow[ing] down to a small group of activists protesting and conducting targeted social media campaigns’.

      Every company involved or accused of human rights violations either denies them or says that they are atypical exceptions to corporate behavior. This report shows however that a militarised border regime built on exclusion will always be a violent apparatus that perpetuates human rights violations. It is a regime that every day locks up refugees in intolerable conditions, separates families causing untold trauma and heartbreak, and causes a devastating death toll as refugees are forced to take unimaginable dangerous journeys because the alternatives are worse. However well-intentioned, any industry that provides services and products for this border regime will bear responsibility for its human consequences and its human rights violations, and over time will suffer their own serious reputational costs for their involvement in this immoral industry. On the other hand, a widespread exodus of the leading corporations on which the border regime depends could force states to change course, and to embrace a politics that protects and upholds the rights of refugees and migrants. Worldwide, social movements and the public are starting to wake up to the human costs of border militarisation and demanding a fundamental change. It is time now for the border industry and their financiers to make a choice.

      https://www.tni.org/en/financingborderwars

      #TNI #rapport
      #industrie_frontalière #militarisation_des_frontières #biométrie #Intelligence_artificielle #AI #IA

      #Accenture #Airbus #Booz_Allen_Hamilton #Classic_Air_Charter #Cobham #CoreCivic #Deloitte #Elbit #Eurasylum #G4S #GEO_Group #IBM #IDEMIA #Leonardo #Lockheed_Martin #Mitie #Palantir #PricewaterhouseCoopers #Serco #Sopra_Steria #Thales #Thomson_Reuters #Unisys
      #contrôles_frontaliers #surveillance #technologie #Jean-Pierre_Talamoni #Airbus_Defence_and_Space (#ADS) #smart_borders #frontières_intelligentes #iris #empreintes_digitales #réseaux_sociaux #IT #Civipol #Mali #Sénégal #renvois #expulsions #déportations #Mitie #Classic_Air_Charter #compagnies_aériennes #United_Airlines #ICE #American_Airlines #Delta_Airlines #rétention #détention_administrative #privatisation #Broadspectrum #Canstruct_International #Paladin_Solutions #Wilson_Security #Operation_Sophia #EU_Trust_Fund #Trust_Fund #externalisation #Eurasylum #Deloitte #PricewaterhouseCoopers #Vanguard_Group #CoreCivic #Blackrock #investisseurs #investissement #Capital_Research_and_Management #Capital_Group #Lockheed_Martin #State_Street_Global_Advisors (#SsgA) #Cobham #IDEMIA #Advent_International #droits_humains #VIS #SIS_II #P-3_Orion #Accenture #Sopra_Steria #Frontex #Australie

    • Outsourcing oppression. How Europe externalises migrant detention beyond its shores

      This report seeks to address the gap and join the dots between Europe’s outsourcing of migrant detention to third countries and the notorious conditions within the migrant detention centres. In a nutshell, Europe calls the shots on migrant detention beyond its shores but is rarely held to account for the deeply oppressive consequences, including arbitrary detention, torture, forced disappearance, violence, sexual violence, and death.

      Key findings

      – The European Union (EU), and its member states, externalise detention to third countries as part of a strategy to keep migrants out at all costs. This leads to migrants being detained and subjected to gross human rights violations in transit countries in Eastern Europe, the Balkans, West Asia and Africa.

      – Candidate countries wishing to join the EU are obligated to detain migrants and stop them from crossing into the EU as a prerequisite for accession to the Union. Funding is made available through pre-accession agreements specifically for the purpose of detaining migrants.

      – Beyond EU candidate countries, this report identifies 22 countries in Africa, Eastern Europe, the Balkans and West Asia where the EU and its member states fund the construction of detention centres, detention related activities such as trainings, or advocate for detention in other ways such as through aggressively pushing for detention legislation or agreeing to relax visa requirements for nationals of these countries in exchange for increased migrant detention.

      - The main goal of detention externalisation is to pre-empt migrants from reaching the external borders of the EU by turning third countries into border outposts. In many cases this involves the EU and its member states propping up and maintaining authoritarian regimes.

      – Europe is in effect following the ‘Australian model’ that has been highly criticised by UN experts and human rights organisations for the torturous conditions inside detention centres. Nevertheless, Europe continues to advance a system that mirrors Australia’s outsourced model, focusing not on guaranteeing the rights of migrants, but instead on deterring and pushing back would-be asylum seekers at all costs.

