David Cronin

France Flouts EU Law with Mass Deportations of Roma Gypsies

Broken bicycles and old suitcases mark the entrance to the makeshift camp. Ankle-deep in mud that is newly wet from a rain-shower, the visitor is taken by the hand by lively children to meet their parents.

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Europe Turning Away Migrants at Gunpoint

BRUSSELS, Oct 23 -- Weapons were pointed directly at migrants trying to enter Italy during a recent operation coordinated by the European Union's border control agency, it has been alleged.

In late September the French naval vessel Arago was taking part in an EU operation in the Mediterranean when it intercepted two boats carrying migrants.

While escorting the boats to the Italian island of Lampedusa, naval officers are reported to have kept their machine guns aimed at migrants throughout the journey.

Giusto Catania, an Italian member of the European Parliament, has described the use of weapons in this way as a "real scandal", contending that it is in breach of the mandate given to Frontex, the EU's border control agency.

Catania, who claims to have photographic evidence of the incident, argued that this use of weapons "creates a dangerous precedent" for future operations and highlights how Frontex is "concentrating more" on curbing clandestine immigration than on respecting the rights of people fleeing to Europe.

Located between Tunisia and Sicily, Lampedusa is used as a holding center for migrants, particularly from Africa. Over 6,500 landed on the island in the first six months of this year. About 400 others have drowned off its coast so far this year.

In July, Italy's right-leaning government, which has adopted a tough stance against immigration, announced a state of emergency over the large number of boats arriving on the country's shores.

An official with Frontex, which has its headquarters in Warsaw, said that the agency has "requested an explanation of the incident" that occurred last month.

To date, the only details it has been able to confirm are that shots were fired in the air by naval officers because unrest occurred when one of the boats was approached, "as often happens" during such operations, the official added. "The sea was rough and there was a danger that people could get really hurt, so shots were fired to calm them down. We are not aware of anything more than that."

Since it was declared operational in 2005, the powers and resources of Frontex have expanded considerably. At 70 million euros (90 million dollars), its budget this year is more than three times what it was in 2006. And under rules that came into force in 2007, it can dispatch teams of border guards to EU countries encountering an upsurge in the number of migrants hoping to enter their territory. So far, though, none of these squads, known as RABIT (Rapid Border Intervention Teams), have been deployed.

Frontex has also faced several allegations that its operations have flouted international standards. Earlier in September, the agency announced that it was conducting a joint investigation with Greek authorities into claims that human rights were violated during operations in the Aegean Sea.

This followed a litany of complaints against Greece over its lax approach to refugee law. The United Nations Refugee Agency (UNHCR) has berated Athens for systematically rejecting bids for asylum. Of 20,000 asylum applications lodged in Greece during 2007, only seven were granted.

The European Council on Refugees and Exile (ECRE), an alliance of groups working on behalf of asylum seekers, believes Frontex does not have a sufficiently comprehensive remit, as it does not address asylum issues.

"Frontex has stated that its activities to date have led to a considerable decrease in the number of irregular entries into the EU, presenting it as a success and a factor that contributes to saving human lives," said ECRE's Ana Fontal. "The number of irregular entrants into the EU may have decreased overall, but at what price? Does Frontex know how many of these people may have been seeking international protection? Were any able to access an asylum procedure, and where? What has happened to them now?"

Amnesty International is due to have discussions with Frontex next week.

Kris Pollet, a justice and home affairs specialist at Amnesty's Brussels office, said that this incident "needs to be investigated thoroughly", adding that the use of weapons in an operation designed to control borders would appear to be "disproportionate".

In a paper published last year, the Belgian League of Human Rights complained that by narrowing the focus of the agency's activities to border control, Frontex is ill-equipped to deal with situations where it intercepts vessels carrying asylum seekers.

Pollet added that it is "very worrying" that the mandate given to Frontex by EU governments is limited to border control issues and "doesn't mention the protection of human rights as such."

He argued that it is vital that this omission be remedied and that steps be taken to ensure that officers taking part in its operations are given training on human rights issues. Because most of the agency's activities are at sea, they are "very difficult for us to monitor," he said.

Gilles Van Moortel, a spokesman for the UNHCR, said that his organization provides training to Frontex officials on refugee protection. But he added: "Frontex is only a coordinating body. We don't have the capacity to give training to all the coastal forces of the EU."

European Arms Manufacturers Pump Weapons into Troubled Regions

BRUSSELS, Feb 8 (IPS) - One of the most horrific incidents that followed Kenya's disputed presidential election was the burning to death of 30 people taking refuge in a church in Eldoret.

