T able of Contents INTRODUCTION... 7

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1 MINISTRY OF THE INTERIOR OF THE CZECH REPUBLIC 2005 Status Report on Migration in the Czech Republic Prague 2006

2 T able of Contents INTRODUCTION... 7 I. MIGRATION POLICY CORNERSTONES... 9 I.1. INSTITUTIONAL FRAMEWORK... 9 I.1.1. Scope of Responsibilities of the Ministry of the Interior...9 I Scope of Responsibilities of the Police of the Czech Republic...10 I.1.2. Scope of Responsibilities of the Ministry of Foreign Affairs...13 I.1.3. Scope of Responsibilities of the Ministry of Labour and Social Affairs...13 I.1.4. Scope of Responsibilities of the Ministry of Industry and Trade...14 I.1.5. Scope of Responsibilities of the Ministry of Justice...14 I.1.6. Scope of Responsibilities of the Ministry of Education, Youth and Sports...14 I.1.7. Scope of Responsibilities of the Ministry for Regional Development...15 I.2. LEGISLATIVE FRAMEWORK I.2.1. Act on the Residence of Aliens in the Czech Republic...17 I.2.2. Act on Asylum...20 I.2.3. Act on Employment...22 I.3. VISA POLICY I.3.1. Modernisation of the Visa Process...29 I Visa Information System (VIS)...30 I.3.2. Biometric Features in Travel Documents...30 I.4. NATIONAL BORDER PROTECTION I.5. NEGOTIATIONS OF THE CZECH REPUBLIC IN THE EUROPEAN UNION STRUCTURES I.5.1. Directives Adopted by the European Union in the Field of Asylum and Migration...36 I.5.2. Framework Programme Solidarity and Management of Migration Flows...37 I.6. THE CZECH REPUBLIC S PREPARATION FOR INVOLVEMENT IN SCHENGEN COOPERATION I.6.1. National Schengen Information System (N.SIS ČR)...41 I.7. ALIEN INFORMATION SYSTEM (AIS) I.8. EURODAC I.9. INTERNATIONAL COOPERATION I.10. ACTIVE MIGRATION POLICY I.11. ACTION PLAN ON COMBATING ILLEGAL MIGRATION FINAL SUMMARY OF THE CHAPTER II. LEGAL MIGRATION: LEGAL ENTRY AND RESIDENCE OF ALIENS IN THE CZECH REPUBLIC II.1. TYPES OF RESIDENCE II.2. VISAS II.3. CROSS-BORDER TRAFFIC II.4. ALIENS RESIDENCE IN THE CZECH REPUBLIC II.4.1. Foreign Nationals Having Czech Residence Permits...63 II.4.2. Temporary Residence with Long-Term Visas and Temporary Residence of EU Nationals...68 II.4.3. Permanent Residence...69 II.4.4. Migration and Settlement of Roma Community Members from the Slovak Republic to the Czech Republic...70 II.5. EMPLOYMENT AND ENTREPRENEURSHIP OF ALIENS IN THE CZECH REPUBLIC II.5.1. Employment of Aliens in the Czech Republic...73 II Illegal Employment of Aliens...76 II.5.2. Foreign Nationals Undertaking Business in the Czech Republic...78 II.6. ASYLUM II.6.1. Asylum and the European Union...80 II.6.2. Asylum Seekers...82 II Asylum Proceedings in the Czech Republic...87 II Share of the Czech Republic in the Number of Asylum Applications Filed in European Union in II.6.3. Minor Asylum Seekers Unaccompanied by Parents or Statutory Representatives...90 II.6.4. Dublin Centre Unit...92 II.6.5. Asylum Facilities...93 FINAL SUMMARY OF THE CHAPTER III. ILLEGAL MIGRATION III.1. ROUTES OF ILLEGAL MIGRATION IN THE EUROPEAN CONTEXT III.2. ILLEGAL MIGRATION IN THE CZECH REPUBLIC III.3. ILLEGAL MIGRATION ACROSS NATIONAL BORDERS

3 III.3.1. Numbers of Migrants and their Nationalities III.3.2. Illegal Migration Routes III.3.3. Mode of Entry into the Czech Republic III.3.4. Travel Documents III.3.5. Facilitated Unauthorised Border Crossing III Persons Smuggled in accordance with CIREFI Classification III.3.6. Illegal Border Crossing by Foreigners Hidden in Vehicles III.3.7. Repeated Illegal Crossing of the National Border III.4. ILLEGAL MIGRATION IN THE CZECH REPUBLIC VIOLATION OF RESIDENCE RULES III.4.1. Numbers of Persons and their Nationalities III.5. SUPPRESSIVE MEASURES III.5.1. Minor Offences and Administrative Minor Offences (Delicts) III.5.2. Administrative Banishment III.5.3. Banishment Ordered by Courts III.5.4. Alien Detention Centres III.6. THE SHARE OF ASYLUM SEEKERS AMONG ILLEGAL MIGRANTS III.7. READMISSION AGREEMENTS III.7.1. Implementation of Readmission Agreements with Individual Countries FINAL SUMMARY OF THE CHAPTER IV. CRIMINAL ACTIVITIES OF FOREIGN NATIONALS IV.1. FOREIGNERS PROSECUTED IN THE CZECH REPUBLIC IV.2. CONVICTED FOREIGNERS IV.3. CRIMINAL OFFENCES DETECTED BY UNITS OF ABPS OF THE CZECH POLICE V. INTEGRATION AND CITIZENSHIP V.1. INTEGRATION OF FOREIGNERS V.2. INTEGRATION OF REFUGEES V.3. RELOCATION OF COMPATRIOTS V.4. CZECH CITIZENSHIP VI. DEVELOPMENT PROJECTS VI.1. THE PROGRAMME OF HUMANITARIAN EVACUATIONS OF DISABLED PEOPLE (MEDEVAC) VI.2. PROJECTS OF INTERNATIONAL DEVELOPMENT COOPERATION VII. PROJECTS OF THE MINISTRY OF THE INTERIOR AIMED AT SPECIFIC CATEGORIES OF FOREIGNERS VIII. CONCLUSION TABLES II.2. VISA Legal migration overview of the number of filed visa applications by nationality II.3. TRAVEL ACROSS THE NATIONAL BORDER Legal migration travel across the national border of the Czech Republic - official border crossing points Legal migration - travel across the national border of the Czech Republic - official border crossing points comparison of the same periods of 2004 and II.4. RESIDENCE OF ALIENS IN THE CZECH REPUBLIC Legal migration- foreigners holding a residence permit in the Czech Republic Legal migration - foreigners holding a residence permit in the Czech Republic comparison of the same periods of 2004 and Legal migration - foreigners holding a residence permit in the Czech Republic comparison of the same periods of 2004 and Legal migration - foreigners holding a residence permit in the Czech Republic according to the territories administered by ABPS TDs comparison of the same periods of 2004 and Legal migration - foreigners holding a residence permit in the Czech Republic according to the regions of the Czech Republic (administrative structure) comparison of the same periods of 2004 and Legal migration - foreigners holding a residence permit in the Czech Republic according to the regions of the Czech Republic (administrative structure) Legal migration - foreigners holding a residence permit in the Czech Republic comparison of the situation as of the stated date of 2004 and Legal Migration Overview of numbers of EU and third country nationals according to the type of permitted residence as of 31 December Legal migration selected activities of the Alien Police Departments II.5. EMPLOYMENT AND BUSINESS UNDERTAKING OF FOREIGNERS IN THE CZECH REPUBLIC Legal migration employment of foreigners as of 31 December

4 Legal migration the number of entrepreneurs as of 31 December Legal migration the number of entrepreneurs - foreigners according to their gender as of 31 December Legal migration the number of entrepreneurs and small enterprises as of 31 December Legal migration - Economic activties of foreigners according to their gender as of 31 December II.6. ASYLUM Legal migration - asylum seekers and the number of people officially granted asylum in the Czech Republic in individual years Legal migration the overview of the number of persons granted asylum by year and nationality Legal migration - proceedings on withdrawal of asylum (7/ /2005) asylum granted and valid as of 31 December Legal migration the place where applications for asylum were lodged in by nationalities Legal migration comparison of the number of asylum seekers in European Union in 2004 and Legal migration the number of Dublin cases in 2004/ III.2. ILLEGAL MIGRATION IN THE CZECH REPUBLIC Illegal migration in the Czech Republic - comparison of the same periods of 2004 and Illegal migration in the Czech Republic - Year Illegal migration in the Czech Republic - year Illegal migration in the Czech Republic - year Illegal migration in the Czech Republic - year III.3. ILLEGAL MIGRATION ACROSS THE NATIONAL BORDER Illegal migration across the national border of the Czech Republic from Illegal migration across the national border of the Czech Republic comparison of the same periods of 2004 and 2005 total persons Illegal migration across the national border of the Czech Republic comparison of the same periods of 2004 and 2005 total persons (districts) Illegal migration across the national border of the Czech Republic in the regions according to administrative structure comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic division by continents Illegal migration across the national border of the Czech Republic - division by continents comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic Czech nationals - comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic foreigners comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic foreigners subject to visa duty for entry to and residence in the Czech Republic - comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic foreigners who dare not subject to visa when entering and residing in the Czech Republic comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic third-country nationals - without EU/EEA/ EFTA nationals -comparison of the same periods of 2004 and Direction of illegal migration across the national border of the Czech Republic third-country nationals - without EU/EEA/ EFTA nationals - comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic nationalities of persons Illegal migration across the national border of the Czech Republic 15 nationalities migrants from non-neighbouring countries - displaying the largest numbers comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic - 15 nationalities migrants from non-neighbouring countries - displaying the largest numbers Direction of illegal migration across the national border of the Czech Republic 15 nationalities migrants from nonneighbouring countries - displaying the largest numbers Illegal migration across the national border of the Czech Republic the mode of entry in the Czech Republic prior to their illegal departure from the Czech Republic comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic persons apprehended when leaving the Czech Republic and their mode of entry in the Czech Republic - comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic persons apprehended when illegally leaving the Czech Republic for Germany and their mode of entry in the Czech Republic comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic persons apprehended when illegally leaving the Czech Republic for Austria and their mode of entry in the Czech Republic comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic persons apprehended when illegally leaving the Czech Republic for Poland and their mode of entry in the Czech Republic comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic use of illegal travel documents Illegal migration across the national border of the Czech Republic use of irregular travel documents comparison of persons who used an irregular travel document when crossing the Czech national border in Illegal migration across the national border of the Czech Republic persons apprehend with an invalid (irregular) travel document, persons smuggled, hidden in vehicles, repeatedly crossing the border illegally Illegal migration across the national border of the Czech Republic persons apprehend with an invalid travel document, 4

5 persons smuggled, hidden in vehicle, repeatedly crossing the border illegally - comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic persons smuggled comparison of the same periods of 2004/ Illegal migration across the national border of the Czech Republic persons apprehended hidden in vehicles Illegal migration across the national border of the Czech Republic - persons apprehended hidden in vehicles, according to their nationality - comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic persons repeatedly detected comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic persons repeatedly detected comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic - participation of the border protection authorities of the Czech Republic in detecting illegal migrants Illegal migration across the national border of the Czech Republic - participation of the border protection authorities of the Czech Republic in detecting illegal migrants -comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic - participation of the border protection authorities of the Czech Republic in detecting illegal migrants at individual border sections - comparison of the same periods of 2004 and Illegal migration across the national border of the Czech Republic - participation of the border protection authorities of the Czech Republic in detecting illegal migrants at individual border sections in TD -comparison of the same periods of 2004 and III.4. ILLEGAL RESIDENCE IN THE CZECH REPUBLIC VIOLATION OF RESIDENCE RULES Illegal migration-violations of residence rules (VRR) - comparison of the same periods of 2004 and Illegal migration - violations of residence rules violations of residence rules in the regions of the Czech Republic according to the administrative structure comparison of the same periods of 2004 and Illegal migration-violations of residence rules violations of residence rules in the regions of the Czech Republic according to administrative structure Illegal migration - violations of residence rules persons according to their nationality comparison of the same periods of 2004 and Illegal migration - violations of residence rules persons according to their nationality comparison of the same periods of 2004 and Illegal migration- violations of residence rules, foreigners with an irregular travel document comparison of the same periods of 2004 and III.5. SUPPRESSIVE MEASURES Illegal migration supressive measures taken against foreign nationals Illegal migration suppressive measures taken against foreigners comparison of the same periods of 2004 and Illegal migration alien detention facilities comparison of the same periods of 2004 and Illegal migration alien detention facilities - comparison of the same periods of 2004 and / III.6. SHARE OF ASYLUM SEEKERS AMONG ILLEGAL MIGRANTS Illegal migration share of asylum seekers among illegal migrants comparison of the same periods of 2004 and Illegal migration - asylum seekers among illegal migrants, 15 most frequent nationalities comparison of the same periods of 2004 and III.7. READMISSION AGREEMENTS Execution of readmission agreements with neighbouring countries since Execution of readmission agreements with neighbouring countries - comparison of the same periods of 2004 and Execution of the readmission agreement between the Czech Republic and Germany Execution of the readmission agreement between the Czech Republic and Austria Execution of the readmission agreement between the Czech Republic and Poland Execution of the readmission agreement between the Czech Republic and Slovakia IV. CRIMINAL OFFENCES COMMITTED BY FOREIGN NATIONALS Persons prosecuted Persons prosecuted Prosecuted foreigners comparison of the same periods of 2004 and Prosecuted foreigners in the Regions of the Czech Republic according to administrative structure Prosecuted foreigners in the Regions of the Czech Republic according to administrative structure - comparison of the same periods of 2004 and Prosecuted foreigners comparison of the same periods of 2004 and Foreigners prosecuted - according to the type of residence in the Czech Republic - comparison of the same periods of 2004 and Development in criminal offences committed by foreigners according to individual types of criminal offences Development in the number of prosecuted and investigated foreigners in the Czech Republic and their share in the total number of prosecuted persons according to selected types of crime Comparisons of numbers of prosecuted and investigated foreigners for criminal activities from 1 January 2004 to 31 December 2005 and their share in the total number of offenders Convicted foreigners Convicted foreigners Convicted foreigners - comparison of the same periods of 2004/ V. INTEGRATION AND CITIZENSHIP

6 Nationality of the Czech Republic granted in ABBREVIATIONS USED IN THE REPORT - IN AN ALPHABETICAL ORDER

7 Introduction The submitted 2005 Status Report on Migration in the Czech Republic maps out the issue of migration of foreign nationals in the territory of the Czech Republic and provides a basic analysis of migration trends. Its objective is to provide comprehensive information on migration and to summarise the positive and negative aspects resulting from current migration movements. The Report was drawn up by the Ministry of the Interior of the Czech Republic, and utilised, in addition to the Ministry of the Interior s own findings, information and source materials provided by other ministries dealing with selected aspects of migration. Since the date of the Czech Republic s becoming a full member of the European Union, national legislation and legal practice have been subordinated in a number of areas which are the subject of common interest of the European Union under Community law. This has created a platform for coordinated, unified procedures on the basis of determined principles and rules in such areas, not only within the Community but also outside of the Community, in relations with third countries. The topic of migration ranks among the most important topics which are of the common interest of the Members of the European Union. The topic concerned was established on the values of respect for human dignity, freedom, democracy, equality, rule of law and respect for human rights, including rights of minorities. The European Union aims to combat social exclusion and discrimination, and to promote social justice and protection, gender equality, solidarity between generations, and the protection of child rights. In its relations with third countries it contributes to peace, security, solidarity and mutual respect between nations, free and just trade, combating poverty, as well as to a strict adherence to and development of international law, in particular to respecting the principles of the UN Charter. In order to create and develop the area of freedom, security and justice, established on the basis of the aforementioned values, and in the interest of the approximation of legal regulations of EU Members States in compliance with the Treaty establishing the European Community, directives, regulations and other documents, the union regulates the domains of common interest of the EU Members States. It develops common policy in the field of asylum, migration and external border controls which are established on solidarity between all Member States. The objective of the common migration policy is to ensure effective migration flow management, just treatment of third country nationals legally residing in Member States, as well as to prevent illegal migration and trafficking in human beings, in particular in women and children. This area also includes common measures against illegal immigration and illegal residence, including the extradition and return of persons residing illegally in European Union Member States. The above-mentioned activities also relate to common policy concerning visas and other short-term residence permits where the Union specifies the conditions of entrance and residence, as well as rules under which the Members States grant long-term visas and issue residence permits, including those granted and issued for the purpose of family reunification. The activities of the European Union regarding asylum, subsidiary protection and temporary protection are significant as well. Their objective is to provide each third country national who is in need of international protection with adequate status and to ensure that the principal of nonrefoulement is respected. This policy must conform to the Geneva Convention of 28 July 1951 and its Protocol of 31 January 1967 on the legal status of refugees as well to other relevant agreements. To this end European policy determines in the field of the protection of persons the criteria and mechanisms for the designation of the Member State responsible for the assessment of an asylum application or subsidiary protection, as well as standards concerning conditions for asylum seekers or those seeking support or temporary protection. 7

8 An area which cannot be neglected is the area of integration, since all EU Members States are currently confronted with similar problems of how to integrate immigrants into society. This is a more and more important and very complex task. In the light of the forecast of a gradual ageing of the population and a decrease in the population, a vast immigration to Europe in forthcoming years is not only probable but also necessary. Integration is a process lasting for several years, with its supporting pillar being responsibility taken both by the receiving society in the form of its commitment to accept immigrants and provide them with opportunities to learn the relevant language and to recognise fundamental values and customs, and for immigrants by proving their commitment to become a part of the receiving society. The integration of immigrants is vital for social cohesion and economic development. Integration programmes of Member States which endeavour to prevent social exclusion, i.e. not to exclude immigrants from majority societies in target countries since such exclusion might cause security risks, play an irreplaceable role. Migration flow management, including combating illegal migration, is reinforced by the establishment of further security measures which effectively link proceedings concerning visa applications, arrival, and departure across the EU external borders. Such measures are also important for preventing and combating criminal offences, in particular terrorism. In order to achieve this objective a common approach and solution regarding biometric identifiers in travel documents are necessary. Another effective measure against the penetration and operation of international terrorism, illegal migration, trafficking in human beings and narcotic substances, and other related phenomena, is to establish information systems SIS 1 and VIS 2, as well as the efforts of the European Union to introduce an integrated protection system for its external border. Readmission agreements play an irreplaceable role in this regard. Readmission clauses continue to be included in all agreements on cooperation, association or similar agreements concluded with all countries on behalf of the EC. Cooperation between the home countries of migrants and transit countries on the joint administration and control of borders and during readmission is considered to be important; this was also highlighted by the European Union in its law-making process focused on providing technical and financial assistance to third countries which cooperate in combating illegal migration. The Czech Republic has been for more than a year a member of the European Union. It may be stated that as a full member it has successfully and properly participated in solving issues concerning the area in the common interest of the European Union, i.e. the establishment of Community policies covering the whole range of fields. A fundamental task which demanded a lot of efforts during the reviewed year was preparation for the inclusion into the Schengen system, its evaluation which will appraise whether the Czech Republic successfully managed to prepare for being included into the area without internal borders and whether the assumed date of its accession to the exclusive community of states fully applying Schengen acquis, October 2007, is a feasible deadline. This Report describes how in 2005 the Czech Republic under the terms of a full member of the European Union, operated and what results concerning the issue of migration it achieved. 1 SIS - Schengen Information System; this is described in full detail in Chapter I.6.1. National Schengen Information System 2 VIS Visa Information System; see Chapter I Visa Information System 8

9 I. Migration Policy Cornerstones I.1. INSTITUTIONAL FRAMEWORK I.1.1. Scope of Responsibilities of the Ministry of the Interior Pursuant to Act No. 2/1969 Coll. on the Establishment of Ministries and Other Central State Administration Bodies of the Czech Republic, as amended, the Ministry of the Interior is the party responsible for international migration and asylum, both at legislative and strategic levels (international migration and asylum), and the level of implementation (asylum, and international migration to a certain extent). Pursuant to the Act on the Residence of Aliens 3, the Ministry ensures the execution of state administration in the field of migration. To this end it closely cooperates with other ministries, and governmental as well as non-governmental organisations, including international organizations. In addition to the extensive powers vested in it by the Act on the Residence of Aliens, the Ministry of the Interior was given under the Act cited above the position of the highest body in application to specified cases of administrative proceedings and, in particular, with regard to its supervision of the police, stipulated by law, when carrying out state administration. In 2003, under the Act on the Residence of Aliens, the Ministry of the Interior became responsible for settling applications for residence permits in the Czech Republic in special circumstances where asylum proceedings have been completed. The Ministry shall take the decision as a first instance administrative body. At the same time the said Act stipulates the option of repealing a permit already issued. In compliance with Act No. 428/2005 Coll. Amending the Act on the Residence of Aliens and Some Other Acts, the Ministry of the Interior of the Czech Republic, effective from 24 November 2005, takes all decisions on covering costs relating to the residence of a detained foreign national in the Czech Republic and his/her departure from the country and claims their reimbursement. Under the said amendment competency to establish and operate detention facilities for foreign nationals will be vested in the Ministry of the Interior effective from 1 January 2006 under Chapter XII of the Act on the Residence of Aliens. Pursuant to the Act on the Residence of Aliens and the Act on Travel Documents 4, the Ministry publishes a list of border crossings, including the hours of their operation and the categories of persons entitled to use the respective crossings in order to enter or leave the Czech Republic, and publishes a list including changes thereto by means of announcements in the Collection of Laws of the Czech Republic. The Act specifies those countries whose citizens are only entitled to stay in the transit zones of international airports, provided they are holders of valid airport visas, and it also determines for example all essential properties necessary for an official photograph and the number of copies of such a photograph required of a foreigner under the Act on the Residence of Aliens. The Ministry of the Interior participates in the process of concluding international agreements relating to international migration (agreements on visa-free travel, border regime, local border traffic, police cooperation, and re-admission of foreigners). 3 Act No. 326/1999 Coll. on the Residence of Aliens and on Amendments to Some Other Acts, as amended. 4 Act No. 329/1999 Coll. on Travel Documents and on the Amendment to Act No. 283/1991 Coll. on the Police of the Czech Republic, as amended (the Act on Travel Documents), as amended. 9