      - Human rights are systematically violated in detention centres directly and indirectly funded by the EU and its member states, including cases of torture, arbitrary and prolonged detention, sexual violence, no access to legal recourse, humanitarian assistance, or asylum procedures, the detention of victims of trafficking, and many other serious violations in which Europe is implicated.

      - Particularly horrendous is the case of Libya, which continues to receive financial and political support from Europe despite mounting evidence of brutality, enslavement, torture, forced disappearance and death. The International Organisation for Migration (IOM) and the UN High Commissioner for Refugees (UNHCR), implement EU policies in Libya and, according to aid officials, actively whitewash the consequences of European policies to safeguard substantial EU funding.

      - Not only does the EU deport and push back migrants to unsafe third countries, it actively finances and coercively pushes for their detention in these countries. Often they have no choice but to sign ‘voluntary’ agreements to be returned to their countries of origin as the only means of getting out of torturous detention facilities.

      - The EU implements a carrot and stick approach, in particular in its dealings with Africa, prolonging colonialist dynamics and uneven power structures – in Niger, for example, the EU pushed for legislation on detention, in exchange for development aid funding.

      – The EU envisages a greater role for migrant detention in third countries going forward, as was evidenced in the European Commission’s New Pact on Migration and Asylum.

      - The EU acts on the premise of containment and deterrence, namely, that if migrants seeking to reach Europe are intercepted and detained along that journey, they will be deterred from making the journey in the first place. This approach completely misses the point that people migrate to survive, often fleeing war and other forms of violence. The EU continues to overlook the structural reasons behind why people flee and the EU’s own role in provoking such migration.

      – The border industrial complex profits from the increased securitisation of borders. Far from being passive spectators, the military and security industry is actively involved in shaping EU border policies by positioning themselves as experts on the issue. We can already see a trend of privatising migrant detention, paralleling what is happening in prison systems worldwide.

      https://www.tni.org/en/outsourcingoppression

      pour télécharger le rapport :
      https://www.tni.org/files/publication-downloads/outsourcingoppression-report-tni.pdf

      #externalisation #rétention #détention #détention_arbitraire #violence #disparitions #disparitions_forcées #violence #violence_sexuelle #morts #mort #décès #Afrique #Europe_de_l'Est #Balkans #Asie #modèle_australien #EU #UE #Union_européenne #torture #Libye #droits_humains #droits_fondamentaux #HCR #UNHCR #OIM #IOM #dissuasion #privatisation

  • Biometric data in large EU IT systems in the areas of borders, visa and asylum – fundamental rights implications

    The EU has developed common rules for managing external borders, for issuing visas and for dealing with asylum requests. These rules require cooperation between EU Member States, including the exchange of personal data concerning third-country nationals. The EU has developed three large scale IT systems to exchange personal data in the areas of asylum, borders and visa: #Eurodac, #SIS II (#Schengen_Information_System) and #VIS (#Visa_Information_System). This project will analyse the fundamental rights implications of inserting, storing and using biometric data – such as fingerprints – in these IT systems. Both the negative as well as the positive fundamental rights implications will be studied.

    http://fra.europa.eu/en/project/2014/biometric-data-large-eu-it-systems-areas-borders-visa-and-asylum-fundamen
    #biométrie #surveillance #frontières #surveillance_frontalière #contrôles_frontaliers #visa #asile #migrations #réfugiés #Schengen #données_biométriques #empreintes_digitales #droits_humains #droits_fondamentaux #rapport

    Mais je ne trouve pas le rapport à télécharger...

    Sous “publications”, par contre, d’autres documents intéressants:
    Fundamental rights implications of the obligation to provide fingerprints for Eurodac

    Processing biometric data for immigration, asylum and border management purposes has become common. This focus paper looks at measures authorities can take to enforce the obligation of newly arrived asylum seekers and migrants in an irregular situation to provide fingerprints for inclusion in Eurodac.

    http://fra.europa.eu/en/publication/2015/fundamental-rights-implications-obligation-provide-fingerprints-eurodac

    #Smart_Borders Pilot Project Technical Report Annexes
    https://www.eulisa.europa.eu/Publications/Reports/Smart%20Borders%20-%20Technical%20Annexes.pdf
    #frontières_intelligentes

    • Europe: l’enjeu des #données_mobiles des migrants

      Les téléphones portables sont de véritables lignes de vie pour les migrants. Outils de documentation, systèmes de navigation, mais aussi et surtout moyens de communication, ils leur permettent d’établir un contact régulier avec leurs proches, les passeurs, et toute autre personne susceptible de les aider dans leur périple. Mais justement parce qu’ils leur permettent de rester connectés, les téléphones portables exposent aussi les migrants à de véritables risques. Parmi eux, l’exploitation de leurs données mobiles par les autorités de certains pays européens, qui peut permettre de retracer leur parcours ou vérifier leur identité.

