FM Alert, Vol III, No. 16


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Subject: FM Alert, Vol III, No. 16

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FM Alert, Vol III, No. 16


April 23, 1999

THE AMSTERDAM TREATY: MIGRATION MANAGEMENT IN EUROPE

The Treaty of Amsterdam, which is due to enter into force on May 1,
will provide for the harmonization of immigration and asylum policies
of European Union member states. As such, the implementation of the
treaty provisions could serve as a model for similar harmonization
efforts in Central and Eastern Europe. "Arrangements made in the
western part of Europe will significantly influence the shaping and
the implementation of refugee policy in Central and Eastern Europe,"
said Forced Migration Projects Director Arthur C. Helton. "Particular
care should be taken now to ensure that those policy arrangements are
not antagonistic to the human rights of forcibly displaced persons."
The Amsterdam Treaty will transfer authority for the formulation of
migration-related policies from the national governments of EU states
to the European Commission in Brussels. Article 61 of the treaty
creates a five-year timeframe for policy coordination in a number of
spheres, including freedom of movement, asylum and immigration
procedures and judicial cooperation. Article 62, meanwhile, aims to
standardize border-crossing procedures, including a uniform format for
issuing visas. In the formulation of policy, Article 63 of the
Amsterdam pact states that the UN refugee treaties will serve as the
basis for policy harmonization.

FMP HOSTS INFORMAL MEETING ON TRAFFICKING

Representatives of human rights, immigrant rights and women's
organizations, as well as several academic experts, met on April 13 to
discuss issues relating to human trafficking, particularly in light of
two recent legislative initiatives on this matter. The meeting was
co-sponsored by the Forced Migration Projects and the Network Women's
Program of the Open Society Institute. Participants included
representatives from Human Rights Watch, the International Human
Rights Law Group, Equality Now, the International League for Human
Rights, the Coalition Against Trafficking in Women and the ACLU
Immigrant Rights Project. Many participants voiced various concerns
about the bills sponsored by Senator Paul Wellstone (D-MN) and
Representative Christopher H. Smith (R-NJ), currently before Congress.
Of greatest concern were the respective definitions of trafficking
victims in each of the bills. If passed in their current form, certain
categories of victims might not be adequately covered by the
legislation. While there was general agreement that greater
protections are needed for exploited and abused trafficking victims,
views diverged on the best approach to achieve such ends. It was
agreed to hold further consultations in Washington with Congressional
staff members and Administration representatives. A meeting is
tentatively planned for May.

FEDERATION OMBUDSMAN SUPPORT STRONG INTERNATIONAL ROLE IN KOSOVO
 
The Federation Ombudsmen for Bosnia and Herzegovina say there are
valuable lessons to be learned from the experience in that country in
considering the international community's approach to restoring
stability in Kosovo. The Bosnian Ombudsmen, interviewed by the Forced
Migration Projects, emphasized that planning should begin immediately
on post-conflict arrangements. Two Ombudsmen, Vera Jovanovic and Ms.
Branka Raguz, stated that the international community would need to
provide stronger mandates to international organizations responsible
for promoting stability.  Equally important, international officials
appointed to lead these agencies must be willing to act decisively in
the face of non-compliance, rather than negotiating political
compromises with the nationalist parties. Jovanovic, noting lost
opportunities in Bosnia, said that in Kosovo there should be "greater
transparency on behalf of the international organizations ... [to] set
a positive example for local officials and institutions." Jovanovic
stated that "nationalist parties in Bosnia have exploited the wording
in the Washington and Dayton agreements to reinforce rather than
overcome ethnic divisions in Bosnia, parties in Kosovo are likely to
do the same." The Forced Migration Projects have advocated effective
mechanisms to restore refugees and displaced persons to possession of
their homes in Bosnia, an issue likely to emerge in Kosovo, once the
conflict abates. (For additional information see FM Alerts of February
5 and January 15).

For more information contact:
The Forced Migration Projects
400 West 59th Street, 4th floor
New York, NY 10019
tel: (212)548-0655
fax: (212) 548-4676
e-mail: [email protected]
website: www.soros.org/migrate.html

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