The key to Europe a comparative analysis of entry and asylum policies in western countries : report

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REPORT PREPARED BY THE INTERNATIONAL CENTRE FOR MIGRATION POLICY DEVELOPMENT FOR THE SWEDISH PARLIAMENTARY IMMIGRANT AND REFUGEE COMMISSION SOU I994:I35

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w Swedish Government Official Reports

WW 1994:135

w Ministry

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The Key

Europe

-

a comparative analysis of entry and

asylum policies in Western countries

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Report prepared by

the International Centre for Migration Policy Development

for the Swedish Parliamentary Immigrant and Refugee Commission

Stockholm 1994

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NORSTEDTS TRYCKERI AB ISBN 91-38-13812-3 Stockholm 1994 ISSN 0375-250X

PREFACE

One of the items which from this that many emerges report

roughly three million people moving into Western Europe every

are year.

Does this give food for thought concern Should take steps

or we

to counter this development The fact that people are moving to and

from Europe, they do between European states, something

as

natural, and in fruitful. simply focus the number

many ways we on

of people involved, and this with the existing population of

compare

the region, might tend that this problem

we answer not a

But why, in that have number of European countries been

case, a

introducing changes which in practice designed enable them

are to to

influence such changes of residence than in the

to a greater extent

past We look beyond relatively temporary circumstances

must

individual countries and seek in the global factors which

an answer

affecting people’s willingness leave their familiar surroundings

are to and with situations: cope new

Global Population

When demographic from 180 countries in Cairo

experts convene

September 1994, they will be faced with United Nations forecasts of continuation of the rapid increase in the population of the world.

a

According forecast, the population of industrialized countries

to one

will increase from the figure of 1.164 million 1.259 million

current to

the relatively long-term historical perspective, by year 2025. From a increase of approximately 100 million period of 30

an over a some

be high of growth. But this virtually

years appears to a very rate

static compared with the forecast for developing countries, where the population expected increase from 4.443 million to 7.235

to million.

The population of Europe small and declining fraction of the

a

global population, even not diminishing in absolute terms. On

the other hand, the number of people in Europe’s immediate vicinity will be increasing rapidly the next few decades. over

The Global Economy

The rapid shifts in economic development which have occurred in the still apply tangibly today, and there also appreciable past very are differences in the strength of development from region one to another. However, in the foreseeable future, high proportion of the a worlds population will be living in considerably circumstances worse than do in Western Europe. This applies, in particular, to people we in close Europe which experiencing rapid population areas to are growth. economic development ahead in this moves one country, usually accompanied by mobility, which also exert greater may cross—border effects.

The Global Environment

Population growth, lack of economic development, development a or which long sustainable, often the not term or exerts a pressure on environment which affects living conditions negatively. In such

conditions, the struggle for survival between specific often

groups ethnic forced millions of people be the

based on differences has to on

in of Africa. In other environmental disasters move parts cases, can be initiated by the application of modern technology, in Chernobyl. as

Peace and Security

The collapse of communist regimes in Eastern and Central Europe birth to hopes for a more open, more peaceful world. was gave hoped that people in the countries directly affected, experiencing democratic developments, would better future, and also new, create a that the end of the struggle between the in Latin great powers America, Africa and Asia would yield positive results. In the few that have passed, these hopes have been realized extent, years to some but in they have proved be illusions, doomed failure. some cases to to demog-raphic, economic and environmental factors In many areas, have had destabilizing effects the national level. Democratization at has always led stable, harmonious cohabitation. The distinction not to ethnic also lines has often

between peoples along and religious

helped violent conflicts the settlement of to trigger or to prevent differences. Current examples be in Angola, Sudan and can seen Ruanda in Africa, and, in Europe, in what used be Yugoslavia and to the Soviet Union.

For time the prevailing conditions will some to come, encourage people countries where their living conditions to want to move to will be improved, either in of material standards considerably terms of safety combination of various factors. Some living, personal or a of these countries European But the problems which are states. are associated with economic, environmental and safety demographic, factors scale really be dealt with held in check on a global cannot or by migration to Europe. The ability of European immigrants does not states to attract correspond their need supplement their populations. Such to to needs, where they exist, by the utilization of the right to are met freedom of between various European countries by movement institutions and private individuals. companies,

At the time, inhabitants arriving in large numbers have same new limited possibilities of establishing themselves and creating living conditions, by their efforts, which equivalent those which own are to already apply in their of residence. As far see, new country as we can this will continue apply, least for considerable time. This to at some of economic prerequisites. Studies conducted primarily a question in Sweden have demonstrated long—term structural changes which lead deterioration in conditions for appear likely to to a most new arrivals living by productive work. as regards opportunities to earn a

shows that of future economic Experience assessments uncertain. Inevitably, the of cohabitation developments are prospects in the society of the future doubtful. A relatively are even more substantial of the population has occurred change in the composition in Sweden in the of few decades, without social convulcourse a any sions. This be largely described characterized by process can as a natural of between previous inhabitants and process adjustment those who have arrived recently. However, cohabitation cannot more be in isolation without considering economic circumstances and seen the which have occurred in society in other relatively rapid changes Furthermore, should neglect the proportion of respects. we not involved. One of the of social tension has been immigrants sources the fact that of Europe’s capital cities and other major cities many are and their children appreciable and populated by immigrants to an growing extent. the of these rapid snapshots of developments in In perspective and the world, have good look closely Europe we cause to more at migration policies in European countries. This applies particularly

when, this shows, immigration has increased ten year as report over a

period from three million people, that of these

one to most newcomers

have settled permanently, and that this not due to planning

or

national regulatory The major features of migration policy

systems.

should be how Europeans utilize relatively limited

are to resources in constructive and what action should be taken in other a manner

further economic development in countries

respects to promote poor

and uphold human rights wherever theyiare threatened ignored.

to or

Migration policy fits into overall picture of this kind, whether this

an

a question of developing alternatives to migration, facilitating desirable immigration, promoting the of migrants where this

return

possible, countering the wrong type of migration.

or

In 1993, the Swedish Government appointed a parliamentary Immigrant and Refugee Commission review immigrant and refu-

to

policy. The Commission will be presenting its final proposals in

gee 1995. The Commission convinced that the situation which has been described above affects countries and that cannot be dealt many

with successfully by uncoordinated national migration

separate,

policies. has therefore been appropriate to our assignment

commence

by considering the which the recently established Centre for

report

Migration Policy Development in Vienna ICMPD has prepared for the Commission. This has provided with review of current immi-

us a

gration and asylum policies in number of countries, and the report

a

has also examined the application of these policies and their outcome with regard the categories of immigrants and refugees which have,

to

de facto, been allowed remain in the countries concerned. This

to

study analyses, in particular, asylum policies, their effects in relation overall immigration policy objectives, the in which various

to way

protection employed and trends. In view of the

concepts are current

of the covered, this study drawn broad lines, with

scope area up on

straightforward comparisons between policies, regulatory

instruments, and administration in the various countries outcomes concerned.

No overview of this kind has been conducted previously in

any

by international organization. The quite

country or any reason

simply, the considerable difficulties involved. Published data frequently comparable international basis, and official data

not on an

be totally lacking in other The ICMPD has therefore

may cases.

collected supplementary data, processed existing information

or

prepared estimates in order arrive overall picture.

to at an

The study 10 European countries: Sweden and nine other

covers

countries which comparable, either because they of similar

are are

size, have similar legislation have similar of immigration or or types numbers of for asylum. In the interests of comparipersons applying the also briefly number of traditional immigration son, study surveys a

countries. The considers that there close correlation between report a effective instruments deal with growing immigration pressures to and effective alternatives migration. The preventive measures as to less there of the latter, the of the former. However, the more ICMPD’s that in whether they want to or not, assessment any case, Western adapt higher levels of immigration. European states must to the and effective control and

Apparently, not even most stringent

hinder this result would prevention measures can development. One be that, without such immigration will thus to measures, appear levels which have hitherto been considered inconceivable. reach discuss these objectively and There every reason to assessments examine the effects which different have. measures may that conclusion already be drawn this stage: appears one can at Greater between different countries essential European cooperation coordinate theirpolicies, dialogue with other countries, states must a forms for their activities. The cooperation which and find concrete between EU will be of interest Sweden in developing states great to this connection, do join the European Union. even we not The version of this chiefly addressed English language report

readers outside Sweden a version in Swedish was published in

to December that this provide useful contribution 1993. We hope may a of in different countries and the to the discussion migration policy to

further development of European and international cooperation. the the Commission’s work has takenthe form of For most part, and studying documentation from variety listening to viewpoints a with this indicated above, the reactions of sources. In line approach, as of readers of this in other countries will obviously be welcome report

Stockholm, August 1994

Rolf Wirtén Chairman of the Immigrant and Refugee Commission

AUTHOR’S PREFACE

This comparative analysis has been elaborated by the International

Centre for Migration Policy Development ICMPD in Vienna, at of the Swedish Parliamentary Immigrant and Refugee the request Commission Invandrar— och Flyktingkommittén. The original Swedish version presented in December 1993 Swedish was a Government official publication SOU 1993:113. The Commission requested ICMPD to prepare an English version with View make available the international community. a to to The English version should include data Sweden and be adapted on and updated in certain other well. ways as The of the original Swedish version was to provide purpose data and asylum mechanisms and their effects comparative on entry in selected Western countries, facilitate the deliberations of so as to the Commission possible reforms of Swedish policies in this on respect. The provided by the Commission implied that the guidelines study should be succinct and easily readable, immigration cover control policies well asylumrefugee policies, highlight entry as as differences and similarities between the various national and systems the real effects of stated policies. seek to evaluate The study covered countries: three

original comparative 12 i

Denmark, Finland and Norway, six other

Nordic countries ii

European countries Austria, France, Germany, Netherlands,

Switzerland and United Kingdom and, for the sake of contrast, iii

three countries Australia, Canada and USA. overseas An ICMPD-team formed August 1993 out the was to carry task. The headed by the Director of ICMPD, Mr. Jonas team was assisted by Mike Bisi of the IGC Secretariat, that time Widgren, Mr. at consultant research ECE in Geneva and Ms. Anneon migration at Grethe Nielsen, international affairs the Swiss Federal expert on at Office for Refugees in Berne. In the preparation of this English version of the the Head of Research ICMPD, Ms. Irene report, at

Stacher, well Ms. Ann—S0fie Nilsson temporary consultant

as as

have contributed. Both the Swedish and the English versions of the report have been typed by Ms. Anette Galasinski. The first consisted of establishing plan for the compilation

step a

of data. A list of about 75 headings to be examined for each of the selected countries compiled. became clear that analytical

was soon

documents covering the totality of these items did exist for the

not selected countries. The information retrieval work therefore had to

be specific for each Hence, the documentation exercise

country.

carried by the the study did thus validate the

out team to prepare

rationale of the task such. In spite of immigration and asylum

as now

being ranked of the priority items the agenda of the

as one on

Governments concerned, paradoxically enough, similar

no

comparative analysis had been carried

yet out.

Existing comparative overviews generally concentrated either

immigration policies large and migration statistics such

on at on as

the annual of SOPEMI of OECD, asylum legislation

reports or on

such the overviews compiled internally by the EC by

as organs,

UNHCR and the IGC Secretariat in Geneva, other specific

or on

issues such special naturalization legislation return

as reports on or

policies. Descriptive and up-to-date overviews concerning the totality of and asylum policies in Western do exist.

entry states not

Moreover, national although detailed in character, do sel-

surveys,

dom embrace all of interest in of regulating the intake of

areas terms

foreign citizens and the results of such policies. Consequently, the

ICMPD—team had devote much time the retrieval of relevant to on information. Thus, for each included in the country present survey

wide variety of had be scrutinized, such Government

a sources to as

Bills, law academic studies and articles.

texts, newspaper

The first section 1 highlights the under which

report pressure

national administrations have in of reviewing their

now to act terms

traditional for entry control and asylum, given increasing

systems

South-West and East—West migratory flows. then continues section

2 with short overviews, which changes

country concentrate on recent

in the and asylum legislation. Given restrictions they had

entry space be of limited character. The overviews follow another to a country

less logical order in the English than in the Swedish version, they

as

in the Swedish version aimed comparing the policies of other

were at with those of Sweden. Then follows international overview states an

of and asylum policies section III, which deliberately seeks to

entry

summarize policy trends in simple in order

present a manner to

permit policy comparisons and contrasts. This section presented in journalistic with View stimulate discussions the

a manner a to on ossibilit of further international harmonization. The first half of P Y tl1lS deals with olicies and control instruments section ent ‘V P rm 8 ration

general and the second half with asylum policies and their

m

functioning in particular. A final short section section IV provides politically oriented In general changes in policy

a summary. develo and islation which have occurred later than P merits g une 1994 could be taken not into account.

The respective sections and national data have been

country submitted national for However, the to experts comments. report

issued under the responsibility of the Director of ICMPD and does commit Government. The exception the section concerning

not any

Sweden, which prepared by the Secretariat of the Immigrant and Refugee Commission.

Jonas Widgren

Director of ICMPD

ENTRY

TRADITIONAL AND

ASYLUM SYSTEMS

UNDER PRESSURE

One major finding of the study that all countries analysed

are

presently involved in of revising their immigration and

a process

asylum This applies both to Western Europe well to the

systems. as as

classical immigration countries. Whereas in the 1950’s and

overseas

1960’s the relevant legislation changed twice in each

was once or

respective during each decade, such legislation being

country now

changed several times each in almost all countries covered by the

year

study. This obviously related to the factual perceived rise in

or

migration which each of the countries confronted with.

pressures,

Five phases of post—war immigration policy

In Western Europe, policies aimed at regulating immigration have evolved through five main phases during the last decade, depending

on changing priority aspects. This evolution has taken place parallel

Figure Yearly immigration to Western

thousands in almost all the studied Western European states. interesting to

Europe in

that such policy evolution has occurred in condensed form

note, a a

during much shorter time in Southern and Eastern

a sequence 2.09

European having been confronted with unprecedented

states, an

1.55 -- immigration phenomenonprnore recently.

1.40 - Phase 1 1948-1964 characterized by

was post—war reconstruc- 1.26

- tion, the dynamic economic development in Europe and the general

- belief that the European labour supply and demand equation could

beneficially be achieved the free exchange of labour between

—~ countries. The total number of alien entrants to the Western European

— could be estimated be the level of 500,000 annually during

states to at 0.14

this period with the exception of the East—West German movements

0.00 1

until the erection of the Berlin Wall in 1961.

E 2 4 5

Phase 2 1965-1972 the much renowned guest—worker

a: was cu .E Southern took and

m period, when active recruitment in Europe place,

when total annual inflows Western European countries swelled to to about 1.1 million. Phase 3 1973-1982 marked the beginning of the present period of restrictions, with annual immigration slackening down to entry 0.7 million. Phase 4 1983-1988 the of the asylum saw emergence mass phenomenon rise of total annual inflows 1.2 million.

a to

Phase 5 1989- characterised by the search for present new internationally harmonized solutions with respect to expected irregular flows in regional well in global context. During this a as as a period, annual inflows Western European have average to states reached the record level of 2.5 million figure

immigration increasing or not

As shown in table annual immigration volumes to Western Europe to be the increase in spite of heavier restrictions. seems on entry Hence, primordial question first be addressed in this regard a to whether there really rise of factual immigration to the countries a concerned which would international harmonization of warrant an takes place national entryasylum and of the establishment of joint the bulk immigration systems an irregular fashion. policy objectives. long—term migration As of fact, be possible that there a matter seems to to prove indeed increase of immigration Western Europe. All an gross to Western countries do since decades furnish data the European on annual registered immigration and emigration various international to These statistics, covering aliens and citizens in the organizations. in question, pertain all arriving leaving the country to persons or for period of least A precondition for such country a at one year. however, that the would have taken place registration entry according the rules of national legislation, i.e. that the to person would be in possession of form of entry permit arrival, some an upon where such entry requirements are prescribed. Data the registered immigration and emigration of foreign on citizens compiled and analyzed by the OECD since 1973. These are data collected within the framework of the SOPEMI system. On are the basis of these statistics, ICMPD has made calculations which

indicate that the accumulated annual immigration to Western gross stabilized during the period 1976-1983. This European states stabilization of the immigration restrictions was a consequence which introduced in practically all Western European states in were

the mid -1970’s, when economic recession, created by the oil crisis, was sweeping all over Europe.

The OECD statistics immigration into Western European on states constitute summing of the annual immigration statistics of a up each Western European State relating lawfully entering aliens. to These statistics also include who have the right free persons to movement within the EC and the Nordic free circulation areas. According to these statistics, total immigration to the Western European states EU and EFTA have fluctuated between 0.6 and 1.0 million annually from the mid -1970’s the mid -1980’s. The to variations the total annual immigration figures be attributed can to changes the business cycle. Of the total annual immigration to Western Europe, Germany has accounted for roughly 50 per cent. Immigration figures relate immigration; immigration to gross net has evidently been much lower, roughly corresponding 30-60 to per of immigration. cent gross However, during the past few years, registered gross immigration Western European tended gradually increase, in spite of to states to recessionary trends in the Western European economies. At the same time, emigration trends i.e. movements have return appear to slackened.

There accounting for the increase in are many reasons current total annual immigration. One the continued family reunion gross which allows family members join immigrant. Another process, to an the registration currently taking place of aliens who in fact reason immigrated 3-6 for instance asylum-seekers and illegal years ago, entrants, where registration legal grounds could take place no on Thus, the bulk of asylum-seekers who arrived between upon entry. 1987-1989 entered the population registries only in 1992-1993 when they were granted residence permits, either as refugees or on other grounds.

While the arrivals of asylum-seekers significant, in not were as the mid -1970’s, when total asylum arrivals in Western Europe annually amounted 20,000, the overall statistical effect of these timeto lags minimal. Today, however, the bulk of the factual annual were immigration of foreigners to Western European countries not covered the official international entry statistics, since thebulk of takes place in an irregular immigration fashion. Actually, only very few Western European countries include newly arrived asylumseekers their official population statistics and illegal immigrants are by definition not registered. This implies that official immigration

2 I4-0845 17

statistics today do provide picture of factual immigration not a true flows. Estimates have therefore be made of the volume of to nonregistered entries order the volume of total immigration to assess flows with accuracy. some As already has been mentioned, asylum-seekers do in not appear the official population statistics until after 3-6 About 80 years. per of all remain in the of application after cent asylum-rejectees country and of them later receive residence permits rejection, many on various addition the asylum—seekers, who thus grounds. In to are the official population statistics only with considerable registered in a still another of arrivals mostly all time—lag, new category are not at registered, namely displaced by the in Bosniapersons war The of citizens of Bosnia—Herzegovina who Herzegovina. majority have arrived in Western Europe since the outbreak of the have war been processed under the regular asylum system, but provided not are residence humanitarian grounds. This also temporary on category included in the regular immigration statistics of the not normally concerned. states Still third included in the immigration statistics, a category not people who have constitutional entry right to a particular concerns a

because of their ethnic links the such for

country to country as instance Aussiedler certain in former French and to Germany, groups

British colonies etc.. In reality, these of entrants several

groups hundred thousands share of the characteristics of other

a year most

and their arrivals have be considered in

immigrantsnon-nationals to

the framework of overall national immigration policies. there the illegal for whom only rough Finally, are entrants, estimates be made. With regard this of entrance, can to category an exercise has been initiated by ICMPD with the aim of better now the of these Data from border assessing magnitude movements. control authorities apprehensions, illegal trespassing, detentions on will be gathered and estimates annual flows will be made etc. on possible provide estimates flows of possible. Already seems to on illegal for than 3—6 months. When

entrants who enter to stay more

national authorities and international confronted with experts are these ICMPD estimates, the reaction usually that ICMPD largely underestimates the actual volume of illegal flows. all excluding illegal migrants, there thus For categories are various and partly overlapping statistical recording systems. separate Initiatives harmonize statistics have recently been taken. For to entry in with number of EU and EFTA e.g. Eurostat, co-operation a states has established Working Group the and with ECE, in early 1993 a on

harmonization of European migration and asylum statistics. however, evident that due to the exercise being cumbersome to

so

implement, overall assessments of changes in total annual migratory flows European be established until after long

to states cannot a very

period of time.

The table below table 1, which based ICMPD estimates,

on

indicates that, considering all categories, annual immigration to

gross

Western Europe to have increased from about 0.9 million in

appears

1985 to about 2.9 million in 1992, whereupon down to 2.6

went million in 1993. The reduction be the effect of several facseems to

tors: the asylum reforms in Germany and in number of other states,

a

the queing for Aussiedler and increased police

new system measures

against illegals.

As table 1 shows, the irregular portion of total annual immigration increasing considerably i.e. flows of asylum—seekers and displaced plus illegal entries. In fact, irregular movements accounted for 20 per

cent of total flows in 1985, 44 cent in 1989, 45 cent in 1992 per per

and 37 in 1993. clear that this portion of roughly

per cent seems one

third irregulars not will abate significantly during the next

years,

given trends.

present

Table Total annual and TA

factual immigration to Western Europe E U EF

in thousands

1985 1986 1987 1988 1989 1990 1991 1992 1993

Registered 650 720 760 910 1.080 980 1.020 1.240 1.380

immigration

Registered 650 720 760 910 1.080 980 1.020 1.240 1.380

immigration

former Yugoslavia

outside asylum proc.