      Lorsqu’ils sont contraints de quitter leur pays d’origine, des milliers de migrants laissent derrière eux leurs foyers avec pour seuls bagages quelques billets, et un téléphone portable. Juste de quoi leur permettre d’atteindre l’Europe. Être connecté est un point essentiel dans une situation de migration forcée, pour rester en contact avec ses proches, mais aussi pour pouvoir joindre les secours.

      Pour des questions de mobilité, de localisation et de sécurité, les téléphones sont donc des outils indispensables aux migrants, mais pas seulement. Selon Wired UK, la déclinaison britannique du mensuel américain Wired, certains gouvernements européens utilisent les téléphones portables des migrants et en extraient les données mobiles de #géolocalisation et de #messagerie.

      Des entreprises spécialisées dans l’extraction de données

      « Ça ne me surprendrait pas, affirme Carleen Maitland, professeur associée à l’université des sciences de l’information et technologie de Pennstate. Il y a 20 ans déjà, si quelqu’un faisait une demande d’asile, les agents de l’immigration demandaient des preuves pour vérifier les propos des demandeurs. C’est extrêmement inquiétant, et décevant pour des gens qui ont déjà tout perdu de devoir perdre, en plus, leurs #souvenirs_numériques ».
      –-> #audition, donc. Et #vraisemblance

      Un acte rendu possible par la recrudescence d’entreprises spécialisées dans ce domaine, comme par exemple au Royaume-Uni. Là-bas, plusieurs entreprises possèdent même des contrats avec les forces de police britanniques, comme le révèle un rapport de Privacy International, une organisation non gouvernementale basée à Londres, militant pour le droit à la vie privée.

      Selon l’une de ces sociétés, MSAB, 97% des forces de police britanniques utiliseraient le logiciel #XRY, donnant même un accès aux données supprimées des appareils mobiles, qu’il s’agisse de smartphones, de #modem_3G, de #GPS ou encore de #tablettes.

      Manque de transparence

      Aujourd’hui, Privacy International n’a pas la preuve que les forces de police ont recours à ce type de pratique envers les migrants, et ce malgré les révélations du journal The Guardian en 2016, statuant que le Home office, le ministère de l’Intérieur britannique, pouvait bel et bien avoir accès aux données mobiles des téléphones des migrants soupçonnés d’avoir commis un crime. Mais sur quels critères ? Le problème pour Privacy International : un manque de transparence sur cette question, régulée par une loi, selon eux, obsolète - la loi sur la police et les preuves pénales, datant de 1984. Elle accorde à la police le pouvoir d’exiger « n’importe quelle information stockée sous toute forme électronique ».

      « Nous craignons que les données mobiles des migrants soient extraites de leurs téléphones portables quand ils sont détenus dans des centres de rétention, ou lorsqu’ils passent d’un centre à un autre (au Royaume-Uni), sans que personne ne le sache vraiment », s’inquiète Millie Graham Wood, avocate au sein de Privacy International. « La loi sur laquelle ils disent s’appuyer est inadéquate et inapplicable aux nouvelles technologies », ajoute-t-elle.

      Un volume d’informations important

      Une inquiétude d’autant plus légitime lorsque l’on sait à quelles informations peuvent accéder les services de police britanniques quand ils ont recours à la technologie de #Cellebrite : les numéros de chacun des contacts enregistrés dans le téléphone, le journal d’appel, les messages textes et images envoyés, toutes les vidéos et images ainsi que leur date et heure de création (parfois même accompagnées de leur géolocalisation), les fichiers audio, les e-mails, les informations de navigation, les données GPS, les messages et contacts des applications de réseaux sociaux, tous les réseaux bluetooth auxquels a été connecté le téléphone, les codes de déverrouillages (qu’il s’agisse de chiffres ou de schémas), et même les données supprimées.

