COUNTRY FACTSHEET: CROATIA 2012

Transcription

1 COUNTRY FACTSHEET: CROATIA 212 EUROPEAN MIGRATION NETWORK 1. Introduction This EMN Country Factsheet provides a factual overview of the main policy developments in migration and international protection in Croatia during 212, including latest statistics. It has been prepared in conjunction with the European Commission s 4th Annual Report on Migration and Asylum (212). 2. Legal Migration and Mobility 2.1. PROMOTING LEGAL MIGRATION CHANNELS The Aliens Act entered into force on 1 January 212, in which 22 legal acts of the EU acquis have been implemented. The Act includes particularly areas related to the entry, stay and work of the nationals of the European Economic Area member states as well their family members. On 9 May 212, the Ordinance on the Status and Work of Aliens 1 entered into force. The latter simplifies and speeds up the procedure for the temporary and permanent stay as well as work permits. Amendments to the existing legislation have contributed significantly to the enhancement and efficiency of procedures for granting stay and work permits to aliens, taking into account security aspects. For example, a unique permit for stay and work of aliens in the territory of the Republic of Croatia has been introduced. All provisions entered into force on 1 July ECONOMIC MIGRATION Third-country workers may work in the Republic of Croatia on grounds of an issued Stay and Work Permit or a Certificate of Registered Work, unless the Aliens Act stipulate otherwise. The Stay and Work Permit may be issued on grounds on the Annual Quota and outside the quota. For the permits extension and for new employments, the Government defines the next year Annual Quota for the Employment of Aliens not later than 31 October of the given year. The Aliens Act stipulates also the categories of persons who may be granted the Stay and Work Permit outside the Annual 1 (Official Gazette No 52/12) Quota. The Act also provides three different categories of persons that may work in the country, those being for: 3, 6 or 9 days in a calendar year on grounds of the Certificate of Registered Work 2. The Aliens Act also introduced: the EU Blue Card Directive, Directive 25/71/EC admitting third-country nationals for the purpose of scientific research was also introduced by Aliens Act. The later also provides a category of temporary stay for other purposes, such as: the use of property by nationals of the European Economic Area member States and temporary stay permit on humanitarian reasons FAMILY REUNIFICATION Temporary stay for the purposes of family reunification may be granted to a third-country national who is a member of immediate family: of a Croatian national, of third-country national who has been granted with temporary or permanent stay, or of a third-country national who has been granted international protection in compliance with the provisions of the Asylum Ac. Family members shall prove the purposes of temporary stay, means of subsistence, valid travel documents as well as health insurance and they must prove they do not represent a threat to public order, national security or public health. However, temporary stay for family reunification shall not be granted to a family member of a third-country national who has Stay and Work Permit for the purpose of seasonal work INTEGRATION In 212, a Croatian Language Curriculum for Asylum Seekers, Asylees and Aliens under subsidiary protection and over the age of 15 was adopted in order to ensure their access to secondary school education and education of adults. 3 Also, following activities undertaken during 212, on 25 July 213, the government adopted an Action Plan for the removal of obstacles in the exercise of particular rights in the area of integration of aliens in the Croatian society for the 2 (Articles 82, 83 of the Aliens Act.). 3 Croatian Official Gazette, No 1/12.