Located in the west of the country, Eldoret is also home to an ammunition factory opened in the mid-1990s by the Belgian company FN Herstal.

The plant has been blamed earlier for providing supplies to armed factions in the genocide that swept through Rwanda in 1994. Now Amnesty International has documented human rights violations by Kenyan forces using weapons manufactured at the same site.

The continued involvement of a firm from the European Union in Kenya comes despite a decade-old EU code of conduct on arms sales.

The code stipulates that licenses to export weapons cannot be issued if there is a threat they will be used for internal repression or in armed conflicts. But because the bullets in Eldoret are made outside the EU, they are not covered by the code.

Nor has the code put an end to sales of weapons to countries encountering political turmoil or civil strife. The EU's latest annual report on military exports shows that in 2006 licenses for arms sales to Israel exceeded 1 billion euros (1.4 billion dollars), despite the Union's professed concern over Israeli attacks on Lebanon and in the Palestinian territories that year.

And even though EU countries are officially obliged to observe an embargo on arms sales to Sudan -- because of the conflict in its western province of Darfur -- licences with a value of over 2 million euros were issued for that country in 2006.

France also agreed to the sale of 25 armored vehicles in 2007 to neighboring Chad, which is now gripped by fighting between rebel forces and those loyal to President Idriss Déby.

Another weakness identified by human rights campaigners is that the code of conduct is not legally binding.

The EU's governments agreed in 2005 to make compliance with it mandatory. Yet the formal steps needed to give effect to that decision have not yet been taken, largely due to the stance adopted by France. Paris has indicated it would only be prepared to agree to upgrade the code's legal status when an EU arms embargo on China, imposed after the 1989 Tiananmen Square massacre, is lifted.

Representatives of 28 countries will gather in New York Feb. 11-15 to consider a worldwide treaty on controlling the arms trade.

The EU has been vocal in its support for such a treaty. Human rights campaigners have welcomed this support but they say it would have greater moral and political weight if the Union could strengthen its own rules on arms sales.

"It (the EU position) is clearly embarrassing, and it looks to the outside world as inconsistent," says Amnesty's Ollie Sprague.

He argues, too, that the EU's code needs to be strengthened so that it can address situations where European firms make weapons outside the Union's borders or through joint ventures with firms in other countries.

"Globalisation has not escaped the arms trade; it is a factor of modern commerce," he told IPS. "The code of conduct won't work unless governments tackle the globalisation factors."

In December, the EU's executive, the European Commission, unveiled proposals designed to simplify procedures for issuing arms export licenses followed by national governments within the Union. According to Günter Verheugen, the European commissioner for industry, the proposals will enable greater cross-border cooperation between arms companies in the EU and enhance the competitiveness of the defense sector.

But Frank Slijper from the Dutch Campaign Against the Arms Trade says that the Commission's blueprint could make it easier for European weapons to be sold to countries with an unenviable human rights record.

At present, Dutch companies making military components have to name the country where their goods will end up, even if they are selling those components on to another European firm that will later export them. Yet under the scheme advocated by the Commission, France would be listed as the country of destination if components are transferred from the Netherlands to a French company. The Dutch would no longer take account of the possibility that France could re-export the components.

"Generally speaking France has lower barriers on arms exports than the Dutch have," said Slijper. "We would lose a lot of control."

The Commission has been prepared to take greater account of arguments put forward by the defense industry than over human rights concerns, Slijper added. "The European NGO (non-governmental organization) network has a good voice," he said. "But to me, it seems way too weak to properly compete with the much stronger lobbying from the industry. A lot more needs to be done to get a proper counterbalance to a lobby that is more in favor of smooth markets and big trade volumes."

In May 2007, the International Criminal Court in The Hague issued an arrest warrant against Ahmad Muhammad Arun, Sudan's humanitarian affairs minister. He is accused of supplying G3 assault rifles to the Janjaweed, the militia that have caused wide scale suffering and death in Darfur.

Heckler and Koch manufacture these rifles. Founded in Germany following the Second World War, H&K was taken over by British Aerospace in the early 1990s.

"In Darfur, the German H&K rifle has been the main weapon," said Roman Deckert from the Berlin Information Centre for Transatlantic Security. "But nobody is really aware of that here."

"Officially, the (EU) code of conduct has been praised by European governments, but when it comes down to it, it has a lot of loopholes. Its implementation has been very weak." (END/2008)
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