Constitutional 50 53 101 217 392 417 239 252 242 immigration right Illegal immigration 50 65 55 90 150 210 280 370 350 estimate Total 915 1.033 1.089 1.438 1.936 2.041 2.1 35 2.922 2.593 ~

Table Asylum-seekers in OE CD-countries in thousands

1984 1985 1986 1987 1988 1989 1990 1991 1992 1993

72 133 161 124 162 231 340 451 564 469 EU states EFTA 27 35 49 59 83 94 103 126 82 states North America 31 42 61 102 123 113 1 17 144 175

Australia Total 130 193 238 234 323 437 547 671 834 726

With asylum—seekers, there has been increase regard to a constant the whole OECD region since 1987 table 3.

their number in see

stabilization occurred in 1987, result of reinforcement of Some as a control undertaken in the before. The measures many states year occurred in 1993, for similar however, probable same reasons. that there will be increase the total number of asylum— again an seekers in the EUEFTA in 1995-1996, due to expected flows area and the of effects of control mechanisms. For instance, the weakening

situation in the Balkans, presently giving rise to substantial asylum

flows both of and less genuine applicants, be expected genuine cannot

stabilize in the future. to near

The need for reform and international

harmonization

inflow trends in well regional Considering recent years as as current and global imbalances, immigration pressures on Western Europe are

bound increase. However, immigration and asylum policies in to Western European have been created under different most states circumstances. be recalled that Europe for long time the may was a main in the world, and only during the 1960’s emigration region region into immigration location. changed from an emigration a net also be recalled that the for immigration the greater the lack of international may present system cooperation .the greater the control in countries based legislation which has most European on . . immigration pressures will be 1920’s, and that policies and regulations have its roots the asylum the basis of the Geneva convention, basically developed on 1951 which negotiated under completely different historical again was a

context.

The following sections of this study will explain the intense reform activities immigration and asylum policies which at on are being carried out in all West European states. This reform present activity reflects the frictions between out—dated, not obsolete, immigration control and world environment, which systems a new conducive massive migration flows. to The possibility of regulating migratory flows in relation to the development goals of the respective countries and their receiving to capacities are closely dependent on international co—operation. increased international co—operation targeted towards the elimination of the basic of massive emigration and the causes movements, harmonization of policies and practices in Western Europe, entry there couldibe

chance

then reduce immigration a to pressures on there increasing that individual And conversely, the the lack of international awareness states. greater immigration inevitably increase the of massive co—operation in terms of eliminating basic causes flows and of harmonizing policies, the the immigration entry greater will be. pressures The comparative study presented in the following sections deals with the immigration and asylum policies in the respective countries and with policies and taken in these countries with not measures the provision of alternatives emigration by of respect to to way economic assistance, preventive political military action in countries or of origin, However, the concluding section IV the close interetc. relationshipbetween such external and the level and measures composition of immigration will again be underlined. The examination of the Western countries covered this study clearly indicates that all of these countries increasingly seek to link on side external with view from one measures a to prevent movements occurring together with the other side internal to on measures control inflows. At the same time, many Governments have tentatively started discuss how adjust national control allow for to to systems to realistic immigration levels, since there increasing that awareness immigration inevitably increase. Therefore the necessity of better steering these flows into orderly channels gradually enhanced the debate of the studied countries. in many

COUNTRY OVERVIEWS

As mentioned in the preface, the overviews aim at presenting country and of developments in the field of short journalistic overviews entry and in each studied, rather than control asylum policies country a and full of all relevant data. systematic coverage

EU EFTA countries

and

The control of the countries which members immigration systems are of the Union EU and the European Free Trade Associa- European have developed in parallell during the tion EFTA historically and have much in As of 1994 the State present century common. joined in the

members of these two groups except Switzerland have

establishment of single of the EES—agrecment,

one area as a part

circulation and of nationals of all the allowing the free employment within the The EES—countries also member states joint area. are the control of invited to observe special rules concerning entry non-

EES nationals. The EU members strive together since 1986 to establish coma external border and harmonized asylum policy. Howmon system, a work still and binding have ever, this ongoing no agreements yet concluded this With the probable of four of the been in regard. entry

EFTA Finland, Norway and Sweden into the EU in

states Austria, external border of Europe 1995, this potential common system

would further be expanded. Between the EFTA such, there are no special arrangestates as for border control with non—nationals ments allowing joint respect to such exists since 1957 the of EFTA states. However, a system among five Nordic Denmark, Finland, Iceland, Norway and Sweden. states circulation Nordic

Denmark part of two free European zones the

and the EU. The EES—agreement, well the draft EU zone as as memof Finland, and Sweden, allow for bership agreements Norway

bridging arrangements to ensure the linkage between these two overlapping European free circulation zones, i.e. the EES EU zone and the Nordic zone.

Austria

Sweden, Switzerland and Austria have each approximately the same population, but Austria has until recently presented particular a case in comparison to Sweden and Switzerland with regard the general to thrust of immigration policies. The development during the last three implies, however, that Austria has undergone transformation years a from East-West refugee transit country immigration a an to an with policies similar those of other European country to many countries. Between 1945-1990, than three million foreigners mainly more from Eastern Europe arrived in Austria for shorter longer resior dence. Of these, 650,000 have transited in organized an manner to other countries, largely the immigration countries. The to overseas emigration of Austrian citizens, which had started before the World War II, continued after the due the economic conditions in the war, to country. Today there are approximately 100,000 Austrians employed in Switzerland and Germany. The emigration of skilled brought about labour shortage persons in Austria in the 1960’s, and led to guest-worker migration especially from the former Yugoslavia, Italy, Spain and, later Turkey. A on, system for quota intake of guest-workers established under was tripartite between the Government, the employers and agreements the trade unions. The size of these annual Kontingente quotas was agreed the basis of analysis of the labour market needs in upon on an specific regions and sectors, whereupon employers concerned were granted permission recruit specific number of foreign workers. to a The Kontingente-system later modified by of law was way a new the employment foreigners, enacted in 1975. During the 1980’s on on about 50,000-60,000 such permits distributed annually were to employers for the recruitment of foreign labour. The political liberalization in Eastern Europe in the late 1980’s led sharp increase in the number of arrivals to a spontaneous to Austria coupled with the reduced inclination of the traditional re-

ceiving countries USA, Canada and Australia the transfer

to accept of these people from Austria since they longer could be defined no as political refugees. This situation induced Austria to introduce a

radical change of the immigration policies, and intensive reform work began 1991 below.

see

According to estimates, there are presently 700,000 foreigners in the representing 9 of the population. About 520,000 country per cent of these registered for residence of

are permanent about 80 per cent

whom having been granted about a one— or two—year permit, 70,000 mostly citizens of Bosnia—Herzegovina have been accepted for temporary residence since the outbreak of the in former Yugoslavia war and estimated number of 100,000 foreigners mostly Eastern an Europeans reside in Austria illegaly. The bulk of the registered foreign population from former Yugoslavia and Turkey. In addition to the 700,000 foreigners, there approximately 3 50,000 immigrants are who have acquired Austrian citizenship approximately 10,000 are naturalized annually. Since the mid -1980’s the number of asylum-seekers tended to increase. Approximately 70 arrived from Eastern Europe. per cent However, result of the radical reforms of the asylum in as a system the number of asylum-seekers, also from Eastern recent years, Europe, has decreased substantially. The changes in the East, well the necessity revise the as as to Austrian aliens legislation result of the EES-negotiations, led as a to overhaul of the Austrian immigration policy, announced in an a Government package in 1991. This package announced the introduction of four laws: relating the reception of asylum-seekers new one to Bundesbetreuungsgesetz, in force in August 1991, one specifying the asylum criteria Asylgesetz, in force in June 1992, which replaces the previous law of 1968, general regulations for the of one on entry foreigners Fremdengesetz, in force in January 1993, replacing the

1954 Aliens Law and law residence permits in force injuly

a new on 1993. This whole legislative framework, accompanied by a new Government administration for its application, characterized by effective policy plan the annual intake of immigrants an to consonant with the actual reception capability of the In this the country. respect, Austrian policy most interesting in general European policy new a

Table Officially registered asylum-seekers

from

East Europe to Austria

1987 1988 1989 1990 1991 1992 1993

Eastern Europe 80 % 88 % 72 % 67 % 62 % 67 % 51%

perspective. The Government has, the time, taken certain

at same

initiatives the European level seek similar international

at to to start a

planning Thus, the establishment of European Migration

process. a

Convention suggested by Austria in February 1993 the

was at

Budapest Ministerial Conference East-West uncontrolled

on

movements.

The be summarized follows. New rules new entry system may as

have been introduced which define the distinction between foreigners who reside legally in Austria tourists residents and other for-

as or

eigners. Measures against illegal migration and the smuggling of aliens have been reinforced. First time tourist-visas only be

can

extended through the Austrian Embassies. Carrier sanctions have been introduced for companies transporting non-documented for-

Figure 2. Officialy registered asylum-

eigners. An important change the residence law which

seekers, Austria estimated number new states

thousands that all foreign citizens who for than six months in Austria,

stay more

who exercise professional activity, should be in possession of

or a a 30.-

residence permit within the framework of for first time

a quota

permits, which annually decided in between the Govern-

25 agreement

the employers, the trade unions, the chambers of

ment, com—merce,

20 the regional authorities and economic planning institute. Residence

an

permits refugees, frontier workers and those covered by the EES-

to 15counted in the For 1994, total of agreement are not quota. a quota

27,800 places has been established, of which 11,500 places refer

10 to

aliens born in Austria and 16,300 immigrants including

to new

family members and students. The workers free take

guest are to any

employment in the specified for which their permission

sector

issued. Foreigners who have long been in Austria with unclear status

l D O C oo w oo G5 O O G O have from abroad for within the

F V 1 V to apply a permit quota. Asylum-seekers for obvious not covered by this

are, reasons,

planning However, the newly introduced reception

quota system.

also based special planning related the reception

system on to

capacity of the and its regions. The aim of the system to

country

bring about decentralization of the reception of asylum-seekers to

a

small hotels currently about 200 and private homes. The nine Lander have been assigned reception quotas which have been decided in proportion their total population and the number of already

to to

residing foreigners in each Land. The originally conceived

system was

for 20,000—30,000 applicants and in spite of the significant number of people who have arrived of the in Bosnia-

as a consequence war

Herzegovina has functioned well. At there 3,500 asylum-

present, are

seekers and from Bosnia—Herzegovina in the reception

37,000 persons

system.

The new asylum law aims at accelerating asylum procedures. recognizes the definition of the Geneva Convention the sole as criterion for asylum but allows for protected the of a stay return rejected applicants impossible for and serious reasons. grave Asylum be granted applicant he already enjoys safety not to to an from persecution another has had his application country, or rejected another which also adheres the provisions of country to the Geneva Convention. An asylum be rejected the request can asylum—seeker co—operative in of checking his identity. not terms UNHCR automatically obtains of all incoming asylum a copy applications and entitled inspect the file of asylum The to any case. integration of refugees who have been granted asylum in Austria provided through the services of special foundation. A Federal a new Asylum Agency Bundesasylamt, with local offices, has been seven created. A special appeal instance for asylum has also been cases established.

Denmark

During the 1950’s immigration into Denmark was relatively insignificant and consisted primarily of citizens from the other Nordic countries. This trend changed in the 1960’s when there was an increase of immigration of labour, particularly from Turkey, former Yugoslavia and Pakistan. At the end of the 1970’s 15,000 Turkish, 7,000 Yugoslav and 6,000 Pakistani citizens living in Denmark. were In the mid -1970’s Denmark followed other West European countries introducing restrictive immigration policies concerning more foreign labour, in particular through law adopted in 1973. Due a new the rise in family reunions the total number of aliens in Denmark to increased from 100,000 in 1980 to 180,000 in 1993 approximately 3.5 cent of the total population. In addition 25,000 foreign citizens per received Danish nationality. Despite the restrictions entailed in the 1973 Act, immigration continued reach rather high level and in 1983 Aliens Act to a a new adopted. Through this law, aliens having resided in Denmark for was considerable granted improved legal rights. Furthermore, a time were Directorate for Aliens created under the Ministry of Justice a was as

well appeals authority for asylum applications the Refugee

as an Board. The Aliens Act of 1983 also introduced refugee a new conaddition the Geneva Convention i.e. de facto cept to concept, refugee The table below shows that the number of asylumstatus.

seekers increased after the adoption of the Aliens Act of 1983 and the

introduction of de facto status. Figure 3. Officialy registered asyum- and this increase led

In 1985 1986 to changes in the Asylum Act,

seekers, Denmark estimated number

aiming better controling arrivals and making asylum

at new at proin thousands

ceedings efficient. Among the introduced

more new measures were

the full application of the principle of first of asylum well

16 country as —

carrier sanctions. Furthermore, the Minister of]ustice entitled

as was leave this deemed to be of fundamental imto grant to stay was

portance for humanitarian reasons. An additional change in the legislation made in 1991 in order allow for the ratification of

was to

the Dublin Convention.

In the of 1991 the Minister of Justice presented

autumn a report

the Danish aliens policy Parliament. Against the background of

on to

the increasing immigration suggested that Denmark

pressure was

would adopt comprehensive policy in this regard. The also

a report

contained general description of trends and underlined the

a recent C’

O need for reforms. The resulted in further legislative changes in

O report v-

1992, which restrictions family reunification and

among were as to

with asylum-seekers who unwilling with

respect to are to co—operate

the asylum authorities such restrictions of the freedom of

as move-

ment in of of the asylum-seeker to hearings,

case non-appearance

introduction of the possibility of fingerprinting etc.. In connection with the change of Government in 1993, aliens and asylum transferred from the Ministry of Justice the

matters were to

Ministry of Interior. In the of 1993 the Minister of Interior

summer

presented a report which, among other things, proposed the creation of European Refugee Commission and increased assistance to refuthe region of origin e.g. in former Yugoslavia, further

gees

elaboration of the concept of protected for

temporary status persons

from Bosnia-Herzegovina, well number of other In

as as a measures.

1994, emphasis has been made the speeding of asylum

on up procedures.

Finland

Among the studied Nordic countries, Finland special

presents a case,

the has started to experience considerable immigration of

as country

foreigners only in recent During the period of 1945-1991,

years. a

total of 500,000 citizens of Finland moved Sweden with

over to a

peak in 1969-1970, of whom just half have returned Finland.

over to

At the beginning of the 1980’s, the return of Finnish citizens

was

larger than emigration. At the time the immigration of foreign

same

citizens started increase. The immigration from non—Nordic

to countries Finland amounted to13,000 in 1990. As result of the to a the Finland has received 9,000 Finnish nationals

changes in East,

from the former Soviet Union of Which, however, only 40 per cent

speak Finnish. The number of foreign subjects in Finland amounted to 26,300

in 1990 and increased 35,000 in 1992, of which quarter to a were citizens of other Nordic countries. In 1994 the total number of for-

eign residents in Finland had increased to 56,000. Before the arrivals of asylum—seekers Finland started

to to

increase the end of the 1980’s, the Government had already decided

at

the intake of refugees. About 200 to give priority to quota— quota-

from Latin America received 1973-1977 and 400

refugees were

Indochina in In the mid —1980’s, annual

refugees from 1979-1985. an established. The annual refugee-quota was

quota—arrangement was

raised from 130 in 1986 500 in 1990. However, this policy of

to

organized refugee intake has increasingly been challenged by the arrivals of asylum—seekers during the last unexpected spontaneous

years.

The increase asylum immigration in has led to

Figure Officialy registered asylum- recent years a

seekers, Finand estimated number revision of the Aliens Act of 1984 and changes in the Aliens

to in thousands. Ordinance of A Aliens Act decided in 1991 but 1988. new was upon

revised The refugee criteria of the 1951 Geneva was already 1993.

4..

Convention incorporated in the Act. A special clause for de

were 35 The

facto has also been introduced in the Finish legislation.

status

3.. Aliens Act provides for the application of the safe third country

new

As safe countries considered all Council of Europe

2,5 concept. are

member which have signed the 1951 Geneva Convention with-

2.. states reservation well other countries which the

out geographical as as

LS-deem be safe. This has led decision that the Government may to to a countries be considered be safe third countries:

following can to Austria, Belgium, Cyprus, Denmark, France, Germany, Greece,

Iceland, Ireland, Italy, Liechtenstein, Luxemburg, Netherlands,

O‘-m: 5 ; ‘

Poland, Slovenia, Switzerland, Sweden and United

Portugal,

såå

Norway,

of asylum—seekers has been Kingdom. Finally, fingerprinting

introduced.

France

Amon the Western Euro countries France has held g st P ean an

exceptional until the mid —1970’s, due to its traditionally n i

position

attitude towards immigration, which has its in the positive roots

French revolution. As early in the 1920’s the included as country a significant immigration surplus as a factor its long-term economic planning system. The ties to former French colonies have contributed this traditionally

to positive attitude towards immigration. During

the de—colonization period, than million more two people from the former colonies migrated France. to During the 1950’s and 1960’s, labour signed with agreements were Portugal, Spain, Italy, Morocco, Algeria and Tunisia. The positive attitude towards immigration, in combination with generous naturalisation laws, has resulted in situation where a immigrants foreign—born and aliens born in France account for about 8 million, making 14 of the total up per cent population of France. As third of the population of France immigrants, one are or children grandchildren of immigrants, France, or together with Germany, of the important immigration countries in one most Europe. France has larger proportion of foreign-born than a Germany. But during the last few years Germany has both in relative and absolute numbers larger immigration intake than France. a During the last decades the traditionally attitude towards positive immigration in France has changed into a more reserved one. This due several factors. The 1945 law, which included forto positively mulated clauses for immigration and assured the immigrants a special legal position, came under reconsideration after the 1974 oil crisis and the following recession. Thus, that the Government resolved year to stop the recruitment of foreign workers and only allow immito

gration of close family relatives with a temporary admission halt for year and also to repatriation. This sudden change of policy

a support immediately caused an increase of illegal immigration, above all from North Africa. Hence, reform package launched 1981, a new was aiming on hand to strengthen the rights of immigrants in France one permanent and the other hand strike harder illegal on to against immigration. estimated that there approximately 400,000 illegal aliens was were on the French labour market. A regularization carried programme was out the of 1981. Approximately 150,000 aliens without summer permits appeared and registered with the authorities, and of them 131,000 were granted permits. Thereafter, a law introducing sanctions against employers who employed illegal immigrants was adopted. However, illegal immigration continued, whilst at the time same asylum inflows increased. The number of asylum-seekers increased from 15,000 the beginning of the 1980’s record number of at to a 60,000 in 1989.

Figure 5. Officialy registered asylum- Due the illegal inflow and the rise in the number of asylumto seekers, France estimated number seekers, the immigration issue has played prominent role in French a in thousands politics from the mid -1980’s. However, by international comparison 50.. the official annual gross immigration to France during the last decade has been particularly high. Immigration has amounted not to approximately 80,000—150,000 asylum-seekers included. As per year result of the overburdening of the asylum reform package a system, a launched in 1991. Extensive financial, material and staff was resources allocated the asylum authority OFPRA, which under the were to responsibility of the Ministry of Foreign Affairs. The right for asylum-seekers work withdrawn, the list of visa requirements to was enlarged, the fingerprint checking of asylum-seekers intensified, border controls strengthened and sanctions against employers

introduced. Soon after the change of Government in the spring of 1993, the Minister of Interior launched zero immigration package which a Parliament. the constitutional of the was passed However, status unclear for while, since the Constitutional Council package was a declared of the approved legislative amendments being in parts as conflict with the Constitution. In particular, the asylum clause of the 1958 Constitution, which has its in the 1789 revolution present roots

declaration and which stated that any person who persecuted for action in favour of liberty, has the right asylum in the Republic,

to said be in contradiction with application of the country of was to any first principle. A debate therefore initiated in the asylum was autumn of whether the Constitution would 1993, as previously in Germany, have be changed to render possible for France to ratify the to and Dublin In November 1993, the French Schengen agreements. Parliament reached compromise the issue, implying that the a on general asylum clause in the Constitution would remain unchanged but legislation would be introduced allow for the return new so as to of countries of first asylum, in accordance with the asylum-seekers to requirements of the Schengen and the Dublin agreements. Moreover, the package introduced stringent rules new more the family reunion policy. The waiting time for concerning an close relatives extended from The immigrants was one to two years. obligation the financial for next of kin to guarantee support was The possibility of uniting families would after sharpened. cease a certain of time, according to the legislation. Further, amount new permanent residence permits would not be issued automatically after number of other also 10 years, as previously. A new measures was introduced.