10 The Ministry of the Interior is responsible for the obligations of the Czech Republic under the Schengen agreements and it acts as a coordinating body for the implementation of the Schengen rules in the national legislative framework and in routine practice. Under the Act on Asylum 5, the Ministry executes state administration competencies in the field of asylum and develops national integration programmes aimed at helping refugees with their integration into society and providing temporary protection for foreigners fleeing from countries where they are endangered by armed conflicts, natural disasters and violations of human rights, or are persecuted because of their religion or nationality. To this effect, the Ministry closely cooperates with other ministries and governmental and non-governmental organisations, including international organisations. In cooperation with the police and the International Organisation for Migration, the Ministry takes part in drawing up repatriation programmes and it directly organises repatriations (voluntary returns) of foreign nationals to their countries origin. With regard to the integration of foreign nationals the Ministry of the Interior co-participates in activities carried out by the Commission of the Minister of Labour and Social Affairs. When performing tasks in this field it builds on its own analysis of the situation and the status of foreign nationals, and draft measures which are issued within its responsibility. In order to ensure the meeting of tasks arising from the Resolution of the Czech Government adopted in the field of integration of refugees, the Minister of the Interior established by its instruction No. 19 of 11 April 2002 the inter-ministerial commission on developing a new strategy on integration of refugees and on assigning integration flats to eligible persons. The aim of this commission, which is an advisory body to the Minister of the Interior, is to draw up a new Strategy for the Integration of Refugees. Its task is also to involve in such activities other Ministries, administrative bodies, self-government bodies, and non profit making, non-governmental organisations. Within the Ministry of the Interior, issues relating to international migration, asylum and the integration of foreigners are exclusively dealt with by the Asylum and Migration Policy Department and the Refugee Service Administration of the Ministry of the Interior, a special governmental unit (a so-called organizational unit of the state) established by the Ministry of the Interior. Employees of both units work both in Prague and at its respective branch offices at asylum centers. I Scope of Responsibilities of the Police of the Czech Republic Tasks relating to national border protection, border clearance procedures, permitting foreigners to enter the country and control of foreigners residence in the Czech Republic, were in 2005 carried out by the Alien and Border Police Service of the Police of the Czech Republic (hereinafter referred to as the ABPS ). 5 Act No. 325/1999 Coll. on Asylum and on the Amendment to Act No. 283/1991 Coll. on the Police of the Czech Republic, as amended (the Act on Asylum), as amended. 10

11 As of 31 December 2005 the Alien and Border Police Service consisted of the Service Directorate, 7 Territorial Directorates, 7 Alien Residence Investigation and Control Departments, 79 Alien Police Units, 130 Alien and Border Police Offices, and, 5 Alien Detention Centres ( ). Note: the location of units is depicted by icons the colours of which correspond with the respective colours used in the text above. The ABPS is a specialised unit having nation-wide responsibility, the priority of which is now and for the future, to combat illegal migration and related phenomena. The ABPS also carries out some partial tasks assigned to the police by the Act on Asylum, in particular performing initial identification of acts, visa granting and issuance of travel documents to refugees. The Directorate of the Alien and Border Police Service (hereinafter referred to as the DABPS ) and the Prague Territorial Directorate of the Alien and Border Police Service (Territorial Directorates shall be hereinafter referred to as ABPS TD ) are located in Prague. Other ABPS TDs are located in Usti nad Labem, Plzen, Ceske Budejovice, Hradec Kralove, Brno, and Ostrava. Their jurisdictions are identical to those of the Czech Police in the respective regional administrations, with the exception of the ABPS TD of Prague, the competence of which includes the territory of the capital city of Prague and the territory of the Central Bohemian Administration of the Czech Police. Alien Residence Investigation and Control Departments (hereinafter referred to as ARICD ) carry out, within the structure of ABPS TDs, tasks relating to detecting and preventing illegal migration, exposing criminal activity which has a cross-border dimension, and the violation of residence rules by foreign nationals. Alien Police Units (hereinafter referred to as APU ), located in each former district and regional city (or city parts - Brno, Plzen) and in Prague, exercise state administration relating to foreigners' entrance and residence and supervise whether conditions are met according to the Act on the Residence of Aliens and within their jurisdiction. Alien and Border Police Offices (hereinafter referred to as ABPOs ) protect the part of the national border known as the green border, as well as operating at border crossing points. As of 31 December 2005 they protected 140 border-crossing points, including ten airport border crossings. Apart from official border crossing points, ABPOs performed services at another 149 points specified as national border crossing points (117 paths for tourists and 32 border crossings for local border traffic). The tasks of ABPOs also include the control of alien residence in the borderland regions. On 1 November 2005 the ABPO of Prague-Ruzyne changed to become a department working under the ABPS TD of Prague. It meets assignments of the Unit for Accompanying Airplanes, the activities of which include mainly security escort accompanying for selected airlines, airline escorts, ensuring aviation operation and other security measures at the Prague Ruzyne Airport. An alien detention centre (hereinafter referred to as detention centre ) is a place where a 11

12 foreign national is obliged to stay pursuant to a respective detention order issued by the Czech Police and imposed for the purpose of administrative expulsion. In 2005, the ABPS had five alien detention centres for its use, namely: Balkova, Postorna, Velke Prilepy and Frydek-Mistek. A branch facility Velke Prilepy II in Bela pod Bezdezem-Jezova was established specifically for families or single mothers with children. 6 Newly Established Offices of the Alien and Border Police Service of the Police of the Czech Republic On 1 December 2005 the branch of ARICD of the ABPS TD of Prague Centre commenced its activities within the Local Unit Prague 1 of the District Directorate of the capital city of Prague police. This office, with 24 hour service, meets primarily those tasks relating to the residence rules of foreign nationals resulting from relevant legal provisions. A significant change occurred within the ABPO of Prague Ruzyne which, as of 1 October 2005, took over the activities carried out by the Prague Ruzyne Airport police. Until the end of 2005 the territorial unit carried out assignments in cooperation with the local unit of the Czech police. Since 1 January 2006 it has independently been meeting specified tasks in their full scope. During 2005 some ABPS TDs merged with several ABPOs. The reasons for this were personnel and economic related, in addition to reasons concerned with the preparatory steps of the ABPS in relation to the accession of the Czech Republic to the Schengen area. Since 1 June 2005 a pilot project of a new Schengen type unit (the Alien Police Inspectorate) has been implemented within the ABPOs of Rumburk, Jirikov and Mikulasovice, through transferring the execution of the service to transport communications and selected directions which creates preconditions for better combating illegal migration. In the context of preparing a new strategy of activities to be carried out by the ABPS or its successor organisation (the Alien Police Service which will come into existence after internal border controls in the Schenghen area are abolished), partial organisational changes were made within DABPS effective from 1 October An analytical and operational unit was set up, thus merging the Analytical Group and Operational Group into one unit. Within the Unit of Border Service, four new groups were established (Methodology and Coordination of Service Execution, Protection of the External Schengen Borders, Investigation and Control of Residence, and K9 Service and Specialised Activities). The Investigation, Residence Control and Documentation Group was changed into the Investigation Crime Management and Documentation Group. The organisational structure of ABPS TDs also saw some changes. As of 1 February 2005 Documentation Groups were removed from the current Departments of Investigation and Residence Control and were made directly subordinate to Directors of ABPS TDs, and on 24 October 2005 were renamed Groups of Crime Investigation and Documentation. The execution of service at basic units of the ABPS in protecting the national border is, despite all measures adopted and implemented, hindered by problems with personnel as police officers leave the police; the ABPS suffers from being considerably understaffed. 6 In accordance with Act No. 428/2005 Coll. amending the Act on the Residence of Aliens, the authorisation to establish and operate detention facilities was transferred, effective from 1 January 2006, from the Czech police to the Ministry of the Interior. The Refugee Service Administration was vested with this task. However, police officers perform their full scope of service in such facilities as stipulated by the aforementioned amendment to the Act in question. 12

13 The Criminal Police and Investigation Service and its special department the Unit for Combating Organised Crime are also involved in carrying out tasks relating to combating illegal migration and trafficking in human beings. I.1.2. Scope of Responsibilities of the Ministry of Foreign Affairs The Ministry of Foreign Affairs of the Czech Republic is a central administration body of the Czech Republic for foreign policy, in the framework of which it develops strategies and coordinates foreign development aid. The Ministry of Foreign Affairs exercises its state administration powers in affairs relating to residence permits granted to foreigners enjoying privileges and immunities in the Czech Republic in accordance with international law. The Ministry of Foreign Affairs performs its state administration responsibilities relating to the issuing of visas through embassies and consulates, to the extent stipulated by the Act on the Residence of Aliens. I.1.3. Scope of Responsibilities of the Ministry of Labour and Social Affairs Under Act No. 435/2004 Coll. on Employment, the Ministry of Labour and Social Affairs (the MLSA) defines the categories of entities which act as employers, and with regard to foreign citizens sets out labour market access criteria for each category of foreign nationals. With respect to the situation on the labour market, the MLSA lays down conditions regarding employment permits and, in compliance with intergovernmental agreements on reciprocal employment, sets quotas for the employment of foreigners and is responsible for legal regulations governing the employment of foreigners in relation to relevant EU legal provisions. In addition to national legal regulations, the sphere of employment migration is governed by bilateral international agreements regulating social security and employment and also by multilateral conventions on human rights, the status of refugees, and social rights, to all of which the Czech Republic is a party. The national employment policy of the MLSA is aimed at achieving a balance between the supply of and demand for labour, the productive utilisation of labour, and ensuring the right to employment of citizens. Since 2003 the MLSA has been implementing a pilot project for Active Selection of Qualified Foreign Employees (in 2005 its name was changed to Selection of Qualified Foreign Employees). The phenomenon of illegal employment has remained a problem in the Czech Republic. The Interdepartmental Agency for Combating the Illegal Employment of Foreigners in the Czech Republic deals with this particular area. 7 Coordinated by the MLSA, the agency's operations are performed in close cooperation with the Ministry of the Interior and the Ministry of Industry and Trade. The MLSA coordinates the integration of foreign nationals in the Czech Republic. 8 With regard to such vested competence the Commission of the MLSA was established, which acts as an advisory body and helps to ensure conditions for drawing up and implementing the policy of the 7 The Interdepartmental Agency for Combating the Illegal Employment of Foreigners in the Czech Republic was established under Government Resolution No of 23 October Through its Resolution No of 10 December the Czech Government approved, effective of 1 January 2004, the transfer, from the Ministry of the Interior to the Ministry of Labour and Social Affairs, of tasks and competencies relating to the coordination of implementation of the Strategy for the Integration of Foreigners in the Czech Republic. 13

14 Czech Government in the field of the integration of foreigners. The aforementioned Commission consists of individual ministries involved in implementing the Strategy for the Integration of Aliens in the Czech Republic (namely the Office of the Government, the Czech Statistical Office, academic representatives, NGOs and non-profit making organisations, associations of foreign nationals, trade unions and employment unions, and self-government representatives). The MLSA is also engaged in activities carried out by the Commission of the Minister of the Interior for developing a new Strategy on the Integration of Refugees and for assigning integration flats to eligible persons. I.1.4. Scope of Responsibilities of the Ministry of Industry and Trade The responsibilities of the Ministry of Industry and Trade include regulation of the issuing of trade licenses under Act No. 455/1991 Coll. on Trade Licensing, as amended, covering a major part of entrepreneurial activities carried out by natural and legal persons. The Ministry of Industry and Trade pays continuous attention to optimising conditions for business undertakings. Within the framework of its responsibilities the Ministry proposes legal amendments to conditions for the activities of entrepreneurs, while managing, in terms of methodology, the execution of state administration powers in this sphere and supporting the development of selected entrepreneurial activities; in connection therewith, the Ministry also deals with issues concerning the business activities of foreigners. In the field of integration of foreigners, the Ministry takes part in activities carried out by the Commission of the Minister of Labour and Social Affairs. To this end, the Ministry uses its own analyses of the situation and the position of foreigners and measures proposed within its scope of powers. I.1.5. Scope of Responsibilities of the Ministry of Justice The Ministry of Justice is a central state administration body for courts and public prosecutors offices. In extradition proceedings, the Minister of Justice decides upon the extradition of foreigners to abroad for criminal prosecution or to serve a sentence, but only provided that a regional court or the Supreme Court has decided that such extradition is permissible or where the respective foreign national has agreed to his/her extradition. The Ministry is involved in the issue of migration also with respect to its competencies relating to legislative activities, drafting bills and other legal provisions regulating the sphere of justice and prison services, and with respect to its powers concerning monitoring, reviewing and evaluating the efficiency of the judicial system. The Ministry of Justice of the Czech Republic is the party responsible for legislation relating to the Register of Companies, the establishment and status of commercial and cooperative companies, and contractual relationships and so forth which are regulated by the Commercial Code. I.1.6. Scope of Responsibilities of the Ministry of Education, Youth and Sports The Ministry of Education, Youth and Sports (hereinafter referred to as the MEYS ) is the body responsible for learning and teaching at all types of schools, secondary professional training centres, language courses accredited by the MEYS, consultations and exchanges of experience, secondments, courses in art and courses in methodology, as well as other specialised courses falling under the responsibility of the Ministry. The MEYS is also responsible for vocational education and training projects the purpose of which is to provide foreigners with practical or professional skills 14

15 and experience. Moreover, the Ministry s competencies include providing access to education for the children of foreigners. The Ministry also organises secondments for foreign experts to work as lecturers or scientific professionals at Czech schools. On the basis of relevant graduation documents and powers stipulated by the Act on Higher Education Institutions, the Ministry and local universities and colleges recognise university education acquired at universities and colleges abroad. The MEYS is engaged in activities carried out by the Commission of the Minister of Labour and Social Affairs for the integration of foreigners and the Commission of the Minister of the Interior for developing a new Strategy on the Integration of Refugees and for assigning integration flats to eligible persons. To this effect, the Ministry uses its own analyses of the situation and status of foreigners and measures proposed within the Ministry s scope of powers. I.1.7. Scope of Responsibilities of the Ministry for Regional Development The Ministry for Regional Development is, as regards migration, responsible for implementing measures arsing from the ADS Memorandum (the Memorandum on Understanding between the National Administration for Tourism of the People s Republic of China and the European Community on Visa and Related Issues Concerning Tourist Groups from the People s Republic of China). 9 This Ministry also participates in activities carried out by the Commission of the Minister of the Interior for the integration of foreigners and the Commission of the Minister of the Interior for developing a new Strategy for the Integration of Refugees and for assigning integration flats to eligible persons. To this effect, the Ministry uses its own analyses of the situation and status of foreigners and measures proposed within the Ministry s scope of powers. 9 To ensure implementation of the ADS Memorandum the Czech Government adopted Resolution No of 22 December In compliance with the Resolution a working group comprising representatives of the Ministry for Regional Development, the Ministry of the Interior, and the Ministry of Foreign Affairs was set up. 15

16 I.2. LEGISLATIVE FRAMEWORK In 2005 the Czech Republic was for the second year a full member of the European Union. In general application of newly laid down legal regulations covering the area of migration, work over some years in the legislative area was fully utilised since valid EU legal regulations had been transposed and implemented within national law by means of a range of amendments to migration acts, drawing up some brand new acts and issuing other legal provisions. The Ministry of the Interior paid primary attention in this area to achieving the full compatibility of national legislation with EC law, with an emphasis placed on the Schengen acquis and on optimising the legal environment for application. However, the legislative process cannot cease its existence by integration to the European Union and its structures. The conditions concerning the entry and residence of foreign nationals in the Czech Republic are regulated by Act No. 326/1999 Coll. on the Residence of Aliens in the Czech Republic and on the Amendment to Some Other Acts, as amended (hereinafter referred to as the Act on the Residence on Aliens ). The Act is amended, on an ongoing basis, according to the necessity to transpose into national law the directives, regulations and other EC documents of the Council of the European Union. In 2005 the Ministry of the Interior submitted two draft amendments to the Act on the Residence of Aliens. In the case of the first amendment, the legislative process has been completed and the amended Act (namely Act No. 428/2005 Coll.) entered into force 24 November The second draft amendment to the Act on the Residence of Aliens was adopted by the Senate of the Parliament of the Czech Republic on 16 March The said amendments to the Act on the Residence of Aliens include also draft amendments of other legal provisions which are to ensure the transposition of EU/EC legal regulations into national law. In this context the following draft amendments have been submitted: the amendment to Act 435/2004 Coll. on Employment; the draft amendment to Act No. 133/2000 Coll. on the Register of Inhabitants and Birth Identification Numbers and on the Amendment to Some Other Acts (the Act on the Register of Inhabitants); Act No. 455/1991 Coll. on Trade Licensing (the Trade Licensing Act); Act No. 140/1961 Coll. - the Criminal Code; Act No. 561/2004 Coll. on Pre-school, Basic, Secondary, Tertiary Professional and Other Education (the Education Act); Act No. 111/1998 Coll. on Higher Education Institutions and on the Amendment and Supplement to Some Other Acts (the Act on Higher Education Institutions); Act No. 18/2004 Coll. on Recognising Professional Qualifications and Other Qualifications of Nationals of the EU Member States and on the Amendment to Some Other Acts (the Act on Recognising Professional Qualifications); and Act No. 634/2004 Coll. on Administrative Fees and Charges. Further, the Ministry of the Interior issued a generally binding regulation: the Decree laying down the group of foreign nationals who are permitted to reside in the transit zone of an international airport in the Czech Republic only on the basis of a granted airport visa 10, which was published in the Collection of Laws under number 446/2005 on 3 November In order to apply Section 123 of the Act on the Residence of Aliens regulating the payment of costs relating to administrative expulsion, the Ministry of the Interior issued the Decree laying down the costs of accommodation, meals and transport in the Czech Republic for a foreign national detained for the purpose of administrative expulsion (deportation). The Decree was published in the Collection of Laws under number 447/2005 and entered into force on the date when the aforementioned Act No. 428/2005 Coll. came into effect. 10 The Decree entered into force on the same date as Act No. 428/2005 Coll. Amending Act No. 326/1999 Coll. on the Residence of Aliens in the Czech Republic and on the Amendment to Some Other Acts, as amended, i.e. on 24 November

17 Towards the end of the year the Ministry of the Interior commenced work on an essential task for the Ministry, which is a fundamental amendment to the legal provisions regulating the entry and residence of foreign nationals in the Czech Republic. The objective is to make the current provisions brief and concise thus making them clear both for foreigners and for entities applying such legal provisions in routine practice. Asylum and asylum proceedings are governed by Act No. 325/1999 Coll. on Asylum and on the Amendment to Act No. 283/1991 Coll. on the Police of the Czech Republic, as amended (the Act on Asylum), as amended by nine amendments adopted since its entry into force on 1 January As regards the importance of changes made by individual amendments, the amendments adopted during 2005 and implemented by Acts No. 57/2005 Coll. and No. 350/2005 Coll. may be considered equally important as amendments from the years 2002 and 2003 implemented by Acts No. 2/2002 Coll., No. 217/2002 Coll., No. 320/2002 Coll. and 222/2003 Coll., which substantially amended asylum proceedings as they exist today. The area described is also considerably affected by the fact that, as of the date of the accession of the Czech Republic to the European Union on 1 May 2004, the Czech Republic has been a party to Dublin II (Council Regulation No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national), which is a legal instrument guaranteeing that each asylum application lodged by a citizen of a third country in the territory of one of the EU Member States shall be reviewed substantially only by one, exactly determined, Member State, according to criteria specified within the Regulation. 11 As a consequence, Czech national asylum law contained in the Act on Asylum and its amendments is applied in cases of foreign nationals where no other EU Member state is competent to deal with their asylum applications. I.2.1. Act on the Residence of Aliens in the Czech Republic In 2005 the Ministry of the Interior submitted two draft amendments of the Act on the Residence of Aliens. As regards the first, the legislative process has been completed and the Act (Act No. 428/2005 Coll.) entered into force on 24 November The Act cited newly regulates especially the establishment and operations of special facilities and conditions governing the residence of aliens detained for the purpose of administrative expulsion (deportation) who are placed for that purpose in detention centres. The objective of the implemented legislative amendments was to contribute to the overall humanisation of such centres. Generally this means that the amendment to chapter XII highlights the issue of spare time activities, the extent of free movement within the premises of detention centres, and compulsory school attendance for children under 15 years of age. At the same time it modifies also the conditions for the acceptance of visitors by detained foreigners. By transferring authorisation to establish and operate detention centres from the Czech police to the Ministry of the Interior the conditions for detention facilities to become comparable with reception centres in asylum facilities were created, the only difference being that an alien will not be entitled to leave the facility during his/her detention and only in justified cases will it be possible to put the alien concerned, for a necessary time, in a specially guarded room. The subject of the amendment is also regulation ensuring the legal rights of detained foreigners as well as foreigners being deported. A decision on administration expulsion will also contain an assessment as to whether there is a leave to remain (Section 179). In addition to the above, the amendment lays down special provisions for the detention of aliens between 15 and 18 years of age who are not accompanied by a statutory representative. 11 See Chapter II.6. ASYLUM - II.6.4. Dublin Unit 17

18 In the context of the amendment to Chapter XII the Ministry of the Interior will be responsible for collecting expenses relating to foreigners in detention centres and their administrative expulsion. The Act specified a category of persons who are obliged to pay expenses related to their deportation. At the same time the Act implemented Council Directive No 2003/86/EC of 22 September 2003 on the right to family reunification, laying down legal conditions for long-term residence permits in the Czech Republic for family members of a foreigner who resides in the country on the basis of a long-term or permanent residence permit or as an refugee. Council Decision No 2004/17/EC regulating the inclusion of the requirement to be in possession of travel medical insurance as a supporting document for the grant of a uniform Schengen visa was taken into account as well. It newly introduces the obligation for a foreigner to submit to the embassy or to a consulate travel medical insurance as a necessary document at the moment when the visa is granted. In cases where a foreign national is not able, due to serious reasons, to obtain medical insurance in the country of his/her residence, he/she will be enabled to obtain medical insurance during his/her stay in the Czech Republic (he/she is supposed to obtain this within the period of three working days from the date of his/her entry into the Czech Republic). This measure, inter alia, responds to the growing problems of health care facilities whose expenses for health care provided to foreigners during their temporary stay in the Czech Republic are not covered. In addition to the above, Act No. 428 /2005 Coll. provides for the following essential changes. It simplifies the option to obtain a visa for residence of over 90 days for the purpose of employment. Parallel proceedings concerning the application for an employment permit and the application for a visa are allowed. This measure should contribute to considerable shortening of the term for visa granting and for the arrival of a foreign national to the Czech Republic. In the case of long-term visas granted for the purpose of business undertaking there is a legal requirement to submit a confirmation from the relevant Tax Authority of the Czech Republic on the arrears of taxes, if any, and confirmation from the relevant district Social Security Office on the fact that social security insurance and contributions to state employment policy have been paid. The maximum length of validity of short-term visas may be extended (i.e. visas for residence of up to 90 days which will be granted to foreign nationals for repeated journeys to the Czech Republic) from the current one year to two years. It is allowed to issue long-term residence permits in some cases (for example for the purpose of business undertaking) for a term of two years (currently only one year). A foreigner who is a holder of a long-term or permanent residence permit issued by another Schengen state and who intends only to transit across the Czech Republic is not obliged to apply for a transit visa (if visa-duty applies to him/her). The said residence permit authorises the foreign national to travel throughout the Czech Republic unless his/her stay exceeds five days. The second draft amending the Act on the Residence of Aliens was adopted on 16 March 2006 by the Senate of the Parliament of the Czech Republic. The objective of this second amendment was in particular to transpose further newly adopted legal provisions of the European Communities. Thus the amendment includes Council Directive No. 2003/109/EC of 25 November 2003 concerning the status of third country nationals who are long-term residents; Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the European Union and their family members to move and reside freely within the territory of the Member States; Council Directive 2004/81/EC of 29 April 2004 on residence permits issued to third country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration and who cooperate with the competent authorities, and 18