2 period 213 to 215. The coordinating body for the implementation of this measure is the Croatian Government s Office for Human Rights and Rights of National Minorities. Overall, the provision of health and social care services for third-country nationals in Croatia are within the responsibility of the Ministry of Social Policy and Youth and the Ministry of Health, while the Ministry of Science, Education and Sport is responsible for the removal of language barriers. 2.5 MANAGING MIGRATION AND MOBILITY 4 In Croatia, the National Border Management Information System (NBMIS) monitors border control processes with a view to executing tasks of state border surveillance, facilitating movement of persons and goods, and preventing cross-border crime and illegal migration efficiently. The NBMIS has been integrated into the existing information system of the Ministry of Interior and to the Interpol database, representing a platform for future integration within the Schengen Information System (SIS). The visa system has been introduced by the Regulation on the Visa System. 5 Croatia has been applying the common EU visa policy since 1 July 213, which implies direct application of: Council Regulation (EC) No 539/21 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement as amended, and Article 3 and Annex IV of the Visa Code (Regulation (EC) No 81/29 establishing a Community Code on Visas. Certain provisions of the Regulation on the Visa System 6 ceased to apply upon the accession of the Republic of Croatia to the EU. On 8 March 212, the government adopted a Decision to temporarily suspend the visa regime for the citizens of the Republic of Azerbaijan, Republic of Kazakhstan, Russian Federation and Ukraine, allowing the citizens of those countries to temporarily not be required to possess a visa to enter Croatia and stay on a shortterm basis up to 9 days, or to cross the territory of Croatia. The temporary suspension applied from 1 April to 31 October 212. Also, on 2 December 212, the government adopted a new Decision to temporarily facilitate the entry of aliens on the basis of valid Schengen residence permits and visas from 1 January to 31 December 212 and an additional Decision was introduced from 1 January 213 until the accession of Croatia to the European Union. Also during 212, the Croatian Border Police participated in five FRONTEX joint operations and hosted one. 4 Managing migration and mobility refers to the following themes: visa policy, Schengen governance and border monitoring. 5 Croatian Official Gazette 13/11 and 74/13 6 Croatian Official Gazette 54/12 and 38/13 3. International Protection and Asylum Legislation in the Republic of Croatia on the area of international protection, migration and aliens in general, has been fully harmonised with the European acquis. Currently, the Ministry of the Interior is drafting amendments to the Asylum Act in order to introduce the Qualifications Directive (211/95/EU). Amendments to the Asylum Act should be adopted by the end of 213. Regarding reception capacity, during 212, the Ministry of the Interior undertook intensive actions for strengthening administrative and accommodation capacities, for example the recruitment of new officers to deal with asylum matters and adapting the Porin hotel in Zagreb as a central Reception Centre for Asylum Seekers. The current capacity of the two accommodation centres in Croatia is of 35 people, the aim is to increase the capacity to approximately 7 persons in 213. Currently, the major problem regarding the work and procedures of asylum seekers is the misuse of rights of asylum general, commonly known as Asylum Shopping. Numerous migrants from Afghanistan, Iraq, Iran, Pakistan, Sudan, Somalia, Tunis, Libya, Morocco, Algeria and other Asian or African countries apply for asylum, and statistics show that before their asylum procedure is completed, more than 8 % of asylum seekers try to cross illegally the state border of the Republic of Croatia to enter the Republic of Slovenia or some other European Union country to apply for asylum there and try to stay there (secondary migration). Another major problem in the area of asylum is that a significant number of asylum seekers do not provide an established identity or nationality. Regarding EASO activities, the Ministry of the Interior has participated at the EASO meetings and workshops, as well as at the national contact point s network meetings during Unaccompanied Minors and other Vulnerable Groups The new Aliens Act 7 defines vulnerable groups and prescribes that, when dealing with third-country nationals, the police have to take into account the needs of vulnerable groups. In addition, a special facility for unaccompanied minors and other vulnerable groups is foreseen within the organisational unit within the Border Police Directorate which has a current capacity of 116 people. The centre is envisaged within the IPA 211 Project Upgrading the capacities for minors and other vulnerable groups of illegal migrants in the Reception Centre for Aliens. Finally, Croatia is currently working on proceedings to adopt the Protocol on the treatment of children separated from their parents-foreign nationals. Overall, the Protocol 7 Croatian Official Gazette 13/211 and 74/213 2