Germany

From the denominator for the immigraoutset a common post-war tion policies of Switzerland, Austria and Germany the need for was foreign labour. Although Germany introduced a general immigration stoppage for foreign workers in the autumn of 1973, certain a number of foreign workers still allowed The majority was to come. of the immigrants after the entry halt of 1973 however, family were, members of workers who had arrived earlier, asylum—seekers and of German origin coming from various Eastern European persons countries. With the immigration of these four categories taken together, Germany the important immigration in most country Europe. Despite this, Germany officially still does not consider itself immigration country. This discrepancy between policy and reality an important characteristic of the German situation in this regard. an Presently about 6.9 million foreign residents are registered in Germany 1.9 of whom from Turkey and about 1.2 million from former Yugoslavia. About of the foreigners have been 50 percent living in Germany for that The German naturalization more 10 years. rules rather strict and therefore only about 900,000 immigrants are have obtained German citizenship. The first of immigration arrived immediately after the wave Second World War. Between 1945 and 1950 total of 8.3 million a people, of them of German origin, moved to Germany. At the most beginning of the 1960’s, the of West Germany expanding economy was and the erection of the Berlin Wall in 1961 led diminishing supply to a of labour. Consequently, bilateral recruitment agreements were concluded with almost all southern European countries. Most recruitment took place between 1968 and 1972, whereby the foreign labour force Germany increased from million increase of the share

1.0 to 2.6 an

of foreigners from 5 12 of the total labour force. In 1973, to per cent when restrictions immigration introduced, there already on were were 4.0 million aliens in Germany. However, the restrictive measures taken result of debate, which had been developing

were the a over

several years,on the negative effects of the immigration of guestworkers. Thus, said that the immigration of family members was led to significant additional costs in terms of social assistance and education. also said that the recruitment of foreign labour was a force had led postponing of the much required re-structuring of to a German industry, resulting in weakening of German economic a competitiveness. Finally, certain resistance towards foreigners had a started be felt the domestic population. to among

The which thus introduced in 1973 included measures were a

special employer for the hiring of foreigners well restrictions

tax as as

concerning the rights of family members to enter the labour market: family members only after two residence in Germany

were years allowed work. Furthermore, decided that towns with to was more

than 12 foreigners should be considered saturated. Fi-

per cent as

nally, jobless foreigners offered extended repatriation assistance.

were

All these had, however, only little effect the further

measures on

entries of foreigners, mainly due the continued family reunion

to

process.

In addition, phenomenon emerged in the of Turkish

a new as case

guest—workers, who werealready staying irregularly in Germany and started avail themselves of the asylum their

to system to ensure

continued stay in the country. Therefore, the number of asylum applications considerably in the of 1980 and 1981. This

rose years

again led the introduction of visa obligations and other special

to

control for Turkish citizens. Consequently, the number of

measures

asylum applications declined, but only temporarily. Since 1983, the number of asylum applicants has continued increase, reaching

to a

peak 1992 with 438,000 applications. Following the new legislative

package of 1993 figure 6, a decrease was again registered in 1993.

Figure 6. Officially registered asylum- Austria, the Central and had

As in changes in Eastern Europe a

seekers, Germany estimated number

significant impact the composition and size of migration flows to

thousands on

Germany. In the late 1980’s, 40 cent of the asylum-seekers

per were

450 from Central and Eastern European countries, and the Ubersiedler,

a.

400 i.e. from East Germany who succeeded the border

—— persons to pass to

350 West Germany, amounted 20,000—30,000 In 1988 their

- to per year. i number reached 40,000 and in 1989 until the fall of the Berlin Wall in aoo

October, 340,000 East Germans had arrived West Germany. The

to 250 a.

number of Aussiedler, i.e. of German origin in Central and

persons 200 --

Eastern European countries with constitutional right to come to

a

Germany, amounted 78,000 in 1987, 203,000 1988, 377,000 in

to

1989 and 400,000 in 1990. In addition, the illegal immigration from and via neighbouring Poland and former Czechoslovakia increased

; : 5 from 1990 onwards. 0 CD

O This development led the introduction of number of

V to a measures achieve efficient control of inflows. With respect to to more

Aussiedler, law of 1993 introduced annual ceiling for the

a new an

number of persons to be accepted. Only 225,000 Aussiedler per year

would be allowed Germany and the would have to

to enter rest

queue, in the countries of origin, to obtain entry permit at

an

3 l4—0845

about 750,000 in this queue. Social assistance

present persons are entry allowances for Aussiedler also reduced. Hence, the number were

of Aussiedler arriving in 1993 only about 240,000. At the

was same

time, efforts undertaken in the regions of origin, particularly in

are

the Russian Federation, with view improve the living conditions

a to for the German minorities there. In 1992 German contributions to this end amounted about DEM 180 million and in 1993 to about to DEM 250 million.

Simultaneously, the German Government offered

temporary

job possibilities in Germany for potentially redundant labour in Central and Eastern Europe, alternative uncontrolled migra-

as an to

tion. These included places for guest-workers

programmes

approximately 4,000 in 1992, seasonal workers about 210,000 in 1992, hired by foreign sub-contractors about 123,000 and

persons

frontier commuters about 12,000, mainly Czechs. The development

of these dynamic and led to another discussion

programmes was on

the risks of in connection with guest—worker

permanent stay, pro-

grammes.

Over the last the important issue in the German

years most

migration policy debate has been the asylum issue. The basis for the entire German asylum Article 16 of the 1949

post—war system

Constitution, stipulating that persons who are politically persecuted

have right asylum in Germany. The German asylum processing

a to

of highly character and negative asylum decisions

system a udicial

subject appeal various tribunals, the Federal Constitutional

are to to

Court the highest appeal authority. As long the number of being as asylum applications did exceed 5,000 the system

not cases per year, functioned well. However, when the annual number exceeded 100,000

the burdened. This led various political initiatives

cases, system was to

amendment of Article 16. This debate only concluded in

on an was

May 1993 when Bundestag the Parliament decided

on a com-

the effect that Article should remain unchanged, but promise to 16 Article containing certain restrictions

supplemented by a new 16a, to

Article 16. The legislation went into force in July 1993.

new

This Article that arriving in Germany via

new 16a states a person

another EU-State in which the application of 1951 Geneva

or a state

Convention and the European Convention of Human Rights safeguarded, has right asylum in Germany. All EU and EFTA

no to

well Poland and the Czech Republic considered safe

states as as are as

third countries. The legislation also introduced the of

new concept

safe of principle. Asylum applications of citizens of country origin in

these countries should be considered manifestly unfounded and as only in the of special circumstances should they enter into the case normal procedure. The following countries considered safe are countries of origin according the legislation: Bulgaria, The to new Czech Republic, Gambia, Ghana, Hungary, Poland, Romania, Senegal

and the Slovak Republic. Some further reforms have also been introduced with View to a render better control of flows of asylum applicants. Among them substantial increase of the staff of the Federal Agency for the a Recognition of Foreign Refugees, which the first instance in asylum The has its headquarters in Nürnberg matters. agency Zirndorf. Its staff has been increased from 350 in 1985 to 5,500 in 1993 the regional offices. Thus, the handling of including new cases in first instance has been decentralized well the reception system as as for asylum-seekers. Since January 1993 all undocumented asylumseekers being fingerprinted and, they arrive by air, they are not are allowed leave the airport the first three weeks. to The second instance procedure has also been streamlined. Finally, readmission have been concluded with Poland and agreements Switzerland and negotiations with the Czech Republic underway. are As result of all these the number of new asylum-seekers a measures has been substantially reduced. The total number of asylum arrivals 323,000 in 1993 and only 62,000 the first six months of 1994. was

Netherlands

The of the Netherlands composed of immigration policies are a of elements and difficult characterize briefly. The variety are to Netherlands still colonial and its colonial past has deeply a power influenced the of immigration. Of the 1.2 million foreignstructure born who live in the almost 40 originate from the country, per cent Dutch ex-colonies Indonesia and Surinam and from the present Dutch territories in the Caribbean. At the time, the Netherlands, same like Germany, Austria and Switzerland, has also been recruiting foreign workers, mainly from Turkey and Morocco. A large amount of foreign from other EC-countries have also arrived. experts The of from the ex-colonies those largest group immigrants are from Surinam. They number about 263,000 and of them most are

Dutch citizens. Most of them between 1975 when Surinam

came

declared its independence and 1980 when the general right for

Surinamese the Netherlands end. There to immigrate to came to an

also about 90,000 immigrants from the Dutch Antilles in the are Many of those who from the former colonies have country. came difficulties in integrating in the labour market. The great unemployment of the Surinamese immigrants about rate now amounts to 20 per cent. There total of 779,000 foreign citizens residing in the are a coun- Turks and Moroccans for half, which corresponds try account to 5 of the population. The immigration of foreigners in per cent gross 1993 88,000. Turkish citizens accounted for 8,000 of the was sum while citizens of Surinam for 6,000. In 1992 than 4,000 Dutch more citizens from the Dutch Antilles immigrated. The Netherlands one of few countries which from the included asylum-seekers in outset the statistics, irrespective of their legal status. However, from entry 1994 asylum-seekers will longer be automatically included in the no immigration statistics. The immigration legislation, still valid today in basic respects, adopted in 1965. Three Ministries have traditionally been was responsible for the application of the immigration policy: the Ministry of Justice responsible for aliens and asylum policy, the Ministry of Foreign Affairs and the Ministry of Welfare responsible for the reception of asylum-seekers. The influence of the Ministry of Foreign affairs asylum-cases decreased through administrative over an reform 1992. The Ministry of Interior responsible for the active

Dutch minority policy introduced 1983, which aims at strength-

ening the cultural rights of immigrants and the ethnic minorities. In the Netherlands, the Ministry of Development Assistance has also traditionally played important in the shaping of migration an part policies. A larger development project, initiated by the Ministry, was carried the end of the 1970’s with the aim of creating job out at openings for returning migrants in number of Mediterranean a countries. In policies have been revitalized through recent years, return certain There for instance, special return programmes. a programme for retired immigrants from Turkey and Morocco, carried out under the responsibility of the Ministry of Social Affairs and Employment. Given the geographical position of the Netherlands and its high standard of living, illegal immigration has increased heavily during the last decades. Two regularizations of illegal immigrants have taken

place: 1975 when 10,400 received status and in 1981. During the

second half of the 1980’s, irregular immigration increasingly took the shape of asylum immigration. Most of the asylum-seekers in recent have arrived via neighbouring countries, mainly from Germany. years

For several the asylum issue has been important issue in the

years an

Dutch domestic political debate.

Figure Officially registered asylum- The number of asylum—seekers continued increase 1984-

to

Seekers Netherlands estimated wmbe introduced and the number of

1987, whereupon restrictions were

in thousands lications . . decreased. Nevertheless . istered . a a new increase was re g a

thereafter, followed by in 1991. For the third time,

new measures 40 -

there has been increase, in spite of various

a new strong new measures, 35 0 and the number reached in 1993 the record total of 35,400.

30 of w In 1992 administrative reform carried with the aim an was out

25 streamlining the reception of asylum—seekers. All asylum—seekers

are

20 accommodated by 13 regional asylum and only there the

-- centers can

asylum application be handed in. As result, the processing time at

a 15 .

the first instance has been shortened month. One of the asylum

to one 10 , established close the of Amsterdam

has been to airport

centres 5

0 Schipol, intended for applicants whose claims be manifestly

appear to

0 unfounded. ‘

i g N m

m m å å § far there have been three asylum instances in the Netherlands, So still the in Germany. Appeal the first instance decision

as case over

handled the Ministry of Justice. the second instance deci-

was

sion also negative, the applicant would have been able to turn to

was

special administrative Supreme Court Raad State. The

a van new

appeal system, however, restricts the possibilities to appeal to only instances. A special authority, the Immigration and Naturalization

two

Service within the Ministry of Justice INS, established in 1994

was

INS also responsible for first instance asylum decisions. Further, special asylum appeal authority has recently been established.

a

In view also of the application of the Dublin and Schengen agreethe Whole Dutch asylum system has recently been reformed.

ments,

In December 1993 the Dutch Parliament decided certain revision on a

of the aliens legislation of 1965. The authorities will be able

now to

handle manifestly unfounded applications a more expedient manner. with false identity documents and applicants who Asylum-seekers arrive via safe third countries might be considered inadmissible. The Netherlands of introducing legislation safe thereby on its way on third countries and safe countries of origin which basically correspond

those of Germany. However, the Parliament has still decided

to not

these changes.

on

The considerable increase of the arrivals of asylum—seekers the

at

end of and the beginning of during the half

1993 1994 about 26,000

of 1994 only, has prompted the Dutch Government undertake

to

further better control the flows. In addition to the measures to

introduction of the safe third country concept legislation implying that undocumented applicants would be denied the processing right has also been drafted. Also other radical considered measures, have been taken. necessary,

Norway

The first aliens legislation in Norway adopted in 1927, the was at time when corresponding legislation introduced in same was a number of European countries. The legislation revised in 1956, was with view better regulate the intake of non-Nordic labour. By a to that time, about 25,000 foreigners residing in Norway, most of were whom from other Nordic countries. were Until the beginning of the 1970’s, non-Nordic citizen who every had received employment offer in Norway also less an was more or granted time—limited labour permit. The increase of automatically a immigration of labour applicants, notably from Pakistan, spontaneous India and Turkey brought about revision of the policies in 1971. a This revision introduced the reception possibilities in Norway as a main criterion for admitting labour migration. Following the economic recession the Government proposed in the in 1974, a one—year stop of labour permits recently arrived non-Nordic granting new to These regulations which entered into force in February immigrants. consolidated with amendments in 1981, and still 1975, were some are valid. the rule labour permits made for Exceptions to not to grant are certain non-Nordic staff hired by the oil industry well experts, as as for who have received refugee-status who have been foreigners or residence for other The introduction of granted Norway reasons. the immigration in 1975 resulted in stabilization of the stoppage a annual of non-Nordic subjects Norway the level immigration to to of 12,000—14,000, of whom about half gain to the labour access market. Since the beginning of the 1950’s the number of foreign subjects in Norway has quadrupled. Today, they number 150,000 3,5 per of the total population, 113,000 of whom non-Nordics. An cent are active for the integration of immigrants, similar the in policy to one Sweden, has been carried in Norway since the mid -1970s. out Since the mid —1980’s, in Sweden and Denmark, the number of as has increased. record number of nearly asylum-seekers In 1993, a 13,000 arrived. The increase in the number of asylum-seekers the mid -1980’s led extensive reform activities. A for the local reception of to system

Figure 8- Officialy registered asyum- asylum-seekers and refugees already introduced the beginning

was at

‘9eeke’s Norway estimated umber of the 1980’s. The total administration for aliens, refugee and inte-

In thousands

. reorganized . . 1988, whereby Directorate . of

gration matters was in a

Immigration UDI established under the Ministry of Local

was 14 —-

Government and Employment. Yet, the Minist of Justice

12 -- which the responsible department for the aliens legislation. The

10 Directorate of Immigration presently has staff of 315.

-- a

A Government bill with guidelines the future immigration

on

policy submitted Parliament in the spring of 1987. A

was to new

Aliens Act into force in 1991. The policy changes implied

went a

reinforcement of the immigration control and included reform

to

accelerate the asylum processing goal of months for the

a 3-4 pro-

cessing in first instance established, well stringent

was as as a more

application the of first asylum principle and certain

country $|ODl®OOv-01¢’

O QQWQGDODOJODOJ of the visa policies. At the time, the annual for O:O3OJOO30OJOOO503 adaptions same quota

V‘7—V—V—V'7—V—

the organised transfer of refugees Norway raised from 700

to was

places in 1986 1,000 places in 1992 and emphasis set in-

to was on

creased efforts, the of Norway, international co-operation

on part on

to prevent refugee movements from occurring. Measures better control the flows of asylum—seekers were

to introduced in 1992, others with view facilitate their idenamong a to

tification through fingerprints Moreover, aliens ordinance

etc. a new

into force in January 1994. Through the ordinance the of

came entry

EU—citizens, consistency with the EES—agreement, liberated.

was

In 1993 various elaborated by inter—Ministerial working

reports,

suggested development of the refugee policies of Norway.

groups, a

In there proposal comprehensive refugee policy,

one report a on a

including preventive in the countries of origin. In another

measures

suggested that Norway should introduce the concept of

report,

protection in its asylum legislation. The reports

temporary are

currently under consideration by the Government.

Sweden

Until the beginning of the 1930’s Sweden country of emigra-

was a

tion. Most immigrants of that time Swedes returning from the

were

United States. Immigration of non-Swedes increased only in

connection with the Second World War. At the end of the 200,000 war

refugees from the neighbouring Countries had arrived in Sweden.

Most of them later left the country.

Immigration of labour dominant during the 1950’s and

was

1960’s, facilitated by the joint Nordic labour

1954 agreement on a

market. Since then citizens of Nordic freely, without a country can application, take residence in neighbouring Nordic country. Gross a immigration during the 1950’s amounted to about 260,000 persons, with considerable increase the following decade also involving a workers from Southern Europe and their families. Approximately thirds of the immigrants from other Nordic countries. In two came 1970, labour immigration culminated, with inflow of 73,000 an Immigration from the other Nordic countries, notably persons. Finland, then also reached its peak. Here and below figures refer to official statistics. A labour immigration for non-Nordics introduced stoppage was in Sweden in the early 1970’s. However, immigration for family reunion and asylum increased and, Nordic immigration continuing, annual inflows after the remained rather high the of the stoppage rest decade, 32,000—40,000 resulting in total inflow of or persons, a 377,000 in the 1970s. During the second half of the 1970s, immigration from the Nordic countries for the first time lower than from was world. the rest of the Gross the 1980s reflects the general flows of immigration asylum-seekers with afterwaves of family reunions, in total numbering 338,000 In 1989 the highest immigration figure since persons. gross 1970 recorded, 65,000 The successively almost towas or persons. tally changed national composition of new immigrants was highlighted when, in 1985, for the first time the share of non-European immigrants larger than the share of European immigrants. was At early Sweden introduced for the coordination an stage, a system of asylum and integration policies. The Swedish Immigration entry, Board, responsible for with monitoring task concerning these or a three the implementation level, established in 1969. areas at was Given additional administrative tasks in 1985, major reform of at a of asylum-seekers and refugees, the the system for the reception Board reached staff peak level of 5,161 in 1993 incl. clearance and a residential centres. At the Ministerial level, the Ministry of refugee

Culture and Immigration responsible for policy co—ordination in

1991 replacing the Ministry of Labour in this regard. In 1993, approximately 835,000 foreign—born lived in persons Sweden, which corresponded nearly 10 of the population. to per cent About 430,000 immigrants naturalized, naturalization policies are liberal since the 1970’s. More than 400,000 the majorbeing persons, Swedish citizens, born in Sweden having least immiity are at one

grant parent.

Officially registered asylum- A basic characteristic of immigration Sweden in recent Figure 9. to years Swede estimated umber flows and ensuing

§°°ke’s that mainly the result of spontaneous asylum

in thousands - issued family . . Of the 237,800 residence . . which . . reunion. permits were during the period 1984-1992, much 93 cent granted on as as per were family, humanitarian or asylum grounds. Looking at 1993, corre-

about and The intake sponding figures are 59,000 96 per cent. quota

part of these figures marginal. waiting-times for applicants staying in residential Facing long and stressing the need the the Swedish centres to ease pressure on Board time of both major administrative change and Immigration at a Aliens Act in July 1989, the Government in May that a new year established guidelines. Thereby long—staying than 18

new more families with children would generally months applying get perma-

residence humanitarian grounds. During the second nent permits on half of 1989 approximately asylum—seekers arrived during as many as the whole of 1988. The strengthened administration could not year

avoid prolonged waiting—times.

In December 1989 the Government decided to temporarily sus-

of de facto refugees with weak protection

pend the right asylum for

needs. The Government elected in September 1991 cancelled new that decision the waiting-time stipulation, strongly advoincluding that claims of substantial according the law cating only a nature to should found right However, made several exceptions to a to stay. that last principle for number of longstayers. a As shown in the table below, asylum inflows increased consid-

erably, notably in 1992, when recordinumber of 84,000 asyluma

seekers arrived, of whom centfrom former Yugoslavia.