19 Council Directive 2004/114/EC of 13 December 2004 on the conditions for the admission of third country nationals for the purposes of study, student exchange, unremunerated training or voluntary service. Further, the amendment also takes account of some other legal regulations of the European Communities, in particular the Council Decision of 29 April 2004 amending Part II of the Common Guidelines (2004/573/EC). This Decision introduces the duty to inform a foreigner of the reasons why his/her entry was refused on a single form; Council Regulation (EC) No. 2133/2004 of 13 December 2004 imposing on the relevant authorities of Member States the duty to systematically stamp travel documents of third country nationals when crossing the external border of EU Member States and amending for that purpose the Implementing convention to the Schengen Agreement and the Common Guidelines; and Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit. This second amendment to the Act on the Residence of Aliens represents mainly the below stated fundamental changes. As regards granting permanent residence permits to third country nationals, the condition of having had a previous stay in the Czech Republic for obtaining the said permit is being substantially shortened from the current ten years to five years only. The possibility to apply for a permanent residence because of humanitarian or other reasons worthy of consideration has not been changed. The current option to acquire permanent residence due to the international-political interest of the Czech Republic does not fully define the interest of the state since it, as a matter of fact, excludes the possibility to solve cases which are in the interest of Czech Republic s internal policy due to this fact the option to permit permanent residence in the Czech Republic in the interest of the Czech Republic has been included. Permanent residence to be permitted on the basis of the latter reason will be granted predominantly in cases determined by the Government (for example consent to the relocation of a certain group of foreign nationals) or if the interest in issuing a permanent residence permit is, in a particular case, confirmed by a relevant state administration authority. In the case of a foremost expert the interest in granting a permanent residence permit may be also confirmed by a state organisation involved in science, research and development. The option to obtain a visa for over 90 days for the purpose of business undertaking under the Trade Licensing Act is being simplified. The draft proposes parallel proceedings on the application for a trade licence and application for a visa. This measure should contribute to a considerable shortening of the term for visa granting and for the arrival of a foreign national to the Czech Republic. As regards the area concerning the residence of EU citizens and their family members, in the Czech Republic a EU citizen and his/her family member must prove that he/she has the right of free movement. However, this fact does not need to be always proven only by a travel document or an identity card (i.e. during border checks or inland) in such a case it will be necessary that the person is obliged to convince the police of his/her right by submitting any other document that confirms that he/she has the right of free movement. In any case they must submit a document proving their identity and nationality and in the case of their family member who is not a EU citizen they are required to prove the fact that the particular person is their family member. EU citizens will be able to reside in the Czech Republic for an unlimited period of time without a duty to apply at the police for a relevant document. If they intend to stay in the Czech Republic for a period longer than three months it will be up to them whether they apply for the a relevant document to confirm their temporary residence in the Czech Republic. In comparison with the current legal regulation EU citizens and their family members will be issued new types of documents for temporary and permanent residence in the Czech Republic (for temporary residence, 19

20 EU citizens will be issued for example with the confirmation of the right to temporary residence in the Czech Republic ). The duty to submit a document on accommodation is newly required. Permitting the permanent residence of EU citizens and their family members in the Czech Republic is newly regulated and a considerable change is the fact that permanent residence will be under typical circumstances permitted after five years of continuous residence in the Czech Republic exceptions are defined by the Act. As of the date of the complete application of the Schengen acquis in the Czech Republic the current duty for every foreign national to deposit, at the request of the embassy or a consulate, a certain amount of money either in cash or to the account of the given embassy or a consulate corresponding to the expenses necessary in the case of his/her respective deportation from the Czech Republic will be abolished. As a consequence of significant legislative changes regulating the entry and residence of foreign nationals in the Czech Republic, made in the framework of preparing the Czech Republic for accession to the European Union and continuing after its full integration in 2004, the legal amendments provided for in the Act on the Residence of Aliens are very extensive. This was one of the reasons why Government Resolution No of 24 August 2005 requested the Minister of the Interior to draw up and submit to the Government its draft legal intention regarding the residence of aliens, which would simplify and make the current legal regulation more intelligible both for foreign nationals and for all entities applying these provisions in routine practice. The task to draw up the aforementioned draft legal intention was assigned to the Asylum and Migration Policy Department. During preparatory work it was decided to develop two draft legal intentions the draft legal intention of the Act on the Residence of Citizens of the European Union and Their Family Members and the draft legal intention of the Act on Residence of Third Country Nationals Staying Outside the European Union. The said draft legal intentions should be completed not later than on 30 June 2006 when these should be submitted to the Government of the Czech Republic. I.2.2. Act on Asylum In 2005 the described legal regulation saw further amendments and alterations. The following should be mentioned to indicate the importance of individual amendments to the Act on Asylum which were adopted and became effective in the year reviewed. The first amendment (Act No. 57/2005 Coll.) came into effect on 4 February 2005, and has transposed two Directives of the European Communities; namely Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, and Directive 2003/86/EC of 22 September 2003 on the right to family reunification. Further, the amendment to the Act on Asylum reflects Council Regulation (EC) No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national (so-called Dublin II). Even though this is a legal provision directly applicable without the need to transpose it into Czech national legal provisions, the question of whether the Czech legal framework does not lay obstacles for its direct applicability was reviewed, and the amendment, as the result of such review, fulfils preconditions for the smooth incorporation of this Regulation into the existing legal and institutional system. Furthermore, the submitted amendment responds to the Protocol on Providing Asylum for Nationals of EU Member States and it essentially excludes from the category of asylum seekers all EU nationals, which means that any asylum proceedings commenced on the basis of the application of an EU national lodged in the Czech Republic will be 20

21 discontinued because of the inadmissibility of such application. The aim of the European Union in the field of the common asylum policy and common European asylum system is to gradually create an area of freedom, security and justice open to those who, forced by circumstances, seek protection within the European Community on a legal basis. Minimum standards for the reception of asylum seekers are part of this common asylum system. Minimum standards for the reception of asylum seekers are specified so that they are, under normal circumstances, sufficient for asylum seekers to have a dignified living standard and living conditions comparable in all Member States, with the objective of limiting secondary movements of asylum seekers, which may be influenced by differences in such conditions in individual Member States. Council Directive No. 2003/86/EC on the right to family reunification has only marginally been transposed by the amendment to the Act on Asylum; its impact on the Czech legal framework was reflected mainly in necessary amendments of the Act on the Residence of Aliens in the Czech Republic. The objective of the second amendment (Act No. 350/2005 Coll.), effective of 13 October 2005, was to amend the Act on Asylum with regard to requirements arising from its application, including legal requirements from courts. For that purpose it was proposed that the wording of those provisions of the Act from which disputes have arisen or may arise be made more precise, that procedures to be taken by the relevant administrative body for the purpose of smooth implementation of asylum proceedings be clarified, and that some new institutions be supplemented (for example a signature clause in the originals of decisions) or some missing provisions be supplemented with the aim of eliminating possible problems with future application of this Act. Furthermore, it amends some provisions of the Act so that they comply with the new Rules of Administrative Procedure, and unifies the terminology of the Act on Asylum with the Act on the Residence of Aliens. The amendment regulates in a new manner conditions for providing accommodation, food, basic sanitary means and pocket money to asylum seekers registered in asylum facilities. The said amendment was followed up by the Decree published under number 376/2005 Coll., which entered into force on the same date as the Act in question and which lays down the amounts to be paid for meals and accommodation provided in asylum facilities, and the amount of pocket money and dates of its disbursement. The amendment also brings significant change as regards the court review of administrative decisions relating to asylum and contains changes facilitating proceedings concerning asylum actions and cassation complaints while maintaining the constitutional principles of judicial control of public administration. The asylum agenda overloaded the capacity of administrative courts, in particular the Supreme Administrative Court, to the detriment of solving other cases concerning judicial control of public administration. As a consequence, it is stipulated that all actions against decisions made by the Ministry of the Interior and relating to asylum will be dealt with by a single judge of a relevant Regional Court and the amendment newly regulates how the Supreme Administrative Court should deal with cassation complaints concerning asylum (the Rules of Administrative Procedure include a new institute the so-called unacceptability of a cassation complaint) 12. The year 2005 saw preparation of further amendments to the Act on Asylum and other acts concerned. The need to further amend the Act on Asylum should be placed in the context of the gradual adoption of crucial Community legal provisions pertaining to asylum in the European Union. One draft amendment was submitted especially as a response to other newly issued EU directives, namely Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the 12 A new institute known as unacceptability of a cassation complaint (which is an institute similar to proceedings at the Constitutional Court) on the basis of which the Supreme Administrative Court would review a lodged acceptable cassation complaint in terms of its broader impact rather than purely the interests of the complainer him/herself. For example, if the challenged decision solves a legal issue which has not yet been solved within court jurisdiction or has been solved in a different manner. It is assumed that the role of the Supreme Administrative Court is predominantly to unify court judgements, to solve the most complex legal issues, or to provide interpretation guidelines for lower instance courts and not to review cases which are regularly repeated. 21

22 qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted ( the Qualification Directive ). This is a draft amendment which should transpose into the Czech legal framework, not later than on 10 October 2006, European legislation. This legislative process is in its final phase. 13 The main objective of the Directive cited above is, on one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection, and, on the other hand, to ensure that a minimum level of benefits are available for those persons in all Member States. The approximation of rules on the recognition and content of refugee and subsidiary protection status should help to limit the secondary movements of applicants for asylum between Member States, where such movement is caused purely by differences in legal frameworks. It is in the very nature of minimum standards that Member States should have the power to introduce or to maintain more favourable provisions for third country nationals or stateless persons who request international protection from a Member State, where such a request is understood to be on the grounds that the person concerned is either a refugee within the meaning of Article 1(A) of the Geneva Convention, or a person who otherwise needs international protection. This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to ensure full respect for human dignity and the right to seek asylum for applicants for asylum and their accompanying family members. With respect to the treatment of persons falling within the scope of this Directive, Member States are bound by obligations under the instruments of international law to which they are party and which forbid discrimination. The substance of the proposed amendment to the Act of Asylum is that proceedings on granting international protection will be carried out. Such protection can be granted in two forms - either in the form of asylum or in the form of subsidiary protection (called additional protection in the Act). If an applicant satisfies conditions for being granted both forms, that person will be granted protection in the form of asylum as the superior form of protection. Subsidiary protection as a new institute replaces the current leave to remain provisions under Section 91 of the Act on Asylum. The draft act also includes amendments to some other acts concerned, for example the Act on Employment, the Act on the Residence of Aliens, the Act on State Social Support, and the Act on the Temporary Protection of Aliens, within the scope necessary for application of the Act on Asylum and to reflect the provisions of the qualification Directive and those relating to the change to the asylum protection system. I.2.3. Act on Employment The Act on employment published in the Collection of Laws under No. 435/2004 Coll. defines in precise and clear language conditions of employment of foreign nationals in the Czech Republic, highlights control activities in the field of employment, and at the same time it authorises, through the Act on the Residence of Aliens, the police, along with bodies authorised to carry out controls under the Act on Employment, to enter the premises and facilities of employers. In 2005 the aforementioned Act was amended several times, especially in relation to amendments to other legal regulations. The amended Act provides for changes, inter alia, in the field of the employment of foreigners. For more information see Chapter II.5.1. Employment of Aliens in the Czech Republic. 13 On 9 February 2006 the draft was discussed and approved by the Chamber of Deputies of the Czech Parliament within the accelerated procedure (in the 1 st reading), and then on 16 March 2006 it was adopted by the Senate of the Czech Parliament. 22

23 I.3. VISA POLICY Visa-related matters are governed in the Czech Republic, as in other EU Member States, by Council Regulation (EC) No. 539/2001, as amended, which provides a list of third countries whose citizens must be in possession of visas when crossing the external borders of the EU, and countries whose citizens are exempted from visa duty. The visa policy of the Czech Republic has been fully harmonised with the common list of third countries whose nationals must be in possession of a visa for a Member State in compliance with the above-mentioned Regulation. The visa policy of the Czech Republic was also more or less harmonised with the list of countries whose citizens are exempted from visa duty under the regulation cited, with the exception of Argentina and Singapore. The status of negotiating agreements on abolishing visa duty with these states is as follows: Documents relating to the draft Agreement between the Government of the Czech Republic and the Government of the Republic of Argentina on the Amendment to the Agreement between the Government of the Czech Republic and the Government of the Republic of Argentina on Abolishing Visa Duty for Holders of Passports of 5 October 1999 were approved by Government Resolution No. 135 of 11 February The Agreement should have been agreed in the form of exchange of diplomatic notes. The Czech party has already delivered its diplomatic note, however Argentina in its response proposed concluding the Agreement in the form of personal notes of the Ministers of Foreign Affairs. The Czech party accepted this proposal and negotiations on adapting some formulations to personal notes were conducted. According to the latest information from the Czech embassy in Buenos Aires the Government of Argentina has not yet approved the changes in wording. The subject of negotiations which are conducted in relation to the Agreement between the Government of the Czech Republic and the Government of the Republic of Singapore on the amendment to the Agreement between the Government of the Czech Republic and the Government of the Republic of Singapore on Abolishing Visa Duty of 8 December 1997 is that of extending visa-free residence in the territory of the contracting state from 30 days to three months, as required by the relevant legal provisions of the EU. Singapore insists on defining the period of visa-free residence in days (i.e. 90 days) and not in months. With regard to the fact the regulations effective in the EU, as mentioned above, require defining the visa-free residence in months, the Czech party is not able to agree with the proposal of Singapore. Currently there are three countries with which the Czech Republic has not yet managed to ensure visa reciprocity - Australia, Canada, and the United States of America (USA). During the year 2005 inequality in visa policy with Brunei and the Federal Republic of Brazil was eliminated. Australia only facilitates the issuance of visas. Since 1 July 2004 it has enabled Czech citizens to obtain visas via the Internet - electronic visitor visa (e676) - without their personal presence in the embassy of Australia. However, this facilitation is not very extensive comparing to the advantage enjoyed by original EU Member States, citizens of the USA, Canada and some Asian countries, who apply for visas through the ETA system enabling them to obtain a visa free of charge, more rapidly and without any necessity to submit additional documents. Moreover, when applying for a visa up to three months the e676 system differs even between new EU member states. Whereas applications of citizens of some new EU Member States (for example Slovenia and Estonia) are processed automatically (the autogrant facility ), for citizens of other new EU Member States (including the Czech Republic) applications are processed manually by the Ministry for Immigrants staff and consequently the time needed for processing is extended. The embassy of the Czech Republic in Canberra is applying steady pressure on the Australian party to end its selective approach towards to the Czech Republic and to include our country in the ETA system, or 23

24 at least, within a short period of time, in the autogrant facility system. The European Commission is negotiating with Australia abolishment of the visa duty for the new EU Member States. Negotiations with the Canadian party on abolishing visa duty for citizens of the Czech Republic have been conducted at various levels continuously since visas were introduced again in 1997 and they were intensified due to visa asymmetry. The negotiations concentrate on persuading the Canadian party of the existence of a minimal migration risk from the side of the Czech Republic. Intensive negotiations are being led by the embassy of the Czech Republic in Ottawa, which delivered to the Canadian party during the review of the visa policy of Canada conducted by the Canadian Ministry for Citizenship and Immigration, a number of documents on the situation in the Czech Republic, mainly regarding migration, crime and respect for human rights. The result of the said review was disclosed in May 2005, however it was for all new Member States negative. The European Commission is also conducting negotiation with Canada on abolishing the visa duty for new Member States within its solving of notified cases of visa nonreciprocity. Czech diplomacy has striven for a long time to abolish visa duty for Czech citizens with the USA. The USA does not enter into visa-free agreements but the introduction of visa-free relations is always made through federal act. Prior to abolishing visa duty the relevant country must be enlisted in the Visa Waiver Program. Within the framework of the Program it is examined whether the relevant country meets the prescribed criteria. American executive bodies do not decide on the inclusion into the Program, but the US Congress does this The principal criterion restricting inclusion into the Program is maximally the three percent limit in the number of rejected applications for US visa within one year. The Czech Republic almost reached this limit in the mid 1990s however the indicator worsened later. In 2003 the US embassy in Prague rejected 11% of visa applications, in % of visa applications, and in 2005 it rejected the same number, i.e. 10% of visa applications. The main reason for such decisions taken by the US embassy is the relatively high number of Czech citizens who are caught in the USA when breaching immigration laws and working illegally. The Czech Republic complies with all other conditions laid down in the Visa Waiver Program - it abolished visas for US citizens, it has a stable economic system, it issues machine readable passports, it has well-functioning border controls, it cooperates with US security bodies, and so forth. In February 2005 the American party raised the idea of a new visa concept regarding the new EU Member States from Central Europe and the Baltic region, known as the roadmap. It is a project which should help the states concerned meet the criteria of the Visa Waiver Program (VWP). The roadmap for the Czech Republic contains in total six commitments for both American and Czech parties: 1. to introduce biometric elements in travel documents as well as other technical and security elements of the Visa Waiver Program (a joint task); 2. to draw up a study on the illegal migration of Czech citizens to the USA in 2005 (a joint task); 3. to carry out a public campaign to persuade Czech citizens not to breach residence rules of the USA (a task for the Czech Republic); 4. to re-evaluate the method for assessing applications for US visas (a task for the USA); 5. when evaluating conditions for meeting the VWP to not take into account illegal immigration before 1989 (a task for the USA); 6. to regularly evaluate the progress achieved when meeting VWP criteria (a joint task). The European Commission is negotiating on abolishing visa duty with those countries with which visa reciprocity has not yet been achieved. The Czech Republic, as well as other affected EU Member States, in compliance with Council Regulation (EC) No. 851/2005, amending Regulation 24

25 No. 539/2001 as regards reciprocity mechanisms, notified on 20 July 2005 the bodies of the European Union of the cases of visa non-reciprocity. The European Commission came to the conclusion that in the light of the current progress in the area of the solution of visa non-reciprocity it is not presently necessary to propose the introduction of visa reciprocity towards the third countries concerned or to adopt political, economic or trade measures; nevertheless the Commission would use such measures in the event that further visible progress in negotiations with those states is not reached. During 2005 the Czech Republic concluded visa-free agreements or some of the agreements entered into force. e.g. the one with Mexico 14 (the Agreement newly regulates exceptions concerning the purpose of the stay in the territory of contracting parties), with Brazil 15 and Romania 16 (the agreements newly regulate the period of residence for three months within six calendar months from the date of first entry in the territory, unless the residence is for the purpose of employment or business undertaking). Council Regulation (ES) No. 539/2001 enables a different procedure in applying visa duty towards third country nationals who must be in possession of a visa when crossing the external EU border, with regards to some specifically listed groups of persons, for example for the holders of diplomatic passports and official-duty passports. A necessary condition for the implementation of visa free relations for holders of diplomatic passports and official-duty passports is consultation with other EU Member States. The prerequisite for the commencement of such consultation is the establishment of the national position of the Czech Republic. With respect to the possibility to enter into visa-free agreements for the holders of diplomatic passports and official-duty passports from Bosnia and Herzegovina, Serbia and Montenegro, and Macedonia, communication (in writing) was commenced at the inter-ministerial level between the Ministry of Foreign Affairs of the Czech Republic and the Ministry of the Interior of the Czech Republic, the final intention of which is to establish the national position of the Czech Republic in relation to this matter. In 2005 efforts of the Russian Federation and Ukraine to negotiate for their citizens more lenient visa rules continued. The options of the Czech Republic to facilitate rules for the issuance of visas to citizens of the Russian federation and Ukraine are, however, limited. Bilateral negotiations with the Russian Federation and Ukraine which could lead to more lenient rules for visa granting are essentially limited by the fact the it is the European Commission which was authorised by the EU Member States to negotiate for the simplification of visa granting. The visa practice of the Czech Republic towards the Russian Federation is from the very beginning flexible and substantially more open than the Russian approach (granting multiple entry visas just on the basis of an invitation letter; the option of the embassy or a consulate to refrain from requiring all required documents with the exception of the application for a Czech visa, one photograph and a valid passport of the Russian Federation; simple proceedings when an application for a visa for longer than 90 days or an application for permanent residence in the Czech Republic are filed, and not collecting fees for express visa granting). The negotiations between the European Commission and the Russian Federation concerning the simplification of visa relations were commenced in October 2004 with the view to enter into a 14 The Agreement between the Government of the Czech Republic and the Government of the United States of Mexico on the Abolition of Visa Duty for the Holders of Passports of 25 November 1999 came into force on 25 January 2005 (it was concluded through the exchange of notes of 10 September 2004 and 27 October 2004). 15 The Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Brazil on the Partial Abolition of Visa Duty came into force on 3 October 2005 (concluded on 29 April 2004). 16 The Agreement between the Government of the Czech Republic and the Government of Romania on the Amendment to the Agreement between the Government of the Czech and Slovak Federal Republic on Visa Free Relations of 6 August 1991 came into force on 17 October 2005 (concluded by exchange of notes on 17 August 2005). 25