      « Ils n’ont aucune idée du volume d’informations qui peut leur être pris, et comment cela pourrait être utilisé contre eux dans le futur », explique Millie Graham Wood. D’autant que les informations trouvées dans le téléphone ne sont pas forcément précises et fiables à 100%. « Avec ce manque de transparence autour de la question de la provenance des données des migrants et de leur utilisation, il y a un risque d’erreur judiciaire, qui pourrait conduire à des expulsions à cause de ce qu’on a trouvé sur les téléphones et qui pourrait s’avérer incorrect. »

      Mais le #Royaume-Uni n’est pas le seul pays d’Europe où les données mobiles peuvent se retourner contre les migrants. En #Allemagne, la loi est plus claire : depuis le 18 mai 2017, les autorités peuvent examiner les #métadonnées des migrants potentiels et déterminer dans quels pays ils ont été, et à quel moment - vérifier, donc, leurs #témoignages lors de leur demande d’asile en cas de doute.

      Selon Wired, les autorités allemandes ont recours à un logiciel informatique appelé #Atos, qui utilise les technologies de deux entreprises spécialisées dans l’analyse forensique des téléphones, #T3K... et MSAB. Une combinaison d’outils qui permet d’accéder aux métadonnées contenues dans les téléphones portables.

      Des politiques différentes en Europe

      En Allemagne, la loi sur la surveillance des téléphones ne peut s’appliquer que dans le cas où l’identité ou la nationalité d’un demandeur d’asile ne peut pas être prouvée, et s’appuie sur la section 15a de l’Asylum Act, selon Annegret Korff, porte-parole de l’Office allemand des migrations (BAMF), interrogée par confrères du site Infomigrants. Seul le BAMF peut ensuite traiter ces données.

      En 2017, la #Belgique s’est aussi inspirée de son voisin allemand ; au mois de novembre, la Chambre a adopté la réforme du droit d’asile du secrétaire d’Etat Theo Francken. Un texte qui donne aux autorités la possibilité d’inspecter les téléphones portables des demandeurs d’asile, mais aussi d’éplucher leurs profils sur les réseaux sociaux afin de vérifier le récit du candidat quant à son parcours. L’objectif est aussi de contrôler leur #identité s’ils ne possèdent pas de documents pouvant la prouver. En cas de refus de rendre accessible son téléphone portable et ses réseaux sociaux, le demandeur d’asile peut être enfermé.

      Même chose en #Turquie. Là-bas aussi, les autorités se penchent sur les profils des migrants, dès leur passage à la frontière avec la Syrie. C’est ce que l’on peut lire dans un article de Marie Gillespie, professeur de sociologie à l’Open University du Royaume-Uni, et Souad Osseiran, anthropologiste spécialisée sur les questions de migrations et réfugiés en Turquie, ainsi que Margie Cheesman, de l’université d’Oxford au Royaume-Uni. Ils ont interrogé Saleem, qui témoigne : « quand je suis arrivé à la frontière en Turquie, le garde a pris mon téléphone et m’a demandé mon mot de passe Facebook. Au début, je ne voulais pas lui donner parce que j’avais peur, mais ils m’ont mis en prison pendant 15 jours, et m’ont frappé. Ils avaient pris mon téléphone, et j’étais coincé. »

      Dans l’article, on apprend aussi que la #surveillance en ligne peut continuer une fois les frontières européennes passées, puisque les autorités demandent aux demandeurs d’asile des informations à propos de leur compte #Facebook, les incitant à « nettoyer » leurs profils.

      La #France adopte, elle, une position différente de ses voisins : les autorités ne peuvent surveiller les données mobiles des migrants pour des procédures administratives telles que des demandes d’asile, sauf dans le cadre de la lutte contre le #terrorisme - où n’importe quelle personne suspectée peut être mise sur écoute.

      Mais alors pourquoi de telles différences de pratiques entre les pays européens ? Interrogé par Infomigrants en mars 2018, le Bureau des migrations et des affaires intérieures de la Commission européenne a répondu que le droit européen ne réglementait pas cette question. Chaque Etat-membre est donc en mesure de décider si oui ou non les demandeurs d’asile doivent remettre leur téléphone portable aux autorités, et s’ils font appel à des entreprises comme #MSAB. La firme résume d’ailleurs bien quelles sont ses possibilités en matière d’exploitation des données : « si vous avez accès à une #carte_SIM, vous avez accès à la vie entière d’une personne ».

      http://www.rfi.fr/europe/20180730-europe-donnees-mobiles-migrants-immigration-portables
      #smartphones #téléphones_portables #SIM