83 per The increase in arrivals led number of asylum to a measures restricting Swedish territory. These were more or access to measures less interrelated with other decisions by the Government. Firstly to

accord complying with the requirements for asylum, applicants, not the

residence permits on other grounds predominantly focusing on

of in Sweden, secondly establish limited intakes length stay to quota and in the funding of UNHCR thirdly substantially to participate in Croatia and Bosnia-Herzegovina. Notably among programmes restrictive the visa requirements for citizens of Serbia measures are and Macedonia introduced in the of 1992, and Montenegro autumn for citizens of Bosnia-Herzegovina in June 1993. These measures

be drastic remedy ending the migration flows in proved to a next to of 60,000 totally arrived Kosovo question. In January 1994, out Albanians 2,800 had recieved permanent residence permits on poli-

tical of them, humanitarian grounds. Negative decisions or, most

regularly being taken had led to the return of than 25,000 more Another 10,000 had fulfilled the but returned persons. not process home, applied for asylum in Norway lived underground in or Sweden. As shown in figure the number of asylum-seekers reduced was 1993, following the new visa requirements, as applied Swedish authorities and supported through visa requirements by other countries, well efficient rejection and policies vis-â-vis as as return asylum applicants from Macedonia and Kosovo. Another reason was the unexpected downfall of non—European asylum-seekers, with no obvious relation Swedish to measures. However, following Government decision in June 1993 about a 40,000 applicants from Bosnia—Herzegovina residing in Sweden have been provided with residence leaving few a permanent permit, only a applications rejected. Another 6,500 bosnians have July 1993—]uly 1994 immigrated in accordance with quota decisions. Moreover, according to a Government decision in April 1994, about 20,000

Kosovo Albanians families with children expected be provided

are to with residence permits. The Government thus decided permanent that asylum-seeking families with children, Sweden before entering January 1993, should generally be granted residence permanent permits, referring to the the humanitarian need to pay attention to the

waiting—time. Rejected persons still being in Sweden or returning from another Nordic also benefit from that country can guideline. A number of legislative and administrative has also measures been taken result of the increase of asylum flows. A Aliens as a new Act into force in 1989. One of the law speed came purpose was to up the asylum processing. The for the of 1985 system reception asylum— seekers and refugees had been constructed for level of few thoua a sand asylum-seekers. In 1989 the processing of asylum applications and the reception of asylum-seekers decentralized by of was way a regional split-up of the competence of the Swedish Immigration Board SIV, and additional allocated. Until 1991 the resources were Government the appeal instance, but following the large number was of appeals special appeal authority

a the Aliens Appeals Board was

established in 1992. Both authorities provided with were a possibility to refer the Government for guidelines. cases to In the of 1993 the Swedish Government presented autumn a proposal on a temporary protection system for those who left their country because of civil and in situation and war a mass movement when be expected that the situation which caused the can escape will change in the foreseeable future. The proposal adopted by was

Parliament and in force inJuly 1994. The restricts the provision system

of periods of six months whereupon temporary permits to two

residence the situation in the of origin has permit given country

not improved.

another reform of the for the reception of In July 1994, system

asylum—seekers into force, giving asylum—seekers a right to came with allowances from the State alterhandle their own housing as an . native the residential by the Swedish Immigration to centres run diversified model with intended Board. Furthermore, a more an

for such introduced. The Board variety of entrepreneurs centres was

the supervising the time competing by being agency at same run-

ning of its centres own. the Government decided appoint Parlia- In January 1993, to a

Commission review the refugee, integration and immimentary to

alia active policy for remigration gration policies, including inter an

framework for Sweden multicultural society. The and policy as a a behind this total overview the need consider these interreason to

mind global and related policy areas in one context, keeping in

national well increasing signs of growing deficiencies in changes as as

of The Commission started its work in the integration immigrants.

the of 1993 and will submit its proposals in 1995. summer revisions simultaneously being conside- On specific issues, are

proposal Widen red. In March 1994, the Government presented a to the frame for rejecting application for residence permit on grounds

an and asocial behaviour. Another Government Bill of June of criminal

possibilities residence

1994 contains a proposal to enlarge to grant a

applicant already in Sweden.

permit on family reunion grounds to an In July 1994, the Government requested two specially appointed

consider how that expulsions carried Commissioners to to ensure are

still in humane and in what the out efficiently but a manner way

should be for formation of practice.

Government responsible

Switzerland

of Already before the Switzerland has long tradition immigration. a World considerable number of foreign workers First War a was

the outbreak of the First

residing in Switzerland one year prior to

World of the total population aliens. In the War 16 per cent were

Switzerland started its labour force from Southern 1950’s, recruiting

this considered for the development of the Europe as was necessary

for seasonal workers trade and tourism sectors. Special status was

which made large number of established, possible to engage a

i

1 s1

a

foreign Workers for successive periods of time. Seasonal workers

are

presently engaged for nine months. Family members of seasonal workers supposed to stay in the of origin, but after

are country a

certain number of nine months the seasonal engagements status can

be changed regular annual work permit, which gives right

to a to

family reunion. In the late 1960’s the granting of the of seasonal worker led

status

considerable increase in immigration which in rise

to a turn gave to

some hostility among the national population against foreigners. i

Consequently, the first referendum maximum number of for- i

on a a .3

eigners to be allowed in Switzerland took place in 1970. The a

to stay

i

debate throughout the 1970’s resulted in political

a consensus to

the effect that the number of foreigners residing Switzerland should be kept approximately million. However, in 1993 the

at one

number had augmented 1.241,000 international civil

to servants,

seasonal workers and asylum-seekers included, corresponding

not

to 18 cent of the total population. This implies that after

per next

Luxembourg, Switzerland the in Europe with the highest

country

proportion of foreigners. Also compared countries all the

to over

world the percentage of foreigners in Switzerland high. At the

very

beginning of 1993, much 26 of the total labour force

as as per cent

890,000 persons foreigners; 77 cent of them, however,

were per

from EU and EFTA In addition, least 400,000

came states. at persons

have obtained Swiss citizenship in the

recent years.

The most important the foreign population

groups among are

the citzens from Italy 372,000, formerjugoslavia 208,000, Portugal 1

112,000 and Spain 109,000. In European comparative i

a perspec- Figure 10. Officialy registered asylum- tive the annual i

net immigration high, amounting to 50,000 persons

a seekers, Switzerland estimated number

1992. This high level of immigration the result of family |

net Å thousands

reunion, conversion of the status of seasonal worker into annual

45+

work permits and positive asylum decisions. About 30,000 asylum-

40 seekers whose still

1 cases were pending have not been included. In

35 1992 the Switzerland

H gross immigration in was 146,000. 30. An important factor the debate the maximum number of

on

25- alien residents has been the growing number of asylum-seekers.

new

go As shown in figure 10, there significant increase in the number

was a

of asylum-seekers until 1991, when various introduced

15— measures were

make the asylum efficient. This resulted in drastic

to system more a

decrease of applications. However, in 1993 numbers increased

once

more.

The above clearly shows the important role of immigration in Switzerland, and its effects on domestic and foreign policy. The

of aliens the relatively small national

growing number compared to

population already comprising four constituent language groups

discussed well also the ecological effects of increasingly being as as the growing total population in Switzerland due to immigration Hence, in the late 1980’s first initiative

the carrying capacity. a

with view establish long-term Swiss migration policy was a to a

taken, in issued by the Federal Council the

resulting a report and Parliament in According the Government adopted by 1991. to the and asylum policy well the refugee report, immigration as as outside the should be conceived whole. Furtherpolicy country as a efforts with view illegal immigration and the more, a to counteract of the effectively should be increased. In abuse asylum system more addition, the maintenance of the proportion between the present national and foreign labour force continues to be considered necessary. As of the integration in future foreign part European process,

workers will primarily be recruited from EU or EFTA states. Furthermore, the Swiss of seasonal workers should gradually

system be abolished. The of the EES-referendum in negative outcome has led in these guidelines the December 1992 not to any changes on future immigration policy of Switzerland.

In another report adopted by Parliament in 1991 Bericht über

die 1991-1995 stated that the explicit goal of Legislaturplanung the Swiss assistance should be development programmes to prevent from developing countries irregular migratory movements to Switzerland. . The above-mentioned illustrates that of the basic characone teristics of the Swiss immigration policy its con-centration present These endeavours be against the on long-term planning. are to seen background of the traditional Swiss migration planning system, which based fixed beforehand. Thus, each the on quotas year Federal Council determines the maximum number of foreign workers who should be recruited the coming with annual year, respect to workers and short-term workers

work permits, seasonal nine months

months. the first entitled family reunification

six Only category to

far and children below 18 of concerned. as as spouses years age are administered the Federal Aliens Authority in The recruitment by

Federal responsible for labour co-operation with the .Authority

market affairs. The third authority the Federal Office for Refugees competent

which established in which time the staff comprised 150

was 1986 at Since then, the staff has been considerably increased and at persons. there 450 staff members. The 26 cantons are responsible present are

for the reception of the asylum-seekers according distribution to a code. Expenditure the of the for asylum-seekers on part cantons are covered the Federation. The Swiss asylum has been subject system to significant changes over the last few years resulting in swifter asylum proceedings and the reduction of abuse cases. An important this regard the introduction of the of safe measure was concept country of origin in the asylum legislation in 1990. According the to latest decision of the Federal Council the following eleven countries considered safe countries of origin: Albania, Bulgaria, Gambia, are Ghana, India, Poland, Romania, Senegal, the Slovak Republic, the Czech Republic and Hungary. Decisions applications from these on countries taken quickly and, negative, the rejected asylumare seeker returned within short delay. This has led the drastic a very to

reduction of asylum-seekers from these countries the total volume

of asylum—seekers during the first quarter of 1994 35 less was per cent than that the corresponding period in 1993. . In 1993 Commission established in order revise an expert was to the asylum law and of the major issues the definition one was proper of the de facto Furthermore, the basis of decision by status. on a Parliament in 1992 the Government took the first steps to work out a long-term migration policy and a corresponding legal framework. A draft report presented to the Minister of Justice in February was 1994.

United Kingdom

The UK immigration policy of rather pragmatic and a nature border control has mainly been facilitated result of the insular as position of the country. Free movement with Ireland has existed for long time. Until the Commonwealth Immigrants Act of 1962, all a Commonwealth citizens had free the UK. The Immigration entry to Act of 1971 further equalled citizens of the Commonwealth to foreigners with regard immigration control. to The UK immigration policy of restrictive character. present a In 1993 Government stated that, with the exception of a report,

genuine visitorsstudents, persons under EU law, spouses minor

children and refugees, the objective of the immigration policy to restrict severely the numbers coming live permanently work to or to in UK and to detect and those entering remaining UK remove or without authority. The present UK nationality legislation, which mostly into came force 1 January 1983, replaced the former of on common status

citizen of the United Kingdom and Colonies CUKC with three

British citizenship for those former CUKCs

separate citizenships: i

who had the right of abode in the UK defined in the pre—1983 as immigration legislation; British Dependent Territories citizenship

ii

connected with remaining British colony; and

for those similarly a iii British Overseas citizenship for those CUKCs note closely

connected with either the UK colony. or a From legal point of view, therefore, the citizenship legislation a in the UK followed of the immigration legislation as a consequence and vice in other countries. In its amended form the not versa as most permits the right of free the UK British Immigration Act entry to to

citizens and certain Commonwealth citizens who, before 1983, to acquired that right by birth, adoption marriage. These exceptions or all other British nationals citizens, British

aside, British Overseas

British subjects, British Nationals Dependent Territories citizens,

Overseas and British protected persons are subject to immigration

control.

About million 6,2 of the population UK born 3.5 per cent are

which third for

abroad. EU—citizens of one Irish account one

third of the born and Indian Pakistani nationals for overseas an

additional third. Since the late 1970’s the number of people

one accepted for settlement has decreased by about 20 per cent, largely as

result of the restrictions introduced in the early 1980’s. a immigration

In recent has risen again slightly, to 55,500 in 1993. In years the has fairly low level of comparison to its population size, UK a Figure 11 Officiay registered aeyum- Half of the from the seekers, the United Kingdom immigration. new immigrants emanate

estimated umber in m°’sadS Commonwealth. than 70 Family reunion now represents more per

of those for settlement.

cent accepted

Principal - with dependants deals t The Immigration Act of 1988 mainly I with t I illegal immi- t appttcants estimate This law allows for stringent this gration. more enactment area. 7o

l For of the 1980s, the number of asylum applications in the

most United Kingdom remained steady around 4,000 year. From at per

1989 there followed rise just under 45,000 in 1991. In 1992 a steep to

the number of applications dropped significantly to about 25,000

following the introduction of screening measures to inhibit multiple

The decrease applications continued in 1993 with applications. a

slight fall 23,000. However, this still some five times higher to was

than in 1988.

The and Appeals Act of 1993, and associated Asylum Immigration

forms of wider tackle the increase in legislation, part a strategy to

CD asylum-seekers. The includes substantial increases in staffing ao strategy o V and other The legislation introduced in—country resources. new an

right of appeal before removal from the UK for all refused asylum seekers. also provided for the rapid handling, including tight appeal time limits, of clearly unfounded introduced to cases, a power fingerprint all asylum seekers for identification and allowed purposes, the person’s be curtailed, and deportation decision be stay to a to served, when asylum claim rejected. an

Overseas immigration countries

As mentioned earlier, USA, Canada and Australia have been included in this study illustrate the difference between immigration policies to dealing with settlement and other policies leading to permanent settlement without that being the initial aim. For the sake permanent of and all three countries here dealt with contrast comparison, are parallelly overviews presented.

and no separate country are

In all of the three countries the role of immigration explicitly geared towards the development of the nations such. Reference to as the role of immigration in forming the nationhood made in all the three countries, and their immigration aimed at permanent systems are settlement. of the Western European countries have In contrast, none legislation enabling acquisition of residence an entry permanent immediately arrival the exception of Sweden.

on with

All three countries make of refined planning systems to use ascertain the desirable annual level and composition of immigration. Australia accepted 94,000 immigrants for permanent settlement in 1992. The migration non—humanitarianprogram for 199394 provides for 63,000 places. Family migrants for 71 cent of account per the skill 27 and special eligibility for less program, program per cent than 2 For 199394 the Humanitarian Program has been per cent. separated from the general Migration Program. provides for up to 13,000 people in need of humanitarian resettlement during 199394. Canada 240,000 settlers in 1993 employs quota too, permanent a The United States, the other hand, annual target system. on sets an ceiling for total immigration, divided into three categories family, labour and other immigration. On the whole, family reunion maintains role in the immigration planning of all three a prominent countries. The immigration policy of USA differs from the other two countries, since American citizenship prerequisite for the transfer a of family members included in the family. not core

Parallel the deliberate family reunion policy, all three countries to seek maintain general policy objective immigration, deemto as a on ing in the productive force in the respective national as past, a economies. Hence, increased priority given in all three now countries the share of labour of total annual immigration targets. to Australia and Canada have which that there high systems ensure a level of quality control the of with professional over entry persons qualifications, and Canada utilizes sophisticated point systems in this regard. National economic priorities therefore influence the can composition of annual immigration. Moreover, Canada also attaches importance regional policy considerations in its immigration to In the of USA, should be mentioned that the 1990 system. case Immigration Act provided for twofold increase of the labour share a of total immigration and threefold increase of the sub-share for a particularly required labour. Parallelly, all three countries have recently introduced frequent of short—time permits for specially a more use needed labour. These systems of short—term labour permits are indeed similar the guest—worker and seasonal worker systems, to which still applied in few European countries. As are to some extent a in Europe, such permits do automatically entitle to long-term not residency settlement. or to permanent As illegal immigration remains high level in all the Europe, at a three countries. The Australian authorities estimate that there are about 90,000 illegal migrants in the country. Approximately 80 per of the illegal migrants have probably arrived tourist visa and cent on a stayed overstayers. They mainly from Great Britain on emanate and South East Asian countries‘. The authorities of USA estimate that 2—5 million illegal workers presently the foremost are country, from Mexico, from which least 300,000 people immigrate at per year illegally. Canada introduced legislation enacted in 1993 to a new

facilitate the fight against illegal immigration increased fines for

companies transporting illegals, more inspection possibilities in the case of employers hiring illegals etc. A corresponding law was passed in USA in 1986 after long national debate, whereby sanctions a against employers hiring illegals introduced, and border control were increased The Clinton-administration has was given resources. launched legislative package reinforce the fight against ila new to legal immigration, following the discovery of organised transports by boat from the Peoples Republic of China. The package provides for further the local border control and the Immigration resources to and Naturalization Service INS, the establishment of computernew facilitate the detection of traffickers and forged documents. systems to

4 14-0845

The increase of fines for companies and others involved in transport

well the withdrawal of the right of illegal migrants trafficking as as to

obtain social services and unemployment assistance also included are

in the package.

Another form of irregular migration which has been increasing

substantially in North America asylum immigration. Traditionally,

both the United States and Canada have applied a generous system

in the of Embassy applications made overseas by persons meetcase

the requirements of the Geneva Convention. However, spontaing

arrivals of asylum-seekers the borders, presenting very neous to

for have increased drastically the weak or no grounds asylum, over

few in the countries. In Australia, the relatively large past years two

of result of the Tianmen Square-

number asylum-seekers in 1991 a

the of China in 1989, when Chinese events in Peoples Republic stu-

dents already in Australia applied for asylum in 1993, nearly present

all of them received residence permits humanitarian grounds on

decision. The development of the following a special Government

arrivals of asylum-seekers to the three countries during spontaneous Figure 12. Officially registered asylumthe few has been showes in figure. seekers, the United States, Canada, past years as arrivals have prompted all three countries Australia estimated number The increasing asylum

thousands with

to approach various European inter—governmental fora dealing

and seek align their asylum policies those asylum matters to to to 180 carried with view abuse and out Europe, e.g. a to counteract more

160 Thus, all three firmly apply the country of first asylum principle. to have indicated interest in closely

140 countries especially Canada an

the negotiations the Dublin and Schengen following on agreements 120 EU states and their successive implementation. among 100 relatively The Geneva Convention refugee recognition rate

low USA and Australia 4,8 cent in USA 1991 and 4,3 per per

in Australia in 1992, whilst the recognition rate considerably cent Canada in 1991, 57in 1992 and 46 higher in 70 per cent 1990, 64

Canadian of recognizing applicants from in 1993. The practice

certain countries variance with the practices of several European at

countries. instance, whilst Norway rejectd 100 cent of all For per O ; i Romanian asylum applications in 1992 and the UK similarly rejected

Canada approved nearly half of the Romanian asylum 92 per cent,

applications the same year.

COMPARATIVE OVERVIEW

The role of immigration

stated earlier, the

purpose

As of this limited study analyse, by to comparative overview, how the and asylum desigentry systems are ned various Western countries. explain the effects of goes on to these in of controlling immigration, and shows which systems terms applications are accepted after the entry and asylum procedures have been finalized. Total annual immigration into Western The immigration policy of be analysed without a country can not European states currently twice as considering other factors such as history, traditions, links to other high as total immigration into the three countries, population economic performance and structure, traditional countries of immigration overseas. geographical position etc. As discussed in the short country overviews, the immigration policies of the selected countries have been highly affected the above-mentioned factors. Accordingly, there exists a fundamental difference between countries which have been founded

by of immigration such USA, Canada and and way as Australia

countries where immigration only forms element in the overall one development of the nation. Many differences exist amongst the latter countries. Due to their colonial countries have long past, some over a period of time acquired substantial experience in of catering terms for significant population between the mother movements country and the territories e.g. France, United Kingdom and the overseas Netherlands. There are also many differences amongst these three countries. For example, until the previous decade France has largely conceived immigration positive population growth factor. The as a Netherlands, on the other hand, has in spite of its colonial past, been inclined to control immigration in view of the already high more population density of the country. However, in the other European countries, selected this study, economic considerations have mainly influenced the formation of immigration policies until the mid — 1970’s. As discussed in the overviews, there also disparities country are amongst these countries.

Thus, the fundamental attitude between the American even and the European continent towards the immigration phenomenon

differs, both continents currently being confronted with strongly are historically situation and simultaneously subject to growing a new are Whilst the traditionally positive attitude immigration pressures.

towards immigration in North America now slowly being replaced

reserved the European countries, in have by a more one, turn, realized that endeavours restrict immigration suddenly present to with traditional control will increasingly have to be adapted measures policy approach. From purely statistical to a long—term immigration a the role in number of point of view, immigration now plays same a countries in the classical immigration countries. European as overseas Since the latter have been created through immigration, they still

have larger share of foreign-born amongst their respective population a of the studied countries.’However, the population than most European in Western European countries are increasingly structure many resemble those of the classical immigration countries starting to e. will exceed of the the share of foreign—born soon 10-15 per cent annual in relation the population. In fact, gross immigration to few countries Switzerland, Austria and population in a European inclined exceed figures of the classical immigration Germany to countries. Total annual immigration into Western European states twice total immigration into the three traditional currently as high as of Hence, there clear trend of countries immigration overseas. a factual well of policy in the field migration as as convergence continents of North America and Australia. between the three Europe, based ICMPD estimates, shows the

The table below table 4, on

of Europe. The increasing importance immigration into Western of of the total population for the European proportion immigrants countries calculated the basis of the number of foreign was on residents number of naturalized immigrants, whereas the plus the for the classical immigration countries based proportions are on statistics the foreign-born. As regards the size of immigration, on

official data immigration appropriate have been adjusted

on gross as

this mentioned

with data on asylum-seekers since category, as

accounted for in the official immigration earlier, not normally With the Aussiedler’ have been statistics. regard to Germany, included the data. As shown in the table, Switzerland, in immigration have share of immigrants their Austria and Germany a larger

respective populations than USA and also a proportionally larger

annual than all the classical immigration countries. immigration

Even France and the Netherlands have equal larger shares of an or immigrants their respective populations than the USA. among Thus, with present developments, inevitable for Western Europe be conceived immigration region from the to as an perspective of other regions in the world, notably in Asia and Africa. The mere fact that fifth of the population in Western Europe will be soon a foreign-born will continue to increase the attractiveness of Europe as an immigration region, irrespective of the official attitude of the European countries with future immigration levels and the respect to actual possibilities to stem increasing migratory pressures.