26 relevant agreement. The agreement is based on the principal of reciprocity and will cover short-term visas issued for a term of at maximum three months. The approved negotiation mandate of the European Commission included the harmonisation of visa fees, shortening the period for visa application processing, withdrawal from fees, simplification of conditions for issuing visas for specific categories of persons, and visa-free relations for holders of diplomatic passports. The European Union linked negotiating the agreement on simplification of visa rules with the Russian Federation with the conclusion of a readmission agreement. However, the Russian party at the very beginning of negotiations refused such agreements and in return for a readmission agreement it requested a visa-free relations. This approach was for the European Union absolutely unacceptable. In the interest of solving a sensitive issue of visa-free relations for the holders of diplomatic passports in October 2005 a compromise position of Member States was reached. The European Commission devoted its best efforts to reach an agreement on simplification of visa rules during the Summit of the European Union and the Federal Republic of Russia which was held on 4 October 2005 in London. Such efforts showed to be successful and the text of a bilateral agreement was approved during the London Summit. Then on 13 October 2005 this position was reiterated in Luxembourg. Towards the end of 2005 the agreement was officially translated into English and Russian and both translations were compared. During the stated period mutual accord concerning a readmission agreement was achieved. Both agreements are expected to be signed during the Summit of the European Union and the Federal Republic of Russia in May Ukraine also ranks, in terms of visa rules of the Czech Republic, among the countries whose citizens can enjoy, in the case of short-term visas, some benefits relating to visa rules. In contrast to the Schengen states, the visa policy of the Czech Republic towards Ukraine is substantially simplified. The extensive list of documents, confirmations and other supporting materials which Ukrainian applicants are obliged to submit when applying for a Schengen visa, is reduced by the Czech Republic, and limited usually to a document confirming the purpose of residence and confirmation of accommodation. Neither are quotas for daily accepted applications or other restrictions at the embassy and consulates of the Czech Republic in Ukraine prescribed. As a response to the abolishment of visa duty for citizens of the Czech Republic (this fact concerns citizens of other Member States and of Switzerland) enabling entry into and departure from Ukraine without any visa for 90 days for holders of all types of passports of the Czech Republic for the purpose of residence without earning money, the Czech party took a decision to temporarily abolish the collection of fees for short-term visas starting from 1 May 2005 until the Czech Republic accedes to Schengen cooperation, when it will be bound by a common Schengen visa fee scheme. During 2005 the group of the European Union COEST - conducted a number of negotiations which solved, at the political level, the issue of how to simplify visa rules. After EU Member States authorised the European Commission to negotiate with Ukraine over the simplification of visa relations, the Commission prepared the mandate for negotiation and once it was approved in October 2005 the negotiations were commenced. The approved mandate enables the European Commission to negotiate with Ukraine over harmonisation of visa fees, shortening the period for visa application processing, withdrawal from or reduction of fees, simplification of conditions for issuing visas for specific categories of persons, and visa-free relations for holders of diplomatic passports. During the negotiations between the European Commission and Ukraine, Member States are not permitted to conduct parallel bilateral negotiations with Ukraine on the issues in which the European Commission is involved. When the said negotiations are over Member States are obliged to implement their results in their respective countries. After the first round of those negotiations which was held in December 2005 the progress achieved and good cooperation of the Ukrainian party were clearly seen. In mid-december 2005 a technical meeting between the European Commission and Ukraine was organised and the draft text for an agreement was modified and presented to Member States at the February meeting of the Visa Working Group of the European Commission. During the second round of formal negotiations on 27 February 2006, 26

27 Ukraine changed its position and opened up a topic which the European Commission thought had been solved. These were mainly links between a readmission agreement and the agreement on the simplification of issuing visas. Ukraine requested separating both agreements with the view that the agreement on the simplification of issuing visas would apply provisionally. This approach was strictly rejected by the European Commission. Further points disputed continue to be the amount of fees for visa application processing, exemptions from fees and the abolishment of visa duty for holders of official-duty passports, which the Ukraine steadily insists on. In 2005 the Czech Republic continued to apply the Memorandum on Understanding between the National Administration for Tourism of the People s Republic of China and the European Community on Visas and Issues Concerning Tourist Groups from the People s Republic of China (ADS Agreement), which was entered into on 12 February 2004 by the European Community and the People s Republic of China. 17 With regard to increasing problems with abuse of the ADS Agreement, advised by other EU Member States, draft measures, drawn up by selected heads of embassies and consulates of EU Member States in Beijing, were submitted in summer 2005 to the European Commission and the Council of the EU. The aim of such measures was to prevent the extensive abuse of ADS tourism. Among the proposed measures are, in particular, restriction of the number of authorised Chinese travel agencies to 25 (from a current 672) and the introduction of The Inter-ministerial Working Group established by the Ministry for Regional Development under Government Resolution No of 22 December 2004, regularly meets once every three months and solves practical aspects of the ADS Memorandum implementation (this Group comprises representatives of the Ministry for Regional Development, the Ministry of the Interior and the Ministry of Foreign Affairs). In order to evaluate the ADS Memorandum the Ministry for Regional Development considers as important that according to current findings and information ADS rules have not been misused in the Czech Republic for illegal migration. The positive results of the ADS Memorandum are considerably affected by the system of consistent checks on travellers carried out by the Alien and Border Police. To this end, no complaints from travel agencies implementing cooperation within ADS were reported. As regards misuse of the ADS rules for illegal migration, the situation in other EU Member States (for example the Netherlands, France, Germany, or Italy) differs from that in the Czech Republic. Illegal migration of persons arriving on the ADS visa was repeatedly reported. As a consequence some Member States, such as France and the Netherlands, made conditions for issuing Schengen visa stricter, or they even suspended the application of the ADS Memorandum for a certain period of time. On the other hand it must be stated that the use of ADS visas by citizens of the People s Republic of China for their journeys to the Czech Republic is not as frequent as for their journeys to other Member States (for example to Germany). Information of the Ministry of Foreign Affairs of the Czech Republic shows that in 2005 ADS visas accounted only for about 13.5 % of the total number of visas issued to citizens of the People s Republic of China (according to the information of the Ministry of Foreign Affairs in total 844 ADS visas were issued from 1 January 2005 until 18 October 2005 by Czech consulates in the People s Republic of China). The reasons why the use of ADS visas in the Czech Republic is less frequent are different. One of the reasons may be the fact that our republic has not yet started to issue Schengen visas; also offers of Czech travel agencies probably do not correspond to the demand on the Chinese market (for example their price); and last but not least the Czech Republic does not have direct connection with Beijing as does for example Hungary. A newly opened office of a governmental agency CzechTourism - in Beijing should contribute to increasing the number of Chinese tourist in the Czech Republic. 2. The Ministry for Regional Development has towards Czech travel agencies an information duty (directly resulting from the Agreement on Meeting Obligations Arising from the ADS Memorandum). Therefore it regularly provides information to Czech travel agencies, on its web-sites, on all important information relating to ADS Memorandum implementation. By the Ministry informs cooperating Czech travel agencies for example that contacts with Chinese tour operators who are under sanctions are not suitable or that it is necessary to thoroughly follow the itinerary of a relevant journey, and so forth. 3. At the request of the European Commission the Ministry for Regional Development of the Czech Republic maintains and regularly updates (at six month intervals) the List of Czech Travel Agencies which are to cooperate with Chinese tour operators within the ADS Memorandum (hereinafter referred to as the List ). The last update was made at the end of October The Ministry for Regional Development enlisted in total 153 travel agencies/offices (i.e. about 13 travel agencies more than in the previous update). All of them, without any exception, signed with the Ministry the Agreement on Meeting Obligations Arising from the Memorandum. 27

28 entry and departure checks on groups of tourists travelling to EU Member States (similar to actions the Czech Republic introduced at the very beginning of ADS Memorandum implementation). The Czech Republic has not seen any problems relating to abuse of the ADS Memorandum. With regard to the promotion of tourism from China and mutual trade exchanges, a working consultative meeting was held on 4 November 2005 and it was attended by representatives of the Ministries of Foreign Affairs, of the Interior, of Industry and Trade, and for Regional Development. It was followed up by the meeting held on 8 November 2005 at the Office of the Government of the Czech Republic. The Minister of the Interior, the Minister for Regional Development, and the Minister of Foreign Affairs participated in this meeting. On the basis of summarised and evaluated current findings and conclusions adopted at both inter-ministerial meetings, was submitted to the Government a document concerning mutual relations with China Some Aspects of Mutual Relations between the Czech Republic and the People s Republic of China containing specific measures which the Government of the Czech Republic took note of. These are the following measures falling under the responsibility of the Ministries of Transport, for Regional Development, of Foreign Affairs, and of the Interior, in compliance with their respective scopes of competencies: to introduce direct flights between the Czech Republic and the People s Republic of China; to promote (sufficiently and as best as possible) the Czech Republic as an attractive tourist destination; to speed up the visa process; to second an immigration officer to the consulates of the Czech Republic in the People s Republic of China; to adopt measures to facilitate the entry of citizens of the People s Republic of China who are holders of Schengen visas; and to adopt measures to ease visa rules for trade delegations of the People s Republic of China. During 2005 intensive negotiations between the Ministry of Foreign Affairs of the Czech Republic and the Ministry of the Interior of the Czech Republic were held to accelerate the delivery of reports of the Czech police to embassies and consulates of the Czech Republic relating to applications for short-term visas. The practice, when an opinion of the Directorate of Alien and Border Police of the Czech police was typically processed over five days, often led to criticism of the Czech Republic from the side of foremost representatives of third countries subject to visa duty. An equally important impetus was the fact that a number of EU Member States normally review, at their respective headquarters, visa applicants over terms substantially shorter than those of the Czech Republic. The result of negotiations between both aforementioned ministries was to establish interconnection of the computer networks of the Ministry of Foreign Affairs and the Ministry of the Interior and to transfer opinions concerning visa applications. This measure, which started to be implemented at the end of 2005, considerably speeded up the transfer of opinions, 80 percent of which are sent to relevant embassies or consulates within 24 hours and the rest within 48 hours of the delivery of an application. Negotiations to even further accelerate the transfer of opinions of the Czech police will continue in Activities carried out by the Working Group established under the decision of the Council for Developing the Business Environment, to solve the topic known as A Visa and Residence Permits Granting Process for the Purpose of Trade and Economic Cooperation with the Czech Republic, continued during The activities of the Group, which is coordinated by the Ministry of Industry and Trade and CzechInvest, are focused on promoting the development of trade and economic cooperation. Members of the Group also include representatives of the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of Labour and Social Affairs, the Ministry of Justice, the Ministry of Finance, the General Directorate of Customs, the Directorate of Alien and 28

29 Border Police Service of the Czech police, and the Economic Chamber of the Czech Republic. Other expert entities may be invited to attend the meetings of the Group - mainly those who are involved in discussed issues. On 11 October 2004 the Agreement on the Programme of Working Holidays between the Government of the Czech Republic and the Government of New Zealand and the Arrangement between Czech Republic and the Government of New Zealand concerning the Agreement on the Programme of Working Holidays between the Government of the Czech Republic and the Government of New Zealand were signed in Prague. (the Parliament of the Czech Republic approved the Agreement and it was ratified by the President). The Agreement came into effect on 1 September 2005, including the related Arrangement. The Agreement enables a precise number of young people from 18 to 30 years of age (100 persons on each side) to spend one year s holiday in the territory of the other contracting state, with the subsidiary purpose of such residence being possible short-term employment under conditions set in advance. New Zealand started with preliminary implementation of the Agreement and the Arrangement on 1 March Starting from 1 July 2005 New Zealand increased unilaterally the number of working visas which are issued under the said Agreement to citizens of the Czech Republic, from 100 to 1,000. Currently the Ministry of Foreign Affairs, in collaboration with other stakeholders, is negotiating a similar agreement with Canada. In autumn 2005 the first round of negotiations concerning the Agreement between the Government of the Czech Republic and the Government of Canada on a youth exchange programme was held in Canada. Further, the Ministry of Foreign Affairs proposed initiating negotiations on the Agreement on the Programme of Working Holidays with Australia. As a follow up to the amendment to Act No. 428/2005 Coll., Decree No. 446/2005 Coll., effective from 24 November, newly regulates the duty of foreign nationals of selected countries to stay in the transit zone of an international airport in the Czech Republic only on the basis of an airport visa. The Decree also specified exceptions from this duty. In comparison with the previous legal regulation (Decree No. 86/2000 Coll.) which provided for a list of countries whose citizens need, if they want to stay in the transit zone of an international airport in the Czech Republic, an airport visa, the new Decree included in the list the Republic of India. This decision was affected by a substantial increase in the number of citizens of India who, from the end of August 2005, entered the Czech Republic via the international Prague-Ruzyne airport and applied for asylum in the transit zone. Then they abused asylum proceedings in order to transfer to one of the old EU Member States I.3.1. Modernisation of the Visa Process Tasks concerning the granting of visas are, in compliance with EU standards, carried out through an electronic consultation system known as MVP/EVC 18, which connects all embassies and consulates of the Czech Republic issuing visas. With the Czech Republic s accession to the European Union and with a transfer to using visa stickers according to the EU specimen, a new version of this system - MVP/EVC2b was installed at embassies and consulates. The system is being further developed and will be supplemented by the VISION system, enabling consultation on visa applications with relevant bodies of other parties to the Schengen Agreement. 19 Connections among embassies and consulates have been improved so that the quality and speed of the visa process should correspond to EU requirements. With regard to the establishment of the central Visa Information System 20, it will be necessary to harmonise and adjust the visa programme at embassies and consulates of the Czech Republic (MVP/EVC2b) so as to enable complete functionality of N-VIS and C-VIS information systems. 18 Modernisation of the Visa Process /Register of Foreign Nationals 19 Pilot operations of this system were commenced at the General Consulate in Dresden on 1 June For more details see Chapter I Visa Information System 29

30 I Visa Information System (VIS) Council Decision of 8 June 2004 No. 2004/512/EC determined the necessary framework for commencing work on this project. VIS will work as a Schengen electronic database system, part of which will be VISION 21 consultations. It will be a central database of visa applicants who apply for EU Member State visas and will be a tool to review them in the Schengen Information System (SIS). VIS will be involved in ensuring the total security of the Schengen area by means of comprehensive checks on of persons who are, by having been granted a visa, permitted to enter this area. It will facilitate checks and clearance at the external border as well as in EU Member States themselves, and facilitate the application of the Dublin Regulation determining the Member State responsible for dealing with an asylum application and the identification and return of illegal migrants. At the same time VIS will be, alongside the Schengen Information System, one of the tools for creating an area of freedom, security and justice, and not just a mere instrument of the visa process. The Visa Information System will be based on centralised architecture and a single technical platform with second generation SIS (SIS II). The data contained in and access to both systems will be separated. The Czech Republic will implement the interconnection of both systems at the national level. A proposal for a Regulation of the European Parliament and of the Council concerning the Visa Information System (VIS) was discussed in the course of 2005 by the Visa Working Group of the Council of the EU. The document was modified, on an ongoing basis, according to the comments from EU Member States. In this context it was decided, inter alia, that the access of Member State authorities responsible for matters of internal security to VIS would be solved by a legal act within the 3 rd pillar, which should be adopted approximately on the same date as currently discussed regulations regarding VIS. In accordance with Council Decision of 24 February 2005 on the accelerated introduction of biometric features into a central part of VIS, Article 36 (Introduction into Operations) will be amended which means that not later than on 31 December 2006 not only functions for processing alphanumerical data and photographs will be implemented but also functions for biometric data processing will be introduced (the former deadline was 31 December 2007). VIS will be put into operation by connecting at least five Member States, however no deadline was specified for the connection of the other either old or new Member States. The fundamental condition for connecting new Member States is their accession to Schengen The project assumes the establishment of a new national visa information system conforming to all requirements for its connection into C-VIS. The features of this system within the decisionmaking process concerning visa granting will include consultations with VISION. The system will be functional as of the date of the Czech Republic s accession to Schengen. I.3.2. Biometric Features in Travel Documents With regard to the development of personal identification documents and information exchange within international judicial and police cooperation, the European Union intensively deals with utilising biometrics. The decisive motivator for using biometrics in EU Member States was the Thessalonica EU Summit held on June 2003, which confirmed the necessity of a unified approach to be taken by the European Union towards biometric identifiers and biometric data for the documents of third country nationals, the passports of EU nationals and for information systems (VIS and SIS II). The following Summit of the European Council held in Brussels on 12 December 21 VISION (Visa Inquiry Open-Border Network i.e. the network of Schengen consultations). This office should intermediate consultation with other Member States when granting visas. 30

31 2003 confirmed the new trend towards the harmonisation of security elements in EU documents and the introduction of biometric identification elements in such documents. The political agreement regarding key provisions in introducing biometric elements into EU travel documents was reached at the meeting of the JHA Council held on 25 and 26 October The Council agreed on two obligatory biometric elements: a digital photo of the passport holder will be introduced within 18 months and a digital record of fingerprints within 36 months from the adoption of technical specification. Approved Council Regulation (EC) No. 2252/2004 of 13 December 2004 on standards for security and biometric elements in passports and travel documents issued by Member States was published in the Official Journal of the European Union on 29 December 2004 (L 385/1). This Regulation applies to travel documents issued for a period exceeding 12 months, and its general objective is to increase minimum security standards for travel documents issued by EU Member States. The standards concern: material used, printing technology, numbering, the system of issuing, and biometric features. During 2004 the Czech Republic also commenced preparations for introducing biometric elements into travel documents. On 9 September 2004 the meeting of the Ministry of the Interior s top managers approved the document titled Usage of Biometrics within the Scope of Competencies of the Ministry of the Interior and Other State Administration Bodies Principles for Procedure. To this end the Steering Group for Biometrics was established on 3 May 2005, the task of which is to develop a strategy and coordinate the procedure when implementing biometry in practice. Its first activity was to create conditions for launching the projects Biometrics in Travel Documents. As a follow up, the Government of the Czech Republic approved by its Resolution No. 740 of 15 June 2005 the Action Plan of the Czech Republic for Implementing Council Regulation (EC) No. 2252/2004 on standards for security and biometric elements in passports and travel documents issued by Member States. At the same time the Government assigned the First Deputy of the Prime Minister and the Minister of Finance to ensure funds for preparing and implementing the Project on Introducing Travel Documents with Biometric Identifiers. The Czech Parliament approved the draft amendment to the Act on Travel Documents 22, which takes into account the introduction of biometric features. Travel documents with machine readable data and with a chip with biometric data will be issued from 1 September 2006 (the Act was signed by the President on 31 March 2006). Simultaneously, the implementation of a newly established investment programme Building Telecommunication Support for Biometrics System was commenced. The programme is to be implemented during the years By ensuring a transmission capacity of 155 Mbit/s to the level of districts, the accessibility and security of the ministerial telecommunication network will increase not only for the purpose of the transmission of biometric data but also for other police information systems, and this infrastructure may be at the same time used as a basis for a critical communication infrastructure in compliance with Government Resolution No. 112/2004 of 4 February Act No. 329/1999 Coll. on Travel Documents and on the Amendment to Act No. 283/1991 Coll., on the Police of the Czech Republic, as amended (the Act on Travel Documents, as amended) 31

32 I.4. NATIONAL BORDER PROTECTION Protection of the Czech national border was in 2005 carried out in accordance with Act No. 216/2002 Coll. on the Protection of the National Border 23. The priority of task was to secure the execution of the service at border-crossings; activities away from the crossings focused mainly on guarding communications leading to border-crossings and selected sections of the national border where illegal attempts to cross the national border frequently occur, as well as on preventative measures. Checks on vehicles were carried during daytime as well as at night, directly at border-crossings or near them. Such checks in particular focused on uncovering illegal travel documents and persons transported in vehicles. The control and clearance of persons coming from the EU Member States was essentially minimal while third country nationals were checked thoroughly and such checks were aimed especially at travel documents and the requirements for entry and residence in the Czech Republic, including their screening in the police information systems. New procedure for clearance at border crossing points placed increased demands on the experience and professionalism of police officers working for the ABPS. Increased attention was in 2005 paid to international airports and to the preparation of conditions for meeting service criteria for external Schengen borders. International airports were strengthened by the number of police officers, specially trained dogs and specific equipment. In 2005 border crossings adopted some emergency measures for example in the context of a meeting of Hells Angels, after terrorist attacks in London, and in connection with the visit of the US President in Slovakia. An emphasis was put on the use of contemporary technical equipment in border watches. In order to expose illegal migration across the green border, police officers used 13 special vehicles equipped with thermo-vision systems and other optical and electronic devices. Furthermore they used 76 portable cameras also equipped with thermo-vision, 24 sets of portable thermo-vision cameras placed on the roof of a vehicle and operated from the inside of the vehicle, and they used devices for night vision. Two thirds of obsolete PSION devices for manual checks of persons and motor vehicles were replaced by new ones. In order to uncover stolen vehicles and in cases of other unlawful conduct, police officers used 72 sets of an automatic system for the checking of registration licence plates of vehicles at border crossings (LOOK). The K9 service (the police service using specially trained dogs) satisfied the requirements placed on it in safeguarding the protection of the national border and public order. In comparison with the previous period, a trend of more effective and better scheduled use of policemen with dogs was seen. The increase in use of police dogs for escorts and monitoring of persons within residence controls was not negligible. In compliance with a long-term objective the number of police specialtrained dogs increased, and the number of K9 staff using dogs for searching for explosives increased three times (from 7 to 21 police officers with the same number of dogs) and they are or in the near future will be assigned to execute their service mainly at international airports with regular flights. In compliance with meeting the task of the Police Presidium, the number of K9 staff should increase in 2006 to approximately 40 police officers and 72 police dogs for searching for explosives 23 Act No. 481/2004 Coll., amending Act No. 216/2002 Coll. on the Protection of the National Border of the Czech Republic and on the Amendment to Some other Acts (the Act on the Protection of the National Border) came into effect on 7 September A short amendment was drafted to enable the police to be able to place, in extraordinary cases, security means which are to prevent illegal border crossings by vehicles more than 50 metres from the national border. 32

33 and incendiary devices. However it is feasible to reach this aim only provided that some conditions are met (a sufficient number of suitable young police dogs, the capacity for their training, the remuneration of specialised police officers, and creating a good background and conditions for the training and use of K9 staff and their dogs). Mutual cooperation of the ABPS with bodies protecting the borders of neighbouring countries in safeguarding the protection of joint borders, activities at border crossings, and other places determined for crossing the national border was, during the year reviewed, at a very good level. The clearance of persons and vehicles by joint teams was without any problems. At the Czech - German national borders it was mainly cooperation between the ABPS and the Federal Police (BPOL), that replaced, effective from 1 July 2005, the Federal Border Protection (BGS). Working meetings were organised - especially those concerning strategic issues relating to border protection and control of across-the-border operations at the Czech German national borders. The Czech party was represented by managers of DABP and ABPS TDs in Usti nad Labem, Pilsen and Ceske Budejovice. The participants exchanged information on the situation at national borders, and the scope and specificities of illegal migration and supranational crime, as well as on measures being adopted. OABP and German inspectorates of the BPOL inform each other at the national border, on an ongoing basis, on the security situation on the territory within the scope of their responsibilities, and on present findings relating to the protection of the national border. In some cases controls on tourist paths within local border traffic between the Czech Republic and the Federal Republic of Germany are coordinated. With regard to cross-border crime - mainly in exposing illegal attempts to cross national borders (section 171a of the Criminal Code) and forging and altering official documents (Section 176 of the Criminal Code) - cooperation with the BPOL as well as with police bodies of other neighbouring states appears to be satisfactory. In compliance with the Agreement between the Czech Republic and the Federal Republic of Germany on Cooperation between Police Bodies and Authorities Involved in Protection of the National Border in the Borderlands (which entered into force on 1 August 2002), joint border watches of policemen from the ABPS and the BPOL were organised during the whole year of The third subsequent joint Status report on Illegal Migration at the National Border was drawn up in Spring by the joint Czech German Expert Commission. Cooperation with bodies of the Slovak Republic protecting the national border commenced under the Agreement between the Czech Republic and the Slovak Republic on Cooperation in Combating Crime while Protecting Public Order and the National Border, which came into effect on 24 February Under Article 13 thereof, joint police watches started on 1 October 2005 to cooperate in protecting the Czech Slovak border, with the aim of deepening cooperation and combating illegal migration more effectively. Watches operate upon the same conditions as watches at the Czech German border, which means that in borderland the distance is 25 km from the national border in the Czech Republic and 30 km from the national border in Slovakia. As these watches have been operated for a relatively short period of time it is not possible to evaluate whether they are effective. Preparations to draw up a Joint Status Report concerning the common Czech Slovak border commenced. From 1 February to 25 February the request of Slovakia to provide assistance in relation to the visit of the Presidents of the USA and Russia in Bratislava on 24 February 2005 was met. Both parties closely cooperated, mainly in checking and clearing persons and vehicles and in ensuring public order at border crossings. 33