3 aims to: further raise the level of protection of unaccompanied children; create prerequisites for the safe return to the country of origin, family reunification or provision of care through the integration into the Croatian society; introduce a standardised procedure for dealing with unaccompanied children; acquaint responsible individuals with the procedure to be used in identification and provision of assistance and protection and; improve cooperation of government authorities. The Protocol shall be enacted by the Conclusion of the Government of the Republic of Croatia (enacted on the 18th of July 213). 5. Actions against Trafficking in Human Beings In the context of protecting the victims of trafficking in human beings (THB), a temporary stay permit shall also be granted on humanitarian grounds, to a thirdcountry national who has, as a victim of trafficking in human beings, accepted the programme of assistance and protection. The permit is also granted to unaccompanied minors, or to: abandoned minors, minors which are victims of organised crime, or those whom have been deprived of parental protection or guardianship for any other reason. The Ministry of the Interior co-operates with civil society organisations in the identification of THB victims; where the victim is a minor, the Ministry is also obliged to co-operate with the Ministry competent for social welfare. The Operational Team of the National Committee for Combating Trafficking in Human Beings shall inform the Ministry of the Interior of the victims accepting the assistance and protection program. A victim to whom a temporary stay has been granted is entitled to safe accommodation, health protection, financial assistance, education and employment. The Border Police Directorate has also participated in different activities, such as lectures and training related to the prevention of trafficking in human beings. 6. External Dimension of EU Migration Policy In order to promote and strengthen the protection of human rights and fundamental freedoms, the Ministry of the Interior together with the Croatian Law Centre und UNHCR have been for five years successfully implementing the project entitled Monitoring of Conduct of Police Officers of the Ministry of the Interior of the Republic of Croatia in the Area of Illegal Migration and Asylum Border monitoring. The Republic of Croatia is also active both in the Prague and Budapest Processes. Within the Budapest Process Croatia chairs the Working Group on Illegal Migration in the South Eastern Europe. 7. Irregular Migration Regarding new policy developments on the area of irregular migration, the new Aliens Act 8 and the Ordinance on the Treatment of Aliens have transposed the following Directives: Return Directive; Council Directive 21/51/EC implementing the Schengen Agreement of 14 June 1985; Council Directive 22/9/EC defining the facilitation of unauthorised entry, transit and residence; Council Directive 23/11/EC on assistance in cases of transit for the purposes of removal by air; Council Directive 21/4/EC on the mutual recognition of decisions on the expulsion of third country nationals, Council Framework Decision 22/946/JHA on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence; Council Decision 24/191/EC setting out the criteria and practical arrangements for the compensation of the financial imbalances; Council Decision 24/573/EC on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders. Also during the PHARE 25 PPF Project Support to the Ministry of the Interior in Preparing Project/Tender Documentation for Transit Aliens Reception Centres was implemented. Under such project a study was developed for the construction of two new transit reception centres for illegal migrants and the premises for the accommodation of minors within the Aliens Reception Centre in Ježevo. Tovarnik and Trilj were chosen as the locations for the future transit centres to be built and the government is currently drafting the technical documentation, and resources for the construction of these transit centres are planned to be provided from the Schengen Facility Fund. 8. Provision and Exchange of Information to support Policy Development Croatia exchanges information on the basis of the Memorandum of Understanding on Statistics Data Exchange on Illegal Migration and Participation in the Regional Early Warning System, in which all bodies of the signatories states 9 have to submit statistical reports through their national contact points on a monthly basis. STATISTICAL ANNEX The Statistical Annex provides an overview of the latest available statistics for Croatia on aspects of migration and asylum (21-212), including residence, asylum, unaccompanied minors, irregular migration, return and visas. Where statistics are not yet available, this is indicated in the Annex as N/A. 8 Croatian Official Gazette 14/213 and 86/213 9 Signed on 2 th November 28 by Albania, Bosnia and Herzegovina, Montenegro, Croatia, Macedonia and Serbia. 3

4 Statistical Annex: Immigration and Asylum in Croatia (21-212) Figure 1: Temporary residence permits, by reason (21-212) 25, 2, 15, 1, 5, Total Family reasons Education reasons Remunerated activities reasons Other reasons Table 1: Temporary residence permits: Top 5 nationalities (21-212) 1. Bosnia and Herzegovina 8,76 1. Bosnia and Herzegovina 8, Bosnia and Herzegovina 5, Serbia 1,54 2. Serbia 1,81 2. Serbia 1, Kosovo 1,3 3. Kosovo 1, Kosovo 1,33 4. Germany Germany 1,15 4. Germany Macedonia Slovenia 1,92 5. Slovenia 963 Table 2: Permanent residence permits: Top 5 nationalities (21-212) 1. Bosnia and Herzegovina 4,71 1. Bosnia and Herzegovina 4, Bosnia and Herzegovina 5, Serbia 1, Serbia 1, Serbia 1,79 3. Germany 1, Germany 1, Germany 1, Slovenia 1, Slovenia 1, Slovenia 1, Macedonia Macedonia Macedonia 9 Figure 2: Resident population of third-country nationals (21-212) 4, 32,125 35,49 31,955 3, 2, 1, 4

5 Figure 3: Asylum seekers (21-212) 1,5 1, , Table 3: Asylum applications: Top 5 nationalities (21-212) Afghanistan Afghanistan Somalia Somalia Pakistan Algeria Algeria Syrian Arab Republic Syrian Arab Republic Pakistan 59 Table 4: Asylum applications (21-212) Total applications Of which granted: Refugee Subsidiary status protection , Figures 4-6: Asylum applications positive decisions (21-212) % 4% Refugee status 36% 6% 64% 69% Subsidiary status 5