The structure of immigration

A question which naturally arises in this the rationale of context immigration as such, i.e. what the purpose of present-day immigration from the perspective of concerned Immigration, states as seen from Western European perspective, has changed from essentially a being demand-driven during the 1950’s and 1960’s the e.

requirements of Northern labour markets becoming supply-

to driven since the 1970’s migratory from South and e. pressures, East, national borders. Therefore, the issue of the selection of on

migrants in harmony with overall national development objectives bound gain increasing political importance in Western Europe. to From the beginning the transatlantic countries have made of very use nation-building instrument. They formulated in immigration as a advance certain criteria with view achieve desirable level and a to a of in accordance with the overall interests of structure immigration, the nation. The geographical isolation, characteristic of all the three a

countries, has obviously facilitated this approach surrounded

overseas and land borders they are. The European water a scarce as countries, the other hand, given their smaller size, the complex system on of external frontiers and number of political factors, have not been a the asylum instrument has become in position to establish long—term immigration policy objectives . . . a a major channel for permanent since the cessation of the guest-workers epoch in the mid —1970’s. immigration by non-refugees. The of annual immigration, the different structure as concerns of reflects the policy the lack of policy of

categories immigrants, or

countries with overall immigration Against this respect to targets. has made preliminary analysis of the background, ICMPD a distribution of various categories of immigrants in the actual annual inflows of the selected countries. This the first analysis of its kind. The of the has been illustrate the impact of the aim analysis to considerations the composition of immifollowing two policy on gration flows:

i what should immigration be allowed take place to extent to as of international humanitarian commitments in a consequence national economic and demographic policy contrast to objectives

what should immigration be allowed result from ii to extent to applications the border inside the country

spontaneous at or

in the legitimate interest of that immigration contrast to states takes in orderly fashion, according rules established place an to beforehand

the table below which summarizes the

In compiling table 5,

situation in 1991, labour immigration has been defined immigration as which has occurred the basis of labour permit issued before entry on a least and immigration of foreign labour within the

for at one year as

framework of the free EU and Nordic labour circulation zones. Family reunion immigration has been defined as immigration taking the basis of residence issued kin of resident in place on a permit to a the The immigrant labelled entry right ethnic country. category on refers the Aussiedler in Germany, and similar grounds to to allowed France, the Netherlands and United groups to immigrate to

Kingdom due to colonial obligations. In the case of Finland the in question consists of Finns arriving from the former category Soviet Union. The organized refugee transfer category concerns refugee immigration occurring through selection and transfer from refugee camps in other countries. In the category spontaneous asylum-seekers, includes persons from former Yugoslavia who have not formally applied for asylum, but whom resito temporary dence permits have been issued. As from the table, approximately 40 of total emerges per cent annual immigration West European countries in 1991 to were asylum—seekers apart from France and UK where this spontaneous proportion was considerably lower. In some countries, for example in Denmark, asylum—seekers accounted for 50 of total over per cent inflows. In Sweden this accounted for much 75 category as as per cent of total immigration in 1992. The asylum system established was during the 1950’s in Western Europe in conformity with international commitments embodied in the 1951 refugee Convention. However, the proportion of asylum—seekers who have been granted refugee status in accordance with the Convention amounted only 6 to per cent in Western Europe in 1991 and in addition 20 some per cent were granted humanitarian status. As mentioned earlier, approximately 80 cent of the asylum rejectees remain in the country within which per they have applied. This implies that the asylum instrument, as seen

Table The foreigners in 1991 according grounds residence

composition immigration to for %

Labour Family Entry right Organized Spontaneous Total on reunion ethnic grounds refugee transfer asylum—seekers

from general European perspective, in fact has become major a now a channel for permanent immigration by non-refugees war-displaced from former Yugoslavia included. not On the other hand, transfer of pre-selected refugees, quota following national considerations refugee policy priorities, play on a subordinate role in Western European Only in Finland and states. Norway do transfers of refugees for 6-7 of quota account per cent total annual immigration compared to 10-11 cent in the as per transatlantic In other European countries, the transfer states. quota of refugees for only 2-3 of total immigration. accounts per cent Concomitantly, asylum flows relatively speaking of spontaneous are smaller magnitude in the transatlantic countries than in Europe. In a short, this implies that refugee policy objectives reflected in are more the total inflows the classical immigration nations than to the to European countries. The same applies for family reunions. Family reunion policies substantial impact the ‘composition of inflows the

have a on to

transatlantic and less in the of European states. However, states so case the family reunion share of total immigration to West European be the increase. Presently, family reunion accounts states seems to on for fourth of total immigration European but for one to states one half of immigration the However, the family to overseas states. reunion share of inflows Sweden and United Kingdom of the to magnitude in the classical immigration same as states. Labour immigration roughly plays the role in inflows to same West European countries the transatlantic countries, amountas e. approximately one—third of total immigration. Amongst the ing to European countries there however large differences. The labour are demand of the Norwegian oil industry has led high proportion to a of labour immigration 29 cent in that country. In Germany per labour immigration surprisingly low 20 cent. This results per from the amazingly high proportion of asylum-seekers and of Germans from Eastern Europe nearly 65 of total inflows. per cent In absolute however, labour immigration to Germany terms, substantial. The extremely high proportion of labour in the immigration flows Austria in 1991 the of recent to consequence policy reforms. During large number of immiimmigration 1991, a with unclear granted work permits part of grants status were as a cleansing operation, in view of the into force of the

up entry new

control In 1993, estimated that the proportion of system. was labour immigration in Austria amounted only about 25 cent, to per

i.e. the normal European proportion. The extremely low proportion of labour inflows Sweden noteworthy. to

Utilization of immigration planning levels

Taking into the fact that the size of total annual immigration account flows individual European countries still fairly predictable to on the experience of the last decade, and taking into future account migratory the issue of long—term immigration planning pressures, has been raised in several European countries. As from the emerges overviews, annual planning systems since decades applied country are in the immigration For example, Canada has decided overseas states. that annual immigration should exceed 250,000 during the period not 1992-1995; Australia 80,000 for 1992-1993, and USA 840,000 for

1993. long-term planning system would The behind notions long—term planning . . . reasoning recent on contribute to a positive attitude among in European that migration might be controlled

systems states better

the domestic population with regard to and also better adapted the policy objectives of each the immigration issue to country, including its ultimate receiving capacity, the desired volume of the intake of each would be considered beforehand by the category Government and the Parliament of each has, country. moreover, been suggested that long—term planning system, with sub—quotas for various categories, would contribute positive attitude the to a among domestic population with regard the immigration issue. In all the to proposals annual planning where they exist, notably in on systems, Germany, Switzerland, Austria and Sweden, has been strongly underlined that ceiling could be established beforehand for no mass arrivals of who deserve protection, result of unforeseen persons as a situations of conflict. To what has long—term planning of annual immigration extent had impact Government action in Europe In actual fact, an on recent the Austrian for the distribution of first—time residence new system permits newly arrived which has been mentioned in the to entrants, overviews, based such planning model. The annual country on a number of first—time residence permits issued to various categories in Austria since 1993 dependent number of factors, such the was on a as labour needs in the regions of reception, the housing situation etc. The overall 28,000 places for 1994, well the sub—quotas, quota as as discussed in fashion by representatives of trade are a corporate unions, employers, regions, municipalities, economic research expert-

ise etc. Thereafter the quota proposals submitted to Government

are Parliament for decision. The model based

and then to planning on the experiences of the Kontingentesystem for recruited labour which applied in earlier decades in Austria.

was

The planning applied in Switzerland determine the

system to size of the intake of and seasonal workers in temporary some way

resembles that of Austria. In 1989, Inter-Ministerial Working

an

Group, appointed by the Swiss Government, proposed the establishment of overall immigration planning system, with sub-

an

for various categories. A proposal comprehensive long-

quotas on a

Swiss migration policy, of elaborate character, has

term a more

recently been presented the Swiss Government by special

to a

Commissioner. A similar proposal made by Swedish Inter-

was a

Ministerial Working Party in 1990. The Swiss and the Swedish proposals, in have much in with number of reports

turn, common a

prepared in Germany during the last Thus, the issue of annual

year.

ceiling for all categories of migrants has played

targets Quoten

important role in the German domestic debate migration issues

an on in recent times. As of fact, the decision of the German Government to a matter

annual ceiling for the of Aussiedler not than

set an entry more

225,000 annually, in spite of constitutional obligations vis-a-vis this example of the application of such quota-models.

group, an

Furthermore, the establishment of various forms of

programmes

Germany for the intake of labour with precise numerical

temporary from the reform countries in Central and Eastern

units Europe, constitutes form of pre-planned intake. However, given that

a

Germany in position officiallyproclaim itself immigration

not a to an

of factual inflows of foreigners, be

country in spite heavy not to

expected that Germany the future would embark

near upon a

such those suggested in the Swiss and the Swedish reports,

system as

or by certain independent German bodies. Moreover, any long~term immigration planning approaches by European states would have be counteracted by heavy emphasis entry control

nature to a on

well for the efficient repatriation of undesirable

as as on programmes aliens.

The basic idea in the 1992 Austrian proposal European

on a

Migration Convention, which has been noted interesting for-

as an

mula for further discussions, that European states should

suggests

spirit of good neighbourly relations estimated annual

a announce

immigration levels in advance, to facilitate the harmonization

so as

policy objectives and avoid uncontrolled flows between countries.

Existing control mechanisms

Since European countries do dispose of general systems not yet any for the desirable level and composition of immigration, targeting to

combat undesirable and uncontrolled inflows, they have to resort to

and traditional control mechanisms. The basis of this existing entry

control established already in the 1920’s before the First

system was World War few European countries had introduced legislation on control measures. This traditional European immigration pre-entry control system has then developed in the last decades. basically

consists of the following classical control instruments: entry visa,

residence before after labour permit insofar the

permit or entry, as labour does automatically follow from the residence permit not

rejection the border expulsion after unlawful residence permit, at or in the In addition, special control mechanisms aiming at country.

combating illegal migration have also been introduced, particularly

since the mid -1970’s, such sanctions against carriers transporting as without appropriate permits well sanctions the mid -1980s, high degree foreigners entry as as since a of harmonization terms of utilizing against employers hiring illegal labour etc.

these classical entry control In the mid -1970’s, when the policies of immigration present instruments has been achieved all

introduced all Western Europe, the practical

restrictions were over over Western Europe. application of the classical control instruments differed entry between However, since the mid substantially European states. degree of harmonization in of utilizing these 1980’s, a high terms classical control instruments has been achieved all Western entry over certain de facto harmonization of policies Europe. In turn, a entry also takes between and the transatlantic This place Europe states. harmonization has about result of systematic process not come as a efforts the international level, but rather through bilateral and at informal exchanges of experiences and information between Govern-

Nevertheless, the degree of harmonization of control ments. entry mechanisms which thus has been reached between European states

and the be taken from informal formal harimpressive, step to to monization of and asylum policies does to be entry not seem insurmountable. Recent with regards the present EU coprogress to of preliminary promising indication. operation, although a nature, a In order illustrate, in simple the degree of factual to a manner, harmonization of policies which already has materialized entry between European and between them and the classical overseas states, few control items have been highlighted in the immigration states, a of this study. In table 6 below, the of visa context convergence illustrated the of Romania, which has been selected policies case

random. Romania substantial irregular of

at generates movements a

basically non-refugee character. All the studied countries have introduced entry visa requirements for Romanian citizens. Moreover, the transit visa instrument previously seldom utilized and then

was

only few countries. A transit visa requirement implies that

a an

airline through European to his final destination,

passenger a state

requested to be in possession of a transit visa for the European State where he has to change plane already before embarking the aircraft in the country of origin. By 8 of the examined 13 have

now, states

decided general transit visa requirements the possibility

on or on to

later introduce such requirements. Others studying the feasibility

are

of doing

so.

Furthermore, all examined countries have since long introduced various requirements that residence permits should be applied for and obtained through Embassies before entering the country of

destination. Moreover, all of the examined countries with the exception of Sweden have will introduce laws sanction

or soon to

carriers transporting aliens not being in possession of the required documents. Sweden has, however, recently decided

entry on new

laws which makes possible confiscate and boats transporting

to cars

Table Utilization various entry control instruments

Sanctions

Visa requirement Transit Residence against Sanctions for citizens of visa permit required transport against

Romania requirement before entry companies employers

Australia x x x x Austria x x x x Canada x x x x x Denmark x x x x

Finland x x x x France x x x x x Germany x x x x x Netherlands x x x x x

Norway x x x x

Sweden x

x x x

Switzerland x

x x x x

United Kingdom x

x x x USA x x x x

undocumented aliens. Finally, all the studied countries but Australia

and UK have introduced sanctions against employers hiring

now

foreign workers illegally USA being the latest country to do so. To conclude, high degree of similarity in entry instruments has already

a been achieved table 6.

see

Visa policies

As mentioned above, there already by high degree of

now a

harmonization of visa policies between Western European states. Visa policies of State vis-â-Vis another State follows from the

a

consideration of variety of factors: historical links, foreign policy

a

commercial relations, the magnitude and of movements

aspects, nature between the countries However, obvious that the two etc. seems

latter factor has increasingly gained in importance in recent years. In fact, has become preponderant in the deliberations of

EU states on

joint visa requirements with nationals of third countries.

respect to

The joint visa requirement list of the EU which

states, was

established 1993, imposes visa obligations with the

entry respect to citizens of 73 of the 183 non-EU Since the into force of states. entry

the Maastricht Treaty, visa policy matter of Community

a

The European Commission in December 1993 therefore

competence.

launched proposal visa requirement list which

a on a covers as many and substantial

The ongoing Western European as 130 non-EU non-EFTA states. Moreover, a

harmonization of visa policies of Visa harmonization has already informally been achieved . . . degree

tends to converge with those of the

between EU and EFTA states. particularly interesting to note

classical immigration countries.

how quickly the of visa harmonization proceeds

process among

Western European With both the old and the

states respect to new

nations of Central and Eastern Europe. For instance, all 19 EU and

EFTA do apply visa restrictions with Slovenia,

states not respect to

15 of the 19 do apply visa restrictions with respect to

states not Croatia, but of the have introduced visa restrictions most 19 states

with respect to Bosnia-Herzegovina and rest-Yugoslavia Austria

maintains visa restrictions vis-â-vis Bosnia-Herzegovina and

no

Italy has visa restrictions vis-â-Vis the whole of former Yugoslavia.

no

The ongoing Western European harmonization of visa policies implies that the principles behind the visa regime of Western Europe increasingly tends with those of the classical immigration

to converge

countries. The latter countries have since applied general entry

ever

visa requirements for nationals from earth, with strict

most states on

enforcement regulations implying that visa has be granted

an entry to

through Embassies before departure. However, in recent years,

certain such USA, have introduced overseas immigration states, as

visa policies trial basis for from mainly EU

exemption on a entrants

and EFTA The Western European their part, states. states, on are now

from traditional visa-free regime with exceptions for

moving a

problem countries uniform pan-European entry visa regime to a

for non—problern countries. At point, the

with exceptions some

initiation of of harmonization between Western European a process

and the North American visa regime not excluded.

the transit visa instrument mentioned earlier, the transit visa instrument increasingly As increasingly being utilized European utilized in and countries. The introduction countries. being European overseas and overseas of this control instrument in Europe follows logically from the

of members of the Dublin, Schengen and ongoing preparations EU

External Borders Conventions. At the evasion of transit present,

big European airports such Frankfurt Schipol,

passengers at as or

and the subsequent filing of non-founded asylum requests, poses a

significant control problem. Among EU states, France, Germany entry

and the Netherlands have introduced transit visa instrument and the

has legislation enabling them introduce transit visa UK passed to

time. EFTA Austria and Switzerland regulations any Among states,

of transit visa and of the examined make regular use requirements,

countries Australia and Canada. overseas

Residence permit before entry

effect of the introduction of visa transit visa Generally, the or

highly positive from control point of view. requirements an entry

In decisions visa obligations have immediate impact most cases, on an

the volume and of irregular flows. However, the requirement on nature

that residencework should have been obtained before permits entry,

which introduced in number of European states already in the was a

and be implemented low late 1960’s early 1970’s, seems to to a very

the 1980’s. has already been mentioned section I that

degree since

arrivals of irregular and that only most nowadays are an nature a

small fraction of the intending for than three entrants, to stay more the requirement that residencework months, in possession of residence and or work permits already permits should have been obtained are

before entry to be On the the residence permit instrument seems upon entry. contrary, . . . implemented to a very low degree since utilized regulation instruactually nowadays not as an immigration

the 1980’s. but rather post—immigration regularization method, by ment, as a

of which i.e. qualifying for way irregular entrants persons not

illegals being granted various personal asylum or are status on

grounds after considerable Moreover, in Germany and a stay. to a large Switzerland, the residence permit instrument extent deliberately utilized for the gradual transfer of legally staying seasonal workers into the foreign work temporary or permanent force. Finally, the residence permit instrument obviously plays an role in facilitating family reunion. However, in the of important case family reunion, permits issued after and often after being granted most are entry a irregular entrants are . . . considerable intended, status various personal grounds period of semi—legal stay and not as originally on after a considerable stay. control instrument. as a pre—entry Thus, the residence permit instrument in Western Europe rather method regularize the of for-

utilized as a to ex post status

eigners who have arrived in irregular fashion, and method an not as a the volume and composition of immigration. This

to steer ex ante

development mainly the result of the aforementioned increasing inflow of non-qualifying asylum-seekers and of illegal Obentrants. viously, most countries seek to refrain from describing this deplorable development in such clear since the description of the terms, mere possibility obtain permanent residence after irregular entry stimuto lates further irregular entries. Indeed, the affairs could present state be characterized vicious circle: the irregular entrants, not as a more returned, the bigger the number of arrivals of irregular entrants. In other words, the present Western European migration regime indirectly stimulates the rise of irregular and illegal movements, since such in the long for the individuals concerned. movements run pay

Measures against illegal immigration

Theoretically, there three options available address this are to regrettable trend, which to be implemented parallelly: i to open are

regular immigration channels for pre-selected migrants, ii to

up return irregular and illegal entrants more efficiently at an early stage and attack illegal and migrant trafficking more

iii to migration

vigorously. With regard the latter option, both and to overseas European countries have, indeed, reinforced action during the last ILO has estimated that the total number of aliens working years. illegally in the EUEFTA-area amounted 2.6 million in 1990. to Presently, between 3.5 and 5.5 million foreigners estimated to be are living illegally in Western Europe, without being registered with the

authorities. Only countries Switzerland and Sweden such as e.g.

with scrupulous population registration systems do to keep manage the number of illegals low level. at a

Several countries have earlier made of regularization use whereby illegal aliens have been invited and programmes, to appear register with the authorities during special amnesty period, a whereupon permits issued, Thus, during the 1980’s, such were regularization carried in Italy, Spain, the programmes were out Netherlands and France regularization in these

the programmes two

latter countries carried parallelly in 1981. The Dutch were out covered all illegal workers who arrived between January’ programme 197—October The French indicated in the

1979. programme as

overview resulted in the issuing of permits to 131,000 country from total estimated number of 400,000 illegal aliens. The persons a USA has made of such regularization several too use programmes on occasions. Sweden has several times recently in the of

also very case

20,000 asylum-seekers from the Kosovo utilized the one-time

regularization method for asylum—seekers. However, general a the long-term effects of these regularization reassessment on prounderway the countries concerned, since they stimulate grammes further irregular arrivals. The question be discussed what could be taken to T he question to be discussed what to measures could be taken to avoid avoid outside the established within measures immigration occurring systems, immigration occurring outside the democratic A control framework acceptable to Western states. a established systems, within a control major problem that large portion of the immigrants who arrive framework acceptable to Western a completely lack identity documents have forged docudemocratic states. irregularly or The of asylum-seekers arriving to Western ments. percentage European without documents with forged documents states or was estimated of 50-60 cent few At present, to an average per a years ago. the estimated be 70 In the Netherlands 46 average to per cent. per cent of all asylum—seekers at Schipol airport in 1993 were undocumented. In Germany the proportion 60-70 the per cent whole in Norway 47 in 1992, and in United country, per cent Kingdom 66 per cent in 1993. Against this background, the majority of the examined countries have made earlier laws illegal with forged documents on entry or entry stringent, else have begun to act more vigorously to implement more or sanctions against companies transporting without passengers documents with forged documents. All the investigated countries or apply this control instrument, apart from Switzerland, which, however, preparing law amendments in this regard. All countries have also introduced sharpened legislation concerning the or smuggling of people and have reinforced international police cothis end within the EU and result of

operation to both context as a

the BerlinBudapest uncontrolled movements. process on

In Sweden the under certain circumtransport company can, stances, be obliged for the of the of aliens, to compensate costs return including the travel costs of guards etc. Moreover, as mentioned earlier, the Swedish legislation has been sharpened fromjanuary 1994

making possible to confiscate means of transport such as cars or boats transporting illegal entrants

.