34 On 14 July the Agreement between the Czech Republic and the Republic of Austria on Police Cooperation was entered into and the process of its ratification was commenced. The work on the agreement on cooperation of police bodies and bodies involved in national border protection with Poland continued. The year 2005 saw also preparation of other international agreements relating to crossing of the national border of the Czech Republic. Their implementation, as soon as they enter into force, will require adjustments in organising the activities of relevant OABPs and allocating needed forces to ensure border checks. The Agreement between the Czech Republic and the Republic of Austria on Crossings of the National Border on Tourist Paths and on Crossing the National Border in Special Events was signed in Raabs an der Thaya on 17 September The Agreement will facilitate crossing of the joint national border within tourism and in special cases to all persons who, in accordance with Community law, enjoy the right of free movement. Both chambers of the Czech Parliament approved the Agreement (the Senate on 8 December 2005 and the Chamber of Deputies on 9 February 2006). The said Agreement will enter into force on 7 May At the same time the Agreement between the Czech Republic and the Republic of Austria on Border Crossings at Joint National Borders was signed. It will contribute to further development of the free movement of persons and transport and ensures suitable conditions for crossing the national border by persons and means of transport (it came into force on 22 December 2005). The Arrangement between the Czech Republic and the Republic of Austria on Establishing Determined Spots on Tourist Paths was signed in Mikulov on 9 December This Arrangement, as a follow up to the Agreement between the Czech Republic and the Republic of Austria on Crossings of the National Border on Tourist Paths and on Crossing the National Border in Special Events, enables the crossing of the national border on 27 determined tourist paths. 24 The Czech Republic and Austria exchange information and, at the level of ABPS TDs, Status Reports are regularly drawn up. On the basis of conclusions resulting from previous Czech Polish negotiations on the amendment to the Agreement between the Czech Republic and the Republic of Poland on Local Border Traffic and the Agreement between the Czech and Slovak Federal Republic and the Republic of Poland on the Path of Czechoslovak Polish Friendship and Border Sections of Dunajec and Poprad Rivers were commenced. This amendment will react mainly to changes resulting from the accession of the Czech Republic and Poland to the EU and to other necessary changes arising from practical implementation of both agreements. The ABPS supports the aforementioned changes and actively participates in their preparation, since the Alien Police consider such changes to be important for executing their service. In 2005 units of the Alien and Border Police devoted special attention to residence checks which concentrated mainly on respecting residence rules valid for foreign nationals, meeting the purpose specified in the visa, meeting the duties of foreign nationals and landlords arising from the Act on the Residence of Aliens, exposing foreigners residing in the Czech Republic after expiration of their visa or the period of time stated in the visa, and on implementing measures in cases where relevant laws and general legal provisions effective in the Czech Republic were violated. The result was 9,800 detected cases of violations of residence rules by foreign nationals (compared to 2004 this signified a decrease of 41.3%). Of the number stated, 2,145 persons were detected at the national borders when they wanted to leave the Czech Republic. 24 It will come into effect together with the Agreement. 34

35 I.5. NEGOTIATIONS OF THE CZECH REPUBLIC IN THE EUROPEAN UNION STRUCTURES The Czech Republic became a Member State of the European Union on 1 May As of this date the Agreement on the Accession of the Czech Republic to the European Union, signed in Athens on 16 April 2003, entered into effect. After the Czech Republic joined the European Union, legal provisions of the EU started to be applied in the country. At the same time the Czech Republic gained the possibility to actively participate in developing such legal regulations. In the period from 16 April 2003 until 30 April 2004 representatives of the Czech Republic had been able to participate in meetings of EU institutions but, however, had not been able to vote. The Ministry of Foreign Affairs of the Czech Republic created the system for preparing positions of the Czech Republic for its involvement in EU bodies. All central state administration bodies participate in this system. The Ministry of the Interior, in addition to other ministries, is responsible for preparing positions and instructions which representatives-experts of the Ministry of the Interior either apply at meetings of working groups of the Council of the EU or the European Commission, or which are sent to the Ministry of Foreign Affairs, namely to the Permanent Representation of the Czech Republic with the European Communities. The system of such positions/instructions is as follows: instructions for meetings of working groups and committees of the Council of the EU are directly drawn up by the units of the Ministry whose experts participate in such meetings; when preparing the instructions it is possible to ask diplomats (members of COREPER) from Brussels who deal with the issue of justice and home affairs for additional information; every week the Ministry of the Interior is involved in preparing instructions of the Czech Republic for COREPER. 25 The final wording of instructions is completed by the Committee for the EU. The Committee for the EU was established by the Ministry of Foreign Affairs to replace the procedure used for the distribution of documents for further comments. Every Tuesday before the COREPER meeting this body discusses all prepared instructions. If such instructions are agreed on by all members of the Committee the approved instructions are sent to the ambassador of the Czech Republic to the European Communities. The Committee for the EU consists of representatives of all ministries and other central bodies at the level of Deputy Ministers; mandates containing detailed instructions for each point on the agenda are drawn up for meetings of the Council of Ministers, namely for each composition of the Council of the EU 26. Mandates are approved by the Government of the Czech Republic. The Coordination Group of the Ministry of the Interior for the European Union is a core decision-making body in matters of framework positions and instructions for meetings of working groups of the Council of the EU and COREPER, as well as mandates (i.e. principal positions to be taken by the Czech Republic in the EU) for those meetings of the Council of the EU the agenda of which falls under the responsibility or co-responsibility of the Ministry of the Interior. This Group, which is presently established in compliance with Government Resolution No. 476/2003, also focuses on the essence of legislative proposals of the European Commission which are submitted to the Council of the EU. Its task is to analyse the consequences which the proposals in question could have for the Czech Republic, so that the Czech Republic can actively, through its experts in working groups and committees of those EU institutions, influence, in cooperation with the Committee for the EU (or along with the Government) and through the Permanent Representation 25 The Committee of Permanent Representatives which is attended by ambassadors of the Member States and whose approval precedes the final approval of the Council of Ministers of the EU. 26 The Council of Justice and Home Affairs deals with the issues of the interior. 35

36 of the Czech Republic with the EC, the development of such proposals. The Ministry of the Interior of the Czech Republic is fully responsible in 18 working groups of the Council of the EU, and in 24 groups is a co-responsible body. Moreover, the Ministry is involved in the activities of six committees and 31 working groups of the European Commission. Issues relating to asylum and migration are discussed in particular by working groups of SCIFA 27, Migration and Extradition, Asylum, Borders, VISA 28, CIREFI 29, Schengen Evaluation, Schengen Acquis, SIS/Sirene, and some others. I.5.1. Directives Adopted by the European Union in the Field of Asylum and Migration The European Union adopted in 2005 the following legal regulations concerning asylum and migration: Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status The subject matter regulated by the Directive is procedural law on granting and withdrawing asylum: fundamental rights and duties of applicants for asylum, the definition of cases of unfounded and inadmissible applications for asylum and procedural rules relating to these, procedural rules concerning repeated applications and proceedings at borders, and the right to an effective remedy against an administrative decision. The Directive will not cover all persons who apply for asylum at the borders or inland of the EU Member States. Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research This Directive lays down the conditions for the admission of third-country researchers to the Member States for more than three months for the purposes of carrying out a research project under hosting agreements with research organisations. During 2004 the Dutch Presidency developed a programme document known as a Multi Year Programme, under the name The Hague Programme: Strengthening Freedom, Security and Justice in the European Union (hereinafter referred to as the Hague Programme ), approved on 25 October 2004 by the Council of Justice and Home Affairs and on 5 November 2004 by the European Council. The Hague Programme builds on the conclusions of the European Council adopted in Tampere, Finland, in October 1999, and determines objectives for the future development of the European Union in the area of justice and home affairs. The Hague Programme is a political document and the objectives stated in it are declarative and of a general nature. On the basis of the Hague Programme the European Commission drew up in 2005 an Action Plan which translates the general objectives and priorities of the Hague Programme into specific measures with a schedule and deadlines for their fulfilment. The Action Plan of the European Commission relating to the Hague Programme was approved by the Council of the EU on 3 June The above-mentioned Action Plan contains a proposal of particulars measures also for asylum and migration. Currently the Migration and Extradition Working Group of the Council of the EU is dealing with a proposal for a decision to establish the European Return Fund (ERF) and a proposal for a 27 Strategic Committee for Immigration, Frontiers, and Asylum 28 Working Group of the Council of the European Union - Visa 29 The Centre for Information, Discussions and Exchange of Opinions on Border Crossings and Immigration 36

37 directive regulating a common standard for the extradition of third country nationals who do not satisfy or who have ceased to satisfy conditions for entry into or residence in EU Member States. A main goal of the Draft Directive of the European Parliament and the Council on common standards and procedures of Member States in the case of the return of illegally residing third country nationals is to unify the procedures of Member States in cases of extradition and deportation and to bring about the introduction of clear and transparent common rules with regard to return, extradition, the use of coercive means, temporary detention and the prohibition of entry, while fully respecting the human rights of persons concerned. The Draft Directive also develops the Schengen acquis, because the proposed legal regulation will apply to third country nationals who do not satisfy or who have ceased to satisfy conditions for entry with regard to the Schengen Implementing Convention. The Czech Republic is striving to adopt such a proposal which, on the one hand, will fully respect the human rights of a given category of persons, and on the other hand, will enable the effective execution of a decision on extradition or its implementation.. I.5.2. Framework Programme Solidarity and Management of Migration Flows In its Communications determining strategic dimensions for financial outlooks for the period of the Commission stressed the goal of promoting the strengthening of the area of freedom, security and justice through sufficient financial resources. In accordance with objectives set by the European Council, the proposed Framework Programme Solidarity and Management of Migration Flows will aim to solve the issue of a fair sharing of responsibility between Member States as regards the financial burden resulting from the introduction of integrated management and surveillance of external borders of the Union and from implementation of the common asylum and migration policy. The Framework Programme lays down financial mechanisms of solidity (funds) covering four areas: controls and surveillance of external borders ( integrated border management ), visa policy, which will be pursued together with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX); the return of third-country nationals residing illegally in the EU; the integration of legally resident third-country nationals; and asylum (developing the current European Fund for Refugees). The Framework Programme contains the following four financial instruments: 1. European Fund for Refugees for the period of External Frontiers Fund for the period of European Integration Fund for the period of European Return fund for the period European Fund for Refugees (ERF III ) The European Fund for Refugees (ERF III ) builds on the functioning ERF II established by Council Decision No. 2004/904/EC. In accordance with the proposed Decision, the purpose of the Fund will be to co-finance the following actions: conditions for admission and asylum procedures, 37

38 the inclusion of persons stated in Article 6 of this proposal, and the voluntary return of specified persons. In order to implement the European Fund for Refugees (ERF II) in the Czech Republic, the party responsible for such implementation, the Asylum and Migration Policy Department, drew up the Methodology for ERF II. It is assumed that a similar document will be developed with regard to ERF III. The structure of the proposed ERF III and the further three financial instruments results from Council Decision 2004/904/EC and proposed implementing Decisions of the Commission. Moreover, it draws on inspiration from the legal regulations of the European Structural Funds. Currently there are discussions relating to individual proposals at the level of the SCIFA Working Group. The most common reservation seems to be the high administrative and financial burden on individual Member States which cannot be justified by the total financial amount of the Fund. Some Member States presented a proposal to establish an ad hoc group which should go through the reservations of individual delegations in full detail. At its June meeting (2005) of the Committee for the European Fund for Refugees, the European Commission set a deadline for delivering multiyear ( ) and annual national programmes (2005) for the European Fund for Refugees. The Asylum and Migration Policy Department of the Ministry of the Interior, as the responsible authority, delivered both programmes to the European Commission within the set deadline. External Frontiers Fund The initiative to establish this Fund is part of the plan for external EU border management. External borders play a key role in the European Union when defining and protecting the area of freedom, security and justice. By the approval of the plan in June 2002 the period for forming principles targeting improvement of the external EU border surveillance, inter alia, in the context of EU enlargement, reached its climax. The Fund should be established on two basic components a solidarity mechanism, i.e. a balanced distribution of the financial burden, and on the basis of a distribution key for fund allocation. When drafting this legal regulation the Commission built on the mechanism of the European Fund for Refugees which has been functioning for many years. The basis is strategic planning strategic guidelines; multiyear strategy at the national level; the establishment of shared management where funds are used in compliance with relevant regulation; and the process must be transparent. The functioning of the Fund must be based on the common integrated system for external frontiers management. The four principal political aims which the Fund contributes to are as follows: to improve the efficiency of controls and as a consequence the efficiency of management and surveillance of external borders to decrease illegal entries and increase the security of the internal area of free movement in the EU; to make it easier and faster for authorised travellers to enter the EU in compliance with the Schengen acquis and at the same time to protect the EU against illegal entries; to achieve a uniform application of EU law by the Member States and overall effectiveness of surveillance of borders when meeting tasks in compliance with EU legal regulations; and to enhance the efficiency of the issuing of visas and the implementation of other pre-border checks. 38

39 The first reading of the proposal was completed within the meetings of the Working Group Frontiers of the Council of the EU and the SCIFA Committee. European Integration Fund The European Integration Fund (for the integration of third country nationals) represents a financial tool which should within its legal framework facilitate the integration of third country nationals in Member States and it should cover different events supporting integration. However, the Fund has not been yet established. The main objective of the European Integration Fund is to support Member States so that they will be able to facilitate the admission of third country nationals, having different cultural, religious, ethnic and language backgrounds, to individual Member States. Among other aims are to simplify the organisation and implementation of admission procedures, to increase the awareness of societies of individual Member States with respect to integration, and to increase participation by third country nationals in the host society. Since June 2005 the Migration and Expulsion [Admission] Working Group of the Council of the EU has discussed the issue of the above-mentioned European Integration Fund. The proposal to establish the Fund did not see much support from the side of Germany, Sweden and predominantly France. The discussion showed that it would be necessary to clarify the legal basis for the Fund. After that, the legal basis was reviewed by the Legal Service of the Council of the EU, which came to the conclusion that it was impossible to establish the Fund on the current legal basis (October 2005). The discussions were suspended in October. In December 2005 the Legal Service of the European Commission issued a document stating that the Fund may be established on the current legal basis (in particular Articles 13, 61 and 63 (3) (a) of the EC Treaty) and that the Legal Service of the Council of the European Union had been incorrect in its legal analysis. Further negotiations will be conducted in the structures of the Council of the EU in European Return Fund The establishment of the ERF is proposed in order to support Member States in combating illegal migration or in their efforts to effectively implement the return of third country nationals who do not satisfy or who have ceased to satisfy conditions for residing in the territory of a Member State. At the level of the EU it is necessary to ensure that rules specified for the admission of third country nationals are not breached and to guarantee the genuine exercise of rights which is a irreplaceable element of the area of freedom, security and justice. The principal aims of the ERF are as follows: the introduction and enhancement of the organisation and implementation of integrated return management in Member States; enhancement of cooperation between Member States within integrated return management; and promotion of uniform application of common standards on return. The Fund can be used for financing returns of illegal migrants and unsuccessful asylum seekers. The Fund should operate for the period of Each Member State will receive annually EUR 300,000 and new Member States EUR 500,000. Further funds will be allocated under set criteria (for example according to the number of illegal migrants in the respective Member State). 39

40 I.6. THE CZECH REPUBLIC S PREPARATION FOR INVOLVEMENT IN SCHENGEN COOPERATION Schengen cooperation has derived its name from the Luxembourg town Schengen where the first document concerning such cooperation - the Schengen Agreement - was adopted on 14 June The Czech Republic has been systematically preparing, since 1998, for taking on the Schengen acquis. At that time the inter-ministerial Working Group for Schengen Cooperation was set up. In the course of preparations the Czech Republic has elaborated its strategy in the form by which, in September 2001, the Schengen Action Plan of the Czech Republic (hereinafter referred to as SAP CZ ) was expressed. The document was accepted by the European Union very positively, thus contributing to successfully closing Chapter 24. SAP CZ was subsequently updated in 2003 and in The Government of the Czech Republic established, with regard to the need for implementing the Schengen acquis, effective management and control mechanisms. Since 2001 the Czech Government has annually discussed the Report on the Czech Republic's Preparedness to Adopt the Schengen Acquis which provides its members with updated information. At the same time the Government may timely respond to problems which might occur in the course of preparations. Until now the Government has received seven Reports. The Government took note of the so far last Report on the Czech Republic's Preparedness to Adopt the Schengen Acquis by its Resolution No. 562 of 11 May At the same time it approved the 2005 Schengen Action Plan of the Czech Republic. Since its accession to the European Union the Czech Republic has applied category I aquis; category II acquis is applied by states fully integrated in Schengen cooperation SAP CZ maintains continuity of the strategy which the Czech Republic has held to for a long period of time. The Czech Republic is convinced that the abolishment of checks at internal borders is a principle of Schengen cooperation, and therefore the time gap between the implementation of category I and II acquis should be as short as possible. The inter-ministerial Schengen Evaluation Czech Republic Working Group coordinates individual bodies of state administration and it works under the responsibility of the Ministry of the Interior. This Group replaced in 2005 an original Working Group for Schengen Cooperation which was cancelled as a result of the Czech Republic s accession to the EU. The newly established Working Group is authorised to organise and evaluate control missions in the Czech Republic in the context of completing preparations for integration of the Czech Republic in Schengen cooperation. It is also a principal coordinating body for ministries and other governmental bodies involved in preparing and implementing Schengen acquis within their respective scope of competencies. In compliance with the Commission s recommendation, project managers for the Schengen Information System (SIS) and Visa Information System (VIS) were appointed by the instruction of the Minister of the Interior No. 27 of 25 July Establishing the function of project managers is to ensure better coordination and solution of assignments relating to preparation of the Czech Republic for its connection with the two central Union system SIS and VIS both at national and international levels. The Czech Republic strives to accede to Schengen and for the related abolishment of inland border checks and clearances at borders with neighbouring states as of October The year 2006 represents a crucial period with regard to ambitions if the Czech Republic is to be fully integrated in 40

41 Schengen cooperation as of the stated deadline. During 2006 the Czech Republic will have to undergo practical evaluations of the status of its preparedness for accession to Schengen. The Czech Republic will be evaluated in the framework of Schengen evaluations of new Member States the timetable of which was adopted by the Council of the EU on 10 May This document follows up the conclusions of the European Council held on 5 November 2004 where the European Council invited the Council, the Commission and Member States to adopt all measures necessary for abolishing checks at internal borders within the shortest possible timeframe; conditional upon that all requirements of Schengen acquis will be met and the Schengen Information System II (the second generation system SIS II) will put into operation in Moreover, the European Council called for the commencement in the first half of 2006 of evaluation in the areas of acquis which do not relate to SIS II. The same initial date for the beginning of evaluation of new Member States was reiterated in the Hague Programme which set EU priorities in the area of justice and home affairs for the years The aforementioned schedule for evaluating new member States complies with the Declaration of Preparedness to Commence Evaluations from 1 January 2006, which was signed by the Ministers of the Interior of the Visegrad Group (the Czech Republic, Poland, Hungary, and Slovakia) on 19 July In accordance with the adopted schedule, the Czech Republic will be evaluated in the group comprising Hungary and Slovenia. Evaluations of the Czech Republic in 2006 will be held in four areas: police cooperation (19 23 February 2006), the protection of personal data (7 9 March 2006), visas (16 May consulate in St. Petersburg; 28 June consulate in Kiev) and air borders (i.e. international airports June 2006). With regard to its geographic position the Czech Republic will not be evaluated in the area of inland and sea borders. Only on the basis of successful completion of the evaluating procedures will it be possible to abolish border checks with neighbouring states and to fully enjoy the benefits of free movement of persons within the Schengen area which apply also to all third country nationals legally residing in the Schengen area. Within the European Union it is the Ministry of the Interior which is the party responsible for Schengen issues and thus for Working Groups of the Council of the EU, namely FRONTIERS, Schengen Evaluation, and Schengen Acquis, and is a co-responsible party for the Visa Working Group (with the responsible party being the Ministry of Foreign Affairs). With regard to activities carried out by the Schengen Evaluation Working Group of the Council of the EU, the Czech Republic participated during 2005 in Schengen Evaluating Missions in Greece and Scandinavian countries (Denmark, Norway, Sweden Finland, Iceland). Czech experts were directly involved in the evaluation process and participated in drawing relevant reports. Their experiences were used in activities carried out by the above-mentioned Working Group operating at the national level and in preparing the Czech Republic for the Schengen evaluating process. In January 2006 the Czech Republic had a presentation in Brussels and after this concrete evaluations will be commenced. I.6.1. National Schengen Information System (N.SIS ČR) The Schengen Information System (SIS) is a common computer searching system with guaranteed protection of data which provides duly authorised police and judicial bodies of contracting parties with mutual access to certain kinds of information. It is key to completing integration into the Schengen cooperation system, because connecting the new Member States will only be possible after the 2 nd generation Schengen Information System is developed and put into operation. 41

42 The Schengen Information System consists of national sections (N.SIS) and the central unit located in France in Strasbourg (C.SIS). By implementing the project known as the National Schengen Information System, one of the prerequisites for abolishing border checks with neighbouring states and the full utilisation of free movement of persons within the Schengen area will be met. The suggested procedure for solutions is based on a crucial decision of the Czech police to create, at the national level, a copy of alphanumeric data within all data entered by member States in the CS-SIS centre. This is data relating to persons as well as things which are subject to measures to be adopted in compliance with the relevant legal provisions. The system must meet very demanding requirements concerning its security, availability and reliability. The project is managed by the Information and Computer Technology Department of the Police Presidium of the Czech Republic and consists of three parts: 1. The part of the system which is to communicate with the interface of CS-SIS, to copy data to the national copy of NC-SIS and to provide services for searching both in the national copy (simple search) and in the central unit (advanced search) will be supplied by an external company. 2. Applications for the administrative activities of the national SIRENE CR office 30, including interface to CS-SIS, additional database Q.SIS and inquiry system - Program Queries will be supplied by an external company. 3. The following will be carried out by Czech police units: an additional database Q.SIS, where all national records will be concentrated and their conversion and control made will be created; at the same time corresponding interfaces to national systems, the applications for the SIRENE office and communication interfaces will be created; adjustments will be made in national police systems so as to enable the transfer of SIS II data and the receiving of all status information; modifications of the current database to the IS DOTAZY (QUERIES) application will be made as to enable searching SIS II records (simple and advanced searches). In compliance with the Schengen acquis and national law a list of bodies to be authorised to directly search and copy records included in the Schengen Information System has been approved. I.7. ALIEN INFORMATION SYSTEM (AIS) In 2004 new application programmes for AIS, developed by ICZ a.s. (a.s. = joint stock company), were put into operation. On 19 October 2005 the 3 rd phase was completed. 24 separate jobs for maintaining data on foreign nationals in compliance with the Act on the Residence of Aliens in the Czech Republic form an integral part of AIS. 31 Currently AIS enables the use and maintenance of individual record files. Thanks to selected technology solutions AIS creates space for gathering information in a substantially wider scope and of a better quality. The system will be further developed by enhancing both its technological level and servers and by gradual adjustments of jobs with regard to the use of biometric features, legislative amendments and preparations for building the National Visa Information System. 30 For the sake of consultations and the exchange of information among Member States, the SIRENE network of offices has been established to integrate the representatives of all (as per internal regulations) authorised bodies. The offices are open non-stop, in all languages. Unofficially, English has become the neutral universal language. 31 The AIS information system consists of separate applications operated via the integrated database, which can be accessed by users throughout the whole Czech Republic within the scope of their authorisation 42

