Unauthorised residents: EU/Pakistan return accord backed by EP committee

14 Jul 2010 07:58 AM

An agreement with Pakistan on the readmission of individuals resident in the EU without authorisation was backed by the EP Civil Liberties Committee on Tuesday 13 July.

This controversial agreement, on which Parliament has a right of veto, seeks to combat clandestine immigration by making it easier to return illegal immigrants to their country of origin.  It will be debated then put to a plenary vote in Strasbourg in the week of 6 to 9 September.

According to the European Commission - on the basis of 2008 figures - around 13,000 Pakistani citizens have been apprehended in an irregular residence situation in the EU.  The Commission has been negotiating with Pakistan for eight years on an agreement which is part of a broader move towards closer cooperation on immigration.

Following the entry into force of the Lisbon Treaty, the European Parliament has a right of veto over readmission agreements.  The Civil Liberties Committee's recommendation, drafted by Casaba Sógor (EPP, RO) and adopted on Tuesday by 29 votes to 22 with 0 abstentions, proposes that the agreement be approved. The Foreign Affairs Committee has taken the same view.

"Pakistan is an important country of origin and transit", said Csaba Sógor, who pointed out that under the accord the Member States "must respect obligations arising from international law, such as the non-refoulement principle, and they will be held liable for expulsions before their national courts".

"We have won guarantees"

Nathalie Griesbeck (ALDE, FR) announced that her group was going to "vote in favour overall, as we have won written guarantees" that the Commission will enforce the non-refoulement principle as well as the principle that individuals must not be sent back to a country where they might suffer serious harm. "The Commission has given firm undertakings.  Now it must act and Parliament must ensure it abides by those undertakings", she said.

What is the impact of existing agreements?

Speaking against the agreement, Sylvie Guillaume (S&D, FR) said: "Many questions have been asked and we have received very few clear answers. The Commission's undertakings are a basis, not a step forward". She was also disappointed that Parliament has so far received "no information on the existing readmission agreements".  There are eleven such accords (with Bosnia-Hercegovina, the former Yugoslav republic of Macedonia, Moldova, Montenegro, Ukraine, Serbia, Albania, Hong Kong, Macao, Sri Lanka and Russia).

Pakistan has not ratified the Geneva Convention

The Greens/EFA group also opposes the agreement.  "Pakistan is already the country that receives the biggest number of refugees in the world and nothing suggests that the Commission's undertakings can be applied in practice", argued Hélène Flautre (Greens/EFA, FR).  "Pakistan has not ratified the Geneva Convention", added Cornelia Ernst (GUE/NGL, DE).

As a result, a minority opinion, which will be published as an annex to the report, has been tabled by the S&D, Greens/EFA and GUE/NGL groups.

The United Kingdom has opted in to this legislation, while Denmark has opted out.

In the chair: Juan Fernando LÓPEZ AGUILAR (S&D, ES)

Committee on Civil Liberties, Justice and Home Affairs

Further information :

Website of Civil Liberties, Justice and Home Affairs Committee