Earlier, few countries took finger-prints of asylum-seekers.

very As evident from the forthcoming the functioning of survey on asylum procedures, nearly all the countries studied have now initiated obligatory fingerprinting of asylum-seekers. In the combat the illegal employment of 1970’s, to foreigners, a special control instrument initiated in Western European was countries, namely sanctions against employers hiring foreign labour without permits. Of the European countries, only the United proper Kingdom does not enforce this control instrument. After a long debate, the USA has since 1986 introduced similar sanctions, Canada also applies such sanctions, but Australia does Australia the

not in

trade unions exercise similar control. a

Family reunion rules

Entry regulation concerning family reunion are of a positive nature, and aim allowing family members oin already settled immigrants. at to . In accordance with international legislation, close relatives have a clearly established right to immigrate. However, there are no binding international regulations defining who be regarded close to as a relative. The EU have initiated co-operation harmonize states a to their legislation and practices in this respect. At the meeting of the EU migration Ministers in Denmark in June resolution covering 1993, a non-EES citizens approved the issue. Special rules apply to binding international was on there are no who have been granted Geneva Convention refugee status. regulations defining who to be persons regarded as a close relative. Foreign students and foreign short-term workers also not covered are the resolution. A fundamental principle of the resolution the right of family reunion between spouses and their children. However, waiting requirement be introduced and forma marriages a can pro are not accepted. Polygamy not permitted either only the first wife and her children covered by the family reunion right in the are case of polygamous marriages. Moreover, the resolution stipulates a maximum of 16-18 for children to obtain the right to age years immigrate family grounds limit will later be negotiated

on a precise age

by the EU members. Further, child married has formed a or an

5 140345 65

independent life family, he she allowed immigrate or a not to on family grounds. In the of other family members, member states case free decide according national traditions and practices. are to to The EU resolution reflects the tightening of family reunion up rules which have gradually developed Western European states since the mid -1980’s. Thus, countries experiencing heavy inflows, such France, Germany and United Kingdom, have thoroughly as reviewed their family reunion policies in The changes in recent years. have France, most recently by the 1993 package, are particularly notethe European countries may to revise their family reunion policies worthy, since France has traditionally exercised the most . . . generous to comply with reality. but family reunion policy in Europe. However, not only France, almost all EUEFTA be increasingly of the states, seem to aware potential risk of liberal family reunion policies and the resulting pull

factor. This increasingly restrictive attitude with respect to family reunions with the traditionally liberal policies in North contrasts America, family reunion given high priority. The question were a whether the direction of European policy tenable in the long run, since large share of the irregular arrivals in fact family members a are of settled immigrants. Consequently, the European countries may have revise their family reunion policies in decade render to a or so to them liberal and comply with reality. more to increasingly difficult present comparative overviews on to the family reunion rules in the examined European countries. this issue tends become detailed in character, Legislation on to very especially with regard family reunion rights for adults, in particular to in of marriage. In simple the European national regulations case terms, be summarized follows. A general trend the introduction of may as waiting period, varying between 1-5 before be made a years, use can of the right family reunion. In namely the Netherlands, to one country, the notion of reverse waiting period has recently been incorporated a the legislation. This implies that the right family reunion has to to be utilized within period of three after the issuing of a years a residence the head of the family. After this permanent permit to period, the family reunion right will cease. In addition, all countries require that the head of the family under obligation the immigrating family members and to support that housing conditions acceptable. In these respects, are two some countries have issued detailed regulations. According to the new French the head of the family least the legislation, must earn at minimum decided the Government. In 1993 local salary by some Austrian institutions issued regulations concerning minimum of a a 10 m2 living prerequisite for family reunion. area per person as a

The scrutiny of the validity of immigration following requests marriage has also become thorough. In all countries, conditions more this regard have been tightened. In the of polygamous case marriages only one spouse covered by the family reunion principle

United Kingdom introduced these rules a few years ago and France

amended the legislation this direction in 1993. Generally speaking, the rules governing the right of family reunion following marriage tend become and detailed in each of the studied to more more countries and international comparison difficult to establish. any The holds for the definition in the national legislation same true of the minors. Here, national traditions and considerations have term a heavy impact, by tradition. In most cases, 18 years of age considered the limit for family reunion. However, in as upper Germany the limit 16 whereas in France 21 for years, years unmarried daughters. Not only has the definition of minors become all the complex e.g. children from previous marriage, more a illegitimate children, children polygamous marriages, adopted children etc.. In other there increasingly detailed respects too, an regulation, for example concerning the right to transfer older parents. The tendency that the limit for such transfers increasing in age for example Denmark the limit has recently been increased from age 60 to 65 years. Simultaneously, there a requirement for the head of the family to have residence before right of transfer be drawn a can and the duty the family enhanced than upon to support more now previously. thus, exceptionally hard to provide short overview a of the current family reunification regulations. The table below aims at illustrating a few fundamental features, without accounting for

details and exceptions see table 7.

numerous

Residence and citizenship

The items presented far in this comparative section and in the so tables all relate to entry policies in general and instruments to

explicitly geared towards regulating the intake of foreigners. In

addition, all examined countries have of policy instruments, an array which indirectly contribute in influencing the volume of migration there are no clear correlations their disposal. Examples of such policy movements, at sectors are between advanced integration labour market policies, social security, social and housing policies, policies and the time required to and for the of obtain a permanent residence permit policies integration immigrants. Obviously, the opporor the citizenship of the country. tunity obtain resident and the citizenship of the to permanent status

Table Family reunion requirements in European countries

some

General waiting Def. of Marriage Reunion requirements

minors requirement for older relatives requirement

Austria 1-2 19 husbandwife special grounds

years years on of at least 18 years age

Denmark 18 husbandwife 65 of the 5 years years over years age

of least 18 head of family has

age at years

residence least 7 years

at

18 only the wife and grandparents

France 2 years son years parents

daughter 50 of

over years age . of 21 years age

Germany 5 16 8 residence on special grounds

years years years

of new relations

age

Netherlands reunion shall 18 husbandwife special grounds

years on

take place of at least 18 years

age within 3 of years age

0-3 18 husbandwife special grounds

Norway years years on of least 18 age at years

Sweden 0 20 husbandwife parents over year years of least 18 60 of age at years years age

Switzerland 2-5 18 husbandwife special grounds

years years on of at least 21 years age

United 18 onl the wife widows 65

Kingdom 1 year years over years

of at 16 of age east years age

of age

also constitute factors in determining the size country can important

and type of flows.

policies for the integration of immigrants greatly In general,

differ the examined countries. Of the transatlantic states, amongst

Canada introduced policy for the maintenance of at an early stage a the and the cultural traditions of immigrated In the languages groups. 1970’s these policy developments influenced Australia, Sweden,

Denmark and the Netherlands. In USA and United

Norway,

has traditionally rather been the develop Kingdom, emphasis on ment of harmonious relations, whereas policy in France since decades

race

geared towards the full integration of foreigners in F rench-speaking society. In all countries mentioned, elaborate Government exist for the integration of immigrants. In Austria,

programmes

Germany and Switzerland these less advanced,

programmes are at least the federal level. at

The important policy instrument in of facilitating the

most terms

integration of immigrants the provision of stable legal and

status

the option of citizenship of the country of residence. Among the

new countries studied, there clear correlations between advanced are no

integration policies and the time required to obtain permanent

a

residence permit or the citizenship of the country. Thus, countries

with advanced integration policies do necessarily prescribe

e.g. not

low time requirements for obtaining residence permits.

permanent

Permanent residence and citizenship requirements

are summa-

rized in table As all European countries but Sweden

emerges,

require 2-10 of legal before permanent residence permit

years stay a be issued. The liberal countries the Nordic countries, can most are

with time requirement of 2-3 and France the

a years now most

restrictive with The guest-worker countries Germany and

10 years.

Switzerland apply flexible requirements for various categories of immigrants. The policy of Sweden resembles those of the

overseas

where residence permit be issued immediately

states, a permanent can

after scrutiny allowing for settlement.

entry

The qualification period for obtaining citizenship between 5

The most important policy instrument terms of facilitating the integration of and 10 in of the examined countries. Switzerland has the years most immigrants the provision of stable legal time with variations in certain

most severe requirement 12 years,

status and the option of citizenship ot the

cantons and has together with Austria and Germany the

most new country of residence.

difficult and the highest fees. Nonetheless, in recent

test system

naturalization have increased in Austria and Germany

years, rates and reached the 3 level in 1991, in most other examined per cent as

France, which together with Sweden has the European states. most liberal naturalization rules in Europe far the scrutiny of personal

as as

characteristics concerned, had in spite of this lower naturalization

a

in 1991 than Germany. However, of all the examined countries

rate

but Switzerland, USA had the lowest naturalization rate. Indeed,

as

eight of the studied European had higher naturalization

many as states than USA, which illustrates the between rates convergence process

the continents currently underway in the immigration

two area.

Table Permanent residence and naturalization and requirements

Requirement Naturalized

as

No. naturalized proportion of foreign

for permanent Requirement

residence permit for citizenship in 1991 residents %

Austria 5 10 11,400 2,8 years years Australia 0 2 118,510 4,5 year years Canada 0 3 118,600 9,0 year years Denmark 3 7 5,100 3,1 years years Finland 2 5 0,100 3,3 years years France 10 5 72,200 2,0 years years Germany 5-10 10 141,600 2,7 years years Netherlands 5 5 29,100 4,2 years years Norway 3 7 5,100 3,5 years years Sweden 0 2-5 years 27,700 3,3 year Switzerland S-10 12 years 8,800 0,8 years

United Kingdom 5-10 5 years 58,640 3,1

years USA 0 5 308,000 1,3 year years

Repatriation

As from the overviews, after the oil—crisis and the emerges country dismantlement of the labour recruitment in southern programmes

countries established contemplated the

Europe, many European or

establishment of large—scale voluntary repatriation in

programmes

the mid —1970’s. France, Germany and the Netherlands in particular embarked such usually providing travel costs and

upon programmes,

financial plus favourable credit possibilities for the estab-

a grant

lishment of small enterprises in the of origin. Upon receipt

country

of funds, the labour revoked. In the Netherlands, the

permit was formed of larger development project in all

return programme part a

major sending countries, aimed at job creation. However, the effects of these fairly limited in

programmes were

of the number of returning. With the of the

terms persons emergence

crisis in the mid -1980’s, the and removal of rejected asylum return became priority issue of this section.

asylum—seekers a see next part

Nevertheless, the basis of earlier experiences regards voluntary

on as countries the Netherlands and

repatriation, many such as Germany,

have entered into co—operation with IOM, which has Belgium assisted the voluntary of than 80,000 migrants.

return more

Asylum policies: General Trends

Asylum policies, which for decades played subordinated role in the

a

Western European entry systems, of primordial importance

are now

as they provide for the single most important entry channel, although

this the intention of The overviews show never was states. country

that asylum policies and under intense review and reform

systems are

in all examined countries. As opposed policies, asylum

to entry

policies and legislation have been analysed in a number of international comparative overviews in Therefore, only

recent years. some

basic comparative data will be presented here. During the last 5-7 asylum legislation and practices in

years,

Western Europe have undergone rapid of thorough

a process stream-

lining and mutual adaptation at the international level. The

harmonization efforts of EU initiated in 1986 with the work states,

the Dublin convention, have been major factor behind this

on a

process, reinforcing the country of first asylum principle and its implementation. The EU harmonization exercise gradually

now

moving towards the streamlining of criteria and of general processing

All the studied European States have

requirements. At the time, non—EU have been

introduced the possibility to take finger- same states eager to

prints of asylum-seekers adapt their systems to those of the EU states, and a number of

informal bilateral and multilateral have ensured that the contacts

whole EUEFTA region will and harmonize efforts.

co—operate

The Western European of policy concertation be

process can

summarized follows. All the studied European states have intro-

as

duced the possibility take finger-prints of asylum—seekers,

to a

in the light of the high of arrivals

necessary measure percentage

without documents. All countries rapid asylnmproce-

can resort to dures

for manifestly unfounded applications and implement the country first asylum principle and certain of them have decided on

third

safe countries. Some countries have gone one step further, and

introduced the of

concept safe countries origin. All countries have

simplified and speeded the process by establishing legal reforms and decentralizing the first instance decision—making render

to more

efficient. Countries with than level of appeal striving

more one are to

introduce simple two—level first and second instance,

a system

constitutionally feasible. All countries increasing their efforts

are to removal decisions

enforce concerning rejectees, among others by

of detention facilitate deportation. All count—ries have

way so as to

allocated impressive administrative,

financial and personnel resources

to the decision—making bodies. Finally, in all countries reception

for

facilities asylum—seekersduring the processing period have become

Table Some indications tbe ongoing harmonization asylum procedures

Rapid procedure for Safe country manif. unfounded Country of first of origin Fingerprints Detention applications asylum principle principle

Austria x x x x x Denmark x x x x

Finland x x x x x France x x x x

Germany x x x x x

Netherlands x x x x x

Norway x x x x Sweden x x x x Switzerland x x x x x United Kingdom x x x x

linked the processing such, with view to increase more to as a control and safeguard cost-efficiency. The table below necessary illustrations of the high degree of de facto

table 9 provides

harmonization. Other items covered by the table, are explained and commented further in the text.

and identity control

Asylum application

The of the examined countries provide for the application majority of asylum be filed both outside the country at Embassy etc., to an the border and inside the after entry. Recently, some at country Switzerland, Austria and the Netherlands, have countries notably introduced rules indicating special authorities which applications to are to be sent for examination. Taking finger-prints of asylum—seekers was previously only app- Today, the drastic increase of asylum—seekers lied in a few countries. without documents and the forthcoming application of the Dublin and has made the taking of finger-prints indis- Schengen agreements and United Kingdom such rules intropensable in Germany were duced late in 1993. Many countries have also recently initi-ated as as possible exchange fingerprints and other legislation to make to

data of asylum—seekers with other countries for example

identity in and Austriain 1993. This others, Norway 1992 among necessary for the of computerized for control of implementation a system

level and the application of the asylum-seekers at European to ensure above-mentioned of first asylum agreements. Many countries country already carry out data exchange. has been noted that nearly 15 of all the asylum-seekers Many countries have introduced per cent regulations to increase pressure on the in Switzerland and Austria during 1991 had filed applications in both applicant to provide proper identity in countries and that 3,000 of the 1993 applications Germany were data. double. Other also taken to guarantee that the applicant measures are his countries e.g. Norway, Denmark states correct identity. Many

and Switzerland have introduced regulations to increase pressure on

the identity data. The asylum law of applicant to provide proper new

Austria makes possible to cut off social assistance to uncooperative

of hearings. Other countries make cases non—appearance at may use of detention that applicant the right prolonged to ensure an states identification.

for manifestly unfounded

Rapid procedures

applications

in the majority of the

Nowadays rapid procedures are practised

examined countries. The German legislation also makes such new Earlier in the Netherlands and rapid procedures possible. legislation in United did allow for rapid procedures for manifestly Kingdom not unfounded applications, but introduced in 1993. usually was the rapid procedures should take 5-7 days, but in prescribed that

many countries they are accomplished in 2-3 days.

Implementation of the country of first

asylum principle

This principle implies thatan asylum—seeker can be sent back to the

where he first arrived, the offer protection. All country country can the examined countries apply this principle since the mid European -1980’s. The of asylum principle the of the country cornerstone Dublin and A few only Denmark, Schengen agreements. years ago Austria and Canada had legislation providing for the Norway, application of the country of first asylum principle. However,

Canada still not implementing the legislation, whereas all other examined countries for several have applied the principle in

years

practice though France the full extent. As result of revisions

not to a

of the asylum legislation which took place in Germany, the Netherlands, United Kingdom and France in 1993, the country of first asylum principle has also been introduced in their legislations. In

The country of first asylum principle from the France, evident the country overview, amendments as were the cornerstone the Dublin and

approved the Parliament after objections by Constitutional Council

Schengen agreements. I had been overcome.

The study shows that only Germany and Finland explicitly

mention the countries considered safe first countries of first as

asylum safe third countries, they named in the German

or as are

legislation. As mentioned in the overview, all EU and EFTA

country

and neighbouring Poland and the Czech Republic indicated

states are

being safe third countries in the German legislation. Other

as new

European countries, having introduced the of safe third

concept

countries their legislation, usually provide general criteria for assessing whether of first asylum be considered

a country to as a safe Austria, for instance, has included clause in its country or not. a

asylum law which stipulates that all countries which apply the

new 1951 Geneva Convention be considered safe first countries are to as

of asylum. Some other European countries have indicated certain

criteria in Government bills such the signature of number of

as a

relevant international instruments consider third

to a country as

safe, and which asylum applicants could be back The

to sent to. new

Dutch legislation safe third countries, which under consideration

on

however, similar the German and provides for the mentioning

to one

of specific safe third countries.

The safe country of origin principle

In order facilitate the scrutiny of manifestly unfounded asylum

to

claims either in the rapid procedure in the regular first instance

or

procedure, countries have recently introduced the concept of

two

safe countries of origin in their asylum legislation: Switzerland in

1990 and Germany in 1992. As mentioned, Netherlands preparing legislation similar the German In its asylum law of 1992,

a to one. new

Austria has included general clause which stipulates that asylum

a

shall be granted the applicant already be considered enjoy

not can to

protection in another The following explicitly

country. are men-

tioned in the Swiss and the German laws safe countries of origin: as Albania only Switzerland, Bulgaria, Czech Republic, Gambia, Ghana, Hungary, India only Switzerland, Poland, Romania, Senegal and Slovak Republic. In Switzerland, continuous review of a the list takes place, with the aim of introducing further countries. The decision exclude include in the list taken by the to or a country Federal Government. From the formal point of view, the same procedure for making changes in the list also valid Germany. However, the safe list the result of intricate discussions as country was between all major political parties in connection with the German 1993 asylum decision, will presumably be difficult make more to changes in the German list in flexible a manner. Other Western European countries do indicate precise criteria not

facilitate the in theiasylum by defining whether

to assessment process of origin safe of not. However, inquiries made amongst a country Western European countries general in this regard on assessments confirms high degree of conformity. Nevertheless, some countries a e.g. officially advocate against the utilization of the France concept

of safe countries of origin, since mutatis mutandis all countries not

mentioned in safe list could be claimed to be non-safe. a country

Existing asylum criteria

In the preface of this has already been underlined that does survey, detailed information legislative developments, not aim to provide on trends. The asylum and refugee legislation of but at indicating policy countries has been dealt with in detail in number of comparative a studies. Hence, only of policy trends will be provided a summary here. all the examined countries have the included the criteria of All the examined countries have refugee same fundamental legal basis tor the the 1951 Geneva Convention in their national legislation, either granting of refugee status re~ the Convention incorporating the wording of the ferring to or Convention criteria without explicitly referring the Convention. to Thus, all the examined countries have the fundamental legal same basis for the of refugee However be noted that granting status. must only few countries accord the right to asylum to applicants, complying with the criteria, in their legislation. This fully in accordance with

international law. the in addition the refugee inherent in During l970’s, to concept the 1951 Convention, European countries introduced the many

of de facto refugees in their respective national legislation

concept

e.g. refugees from violence, draft resisters and others who do not all the requirements of the Geneva Convention. Following the

meet

increase of applicants qualifying the criteria of de facto refugees and also of applicants in need of protection at all, states reverted

no some

the previous legislation e.g. the Netherlands did in 1988.

to so

Presently, only four of all the countries covered by the still

survey

maintain the of de facto refugees their legislation Denmark,

concept

Finland, Sweden and Switzerland. However, all the examined

countries have gradually developed legislation which makes possible residence non—Convention special humanitarian

to grant to cases on

grounds. In countries, such Austria, the Netherlands, Norway,

some as

Sweden and Switzerland, such humanitarian status has been explicitly codified in the legislation, whereas other countries make of

use

special clauses allow belonging this category to stay

to persons to

temporarily for instance Germany and United Kingdom.

The of affairs concerning the inclusion of the three

present state

criteria Convention, de facto and humanitarian special

status

status in the respective national legislations shown in

temporary

the table below table 10. Brackets imply that the respective

see

legislation does explicitly provide for humanitarian but

not status,

that other corresponding instruments for special

or temporary status

be applied in in Germany Duldung, in United

can some cases

Kingdom exceptional leave to remain etc.

Table 10. Types status incorporated in national legislation

Humanitarian or Convention De facto-status similar status status

Austria x Australia x Canada x

Denmark x x

Finland x x France X Germany X Netherlands x Norway Sweden Switzerland

United Kingdom

USA

War victims from former Yugoslavia

The arrivals of 540,000 citizens of Bosnia—Herzegovina, since the outbreak of in 1992, to Western European countries, constitutes war the biggest European refugee flow since the Hungarian uprising in 1956. These arrivals contributed the of recent to emergence a new form of European refugee status, namely TPS temporary protected status. These legal did previously exist. All EU arrangements not

with the exception of Greece and EFTA states have

states most now introduced the their legislations. The TPS TPS concept respective regulations imply that the national authorities review the situation in Bosnia—Herzegovina six months and, prolong the every necessary, for the whole of citizens of Bosnia—Herzegovina for status category another period of six months depending the development of the on situation. Those granted TPS registered in traditional asylum are not procedures, only appearing there for short time. Austria or are a 1993, Denmark 1992, Finland 1992, Netherlands 1993 and most recently Sweden April 1994 have also introduced this special and in France and Germany the regional authorities have concept, been vested with the decide TPS. However, the power to on new Swedish legislation in principle applicable for the victims not war

from Bosnia—Herzegovina who already have arrived.