43 By putting the system into operation the demands of users from the ABPS, requiring better use of the existing functions of the system and their extension, increased, mainly in the context of the procedure of involvement of the Czech Republic into Schengen cooperation. There is also quite strong pressure to make AIS accessible to users from other authorised bodies. Presently 721 units of the ABPS are connected to the system and the system is used by 6,870 users. By building up AIS in its target form the Czech police and in particular the ABPS obtained an efficient tool for processing and providing a whole range of information for monitoring the development of alien migration and in the area of public order and internal security of the Czech Republic. I.8. EURODAC 32 The EURODAC electronic system was launched on 15 January The EURODAC CR system was put into routine operation on the day when the Czech Republic joined the European Union., i.e. on 1 May The central workplace of the EURODAC CR is located in the Institution of Criminal Sciences of the Police of the Czech Republic (Kriminalisticky ustav Praha) in Prague, while the server for communication with the European centre of EURODAC in Luxembourg is located in the rooms of the Information and Computer Technology Department of the Police Presidium. The EURODAC system is very beneficial for facilitating application of Council Regulation (EC) No. 343/ It is also fully used by the Dublin Unit 34 and units of the ABPS. I.9. INTERNATIONAL COOPERATION Bilateral Cooperation Bilateral cooperation in the field of asylum and migration continued in 2005 the trends commenced in previous years. On the one hand the Czech Republic reinforced existing cooperation with partner immigration and asylum authorities in the old as well as new EU Member States, and on the other hand the Asylum and migration Policy Department of the Ministry of the Interior of the Czech Republic aimed to enter into and intensify cooperation with other European countries. The importance of non-eu Member States lies, in particular, with the fact that they are located on migration routes leading towards the Czech Republic, and thus they play in the field of illegal migration the role of both source and transit countries. Non-European countries, including the Commonwealth of Independent States, are significant from the same point of view. The aim of bilateral contracts was, in the case of existing and successful cooperation, to solve actual problems arising or to discuss topics important for both sides. In the case of other countries, 32 The reason for the existence of the EURODAC system is that EU countries wish to effectively apply the Convention determining the state responsible for examining applications for asylum lodged in one of the Member States of the European Communities (referred to as the Dublin Convention). The whole system is based on the obligation to take the fingerprints of asylum seekers in the Member States and foreigners who cross the external border of the EU illegally; the fingerprints are stored in the Central Database for some time for further use. This database is located in Luxembourg. The fingerprints of persons are compared in the Central Database with recorded and stored data and the results of such comparisons are sent to the respective Member State. The results are an important piece of information for determining which country, according to the criteria provided for in the Dublin Convention, is responsible for the examination of a particular application for asylum. The party responsible for the EURODAC project in the Czech Republic is the Czech Police. AFIS, the existing fingerprinting system that also processes data in electronic form, will be used to facilitate the operation of the EURODAC CR system. 33 See Chapter I.2. LEGISLATIVE FRAMEWORK 34 See Chapter II.6. ASYLUM - II.6.4. Dublin Unit 43

44 efforts were aimed at entering into and reinforcing contacts. Bilateral Cooperation with EU Countries The Czech Republic operatively cooperates mainly with neighbouring states and is involved especially in exchanges of practical information or the solution of specific practical problems. For this purpose joint meetings with Austria, Slovakia and Germany were held in Negotiations with Austria dealt also in 2005 with the fact that this country, as well as the Czech Republic, is located, for certain groups of migrants, on the same migration route. The objective of such negotiations was to coordinate steps to be taken by these two countries in order to prevent this migration flow, to develop mutual cooperation, and to exchange information within the day-to-day activities of competent institutions. In 2005 four meetings of top managers of Dublin Units CR and Austria were held and in two cases such meetings were attended by directors of Asylum and Migration Policy Department of the Ministry of the Interior and the Federal Asylum Bureau of Austria. Similarly, operative cooperation was carried out with Germany. An informal meeting, initiated by the Federal Ministry of the Interior of Germany, was held in Berlin. It was attended by representatives of both Ministries of the Interior and focused on the exchange of experience acquired during negotiations concerning readmission agreements with Armenia, Georgia, and Azerbaijan. In addition to Czech and German representatives, the meeting was attended by representatives of the Ministries of the Interior of France, the Netherlands, Sweden, and Denmark. A working meeting between representatives of the Asylum and Migration Policy Department of the Ministry of the Interior of the Czech Republic (AMPD) and the German Federal Bureau for Migration and Refugees was held in Nuremberg in June. The subject of the meeting was, apart from other issues, developments in legislation and the topic of foreigner and refugee integration. Cooperation with Slovakia was successful in the area of national implementation of the European Fund for Refugees. In 2005 two reciprocal visits between the AMPD and the Slovak Migration Authority were held with the aim of introducing the system for drawing on the European Fund for Refugees and exchanging experience pertaining to this area. The Netherlands now ranks among those partners whose importance is increasing. In the course of 2005 joint meetings were held especially in the context of the Conference of General Directors of Immigration Service Centres (GDISC), where the Czech Republic along with the Netherlands prepared several projects (EAC, GDISC conference). With respect to the integration of the Czech Republic into the EU, the Asylum and Migration Department endeavours to intensively participate in forming European policy in the area of asylum and migration and at the same time to strengthen bilateral contacts between European countries. A positive aspect of such relations is mainly the reinforcement of operative cooperation in cases of common interests and the gathering of valuable experience to be used in national practice. One of the forms of this practical cooperation is bilateral meetings between directors of migration services concerned (in 2005 with Sweden, Austria, or Germany). In the framework of future cooperation AMPD received also invitations for bilateral meetings with France and Hungary. A further forum is represented by the activities of the Conference of General Directors of Immigration Service Centres, which the Czech Republic (GDISC) actively participates in. Bilateral Cooperation with Non-EU Countries As mentioned above, the importance of these countries lies mainly with their location situated on routes of illegal migration leading to the European Union, therefore also to the Czech Republic. The objective of international contact made by the Asylum and Migration Policy Department of the 44

45 Ministry of the Interior is, in particular, to engage in dialogue on illegal migration. This is a twodirection cooperation. Firstly, there is the possibility that these states could increase controls on the migration of third country nationals which flows across their territories - mainly by creating or strengthening their asylum systems, systems of effective protection of their borders, migration control, and so forth. Bilateral cooperation in this area was entered into for example with Moldova or Ukraine. For other forms of cooperation aimed at this direction (see Cooperation with International Organisations below). Reinforcing the capacity of migration management is also one of the aspects of the project of Czech development cooperation under the responsibility of the Ministry of the Interior. It was the focus of the project in Ukraine and Bosnia and Herzegovina. The second direction of cooperation with countries situated outside the enlarged European Union is to improve conditions in those countries, leading to the stabilisation of local inhabitants. The aim is, along with carrying out information campaigns on the risk of illegal migration, to decrease the number of illegal migrants flowing from those countries to the Czech Republic. Such cooperation took the form of international development cooperation in Ukraine, Moldova, Chechnya, Georgia, and Armenia. The Czech Republic was also involved in international development cooperation within which the Ministry of the Interior of the Czech Republic was a responsible entity for twelve projects in Ukraine, Georgia, Chechnya, Moldova, and Armenia. The Czech Republic welcomed the delegation of representatives of Ukrainian state administration within the project Promotion of Migration Management in Ukraine and within the same project three training courses were held in Ukraine. Two evaluation missions checked the implementation of projects in Ukraine and in Armenia. The first mission was organised in October 2005 to Yerevan (Armenia). The purpose of this trip was to monitor and control the implementation of the projects Prevention of Illegal Migration from Armenia to the Czech Republic (implemented by People in Need organisation) and Prevention of Irregular Migration from Armenia, in the form of training and creating new jobs (implemented by the International Organisation for Migration). The second mission was in November 2005, to Kiev and Charkov (Ukraine). The purpose of this trip was to monitor and check the implementation of the projects Prevention of Illegal Migration from Ukraine to the Czech Republic and Stabilisation of the Situation through the Promotion of Social Projects, and the Project Aimed at Youth Crime, but also involved job re-training courses and projects focused on supporting SMEs (implemented by the Czech Catholic Charity Association) and the project Support of Migration Management Development in Ukraine (implemented by International Organisation for Migration). Project MEDEVAC continued in 2005 as well. In 2005 six seriously ill Iraqi children were treated in the Czech Republic; a further six children arrived in December and their treatment continues in At the same time steps to prepare a further project in the areas of Pakistan destroyed by the earthquake there were taken. In connection with operative cooperation with neighbouring countries and within the GDISC platform, the first steps to implement a joint project of several countries in Ukraine were prepared. Cooperation with International Organisations International Centre for Migration Policy Development (ICMPD) The development of cooperation with the International Centre for Migration Policy Development was mainly based on the Budapest Process, within which the Centre performs the function of secretariat. Other areas which the ICMPD paid close attention to and in which the Czech Republic was involved during 2005 included visa and readmission policies, the policy of foreigner return, Source Country Information Systems, and trafficking in human beings. Representatives of 45

46 the Ministry of the Interior were part of the ICMPD Steering Group, i.e. the group carrying out the general management of this international organisation. Within the Budapest process which focuses on preventing and combating illegal migration in a pan-european context, the Czech Republic profiled itself especially by organising the 6 th meeting of the Working Group aimed at asylum and illegal migration which devoted its attention, in 2005, to the issues of statistical records. At the same time the Czech Republic participated in the project Redirection of Activities of the Budapest Process to the Countries of the Commonwealth of Independent States, financed by the European Commission. In May a regional conference was held in Almaty (Kazakhstan) within this project. The conference was prepared by the International Centre for Migration Policy Development which implements this project in cooperation with Kazakhstan authorities. The meeting focused on the migration situation in Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. The whole project was completed by the final conference held in Vienna, in June 2005, which analysed results achieved and options for further development. Findings obtained during the project will serve as orientation points in the issue of migration in the given region and these mainly help identify areas where countries of the CIS need the assistance of other states. On the basis of such information Member States can effectively develop relevant projects focused on the region of the CIS. The participation in this project of the Czech Republic, namely of the Asylum and Migration Policy Department, represented a very useful opportunity to enter into contact with countries in this region which have not yet been involved in adequate bilateral cooperation corresponding to their importance in terms of migration routes directing to the Czech Republic. UN High Commissioner for Refugees (UNHCR) In 2005 cooperation with the UN High Commissioner for Refugees was very intensive. In October 2005 the third colloquium organised by the Council of Europe in cooperation with the UN High Commissioner for Refugees on the European Convention on the Protection of Human Rights, Refugees, Asylum Seekers and Displaced Persons was held in Strasbourg. The colloquium aimed at reviewing basic elements of the first phase of the Common European Asylum System in the light of the European Convention on Human Rights, as well as standards of the Council of Europe and the UNHCR. The colloquium provided a new view of the jurisdiction of the European Court for Human Rights with regard to the application of legal instruments adopted during the first phase of creating the Common European Asylum System. In December the UN High Commissioner for Refugees organised in Ankara, Turkey, a seminar for Turkish state administration officers as well as staff of the non-governmental sector, based on the experiences of V4 countries with asylum and migration policy. A representative of the Asylum and Migration Policy Department of the Czech Ministry of the Interior made a presentation on the integration of refugees and participated in a follow up discussion with Turkish colleagues. In autumn one officer participated in the meeting of the Executive Committee of UNHCR held in Geneva. This meeting was beneficial mainly due to the change of position in summer 2005 of the UN High Commissioner for Refugees, who presented at this meeting a new strategy of the UNHCR. Relocation of Uzbekistan Refugees Cooperation with UNHCR In mid of May 2005 there were, in Andidzan, eastern Uzbekistan, riots lasting several days and demonstrations which were strongly suppressed by the police forces of Uzbekistan, and according to available information several people, included civilians, died. 46

47 During the riots several hundreds of people, mainly participants of the demonstration in Andidzan, escaped to neighbouring Kyrgyzstan. For such people (about 450 people including several tens of women and children) a refugee camp was established in the borderland with Kyrgyzstan with the assistance of the UN High Commissioner for Refugees. However, this camp did not meet the fundamental hygienic and security criteria of a refugee camp, its guards for example were not able to prevent members of the Uzbekistan security structures from accessing the camp. With regard to the fact the security criteria were not met even after the camp had been moved to inland of Kyrgyzstan, the international community, headed by UNHCR, decided to relocate Uzbekistani refugees to a third country. This was the reason why in July 2005 more than 400 people who were granted refugee status by UNHCR were, on the costs of the UN, transported to a refugee camp to Romania which became their temporary home until asylum was granted. The Czech Republic was requested by the UN High Commissioner for Refugees to assist and to take on some refugees from Romania. Among other states which were engaged in the programme for relocating Uzbekistani refugees were mainly the United States of America, Canada, Australia, Germany, and Finland. The Ministry of the Interior of the Czech Republic expressed its approval through its acceptance of fifteen Uzbekistani refugees in the Czech Republic. Such refugees (persons recognised as refugees by the UN High Commissioner for Refugees under the Geneva Convention on the Legal Status of Refugees of 1951) were, after their arrival in the Czech Republic, granted refugee status under the Czech legal framework. The Ministry of the Interior understands this step as a humanitarian action with the view to provide protection to people persecuted in the country of origin. International Organisation for Migration (IOM) The Czech Republic is a member of IOM and thus participated once a year in the general meeting of the IOM Council. At the same time it takes part in some seminars and conferences which IOM organises within its scope of competencies (a seminar concerning the expansion of capacities in migration management, a seminar on migration and development, a seminar on migration law, and an international conference on the integration of foreign nationals in Central Europe). As regards actual cooperation, the Czech Republic closely cooperates with IOM Prague in a number of joint projects (see above Bilateral Cooperation with Non-EU States.) Other spheres of cooperation with IOM include assisted voluntary returns of foreigners and unsuccessful asylum seekers in the Czech Republic to countries of origin, and active assistance in the process of providing such persons with valid travel documents and visas. Under the Contract of Mandate concluded between the Asylum and Migration Policy Department and IOM Prague a project supplementing the extension of the capacity of the International Organisation for Migration concerning the AVR Programme - Assisted Voluntary Returns of Unsuccessful Asylum Seekers in the Czech Republic and Assisted Returns of Foreign Nationals who Are Obliged to Leave the Czech Republic - was implemented in November and December The objective of the project was to increase the awareness of foreign nationals, especially those placed in foreigner detention centres, of the option of voluntary return to their countries of origin or to the country of their permanent residence and to increase the number of actually implemented returns of aliens. It was also the reason why IOM increased the number of personnel involved in the AVR programme and the staff more frequently visited individual detention centres. Moreover, a leaflet in the Mongolian and Vietnamese languages was drawn up and prepared for 47

48 printing. The project was implemented in detention centres in Balkova, Postorna, Bela-Jezova, Frydek Mistek, and Velke Prilepy. Further the Asylum and Migration Policy Department participated in final consultations conducted within the project Dialogue and Strengthening Technical Capacity Concerning Migration in the Region of Central Asia, the Russian Federation, Afghanistan, and Pakistan. One of the seminars was organised in Prague. Final consultations focused on development in the area of migration policy and activities in the region of Central Asia and information on relevant other activities in this region was obtained. Other Forms of Multilateral Cooperation Council of Europe Representatives of the Czech Republic are involved in individual committees of the Council of Europe dealing with immigration and refugee issues and the integration of migrants into societies; namely the following committees: Committee of Experts on the legal aspects of territorial asylum, refugees and stateless persons (CAHAR); European (Steering) Committee on Migration (CDMG). Meetings of the European Committee for Migration of the Council of Europe (CDMG), which are held twice a year, are attended by representatives of the majority of Council of Europe member states, international and inter-governmental organisations, international NGOs, and officers from the Secretariat of the Council of Europe. The Parliamentary Assembly of the Council of Europe is represented as well. The Czech Republic, represented by an officer from the Ministry of the Interior, regularly participates in such meetings. In 2005 CDMG had its meeting in Strasbourg (in April) and in Athens (in October). In 2005 the Council of Europe organised a number of meetings concerning the activities of CDMG as well as activities relating to the agenda of migration. They were, inter alia, as follows: 3 rd Summit of Heads of State and Government in Warsaw in May 2005; Round Table on the European Convention on the Legal Status of Working Migrants (Kiev, 2005); Meeting of experts on challenges and priorities in South East Europe (Skopje, May 2005); Seminar on Sustainable Development on the European Continent (Moscow, September 2005); Dialogue North-South - thematic workshop on financial development (Lisbon, October 2005); and First Euro-Asian Parliamentary Forum (Almaty, September 2005). There are several Working Groups functional within CDMG relating for example to: integration and relations between communities (integration of migrant children, access for migrants to employment); migration management (a country of emigration, association and development); legal status of migrants (legal position of students migrants, minimal rights of illegal migrants); and Roma, Sinti and Travellers. 48

49 Since 1979 CDMG has organised 50 meetings. The following areas rank among its priorities: integration and relations between communities; migration management; and the legal status of migrants. The integration of migrants in the society holds among these three priorities the most important position. Meetings of CDMG held in recent years have included also discussions of the Political Platform for Migration which was established under the decision of the Ministers adopted at the Helsinki Conference in So far five meetings have been held. In 2005 the programme included the topic of the image of migrants in the media. CDMG invited to the discussion representatives of African and Asian countries (Algeria, Bangladesh, China, India, Iran, Morocco, Pakistan, Philippines, and Syria). European Union Salzburg Group The Ministers of the Interior of the Czech Republic, Hungary, Poland, Austria, Slovakia, and Slovenia have cooperated within the Salzburg groups since the adoption of the Salzburg Declaration in Ministers of Bulgaria and Romania joined the group in 2005 as candidate countries of the European Union. This cooperation became a basis for close partnership of participating countries in activities relating to internal security and regional stability. The initial objective of the Salzburg Group was, through mutual cooperation and exchanges of experience, to facilitate the inclusion of candidate countries and new EU Member States into a single European area of freedom, security and justice, with priorities being police cooperation, border checks, illegal migration, and asylum. Activities of the Salzburg Group focus nowadays mainly on specific cooperation in the area of common regional issues in the context of membership of the Salzburg Group states in the European Union. The Salzburg Group is, according to the statement of the Commissioner for Justice and Home Affairs, Mr. Frattini, at the meeting of the Ministers of the Interior of the Salzburg Group States held in Gratz, Austria, in July 2005, an important forum for the exchange of opinions, ideas and experiences concerning the creation of the area of freedom, security and justice, i.e. tasks arising from the Hague Programme. A special emphasis is, in this context, placed on regional cooperation regarding asylum and migration, in particular on enhancing information exchanges and cooperation between public institutions concerned, the development of common strategies for combating illegal migration, trafficking in human beings and the exploitation of women and children, as well as on the harmonisation of relevant legal provisions of the European Union in relation to third countries. With regard to the domain of asylum, cooperation aims at harmonising standards for the admission of asylum seekers and procedural guarantees corresponding with the good practice of asylum proceedings in EU Member States. An Expert Working Group for information on countries of origin of asylum seekers operates within the Salzburg Group. Its first meeting was held in November 2005 in Warsaw. This meeting identified common priorities of participating states with regard to the countries of origin of asylum seekers arriving in the states of the Salzburg forum. The participants discussed also issues of closer regional cooperation in collecting information on the countries of origin in relation to the objectives set in this respect by the Hague Programme 49

50 Working Group of GDISC The Conference of General Directors of Immigration Service Centres (GDISC) was a platform for important cooperation with European states. The Czech Republic in April 2005 hosted, as one of the members of the Steering Group, the meeting of this Group. At the same time it participated in activities which were organised within GDISC (a Conference on Asylum in Nuremberg, a Conference on Subsidiary Systems of a Decision-Making Process, and the establishment of EAC) and, in particular it participated in the Annual Conference in London held in July Activities of GDISC were considerably strengthened in 2005 and the Czech Republic was actively involved. This was one of the reasons why it was decided that the next GDISC meeting would be held in Prague, in October Transition Facility In 2005 the Czech Republic and the Republic of Austria entered into an administrative agreement in compliance with Article 23 of the relevant Regulation in order to facilitate application of Council Regulation (EC) No. 343/2003. The agreement should come into effect in Future negotiations with Germany, Poland, Slovakia and Hungary on the possibility to conclude similar administrative agreements are planned. Since October 2005 the programme within Transition Facility 2004 has been carried out. Namely this is the project: Support of Strategic Development of the Dublin Unit. The Dublin Centre Unit and Swedish Migration Authority are involved in the project. Several seminars and a workshop have so far been organised within the project. Some officers from the Unit and a representative of the Directorate of Alien and Border Police Service visited a branch of the Swedish Migration Authority in Stockholm. The objective of the project is to promote activities of the Dublin Unit when applying Council Regulation (EC) No. 343/2003, to extend possibilities for the positive impact of application of the said regulation in the Czech Republic and to draw up a strategy for further development of the Dublin Unit of the Czech Republic. Other In 2005 a representative of the Ministry of the Interior participated, within the European Conference for Civil Aviation (ECAC), in the meeting of the Working Group for Facilitations held in Paris and Tallinn, and in the 2 nd meeting of the Expert Group for Immigration. The Ministry of the Interior is represented in the National Committee for Facilitations of the Czech Republic. The issue of facilitation (i.e. facilitation of procedures) in aviation is dealt with by the Ministry of Transport, however there are a lot of issues falling under the responsibility of the Ministry of the Interior. These are mainly thematic blocks concerning migration policy in the context of facilitation of aviation, for example the security of travel documents, the use of biometric features in aviation, matters concerning undesired and deported persons, and cooperation in combating illegal migration (in 2005 especially issues relating to the adoption of Council Directive 2004/82/EC of 29 April 2004 on the duty of carriers to provide information on passengers remained at the top of the agenda). Representatives of the ABPS attended the meetings of the International Conference of Directors of Border Police which are annually held in Siofok in Hungary, and their Working Groups dealing with the issue of border checks and the fight against illegal migration. The Directorate of the Alien and Border Police Service of the Czech police regularly processes migration data for information exchanges within V4 countries. 50