This special protection system, constituting European a new for from the European region deserving arrangement persons protection, countries geared towards from Bosniain most persons Herzegovina. Applicants from Kosovo total of since

e.g. a 550,000

1985 be found in the traditional asylum and about 80 are to systems cent of the applicants from Kosovo have been finally rejected, of per which have returned have been removed their home many or to region. Totally about 950,000 from the territory of former persons Yugoslavia have arrived to the examined states in Western Europe since the outbreak of aggression Croatia in 1991 of whom 460,000 on , have been registered in the asylum system and the rest provided were with rejected. Since 1991, 90 of all temporary status or were per cent who left former Yugoslavia arrived the following four persons to countries: Germany 550,000, Sweden 112,000, Austria 105,000, and Switzerland 83,000. The table below gives overview of the an

situation table 11.

Table 11. Data arrivals from former Yugoslavia since 1991

on

Of which citizens No. arrivals from of Bosniaex- Yugoslavia since 1991 Herzegovina Temporary protected status TPS

Asylum- Others

seekers

Austria 15,000 90,000 70,000 Status prolonged June-Dec. 1994

Denmark 18,000 1,000 15,000 Nov. 1992, decisions each new six month Finland 2,000 0,500 1,000 No TPS, but humanitarian status 6,000 23,000 15,000 The Prefet issue six months France can visas 270,000 330,000 The Länder decide TPS Germany 283,000 may on Netherlands 9,000 15,000 TPS since August 1992, valid until 16,000 January 1995 1,500 9,000 TPS basis of rules for Norway 16,000 on current humanitarian status

Sweden 111,000 1,000 43,000 TPS law adopted 1994, not applied

Switzerland 32,000 51,000 35,000 Status prolonged until April 1995

United 5,000 Only for ex-detainees, medical Kingdom 8,000 13,000 cases

507,000 460,000 538,000

Processing time for asylum applications

extensive investments staff and administrative and

Following on reform, well computerisation, of the examined legal as as most countries have been able decrease the time required

to to process

applications in the first instance from approximately 10

asylum

months in 1989 of 7-8 months. takes 1 month to a present average

in the Netherlands and Austria, 4 months in France and Denmark,

6 in Switzerland and 12 months in Germany from 24 months in

1939}

Approximately 75-80 of all the first instance decisions

per cent

in the examined European countries. Earlier, the

are appealed against time for the second instance processing than

average was more one

but presently 11 months in Germany, 8 in the Netherlands,

year,

in Denmark, France and Switzerland, and only 2 months in

6 Austria.

Right to work for asylum-seekers

Since the total waiting times still considerable in countries, are many

the debate whether appropriate from humanitarian, labour

on market and migration control aspects to allow asylum-seekers to work regularly arises. As of fact, countries have a matter many recently reintroduced the right work, the waiting time has to as tended increase. Presently, asylum-seekers allowed to work in to are

the following countries, under certain conditions: Germany after 3

months German EU citizen available for the job, Switzerland no or

after 6 months, but only there local labour available, Finland

no

and Norway after 4 months, Sweden the processing expected take than 4 months and the Netherlands, but only to

to more a limited degree. Canada introduced in early 1994 the right for asylumseekers work during the procedure. to The possibility for asylum-seekers to work recently revoked was in France. There right work in Denmark and in the majority no to of the Southern European immigration countries.

End results of asylum processing

Paradoxically, the traditional European asylum established system, the l950’s, capable of catering for the European refugees of not today, in the of the victims of Bosnia-Herzegovina. This as case war due inflexible institutional with regard massive to response to of protection—deserving and the overburden of movements persons the system with non-protection-deserving applicants. Today, only a fraction of formal asylum applicants in the examined European countries found the criteria of the 1951 Geneva Convention, are to meet after full and fair asylum procedures.

Today, fraction formal asylum In 1992, the following recognition Convention status

only a rates applicants the examined European recorded in of the which covered this were some states are by survey: countries are found to meet the criteria Australia 4,3 cent, Austria 12,5 cent, Germany 4,3 per cent, of the 1951 Geneva Convention, after per per Netherlands 9,5 Norway 3,5 Sweden 5,0 cent, full and fair asylum procedures. per cent, per cent, per Switzerland 4,5 and United Kingdom 3,0 Only per cent per cent.

France 29,0 per cent and Canada 57,0 per cent registered high

recognition The high in France the result of rates. rate a preselection procedure, consisting of the deduction of manifestly unfounded applications from the official asylum statistics. In most other countries, however, manifestly unfounded asylum applications also included in the asylum statistics. are

A general downward trend regarding the recognition

rate

according the Convention characteristic for developments

to

during the last in the examined countries. However, entries

ten years

in the asylum procedure of applicants from former Yugoslavia i.e. mainly non-Bosnians from 1991 onwards has contributadto slight

a

increase of recognition according the Convention countries

rates to

concerned. Characteristically, de facto and humanitarian status display downward trend the with the recognition rates a over yezrs, exception of applicants from the Republics of former Yugoslavia only since 1991 and notably citizens of Sri Lanka, Somalia, Iraq and

Iran.

Hence, the majority of asylum applicants have hc: negative

to

asylum decisions after full and fair procedures, from Iranians,

apart

Iraqis and few other Thus, in 1992 the rejection rate after

a groups.

full procedures the of, for instance, Ghaneans 79 per cent

case was

in Canada, 93 in Germany and 98 United

per cent per cent n

Kingdom. In 1992, the rejection rate of Romanians per cent

was

in Germany, 92 in UnitediKingdom and much 99

per cent as as per

in Denmark and 100 in Norway.

cent per cent

Removal and readmission

As mentioned earlier, about 80 of asylum-seekers whose

per cent

remained when the applicationshave been applications were rejected

turned down illegally in the moved neighbouring

country, or to a

file application. The introduction of stricer asylum

country to a new

practices in a number of European states in recent years hasprobably

led increase the voluntary the countryof origin.

to an returns to

Thus, in of the examined countries, efforts inzreasingly

many are

being made that returns take place, necessariy also by

to ensure

of directly the country of origin. For irstance, in

way escort to about 80 per cent of asylum-seekers

Germany the number of escorted removals of asylum rejzctees has

whose applications were rejected increased from 3,300 in 1992. Other courtries have remained when the applications have 1989 to 10,800

been turned down illegally the country, also improved the efficiency of their in ensuring thcnecessary

systems

or moved to a neighbouring country to of the Netherlands escortd

return asylum rejectees. In returns

file a new application. increased from 2,700 in in and in Switzerand from 1990 to 7,500 1992 900 in 1989 2,300 in 1992. to

In all the examined countries, asylum rejectees bedetained,

can

removal. Usually, the respective national legislatans allow pending for detainment of 2-4 days following decisions admnistrative

a on

grounds. A court decision normally required for a longer detainment period. In such cases detainment of asylum rejectees can be permitted between 10 days and months

as France to 12 maximum time for

detainment of asylum rejectees in Belgium, Canada, Denmark and Germany. A problem which has been growing the non—willingness of countries of first asylum and countries of origin allow for the to readmission of in particularly undocumented, who persons, once were residing in or transiting these countries. Hence, considerable efforts carried out with view conclude readmission are a to agreements, in particular with and between countries in Central and Eastern Europe. Whereas there existed total of about 15 such readmission a agreements between European in 1985, the number of already states signed bilateral readmission agreements now about 65 and an additional under negotiation. The between the 15 are agreement Schengen members and Poland, signed in 1991 still the only example of a multilateral readmission agreement.

Government costs for asylum Costs for the asylum system

processing and social reception of asylum-seekers could be estimated In this the survey, present malfunctioning of asylum policies and to US $ 11,6 billion. -Their total - - procedures has been alluded in several to paragraphs. The asylum contributions to UNHCR 1992 system has in fact, mentioned, become the single main amounted to US $ 670 million. as entry channel for non-refugees, against all intentions of Moreover, states. the processing of applications and the reception of asylum-seekers Government funds. Unfortunately, there consume enormous no elaborate comparative analysis of the of asylum in costs systems European states. ICMPD currently preparing a detailed comparative study this topic. on In this processing for the handling of context, costs cover costs applications in the first instance and appeal instance 700,000 new new applications in 1993 in OECD states, as well as of the backlogs

of applications from previous estimated be 1.200,000 in the

years to OECD states in 1993. Salary costs for staff involved in the filing and examination of asylum applications examples of processing are expenditure: the total number of eligibility staff has increased the West European countries from 800 1985 8,500 in 1993, and there to have been considerable increases in the OECD overseas states as well. Moreover, processing also refer administrative costs to equipment infrastructure, computers etc. well to legal assistance as as

6 I4-0845 81

and removal The total asylum processing costs for all the

costs.

examined countries taken together could be estimated to be at the

level of US $ 470 million in 1993.

Costs for the reception of asylum—seekers refer to Governmentsponsored for the provision of social assistance and for

programmes

accommodation during the processing. These in all the

costs were

examined taken together, estimated to be at the level of about

states,

US $ 11,1 billion in 1993. The annual reception cost for

average an

asylum—seeker in Western Europe about US $ 15,000,

amounts to

with big variations from US$ 1 1,200 in Germany

country to country

but US $ 19,000 in Sweden.

In 1993, in all countries studied, Government costs for asylum processing and social reception of asylum-seekers could be estimated

be the level of US $ 11,6 billion. In 1992, these countries to at same

contributed total of US $ 44,5 billion to development assistance

a

according OECDDAC. Their total contributions to UNHCR

to in 1992 amounted US $ 670 million. In other words, their to

contributions UNHCR for the settlement of global refugee

to

problems amounted 5,8 of their for outdated

to per cent costs an

asylum mainly catering for the irregular inflow of

system, non-

protection-deserving migrants. And their costs for this system

corresponds 26,1 i.e. fourth of what they disburse

to per cent one

ODA, others rectify global economic and social

as among to

imbalances which give rise flows, bound increase in the

to mass to future.

IV.

CONCLUDING ASSESSMENT

The original of this provide Simplified purpose survey was to a comparative overview facilitate ongoing policy in to an reassessment Sweden. However, emerged that the of the might contents survey also be of interest in wider international a context. The dealt with the following fundamental questions. Will survey the entry control and asylum systems of Western Europe, established as they were in the 1920’s and the 1950’s, be able to function efficientin world where of people potentially bound a mass movements are to increase To what extent have Western European nations already harmonized their and asylum in view of the European entry systems,

political integration process Has immigration to Western Europe

already started not What the size and of to grow or structure immigration into Western Europe in comparison with traditional immigration states And what the ultimate role and overseas of immigration into Europe today, from the purpose as seen perspective of states Hence, the does not deal with policies and in survey measures Western Europe with view population displacements a to prevent from occurring in regions of origin, by of political, humanie.g. way tarian military action, development assistance, trade liberalization or etc; neither does deal with refugee and humanitarian policies at large, as seen from a Western European perspective, aiming at provid-

ing protection and lessen human suffering. Finally, also does not

address the issue of how Western Governments have presently organized themselves multilaterally, and how they should ideally organize themselves in the future, achieve balanced blend of well to a targeted policies and efficient joint action cf. annex Clearly, the two areas of Government action, i.e. heavier entry control view of growing migratory and efficient preventive pressures action avoid from occurring, closely interlinked. to movements are The less there of the latter, the of the former. However, more that this balancing exercise will have be carried seems to out more

energetically than hitherto. The appropriate mix between passive and active immigration policies would also have be restored avoid to to

future influx problems at a significant scale.

The major findings of this namely that the balance survey are between active and passive Western European immigration policies disappeared after the fictitious immigration halt of the mid -1970’s.

The balance between active and passive refugee policies also was discontinued after the massive arrivals of non—deserving asylum applicants by the mid -1980’s. Therefore, twofold of longa process policy restoration would have be initiated urgently far term to as as the Western European countries concerned, since migratory are national borders anyhow will increase substantially. pressures on Efficient and internationally harmonized border control policies irregular and illegal flows, rapid removals are necessary to stem as are the home countries. More could definitely be done, international to in these However, control policies will be co-operation, respects. not sufficient the world of without certain notions the tomorrow on and of immigration for the development of sovereign meaning purpose nations, from their perspectives and national prerogatives. as seen own The data presented in the which have prompted these survey, tentative conclusions, could be summarized follows: as Since the mid -1980’s, annual immigration to Western Europe — show consistent rise, and these migratory seems to a pressures be expected to decrease the coming decades, given cannot regional and global change during the last eight alone, total years actual immigration Western Europe has increased from 1 gross to million i to 3 annually; Moreover, the share of total actual immigration to Western Europe — which of irregular non-pre-selected character tends an to increase each increase from nearly 50 of

year an 20 to per cent

total annual immigration only during the last eight years; On the other hand, family reunion for stable seems to account a — share of 25-30 of total immigration to Western Europe, per cent in spite of increasingly stricter family reunion policies, whereas the labour share of total inflows, proportionately, the on decrease result of the above-mentioned drastic increase of as a arrivals non—deserving asylum-seekers and

irregular of basically

illegal aliens; Moreover, that the bulk of irregular flows consists of —— seems family and labour oriented immigration, and that these flows are bound continued the borders of all examined to exert pressures on countries in the years to come, notwithstanding stricter entry

control and efficient anti-trafficking measures; be noted that total real immigration Western must gross to Europe twice large, in absolute terms, total real imminow as as gration to USA, Canada and Australia taken together. In addition, European countries experience inflows which many are significantly bigger than those of individual immigration overseas countries, and they also have larger share of foreign—born; a A conclusion be made for Western European therefore to states that they, nolens volens, will have adapt higher immigration to to levels and that they therefore should be equally concerned of whom they would like to receive whom they would not like to as receive; At the time, there clear trend of policy in same a convergence terms of the management of irregular flows between Western Europe and North America, in particular with regard to the for— mation of entry visa regimes and the emphasis removals in both on continents; In Western Europe, the informal harmonization of entry policies already far-reaching, and could hopefully have a dampening effect irregular arrivals: the joint visa regime under development, on the introduction of transit visas and carrier sanctions important are in this direction, the increasing co-operation combat steps as to migrant trafficking; Also regards asylum policies, high degree of informal as a very harmonization has been achieved in recent years, notably as a

result of stringent application of the of first

a more country asylum principle, based comparable for the rapid upon systems examination of manifestly unfounded applications, and also as a result of the administrative streamlining of asylum systems, including a more heavy emphasis on removals of rejectees; Finally, the shows evidence for the diminishing impact of survey active refugee and humanitarian policies the total inflows. on Apart from the positive development of parallell and efficient a for the protection of victims from former system temporary war Yugoslavia, refugee intake by of pre—selection for way accounts only 3-6 of total immigration Western European percent to states. The contributions to UNHCR of all examined countries for active global refugee aid corresponds to 5,8 cent of their per total for asylum which have developed into major costs systems a entry channel for non-pre—selected immigrants. Costs for the asylum correspond fourth of the total entry systems turn to one contributions development assistance of examined to states.

Annex I

OVERVIEW OF RELEVANT INTER-GOVERNMENTAL FORA

Current meeting No. of articistates

Fora Areas frequency per year pating in . . activities .

UNHCR Excom, Refugee affairs 8-10 90

Sub-Committee on Protection and meetings

former Yugoslavia

on IOM Council, Executive Migration affairs 4-6 83 Committee and specialized seminars

Informal consultations Asylum and 15-20 16

IGC migration affairs ILO Labour migration, 3-4 166 migration and

development

asylum

and related groups 11. Nordic co-ordination Entry control and 4-5

asylum

group 12. Central European Migration affairs 2-4 Initiative migration group

13. Baltic council Illegal migration 3-4 11

sea migration group

14. BerlinBudapest process Illegal migration 5-10 36

15. ECE Statistics 2-4 46 16. CSCE—process Prevention of migration 1-2 53 17. International Centre for Political strategies, 5-10 10-15 Migration Policy East-West co—operation,

Development ICMPD multilateral overview, special projects

Annex

LIST OF SOME AVAILABLE COMPARAIVE STUDIES ON ENTRY AND ASYLUM POLICIES

A. Documents from international organizations

EC Ad hoc Group Immigration, Inventaire matiêre d’asile:

on en

procédure, Brussels 1991

EC Ad hoc Group Immigration, Compilation of Texts European

on on

Practice with Respect Asylum, Brussels 1993

to

Commission of the European Communities, Communication from the Commission to the Council and the European Parliament

on

the Right of Asylum, Brussels 1991

Commission of the European Communities, Communication from the Commission the Council and the European Parliament

to on

Immigration, Brussels 1991

Commission of the European Communities, Communication of the Commission to the Council and the European Parliament

on

Immigration, Brussels 1993

Commission of the European Communities, Immigration: the

Situation in the EC Member in 1992, Brussels 1992 states

OECDSOPEMI, Trends in International Migration, OECD, Paris

OECDSOPEMI, Trends in International Migration, OECD, Paris

OECD Working Party Migration, Acquisition of Nationality in

on OECD Countries, Paris 1993

OECD Working Party Migration, Comparative Analysis of

on

Regularisation Experience in France, Italy, Spain and the United

states, Paris 1990

Council of Europe, CDMG, Recent Developments in policies relating to migration and migrants, Strasbourg 1993

Inter—Governmental Consultations Asylum, Refugee and

on

Migration Policies in Europe, North America and Australia,

Asylum Seekers in Western Europe EC and EFTA in 1992 ed. Widgren and M. Bisi, Geneva 1992

Inter—Governmental Consultations Asylum, Refugee and on Migration Policies in Europe, North America and Australia, Overview: Return of rejected Asylum Seekers ed. N. Baruch, Geneva 1992

Inter—Governmental Consultations Asylum, Refugee and on Migration Policies Europe, North America and Australia,

Summary Description of Asylum Procedures in in Europe,

states North America and Australia ed. A.—G. Nielsen, Geneva 1992 updated in 1994

Inter—Governmental Consultations Asylum, Refugee and on Migration Policies, Statistical analysis of Asylum Applications in participating states, Geneva, 1994

Humanitarian Issues Working Group of the International Conference the former Yugoslavia, Survey the Implementation of on on Temporary Protection, Geneva, 1994

UNHCR, Legal Factsheets Asylum Procedures Western Europe, on Geneva 1993

UNHCR, The State of the World’s Refugees, Geneva, 1993

UNHCR, Populations of UNHCR, A statistical overview, concern to Geneva 1994

B. Other documents Bayerisches Staatsministerium des Innern, Neue Vergleichsstudie zu

Asyl olitik, Asylgewährung und Asylrechtspraxis in Frankreich,

Gro britannien, Danemark und Osterreich, München 1991

Reception for Persons in Need of International Protection,

Centre policies Research, Amsterdam

or Migration 1993

Asyl i Norden, Dansk Flygtningehjaelp, Copenhagen 1990

Legal and Social Conditions for Asylum Seekers and Refugees in Selected European Countries, Danish Refugee Council, Copenhagen 1993

Castles and M. Miller, The Age of Migration International —- Population Movements in the Modern World, London 1993

D.A. Coleman, The World the Move International Migration in on 1992, United Nations Commission for Europe, Geneva 1993

Collinson, Europe and International Migration, London 1993

Collinson, Beyond borders: West European Migration Policy towards the 21st Century, London, 1993

K. Hailbronner, Möglichkeiten und Grenzen einer europäischen Koordinierung des Einreise- und Asylrechts, Baden-Baden 1989

K. Hailbronner ed., Asyl- und Einwanderungsrecht im europäischen Vergleich, Europäische Rechtsakademie Trier, Köln 1992

K.A. Hamilton ed., Migration and the New Europe, Washington D.C., 1993

Hawkins, Critical Years in Immigration, Canada and Australia Compared, Montreal and Kingston 1991

R. E. Immigration and Nationality Policies of Leading Jenks, Migration Nations, Center for Immigration Studies, Washington 1992

ed.. The Geography of European Migrations, R D.King New London and New York, 1993

D. M. Meissner ed., International Migration Challen in New es a Era, The Trilateral Commission, New York, Paris Tokyo 1993 an Moulier Comparative Analysis of Y. BoutangD. Papademetriou, and Their Performance, OECD, Paris 1993 Migration Systems

D. North, America’s Immigration Policy: What How Formed, and What Produces: A Summary for Europeans, Washington 1993

Salt, Current and Future International Migration Trends Affecting Europe, Council of Europe, Strasbourg 1992

Salt, Current and Future International Migration Trends in Europe,

Council of Europe, Strasbourg 1993

Salt, A. Hogarth, Europe’s International Migrants, Singleton London 1994

LIST OF ABBREVIATIONS

BFF Bundesamt für Flüchtlinge, Bern CAHAR The Council of Europe Committee of Experts on the Legal Aspects of Territorial Asylum, Refugees and Stateless Persons CDMG The Euro Committee Migration of the can on Council Europe o CSCE Conference Security and Co—operation in Europe on ECE United Nations Economic Commission for Europe, Geneva EFTA European Free Trade Association, Geneva

EES The European Economic Space the

1991 agreement economic co—operation between EU and EFTA on EU The European Union Eurostat The EU Statistical Office, Luxemburg ICMPD International Centre for Migration Policy Development, Vienna IGC Intergovernmental Consultations on Asylum, Refugee and Migration Policies in Europe, North America and Australia, Geneva ILO International Labour Office, Geneva IND Immigration and Naturalization Department, Haag INS Immigration and Naturalization Service, Washington D.C.