51 Migration data and information was exchanged at the international level under relevant documents of the EU, in particular for the needs of the working Group of the Council of Europe CIREFI and the Working Group RAC, which is now within the responsibility of the FRONTEX Agency (hereinafter referred to as the Agency ). The Agency, located in Warsaw, commenced its activities on 1 May 2005 under Council regulation EC No. 2007/2004 of 26 October 2004, however it became fully functional on 1 October 2005 when national experts started to work in its seat. The Agency was established in order to enhance the integrated management of the external borders of EU Member States. In 2005 representatives of the ABPS participated in four meetings of the Agency Management Board, whose members are the Director of the ABPS and the Deputy Director of the ABPS for international relations. International cooperation relating to the European Union, Schengen cooperation, negotiations of readmission agreements and development projects are described in full detail in the relevant Chapters herein. I.10. ACTIVE MIGRATION POLICY The pilot project Selection of Qualified Foreign Staff (herein after referred to as the pilot project ) which has been implemented in accordance with Government Resolutions No. 975 of 26 September 2001, No. 720 of 10 July 2002, No. 340 of 14 April 2004, and No. 394 of 6 April 2005, was launched on 28 July 2003 in its target countries, i.e. Bulgaria, Croatia, and Kazakhstan. On 1 October 2004 Belarus and Moldova were added to those target countries. Since 1 October the project has been open to foreign graduates of Czech higher education institutions, regardless of their country of origin, who graduated in the academic year 2003/2004 and later. On 1 July 2005 the graduation date was changed for this category of persons to the year 1995 and later. Since the same date the project has been open to foreign graduates of Czech secondary schools, irrespective of their country of origin, who finished their studies in 2000 and later, with the only exception being graduates who studied in the Czech Republic within the international development aid programmes. Since 1 July 2005 the number of target countries included in the project extended to Canada, Serbia and Montenegro. Government Resolution No. 394/2005 approved also the inclusion of Ukraine in the pilot project from 1 January The objective of this project is not only to fill gaps in the Czech labour market but especially to bring to the Czech Republic foreign experts who want to settle here with their families and who are capable of integrating permanently into Czech society. Therefore it is important that together with the participant of the project his/her family members may apply for permanent residence, which is granted within accelerated proceedings within a period of two and a half years 35. The condition upon which participants may be included in the selection procedure is, as well as being a citizen of one of the target countries or having graduated from a Czech university or college or accomplished Czech secondary education, a work permit and residence visa for over 90 days for the purpose of employment, or a long-term residency permit issued for the same purpose, and at least completion of secondary vocational education. The Ministry of Labour and Social Affairs made available since October 2004 the website which is used to link the supply of qualified foreign professionals from the target countries and the demand of Czech employers to fill jobs which they are not able to staff with Czech employees or people from other EU Member States. During the existence of this website the demand of those interested in entering the project has several times exceeded the 35 Under Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents, a foreign national who is a holder of a long-term residence permit may in the Czech Republic, effective from 24 January 2006, apply for a permanent residence permit after five year of continuous residence in the country (the previous period was 10 years) 51

52 number of jobs offered by Czech employers although the offered services are provided to both employers and users free of charge. The MLSA, with the view to improve the links between supply and demand and to increase the number of jobs offered suitable for foreign nationals from third countries, began in the mid of 2005 the gradual transfer of these web-sites to the integrated gateway of the MLSA. This process should be finished in April Despite the fact that supply and demand in the Czech labour market have been interconnected current functioning of the internet website has not, within the pilot project, brought about the expected results. However, this website in connection with the integrated gateway to the MLSA is an invaluable service for foreign nationals since it provides comprehensive information on conditions and options for employment in the Czech Republic. As of 31 December 2005 the option of personal delivery of applications for inclusion in the pilot project terminated and the online system was implemented. It will enable both capacity testing of the pilot project and will contribute to enhancing administrative work and the better collection of statistical data. This measure required the development of new internal databases of the pilot project as well as the creation of the online network application. These are complex technological procedures the improvement of which will continue in Government Resolution No. 394 /2005 changed the name of the pilot project, from which the word active was excluded; instead of six two-month decisive periods, twelve one-month periods were introduced, which means that a selection procedure will always be held at the end of each calendar month. The entry to the pilot project is still made on the basis of the points system. Since the launch of the pilot project in total 340 participants were included, as of 31 December 2005, who have started a two and a half years probationary period. Once they complete this they will be able to apply together with their family members for permanent residence in the Czech Republic. A main obstacle appears to be getting employment in the Czech Republic and lengthy administrative procedures for obtaining job permits and visas. After completion of the probationary period the Ministry of Labour and Social Affairs will assess the level of integration of project participants, within which the employers, municipal representatives or other institutions in the place of residence will be asked whether the participants have met project targets, i.e. whether or not they have managed to integrate to a large extent into Czech society. In the event of a positive evaluation the Ministry will recommend to the Alien and Border Police of the Czech Police that they grant permanent residence to the selected project participants using the accelerated procedure. I.11. ACTION PLAN ON COMBATING ILLEGAL MIGRATION To improve the situation in the area of illegal migration in the Czech Republic and to mitigate its negative impacts on a number of spheres of societal life is an objective of the Action Plan on Combating Illegal Migration which was approved by Czech Government Resolution No. 108 adopted in 2004, the integral part of which was the Schedule of Meeting the Plan of Measures for Combating Illegal Migration. The Ministry of the Interior submits to the Government, on an annual basis, information on meeting individual tasks of this schedule. The Government took note of the 2005 Information on Meeting Tasks of the Action Plan on Combating Illegal Migration by it Resolution No. 7 of 4 January In the original document the measures were divided into five basic areas: prevention, control and sanctions, legislation, inter-ministerial cooperation, and international cooperation. Parties responsible for fulfilling individual points of the Schedule are the following ministries: the Ministry 52

53 of the Interior, the Ministry of Labour and Social Affairs, the Ministry of Informatics, the Ministry of Industry and Trade, the Ministry of Finance, and the Ministry of Foreign Affairs. The Action Plan on Combating Illegal Migration coordinates the procedure of ministries concerned and creates an environment for their close cooperation, since assigned tasks closely relate to meeting further assignments of individual ministries also in areas other than just in the area of combating illegal migration. Results can be seen in all monitored areas. Mechanisms which do not require in terms of the fight against illegal migration further monitoring were created through the consistent application of current and the adoption of new legislative measures. These are cases where legal provisions and unification of practice at the regional level do not allow diverging procedures of inspection bodies and explicitly lay down sanctions for violations of legal regulations. Measures included in the legislative area as well as some measures pertaining to other areas have been met. Thus the 2006 Updated Schedule of Meeting the Plan of Measures for Combating Illegal Migration contains only four areas (prevention, control and sanctions, inter-ministerial cooperation, and international cooperation). In addition, tasks completed have been removed from the updated version of the Schedule and remaining measures have been newly renumbered. The Evaluation Report of the Ministry of Labour and Social Affairs, which was presented at the meeting of the Inter-Ministerial Body for Combating the Illegal Employment of Foreign Nationals in the Czech Republic, along with the evaluation of controls carried out with other involved bodies, showed that cooperation with Labour Offices, the Alien and Border Police, and Customs Offices and Trade Licensing Offices, is well appraised. Labour Offices especially positively evaluate joint inspections with the Alien and Border Police and Customs Offices. According to information provided by Trade Licensing Offices, the frequency of inspections of foreign natural persons holding trade licences under the Trade Licensing Act and the respective sanctions for breaching legal provisions can be justified and lead to gradual enhancement of awareness of their duties within business undertaking, i.e. the duties arising from the Trade Licensing Act and other legal provisions relating to entrepreneurship. Thus such inspections foster the respecting of legal regulations by foreign entrepreneurs. Implementation of tasks and checks by inspections bodies carried out on an ongoing basis and the mutual cooperation of such bodies contributes, inter alia, to a decrease in illegal migration across the national border and illegal migration in the form of violating residence rules. 36 It might be assumed that despite current statistical data the number of detected illegal migrants will not continue with the same pace. Illegal migration continues to remain a serious problem which, as is obvious from the experiences of other countries, will intensify after the Czech Republic s accession to the Schengen agreements Therefore in the upcoming period it is necessary to adhere to the outlined structure of tasks modified by alterations made due to practical experiences. It will be necessary to make use of respective reserves and to target the activities of responsible parties in order to achieve the best results. It is also necessary for individual responsible parties to meet assigned tasks arising from the Action Plan on Combating Illegal Migration, and they must pay continuous attention to them. 36 The situation in this area is described in full detail in Chapter III. ILLEGAL MIGRATION 53

54 FINAL SUMMARY OF THE CHAPTER In 2005 the Czech Republic, as a full member of the European Union, successfully and properly participated in solving issues concerning the area in the common interest of the European Union, i.e. the establishment of Community policies covering the whole range of areas. Although as of 1 May 2004 EU legal regulations in force were implemented in national law, the legislative process continued in the year reviewed. The Ministry of the Interior submitted two draft amendments to the Act on the Residence of Aliens. In the first case the legislative process was completed and the Act was published in the Collection of Laws under Act No. 428/2005 Coll. and came into force on 24 November The Act cited newly regulates especially the establishment and operation of special facilities and conditions of the residence of aliens detained for the purpose of administrative banishment who are placed for that purpose in detention centres. The objective of the implemented legislative amendments was to contribute to the overall humanisation of such centres. At the same time the Act concerned implemented Council Directive No 2003/86/EC of 22 September 2003 on the right to family reunification, laying down legal conditions for granting long-term residence permits in the Czech Republic to family members of a foreigner who resides in the country on the basis of a long-term or permanent residence permit or as an refugee. Council Decision No 2004/17/EC regulating the inclusion of the requirement to be in possession of travel medical insurance as a supporting document for the grant of a uniform Schengen visa was taken into account as well. The second draft amendment to the Act on the Residence of Aliens was approved by the Chamber of Deputies of the Parliament of the Czech Republic on 1 February The objective of this second amendment was in particular to transpose further newly adopted legal provisions of the European Communities. Thus the amendment includes Council Directive No.2003/109/EC of 25 November 2003 concerning the status of third country nationals who are long-term residents; Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the European Union and their family members to move and reside freely within the territory of the Member States; Council Directive 2004/81/EC of 29 April 2004 on residence permits issued to third country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration and who cooperate with the competent authorities, and Council Directive 2004/114/EC of 13 December 2004 on the conditions for admission of third country nationals for the purposes of studies, student exchange, unremunerated training or voluntary service. Draft amendments to other legal provisions which are integral parts of the above-mentioned draft amendments to the Act on the Residence of Aliens should also ensure transposition of EU/EC legal regulations to national law. These are for example amendments to the Act on Employment, the Act on the Register of Inhabitants and Birth Identification Numbers, the Trade Licensing Act, the Criminal Code, the Education Act, the Act on Higher Education Institutions, the Act on he Recognition of Professional Qualifications, and the Act on Administrative Fees and Charges. Towards the end of the year the Ministry of the Interior commenced work on an essential task for that Ministry, and which is a fundamental amendment to the legal provisions regulating the entry and residence of foreign nationals in the Czech Republic. The objective is to make the current provisions brief and concise thus making them clear both for foreigners and entities applying such legal provisions in routine practice. In 2005 the Act on Asylum saw further amendments and alterations. The first amendment came into effect on 4 February 2005 and was published in the Collection of Laws under Act No. 57/2055 Coll. This amendment has transposed two Directives of the European Communities, namely Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, and Directive 2003/86/EC of 22 September 2003 on the right to family reunification. Moreover, the amendment to the Act on Asylum reflects also Council Regulation 54

55 (EC) No. 343/2003. The objective of the second amendment published in the Collection of Laws under Act No. 350/2005 Coll., effective of 13 October 2005, was to amend the Act on Asylum with regard to requirements arising from its application, including legal requirements from courts The year 2005 saw preparations of further amendments to the Act on Asylum and other acts concerned. The need to further amend the Act on Asylum should be given in the context of the gradual adoption of crucial Community legal provisions pertaining to asylum in the European Union. The primary task pertaining to the legislative area remains the ongoing implementation of all EU documents relating to entry and residence of foreign nationals in EU Member States and to the issue of asylum within prescribed transposition periods. This means during the first half of 2006 to commence work on the transposition of Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (the time limit for its transposition is 12 October 2007 the latest) to the Act on the Residence of Aliens. It will be necessary to finish the legislative process relating to the amendment to the Act on Asylum which was submitted as a response to other EU directives issues, namely Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted ( the Qualification Directive ) the time limit for its transposition is 10 October 2006 at the latest. In the upcoming period it will be also necessary to transpose into the Act on Asylum Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status, within the prescribed period by 1 December 2007 at the latest. Another essential task in this area is to draw up and by the end of 2006 submit to the Government a draft legal intention of a new Act on the Residence of Aliens in the Czech Republic (assigned by Government Resolution No of 24 August 2005). Visa-related matters are governed in the Czech Republic, as in other EU Member States, by Council Regulation (EC) No. 539/2001 providing a list of third countries whose citizens must be in possession of visas when crossing the external borders and countries whose citizens are exempted from visa duty, as amended. The visa policy of the Czech Republic has been fully harmonised with the common list of third countries whose nationals must be in possession of the visa of a Member State in compliance with the above-mentioned Regulation. The visa policy of the Czech Republic was more or less also harmonised with the list of countries whose citizens are exempted from visa duty under the regulation cited, with the exceptions being Argentina and Singapore - however negotiations with these countries are being conducted. During the year 2005 inequality in visa policy with Brunei and the Federal Republic of Brazil was eliminated. Currently there are three countries with which the Czech Republic has not yet managed to ensure visa reciprocity - Australia, Canada, and the United States of America. In 2006 an asymmetric visa regime will have to be solved with some countries and it will be also necessary to continue national activities with the aim of simplifying the procedure of visa granting, and activities at the European level in relation to negotiating agreements on simplifying the procedure of visa issuance. Tasks concerning the granting of visas are, in compliance with EU standards, carried out through an electronic consultation system known as MVP/EVC, which connects all embassies and consulates of the Czech Republic which issue visas. 55

56 In the context of personal document development and information exchanges within police and judicial cooperation, the European Union intensively deals with using biometric features. During 2004 the Czech Republic also commenced preparations for introducing biometric identifiers in travel documents. To this end the Steering Group for Biometrics was established on 3 May As a follow up to this the Government of the Czech Republic approved by its Resolution No. 740 of 15 June 2005 the Action Plan of the Czech Republic for Implementing Council Regulation (EC) No. 2252/2004 on standards for security and biometric elements in passports and travel documents issued by Member States. The Visa Information System (VIS) represents enhancement of the common visa policy and consular cooperation when applying the common policy through exchanges of data on visas between EU Member States. VIS will be involved in ensuring total security of the Schengen area by means of the comprehensive control of persons who are, by having been granted a visa, permitted to enter this area. At the same time VIS will be, alongside the Schengen Information System, one of the tools for creating an area of freedom, security and justice. In compliance with the Commission s recommendation, project managers of the Schengen Information System (SIS) and Visa Information System (VIS) were appointed with the aim of better coordinating and solving tasks relating to the preparation of the Czech Republic s connection to the two central Union s systems, SIS and VIS, both at national and at international levels. Implementation and application of the Schengen acquis of category II requires the Czech Republic to satisfy all legal, organisational, practical, and technological prerequisites, in particular requirements concerning accession to the Schengen Information System and effective controls at external borders. Therefore the development of the Schengen Information System of the new generation, knows as SIS II, is, of course, one of the most important preconditions. Effective control and surveillance of external borders is for EU Member States of utmost importance regardless of their geographical location. In compliance with the above-mentioned it appears necessary to support solidarity between Member States in the area of external border management, since only single and good control and surveillance, which necessarily goes hand in hand with the free movement of persons within the European Union, is a fundamental part of the area of freedom, security and justice. The Czech Republic has been systematically preparing since 1998 for taking on the Schengen acquis. The Government of the Czech Republic is informed, on an ongoing basis, on the status of preparedness, through regular reports evaluating the current status of preparedness of the Czech Republic to take on the Schengen acquis in relation to external border controls, visa policy, police and judicial cooperation, the issue of narcotic and psychotropic substances, firearms and ammunition, the Schengen Information System, and the protection of personal data. In 2005 the Schengen Evaluation Czech Republic Working Group was established to coordinate work relating to preparation for accession to Schengen. Regular working meetings of individual responsible parties are held within this Working Group. Self-assessment was organised as preparation for genuine Schengen evaluating missions. On 10 May 2005 the Council of the EU adopted the schedule for Schengen evaluation of new Member States. The document describes in full detail the task specified in the Hague Programme to commence Schengen evaluation of the new Member States in the first half of The Czech Republic together with Hungary, Poland, Slovakia, and Slovenia declared that it would be prepared for the commencement of Schengen evaluations from 1 January Evaluations will be carried out in groups. The Czech Republic, along with Hungary and Slovenia, is in group No

57 Evaluations of the Czech Republic in 2006 will be held in four areas: air borders (i.e. international airports), visas, police cooperation, and the protection of personal data. The Czech Republic will not be evaluated in the area of inland and sea borders. In January 2006 the Czech Republic had a presentation in Brussels and after this substantive evaluations will be commenced. Only on the basis of successful completion of the evaluating procedures will it be possible to abolish border checks with neighbouring states and fully enjoy the benefits of free movement of persons within the Schengen area. From that date the Czech Republic will start also to issue single Schengen visas, enabling their holders movement throughout the Schengen area. Experts of the Czech Republic participate in negotiations of Working Groups of the Council of the EU, whose aim is to meet a strategic dimension for the definition of the financial outlook of the EU for the period of and further elaboration of the Framework Programme of Solidarity and Management of Migration Flows, which will aim to solve the issue of a fair sharing of responsibility between Member States within the gradual creation of the area of freedom, security and justice. The results should be the establishment of funds through which activities of Member States in the area of refugee issues, external borders, third country nationals and the return of third country nationals to their countries of origin will be co-financed. During the year reviewed the Czech Republic also participated in international meetings and negotiations concerning facilitations in aviation. These were mainly thematic blocks concerning migration policy in the context of facilitation of aviation, for example security of travel documents, the use of biometric features in aviation, matters concerning undesired and deported persons, and cooperation in combating illegal migration. Bilateral cooperation in the field of asylum and migration continued in 2005 the trends which commenced in previous years. On one hand the Czech Republic reinforced existing cooperation with partner immigration and asylum authorities in the old as well as new EU Member States, and on the other hand the Asylum and Migration Policy Department of the Ministry of the Interior of the Czech Republic aimed at entering into and intensifying cooperation with other European countries. The Ministry of the Interior of the Czech Republic developed cooperation with international organisations dealing with immigration and asylum matters, in particular with the International Centre for the Development of Migration Policies, the International Organisation for Migration, the Council of Europe, and the UN High Commissioner for Refugees. National activities of the Czech Republic in the field of migration consist of the project aimed at selecting qualified foreign workers and the plan for combating illegal migration. Whilst the goal of the former is to fulfil gaps in the Czech labour market and to attract foreign workers capable of contributing to economic development, the goal of the latter is to influence migration trends so that foreign nationals prefer legal migration. 57

58 II. Legal Migration: Legal Entry and Residence of Aliens in the Czech Republic II.1. TYPES OF RESIDENCE The following legal provisions currently regulate entry into and residence of foreign nationals in the Czech Republic. As a consequence of the Czech Republic s full integration into the European Union since 1 May 2004, Act No. 326/1999 Coll. on the Residence of Aliens in the Czech Republic and on the Amendment to Some Other Acts, as amended, divides foreign nationals, in terms of entry into and residence in the Czech Republic, and in compliance with the European Union s regulations, into two categories. The first category comprises EU nationals and nationals of other states which are parties to the Treaty on the European Economic Area (hereinafter referred to as EU nationals ). Upon certain conditions stipulated by law, family members of EU nationals enjoy a similar position with regard to the issuance of a special residence permit, even though they are not citizens of the aforementioned states. The second category consists of citizens of other states generally known as third countries. Whilst foreign nationals falling under the first category are entitled to free movement and residence which is laid down in the Treaty establishing the European Community, third country nationals are obliged to apply for a permit to enter and to reside in the country unless a bilateral agreement on the revocation of visa duty has been entered into with the home country of the foreign national concerned or if visa duty was abolished by a one-sided act of the Government of the Czech Republic. In all other cases third country nationals are obliged to always be in possession of a shortterm residence permit for up to three months in the Czech Republic. The range of states whose citizens are obliged to be, when crossing the Czech national border, in possession of a visa, as well as states for which visa duty was abolished, are specified within the single visa policy of the European Union. 37 Aliens falling under the first category are permitted to enter into and to reside in the Czech Republic for an indefinite period only on the basis of a travel document, which may also be, in this case, their identity card, without being obliged to apply for any type of residence permit. However, the Act stipulates a residence institute even for this category of foreign nationals a special residence certificate which is further divided into a permit for temporary residence and a permit for permanent residence. EU nationals do not have any duty to apply for any of the aforementioned types of residence, but it is their right to do so. A family member of an EU national, although he/she is not an EU national or a citizen of a state bound by the Treaty on the European Economic Area, may apply for the same type of residence if the same application was lodged by the EU national or if the EU national already resides in the Czech Republic on the basis of such permit. Aliens coming from third countries may enter the country for the purpose of short-term residence only on the basis of a valid passport furnished with a visa unless the visa duty in relation to the country concerned has been revoked. The period of short-term residence is specified for a maximum of three months. If the purpose of residence (for example employment, business undertaking or study) requires the presence of a foreign national in the country for a period longer 37 Council Regulation 2001/539/EC determines those third countries whose nationals must be in possession of visas when crossing the external borders of the Member States (referred to as the black list ) and the list of third countries whose nationals are exempted from visa duty (referred to as the white list ). 58