IOM International Organization for Migration, Geneva

ODA Official Development Assistance OECD Organization for Economic Co—operation and Development, Paris OECDDAC The Development Assistance Committee of OECD OFPRA Office Français de Protection des Réfugiés et Apatrides, Paris SIV Swedish Immigration Board Statens Invandrarverk, Norrköping SOPEMI Systême d’Observation Permanente des Migrations, OECD UDI The Aliens Directorate Utlendingsdirektoratet, Oslo UN United Nations UNHCR United Nations High Commissioner for Refugees, Genêve TPS rotected status KL‘-§Gl. IBL. 90 3994-11- O

g;TQc.3EHOLM v

Statens offentliga utredningar 1994

Kronologisk förteckning

Ändrad ansvarsfördelningför denstatliga 35. Vår andes ochandras. stämma-

statistiken.Fi. Kulturpolitik ochinternationalisering.Ku.

N Kommunerna,Landstingenoch Europa 36. Miljö ochfysisk planering. M. . + Bilagedel.C. 37 Sexualupplysning ochreproduktivhälsaunder . Mänsföreställningar om kvinnor ochChefskap. 1900-taleti Sverige. UD. . Vapenlagenoch EG. Ju. 38. Kvinnor, bamocharbetei Sverige 1850-1993. UD. . Kriminalvård och psykiatri. Ju. 39. Gamla är ungasom blivit äldre.Om solidaritet . Sverigeoch Europa.En samhällsekonomisk mellangenerationerna. Europeiskaäldreåret1993. . konsekvensanalys. Fi. 40. Långsiktigstrålskyddsforslcning. M.

EU, EESoch miljön. M. 41. Ledighetslagstiftningen en översyn. A. . — Historisktvägval Följdemaför Sverigei utrikes- 42. Staten ochtrossamfunden. C. . ochsäkerhetspolitiskthänseende av att bli, 43. Uppskattadsysselsättning om skattemas betydelse respektiveinte bli medlemi Europeiskaunionen. UD. för denprivatatjänstesektom.Fi.

Förnyelseoch kontinuitet- om konstochkultur 44. Folkbokföringsuppgiftemaisamhället.Fi.

i framtiden. Ku. 45. Grunden för livslångtlärande. U.

10.Anslutningtill EU Förslag till övergripande 46. Sambandet mellansamhällsekonomi, transfereringar lagstiftning. UD. ochsocialbidrag.

ll. Omkriget kommit... Förberedelser mottagande för 47. Avveckling av denobligatoriskaanslutningen

av militärt bistånd 1949-1969 + Bilagedel. SB. till Studentkårerochnationer.U.

12. Suveränitet och demokrati 48. Kunskapför utveckling + bilagedel.A.

+ bilagedelmed expertuppsatser. UD. 49. Utrikessekretessen. Ju.

JIK-metoden, m.m. Fi. 50. Allemanssparandet en översyn. Fi. - Konsumentpolitiki enny tid. C. 51. Minne ochbildning. Museemas uppdrag och . På väg. K. organisation bilagedel.Ku. +

Skoterköming jordbruks-ochskogsmark. 52.Teaterns roller. Ku. . Kartläggning och åtgärdstörslag. M. 53.Mästarbrev för hantverkare.Ku. Års- och koncemredovisningenligtEG-direktiv. 54. Utvärdering av praxisi asylärenden.Ku. . Del och I II. Ju. 55.Rätten till reformeratbilstöd. S. ratten- Kvalitet i kommunalverksamhet nationell 56. Ett centrum for kvinnor som våldtagitsoch . uppföljning och utvärdering. C. misshandlats.S.

Rena roller i biståndet- styrningocharbetsfördelning 57. Beskattning fastigheter,del av Principiella i en effektiv biståndsförvaltning. UD. utgångspunkterför beskattning av fastigheter m.m.

Reformeratpensionssystem. Fi

Reformeratpensionssystem. Bilaga A. 58.6 Juni Nationaldagen.Ju. . Kostnaderoch individeffekter. 59.Vilka vattendragskall skyddas Principeroch

22. Reformeratpensionssystem. Bilaga B. forslag.M.

Kvinnors ATP och avtalspensioner. 59. Vilka vattendragskall skyddas Beskrivningar av

23. Förvaltabostäder. Ju. vattenområden. M.

24. Svenskalkoholpolitik en strategiför framtiden. 60. Särskildaskäl utformningoch tillämpning av - - 25. Svenskalkoholpolitik bakgrundochnuläge. S. 2 kap. 5 § och andrabestämmelser i - 26. Att förebyggaalkoholproblem.S. utlänningslagen.Ku.

27. Vård av alkoholmissbrukare. 61. Pantbankernas kreditgivning. N.

28. Kvinnor ochalkohol. 62. Rationaliserad fastighetstaxering,del Fi.

Föräldrar Alkohol. 63.Personnummer integritetoch effektivitet. Ju. 29. Barn- - - 30. Vallagen. Ju. 64.Med raps i tankarna M.

31. Vissa mervärdeskattefrågor III Kultur m.m. Fi. 65.Statistik och integritet,del 2 Lag om - - 32. Mycket Under Samma Tak. C. personregisterfor officiell statistik m.m. Fi.

33.Vandelns betydelsei medborgarskapsärenden, m.m. 66. Finansiellatjänsteri förändring. Fi.

Ku. 67. Räddningstjänst i samverkan ochpå entreprenad.

34. Tekniskt utrymme för ytterligareTV-sändningar.Ku. Fö.

68. Otillbörlig kurspåverkan och vissainsiderfrágor. Fi.

Statens offentliga utredningar 1994

Kronologisk förteckning

69. On the GeneralPrinciples of Environment 99.Domareni Sverige inför framtiden Protection.M utgångspunkter för fortsatt utredningsarbete. . - 70. Inomkommunalutjämning.Fi. Del A+B. Ju. 71. Om intyg och utlåtanden som utfärdas av hälso- 100.Beskattningen vid gränsöverskridande ochsjukvårdspersonaliyrkesutövningen.S. omstruktureringarinom EG, m.m. Fi. 72. sjukpenning, arbetsskadaoch förtidspension 101.Höj ribban förutsättningar och erfarenheter. Lärarkompetensför yrkesutbildning.U. - 73. Ungdomars välfärd och värderingar en under- 102.Analysochutvärdering av bistånd.UD. sökningom levnadsvillkor, livsstil och attityder. C. 103.Studiemedelsñnansierad polisutbildning. Ju. 74. Punktskattema och EG. Fi. 104.PVC en plan för att undvikamiljöpåverkan.M. - 75. Patientskadelag. C. 105.Ny lagstiftning om radio och TV. Ku. 76. Trade andthe Environment-towards a 106.Sjöarbetstid.K. sustainableplaying field. M. 107.Säkrareñnansiering av framtidakärnavfalls - 77. Tillvarons trösklar. C. kostnader.M. 78.Citytunnelni Malmö. K. 108.Säkrarefinansiering av framtida kärnavfalls- 79.Allmänhetens bankombudsman. Fi. kostnader Underlagsrapporter.M. - 80.iakttagelserunder en reform Lägesrapport från 109.Tågetkommer. K. - Resursberedningens uppföljningvid sex universitet 110.Omsorgoch konkurrens. S. ochhögskolor av det nya resurstilldelningssystemet lll. Bilars miljökiassningoch EG. M. för grundläggande högskoleutbildning.U. 112.Konsumenterna ochlivsmedelskvaliteten. 81.Ny lag om skiljeförfarande.Ju. En studie av konsumentupplevelser. Jo. 82.Förstärkta miljöinsatseri jordbruket 113.Växande råvaror. M. svensktillämpning av EGzsmiljöprogram. Jo. 114.Avfallsfri framtid. M. - 83. Övergång verksamheteroch kollektiva 115. Sjukvårdsreformeri andra länder. S. av uppsägningar.EU och densvenska arbetsrätten. A. 116.Skyldighet att lagraolja och kol. N. 84. Samvetsklausulinom högskoleutbildningen. U. 117. Domstolsprövning förvaltningsärenden.Ju. av 85. Ny lag om skatt energi. 118. Informationsteknologin-Vingar människans En teknisk översyn och EG-anpassning. förmåga.SB. . Motiv. Del 119.Livsrnedelspolitik för konsumenterna. Reformen - - Författningstextoch bilagor. Del II. Fi. som kom av sig. Jo. - 86.Teknologi och vårdkonsumtioninom sluten 120. Finansiell leasing av lös egendom.Ju. somatisk korttidsvård1981-2001.S. 121.Bosparande. Fi. 87. Nya tidpunkterför redovisningochbetalning av 122.Trygghet mot brott i lokalsamhâllet. Kartläggning, skatteroch avgifter. Fi. principiella synpunkteroch förslag. Ju. 88.Mervärdesskatten och EG. Fi. 123. Miljöombudsman.M. 89.Tullagstifmingenoch EG. Fi. 124.Varu- ochpersonkontroll vid EU:s yttre gräns. Ju. 90.Kart- och fastighetsverksamhet 125. Samordnadinsamling av miljödata.K. finansiering,samordningoch 126.Husläkarreformensförsta halvår. S. författningsreglering.M. 127. Kronan Spiran Äpplet. En universitetsstruktur ny 91.Trafiken och koldioxiden Principerför att minska i södra Stockholmsområdet. U. trafikenskoldioxidutsläpp.K. 128.Lokal Agenda21 en vägledning.M. - 92. Miljözoner för trafik i tätorter. K. 129.Företagares arbetslöshetsersättning. A. 93.Levandeskärgårdar.Jo. 130.Försäkringunder krigsförhållanden.Fi. 94. Dagspresseni1990-taletsmedielandskap.Ku. 131. Skyddetvid deninre gränsen. Ju. 95.En allmän sjukvårdsförsäkring offentlig regi. i S. 132.landstingens ansvar för kliniskt forsknings-och 96. Följdlagstiftningtill miljöbalken. M. utvecklingsarbete.S. 97.Reglering av Vattenuttagur enskildabrunnar. M. 133.Miljöpolitikens principer. M. 98. Beskattning förmåner. Fi. 134. Över-prövning besluti plan-och byggärenden. M. av av 135.TheKey to Europe a comparative analysisof entry andasylum policies Westerncountries.Ku.

Statens 1994

offentliga utredningar

Systematisk förteckning

Statsrådsberedningen Kostnaderoch individeñekter. [21]

Reformerat pensionssystem. Bilaga B. Om kriget kommit... Förberedelserför mottagande av Kvinnors ATP och avtalspensioner. [22] militärt bistånd1949-1969+ Bilagedel. Svenskalkoholpolitik en strategiför framtiden.[24] Informationsteknologin - Svensk alkoholpolitik bakgrundochnuläge.[25] -Vingar människansförmågan 18] - Att förebyggaalkoholproblem.[26]

Justitiedepartementet Vård av alkoholmissbrukare. [27]

Kvinnor ochalkohol.[28] VapenlagenochEG [4] Alkohol. [29] Barn- Föräldrar Kriminalvård ochpsykiatri. [5] - Gamla är ungasom blivit äldre. Om solidaritetmellan Års- och koncemredovisningenligt EG-direktiv. generationerna. Europeiska äldreåret 1993. [39] Del och I II. Ju. [17] Sambandetmellan samhällsekonomi, transfereringar Förvalta bostäder.[23] ochsocialbidrag. [46] Vallagen. [30] Rätten till reformeratbilstöd. [55] Uuikesselqetessen. [49] ratten-

Ett centrum för kvinnor som våldtagitsoch 6 Juni Nationaldagen. [58] misshandlats.[56] integritetoch effektivitet. [63] Personnummer- Om intyg och utlåtanden som utfärdas av hälso-

Ny lag om skiljeförfarande.[81] och sjukvårdspersonal i yrkesutövningen. [71] Domaren i Sverige inför framtiden sjukpenning, arbetsskada och förtidspension utgångspunkter för fortsatt utredningsarbete. - förutsättningar ocherfarenheter.[72] Del A B. [99] + - , Teknologioch vårdkonsumtioninom sluten Studicmedclsfinansierad polisutbildning.[103] somatisk korttidsvård1981-2001.[86] Domstolsprövningav förvaltningsärenden.[117] En allmän sjukvårdsförsäkringi offentlig regi. [95]

Finansiellleasingav lös egendom. [120] Omsorg ochkonkurrens.[110] Trygghet mot brott i lokalsamhâllet.Kartläggning, Sjukvårdsreformeri andra länder. [115] principiella synpunkteroch förslag. [122] Husläkarreformensförsta halvår. [126] Varu- och personkontrollvid EU:s yttre gräns. [124] Landstingens ansvar för kliniskt forsknings- och Skyddetvid den inre gränsen. [131] utvecklingsarbete.[l32]

Utrikesdepartementet Kommunikationsdepartementet Historiskt vägval Följdema för Sverigei utrikes- och - På väg. [15] säkerhetspolitiskt hänseende av att bli, respektiveintebli Citytunnelni Malmö. [78] medlem i Europeiskaunionen. [8] Trafiken och koldioxiden Principer för att minska Förslagtill övergripande - Anslutningtill EU - trafikens koldioxidutsläpp.[91]

lagstiñning.[ l Miljözoner för trafik i tätorter. [92] Suveränitetoch demokrati Sjöarbetstid.[106] + bilagedel med expertuppsatser. [12] Tågetkommer. [109] Rena roller i biståndet- styrningoch arbetsfördelning Samordnad insamling av miljödata. [125] i en effektiv biståndsförvaltning.[19]

Sexualupplysning och reproduktivhälsaunder 1900-talet Finansdepartementet i Sverige. [37] Ändrad ansvarsfördelning för den statligastatistiken. [1] Kvinnor, barn och arbete i Sverige1850-1993. Sverigeoch Europa.En samhällsekonomisk Analys och utvärdering av bistånd.[102] konsekvensanalys. [6]

Försvarsdepartementet JIK-metoden, m.m. [13]

Vissa mervärdeskattefrågor III Kultur m.m. [31] Räddningstjänsti samverkanoch på entreprenad.[67] - Uppskattad sysselsättning om skattemas betydelse för denprivata tjänstesektom. [43]

Socialdepartementet

Folkbokföringsuppgiñema i samhället. [44]

Mäns föreställningar om kvinnor ochchefskap.[3] Allemanssparandet översyn. [50] - en Reformerat pensionssystem. [20] Beskattningav fastigheter, del Principiella - Reformerat pensionssystem. BilagaA. beskattning fastigheter [57] utgångspunkter för av m.m.

Statens offentliga utredningar 1994

Systematisk förteckning

Rationaliseradfastighetstaxering,del Fi. [62] Tekniskt utrymme för ytterligareTV-sändningar.[34] Statistikoch integritet, del 2 Vår andes ochandras. stämma- Lag om personregisterför officiell statistik m.m. [65] Kulturpolitik ochinternationalisering.[35] - Finansiella tjänsteri förändring. [66] Minneochbildning. Museernasuppdragoch Otillbörlig kurspåverkanochvissainsiderfrågor.[68] organisation bilagedel.[51] + Inomkommunalutjämning.[70] Teaternsroller. [52] Punktskatterna och EG. [74] Mästarbrevför hantverkare.[53] Allmänhetensbankombudsman. [79] Utvärdering av praxisi asylårenden.[54] Ny lag om skattpå energi. Särskildaskäl utformningochtillämpning av 2 kap. - En teknisk översyn och EG-anpassning. 5 § och andrabestämmelser i utlänningslagen.[60] Motiv. Del Dagspresseni1990-taletsmedielandskap.[94] - Förfatmingstextochbilagor. Del Il. [85] Ny lagstiftning om radio ochTV. [105] - Nya tidpunkterfor redovisningochbetalning av TheKey to Europe a comparativeanalysisof entry skatterochavgifter. [87] andasylumpoliciesin Westerncountries.[135] Mervärdesskatten och EG. [88] Tullagstiftningenoch EG. [89] Näringsdepartementet

Beskattning förmåner. [98] av Pantbankemas kreditgivning.[61] Beskattningenvid gränsöverskridande Skyldighet att lagraolja ochkol. [116] omstruktureringarinom EG, m.m. [100] Bosparande.[121] Arbetsmarknadsdepartementet Försäkringunderlcrigsförhállanden.[130] Ledighetslagstiñningen en översyn [41] Statligamyndighetersavtal.[136] - Kunskapför utveckling + bilagedel.[48] Övergång av verksamheterochkollektiva upp- Utbildningsdepartementet sägningar. EU och den svenskaarbetsrätten.[83] Grundenför livslångtlärande.[45] Företagares arbetslöshetsersättning. [129] Avveckling av den obligatoriskaanslutningentill studentkåreroch nationer.[47] Civildepartementet Iakttagelserunder en reform Lägesrapportfrån - Kommunerna, Landstingen ochEuropa. Resursberedningens uppföljningvid sex universitet + Bilagedel.[2] ochhögskolor av det nya resurstilldelningssystemet Konsumentpolitiki enny tid. [14] för grundläggande högskoleutbildning.[80] Kvalitet kommunalverksamhet nationell i - Samvetsklausul inom högskoleutbildningen. [84] uppföljningochutvärdering.[18] Höj ribban MycketUnderSammaTak. [32] Lärarkompetensför yrkesutbildning.[101] Staten ochtrossamfunden. [42] Kronan Spiran Äpplet. En ny universitetsstruktur Ungdomars välfärd ochvärderingar en under- i södraStockholmsområdet. [127] sökning levnadsvillkor,livsstil och attityder. ]73] om Patientskadelag. [75] Jordbruksdepartementet Tillvarons trösklar. [77] Förstärktamiljöinsatseri jordbruket svensktillämpning av EG:s miljöprogram. [82] Miljö- och naturresursdepartementet - Levandeskärgårdar.[93] EU, EES ochmiljön. [7] Konsumenternaoch livsmedelskvaliteten. Skoterkömingpåjordbruks-ochskogsmark. En studie av konsumentupplevelser. [112] Kartläggningochåtgärdstörslag.[16] Livsmedelspolitikför konsumenterna. Miljö ochfysiskplanering.[36] Reformen som kom av sig. [119] Långsiktigstrålskyddsforslming. [40] - Vilka vattendragskall skyddas Principeroch Kulturdepartementet förslag. [59] Förnyelseochkontinuitet- om konstochkultur Vilka vattendragskall skyddas Beskrivningar av i framtiden.[9] vattenområden.[59] Vandelnsbetydelsei medborgarskapsärenden, m.m. [33]

Statens 1994

offentliga utredningar

Systematisk förteckning

Med raps i tankarna [64] On the GeneralPrinciples of Environment Protection.[69] Trade andthe Environment towards a sustainableplaying field. [76] Kan- och fastighetsverksarnhetfinansiering, samordningoch författningsreglering.[90] Följdlagstiftningtill miljöbalken. [96] Reglering av Vattenuttag ur enskildabrunnar. [97] PVC en plan för att undvika miljöpåverkan.[104] - Säkrarefinansieringav framtidakärnavfallskostnader. [107] Säkrare finansiering av framtida kämavfallskostnader Underlagsrapporter. [108] - Bilars miljöklassningoch EG. [111] Växanderåvaror. [113] Avfallsfri framtid. [114] Miljöombudsman.[123] Lokal Agenda21 en - vägledning.[128] Miljöpolitikens principer. [133] Överprövning av beslut plan- i ochbyggärenden.[134]

The Key to Europe

There are open doors to Europe for people in certain specific situations as the result of national decisions. There for exampel, one door for those who are subject to political persecution and who need protection, and there another door for members of their famiIies.There are also additional doors which allow entry for a limited number of people. But, for the most part, all the doors are closed. How many people pass through these various doors What do people do when they want to come in, but do not happen to be a situation which entitlesthem to entry—for example people who wantto improve their standard of living and give their children a better future there some key which can open Iocked doors This book givs many of the answers to these questions its description of developments over the past decade and the changes which are taking place

today. No overall survey of this kind has been undertaken previously.

Some Brief Extracts from the Study

Total annual immigration into Western European states currently twice as

high as total immigration into the three traditional countries of immigration

overseas.

There increasing awareness that immigration will inevitably increase. i

The bulk of immigration takes place in an irregular fashion.

The asyum instrument.. .has become a major channel forpermanentimmigra-

tion by non-refugees. The question to be discussed what measures could be taken to avoid immigration occurring, outside the established systems, within a control framework acceptable to Western democratic states.

FRITZES

POSTADRESS: 10647 STOCKHOLM FAX 08-205021, TELEFON 08-6909090 ISBN 91-38-138-12-3 ISSN0375-250X