59 than three months, the foreign national must be in possession of a visa for over 90 days. If the purpose of residence exceeds a year a foreign national may apply for a long-term residence permit. This new residence category has replaced, effective of 1 May 2004, the former extension, for a residence exceeding one year, of a period of residence permitted on the basis of a visa for over 90 days. The category of permanent residence for third country nationals remained valid even after 1 May The only change was made for cases where foreign nationals apply for this type of residence for the purpose of living with a Czech national. Due to the fact that Czech nationals are, after the Czech Republic s accession to the European Union, EU nationals, applications for a permanent residence permit lodged by third country nationals are assessed under the provisions of Section 87e of Chapter IVa of Act No. 326/1999 Coll. Permanent residence acquired under the law, i.e. foreign nationals entrusted into the care of another person through a decision of a relevant court, remained unchanged even after the Czech Republic s accession to the European Union. Act No. 325/1999 Coll. on Asylum and on the Amendment to Act No. 283/1991 Coll. on the Police of the Czech Republic, as amended, (the Act on Asylum) is another legal standard regulating conditions under which an alien may enter and reside in the Czech Republic. The Act cited governs conditions under which an alien who showed an intention to request the Czech Republic for protection in the form of asylum may enter and reside in the Czech Republic. It also regulates refugee s residence in the country. An asylum seeker under this Act is a foreign national who has requested the Czech Republic for protection in the form of asylum. He/she is in the position of an asylum seeker for the period of administrative proceedings on the granting of asylum and for the period of judicial proceedings on an action lodged against the decision of the Ministry, by which the Ministry originally rejected the granting of asylum. A person whose asylum application has been accepted is a foreign national who has been granted asylum under the Act cited, for the period specified in the relevant decision. An institute that is more limited than the right to asylum, i.e. temporary protection plus other forms of subsidiary protection, make up a set of standards designed to deal with the problem of displaced persons. The provision of temporary protection is regulated by Act No. 221/2002 Coll. on Temporary Protection of Aliens. Council Directive 2001/55/EC 38 has been incorporated into the Czech legal framework through this Act. This legal regulation is independent from the Act on the Residence of Aliens and creates conditions for the consistent separation of the issue of displaced persons from general migration standards since, due to its nature, this issue is closer to asylum protection. Moreover, Directive 2001/55/EC itself lays down that temporary protection means a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin, immediate and temporary protection to such persons, in particular if there is also a risk that the asylum system will be unable to process this influx without an adverse effect on its efficient operation 39, in the interests of the persons concerned and other persons requesting protection. Under the new Directive, "displaced persons means third country nationals or stateless persons who have had to leave their country or region of origin, or have been evacuated, in particular in response to an appeal by international organisations, and who are unable to return to safe and durable conditions because of the situation prevailing in that country. The existence of a mass influx of displaced persons shall be established by a Council 38 The Council of the European Union approved on 20 July 2001 the above-mentioned Directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof. 39 The institute of temporary protection must be considered as an additional type of asylum. 59

60 Decision adopted by a qualified majority on a proposal made by the Commission, which shall also examine any request by a Member State that it submit a proposal to the Council, for example to extend temporary protection beyond the time limit stipulated in the decision. Temporary protection will be implemented in Member States by the Decision of the Council of the European Union 40 whereas an implementing phase will be based on the Council Directive cited. II.2. VISAS In 2005 the Czech Republic's embassies and consulates received, via MVP/EVC , 559,898 (i.e. + 35,957) visa applications, and granted or stamped 531,428 visas, which was 60,360 more visas than in The largest numbers of visas were, during the year monitored, issued by embassies and consulates in Moscow, Kiev, St Petersburg, Lvov and the Economic and Cultural Office in Taipei. Embassy/consulate Short-term visas Long-term visas Total visa applications Moscow 147,912 1, ,722 Kiev 55,567 2,131 61,592 St. Petersburg 39, ,671 Minsk 20,938 9,496 37,991 Taipei 26, ,847 The largest numbers of visa applications in 2005 were filed by citizens of Russia (the number of applications was 213,750; visas granted 211,318), Ukraine (the number of applications was 115,114; visas granted 101,976), Turkey (the number of applications was 33,512; visas granted 32,223), Taiwan (the number of applications was 29,832; visas granted 29,630) and Belarus (the number of applications was 24,422; visas granted 23,831). II.3. CROSS-BORDER TRAFFIC The police officers of the ABPS cleared at the border crossing points of the Czech Republic in both directions approximately 271 million persons, which was 8.5 million more than in the previous year (+3.2 %). The stated number included 199 million foreign nationals, i.e. 9 million more than in Persons cleaed (in millions) Cross-border Traffic at Czech Border Crossing Points (arrival and departure) osob na HP ČR z toho cizinci ; of these 1.6 million were foreigners who were subject to visa duty (+0.3 million, i.e %). 41 red = persons in total; green = of them foreign nationals In comparison with 2004 the number of cleared vehicles considerably increased at border crossing points, in particular trucks, which was predominantly a result of the abolishment of customs controls at border crossing points and no fees being collected on Czech motorways. In 2005 altogether 86.2 million 40 Legal conditions for granting temporary protection shall be laid down by the Council Decision without any necessity to govern this procedure by a Government Regulation or any other manner used within the Czech national framework (for example repeat discussions in Government in the case that temporary protection is extended). 41 Data in parentheses shows the difference between 2004 and

61 vehicles in both directions were cleared at Czech border crossing points (+6.3 million, i.e %), of which 11 million were trucks (+2.9 million, i.e %). The increase in the number of cleared vehicles, in particular trucks, adversely affected not only traffic in the Czech Republic and the conditions of Czech roads and motorways, but it bore also a security risk in terms of the possible transportation of illegal migrants across the Czech Republic. The ABPS devotes special attention to this issue, and security checks of selected vehicles are made with the assistance of police dogs. The number of cleared airplanes has grown considerably (169.5 thousand, i.e thousand, i.e %). One of the basic indicators monitored in the EU Member States in the context of illegal migration and the protection of national borders, is the number of persons who were rejected entry at the border crossing points of the respective state. 42 The number of foreigners who were denied entry to the Czech Republic by the ABPS at border crossing points for failing to meet the conditions stipulated by law has shown a downwards trend since The year 2004 saw a sharp decrease, repeated again in 2005 Cross-border Traffic - entry to the Czech Republic denied Such development is caused mainly by the Czech Republic s accession to the European Union, when the rules for crossing the national border changed not only for EU citizens but also for some third country nationals towards whom the Czech Republic adjusted, effective from 1 May 2004, conditions of their entry in compliance with the visa policy of the European Union. The methodology relating to monitoring this category of Number of persons (thousand) persons was also adjusted and only those who were denied entry or received a completed form on denial of entry are recorded. During 2005 police at border crossing points refused under Section 9 of Act No. 326/1999 Coll. to allow about 6,280 foreign nationals entry into the Czech Republic (-45,166, i.e %). The number of foreigners denied was primarily made up of citizens of Ukraine (761 persons), Russia (724 persons), Turkey (693 persons), Germany (499 persons), and Serbia and Montenegro (485 persons) II.4. ALIENS RESIDENCE IN THE CZECH REPUBLIC The conditions for the entry and residence of foreign nationals in the Czech Republic are regulated, as stipulated in the previous Chapter, by the Act on the Residence of Aliens. In order to help foreigners to understand the said Act, the ABPS set up a telephone line on 1 June 2005 and an internet information link which foreign nationals can use when they have question relating to the given legal regulation EU Member States are obliged to collect such data and to distinguish the nationalities of persons and national border sections, and to send this, on a monthly basis, to Brussels for the requirements of CIREFI (Centre for the Analysis and Exchange of Information on Immigration) to be able to monitor illegal migration in Europe or ; address: infoscpp@mvcr.cz 61

62 The area relating to residence permits has increased its importance since 2000 when Act No. 326/1999 Coll. came into force, and in comparison with 1999 a considerable decrease (by about 28,000 persons) was reported. Steadily growing numbers of residence permits issued demonstrate the increased interest of foreign nationals in residing in the Czech Republic. However, with the increased interest of foreign nationals to live in the Czech Republic, some persons attempted to avoid the Act cited or to cheat relevant authorities. The particular manifestations of such efforts were different and specific patterns relating to certain nationalities can be derived. For example citizens of Ukraine breach Section 103 (d) of the Act on the Residence of Aliens when foreigners and paying large financial amounts they use brokers, who, instead of them, at the embassies and consulates of the Czech Republic abroad deal with their further residence in the Czech Republic while the foreigner concerned continues residing in the Czech Republic without relevant travel documents, i.e. in many cases illegally. When they are asked about the date of their entry to the Czech Republic they usually answer that the immigration police officer did not accommodate their passport with the respective stamp and as evidence they submit a bus/train/air ticket they had obtained beforehand. This problem could be solved by a strict requirement that the relevant foreigner is personally present when he/she is granted a visa, and by the consistent control by embassies and consulates of passports, especially of stamps given at border crossing points. The use of fake marriages is especially frequent among citizens of Vietnam. Similar problems occur in the case of granting residence permits to minor as well as major children who are without means of subsistence, and are the children of foreigners who resided in the Czech Republic under residence permits. Foreigners (mainly citizens of Vietnam) are able to ensure legal residence for the purpose of family reunification for their countrymen when they submit forged birth and other documents, stating that a respective person is younger than 18 years, and so forth. With regard to the citizens of Vietnam the situation is especially complicated by the fact that birth registration documents are, under Article 13 of the valid Agreement between the Czechoslovak Socialist Republic and the Vietnamese Socialist Republic on Legal Assistance Concerning Civil and Criminal Matters, recognised without specific verification. Individual verification of documents is lengthy and not always successful. The embassy of Vietnam in the Czech Republic has ranked for a long period of time among those with whom cooperation is difficult and it often does not react to requirements for the verification of identity or issuance of supplementary travel documents. A steady problem demonstrating a growing trend during the last year is the submission of forged documents when applying for residence permits or for their extension in the Czech Republic (forged document concerning health insurance, confirmation of tax authorities, decisions of Labour Offices and so on). After the enlargement of the European Union, the issue of fictitious marriages of third country nationals with EU citizens, mainly citizens of the Czech Republic, has become more significant. The aim of such marriages is to obtain permanent residence permits. As a consequence, this phenomenon represents a serious breach of public order since, under certain conditions, foreigners who have got into to the country illegally, can legalise their residence by marriage with a citizen of the Czech Republic. Although the Act provides the option to reject an application for residence permit if it is proven that such marriage was fake, to bring the evidence is very difficult. Authorisation of the police for more thorough review of fake marriages is included in the amendment to Act No. 326/1999 Coll., which is undergoing the legislative process now and should come into force in the first half of In the case of EU citizens who are applicants for residence permits, there is the problem of registration of an address in the Czech Republic. Citizens of EU Member States are not obliged to 62

63 submit a confirmation of accommodation and they often report the place of their residence without any approval or knowledge of the landlord (authorised persons). This procedure had a negative response especially in the case where real estate is municipality property. The aforementioned amendment to Act also deals with this issue. II.4.1. Foreign Nationals Having Czech Residence Permits The development in the number of foreign nationals who were in possession of residence permits in the Czech Republic, especially those with long-term residence permits, always reacted to significant legislative amendments pertaining to the area of entry and residence permits of aliens in the Czech Republic. Thus, for example, the number of foreigners holding long-term residence permits (or visas for over 90 days) temporarily dropped in the context of the application of the new Act on the Residence of Aliens effective from 1 January The same applies to the period after 1 May 2004 when the Czech Republic became an EU Member State and residence permits were divided in according to the nationality of foreign nationals i.e. EU citizens and third country nationals. The main reasons why foreigners from the majority of EU member States applied for temporary residence permits in the Czech Republic more than in the previous year, and why the number of foreign nationals in possession of temporary residence permits has increased, must be seen, inter alia, in matters related to employment, accommodation, and the Czech authorities. On the other hand, the number of foreigners who are holders of permanent residence permits saw in the second half of 2004 a considerable growth, which continued also in The described development was influenced by the simpler procedure for obtaining a permanent residence permit for EU citizens and by the fact that more and more third country nationals satisfy the condition of 10 year continuous residence in the Czech Republic as holders of long-term residency permits. (Figure below: green = permanent residence; violet = long-term residence) As was stated above, as a Aliens Having Residence Permits in the Czech Republic consequence of the application as of 31 December of Council Directive 2003/109/EC, in the forthcoming year a growth in the number of those interested in getting permanent residence permits in the Czech Republic might be expected, and the number of third country nationals in possession of long-term residency permits will rise, trvalý pobyt dlouhodobý pobyt because they will use the option to apply for long-term residency for the purpose of family reunification in the Czech Republic. As of 31 December 2005 the Directorate of the Alien and Border Police Service of the Czech Police registered 278,312 foreign nationals (+24,018 persons, i.e.+9.5%) holding Czech residence permits 44 in the Czech Republic; of this number 110,598 aliens were in possession of permanent 44 For statistical purposes, long-term residence is considered to be: a) residence upon a visa for over 90 days; b) the temporary residence of Slovak nationals under international agreement, who were upon their application issued confirmation of their temporary residence (until 30 April 2004); c) residence upon a long-term residence permit; 63

64 residence permits ( persons, i.e %) and 167,714 foreigners had long-term residence permits (+12,887 persons, i.e %). As of 31 December 2005, EU citizens formed almost one third of the total number of foreign nationals having residence permits (87,652 persons, i.e %). 45 The proportion of both categories of permitted residence was, contrary to third country nationals, in balance. 42,500 EU citizens were recorded in the category of persons in possession of permanent residence permits, which accounted for 38.4 % of the total number of foreigners, and 45,152 were registered as holders of temporary residency permits (26.9 % of the total number of foreigners living in the Czech Republic on the basis of long-term residency permits). With respect to individual nationalities in terms of long-term development, after 1 May 2004 a change to the first two places occurred. Citizens of Ukraine surpassed in number the citizens of Slovakia, who had previously occupied first place in the statistical records of foreign nationals holding residence permits in the Czech Republic, because after the Czech Republic s accession to the EU they became no longer under the duty to apply for residence permits or confirmation on temporary residence. Citizens of Ukraine, as stated above, were the most numerous group of citizens possessing a residence permit in the Czech Republic (87,789 persons, +9,526 persons, i.e %). The stated number was the highest since the establishment of the independent Czech Republic and accounted for 31.5 % of the total number of foreign nationals permitted residence in the Czech Republic. Citizens of Ukraine especially have long-term residence permits (82.5 % of the total number of citizens of Ukraine in possession of residence permits in the Czech Republic). In this category they represented by far the largest group of foreigners, participating in the total number of foreign nationals having long-term residency permits by 44 % (72,455 persons, +7,454 persons, i.e %). Citizens of Ukraine occupied third place among foreigners who were holders of permanent residence permits (15,334 persons, +2,072 persons, i.e %). More than a half of Ukrainian nationals in possession of long-term residence permits were registered within the territory under the jurisdiction of the ABPS TD of Prague (38,304 persons, Moldova i.e %), followed by the ABPS TD 1.6% of Brno (10,810 persons, i.e %), and the ABPS TD of Usti nad Labem Bularia 1.6% (7,404 persons, i.e %). This division corresponds with distribution within the Germany administrative regions. The most citizens 2.6% of Ukraine with residence permits were recorded in Prague (27,865 persons, i.e %), in the Central Bohemian Region (10,439 persons, i.e %) in the South Moravian Region (8,553 persons, i.e %). Aliens Holding Czech Residence Permits as of 31 December 2004 USA China 1.4% 1.3% Russia 5.8% Poland 6.4% Other 16.6% Ukjraine 31.5% Slovakia 18% Vietnam 13.2% 100% = 278, 312 persons As for the category of permanent residence, most Ukrainian nationals were registered in the d) residence upon a temporary residence permit of an EU national and his/her family members, provided that the EU national applied for such a permit. 45 Application of the right of EU citizens to freedom of movement and residence affects statistical records. Statistical surveys record only those EU citizens who applied for or who were issued with special residence permits, however those who enjoy their above-mentioned right are not included in statistical data. This is the reason why the number of EU citizens residing in the Czech Republic is higher that the number reflected in statistical registers. 64

65 territory administered by the ABPS TD of Prague (5,048 persons, i.e %), followed by the ABPS TD of Usti nad Labem (2,513 persons, i.e %) and the ABPS TD of Pilsen (2,078 persons, i.e %). According to the administrative structure of the Czech Republic the largest groups of citizens of Ukraine holding permanent residence permits were reported in Prague (2,857 persons, i.e %), in the Central Bohemian Region (2,191 persons, i.e %) and in the Usti Region (1,643 persons, i.e %). The second largest group, which accounts for 17.8 %, was represented by citizens of the Slovak Republic (49,445 persons, persons, i.e %). These foreign nationals showed a relatively balanced number of persons in both categories of residence permits. A growth was reported only in the case of permanent residence permits (20,227 persons, +3,251 persons, i.e %). The number of citizens of Slovakia who resided in the Czech Republic as temporary residents 46 continued to fall compared to 2004 (29,218 persons, -1,158 persons, i.e %). With regard to the category of long-term residence permits (this means a temporal residence in the case of Slovak nationals) it was the ABPS TD of Prague which recorded the highest number of Slovak citizens as of 31 December 2005 (15,138 persons, i.e %), followed by the ABPS TD of Ostrava (3,948 persons, i.e %) and the ABPS TD of Brno (3 487 persons, i.e %). According to the administrative structure of the Czech Republic the largest numbers of Slovak citizens in this category were reported from Prague (10,039 persons, i.e %), the Central Bohemian Region (5,093 persons, i.e %) and the Moravian-Silesian Region (2,729 persons, i.e. 9.3 %). As of the same date most citizens of Slovakia in possession of permanent residence permits were recorded in the territory administered by the ABPS TD of Prague (6,840 persons, i.e %), the ABPS TD of Ostrava (3,868 persons, i.e %), and the ABPS TD of Brno (3 474 persons, i.e %). According to the administrative structure of the Czech Republic the sequence at the first places was as follows: Prague (4,216 persons, i.e %), the Moravian-Silesian Region (2,787 persons, i.e %) and the Central Bohemian region (2,624 persons, i.e %). The number of citizens of Vietnam with residence permits in the Czech Republic has increased steadily (36,832 persons, +2,653 persons, i.e %). Vietnamese nationals in the Czech Republic are a traditional community with its roots in the era of the Czechoslovak Socialist Republic. This is probably the main reason why among these nationals the number of persons with a permanent residence permits prevails (23,235 persons, i.e % of the total number of citizens of Vietnam). In 2005 this category showed more considerable growth than in previous years (+2,546 persons, i.e %), which is, apart from a natural increase, affected by the fact that more and more Vietnamese nationals, who arrived in the Czech Republic in the 1990s, satisfy the condition of a continuous ten-year residence in the Czech Republic on the basis of long-term residency permits. As of 31 December 2005 in total 13,597 citizens of Vietnam in possession of long-term residence permits were recorded in the Czech Republic (+107 persons, i.e %). 46 The issue of temporary residence, i.e. long-term residence permits, of citizens of Slovakia was regulated until 30 April 2004 differently from that applying to other nationalities, since it was regulated by an international agreement. Slovak citizens were not obliged to apply for temporary residence at the relevant Czech authorities. The bodies of the Czech Alien and Border Police provided Slovak citizens, at their request, with temporary residence certificates (Czech Government Regulation No. 77/2000 of 8 March 2000 on issuing temporary residence certificates to citizens of the Slovak Republic). The certificates were only issued to meet the persons' private needs (for example if requested by a school, a bank, Slovak authorities to avoid double taxation, or if the person intended to apply for Czech citizenship in the future, and so forth). Note: The Alien Police records this temporary residence of Slovak nationals in statistics under the heading residence on a visa for over 90 days. 65

66 Vietnamese nationals are involved in the Czech Republic in trading, especially in selling on market stalls, and as owners of restaurants, thus they are concentrated especially near the border with Germany and in Prague which is typical for both categories of residence. Most citizens of Vietnam possessing long-term residency permits were registered in the territory under the jurisdiction of the ABPS TD of Pilsen (4,034 persons, i.e %), the ABPS TD of Prague (3,215 persons, i.e %) and the ABPS TD of Usti nad Labem (2,713 persons, i.e %). According to the administrative structure of the Czech Republic the majority of Vietnamese nationals holding long term residency permits were reported in the Karlovy Vary Region (2,504 persons, i.e %), the Usti Region (2,119 persons, i.e %) and in Prague (1,992 persons, i.e %). With regard to the category of permanent residence, most citizens of Vietnam were recorded in the territory administered by the ABPS TD of Pilsen (7,000 persons, i.e %), where they formed almost a half of all foreigners possessing a permanent residence permits. This territory was followed by the ABPS TD of Usti nad Labem (4,785 persons, i.e %) and the ABPS TD of Prague (4.633 persons, i.e %). According to the administrative structure of the Czech Republic the largest numbers of Vietnamese nationals in possession of permanent residence permits were registered in the Karlovy Vary Region (5,232 persons, i.e %), the Usti Region (4,060 persons, i.e %) and in Prague (3,002 persons, i.e %). As for other places the ranking was relatively standard. The aforementioned nationalities were followed by citizens of Poland (17,810 persons, +1,545 persons, i.e %), Russia (16,269 persons, +1,526 persons, %) and Germany (7,187 persons; +1,415 persons, i.e %), who saw the most considerable year-to-year percentage growth among the first fifteen most numerous groups. It is quite interesting that citizens of countries who occupied the first five positions in the statistical records of permitted residence formed three quarters of the total number of foreign nationals in possession of residence permits in the Czech Republic as of 31 December In comparison with 2004, citizens of Mongolia were among the first most numerous groups and showed a quite substantial year-to-year percentage increase (2,435 persons; +383 persons, i.e %). The growth was seen, in comparison with 2004, both in the category of persons holding long-term residence permits which considerably prevails (2,126 persons, +332 persons, i.e %), and in the category of persons in possession of permanent residency permits (309 persons, +51 persons, i.e %). Citizens of Mongolia are concentrated predominantly in the south of Moravia. This is quite a traditional phenomenon as their community is formed in the Czech Republic especially around people who work in the shoe manufacturing industry. However, according to the findings of the ABPS, Mongolian persons holding residence permits help their compatriots in illegally crossing the national border of the Czech Republic to Austria, and this has been recently more frequent than in previous years. Therefore relevant units of ABPS pay increased attention, in the Czech Republic, to the migration of Mongolian nationals. As of 31 December 2005 citizens of Mongolia who were holders of long-term residency permits were registered mainly in the territory administered by the ABPS TD of Brno (1,005 persons, i.e %), where they were the fourth most numerous group of foreigners. This territory was followed at a considerable distance by the territories of the ABPS TD of Hradec Kralove (320 persons, i.e %) and the ABPS TD of Prague (279 persons, i.e %). According to the administrative structure of the Czech Republic most citizens of Mongolia who were holders of longterm residence permits were registered in the South Moravian Region (475 persons, i.e %), the Vysocina Region (426 persons, i.e %), and the Olomouc Region (223 persons, i.e %). Most Mongolians residing in the Czech Republic on the basis of permanent residence permits 66

67 were also recorded in the territory under the jurisdiction of the ABPS TD of Brno (157 persons, i.e %), followed by the ABPS TD of Prague (71 persons, i.e %) and the ABPS TD of Usti nad Labem (30 persons, i.e. 9.7 %). According to the administrative structure of the Czech Republic, the highest numbers of citizens of Mongolia possessing permanent residence permits were registered in the Zlin Region (65 persons, i.e %), the South Moravian Region (56 persons, i.e %), and in Prague (47 persons, i.e %). Representation of nationalities in individual categories of permitted residence differs slightly. The differences in composition of nationalities are obvious when individual territories of ABPS TDs or administrative regions are compared. In general, as regards both long-term residence or permanent residence permits, the first three positions are not occupied by nationalities other than citizens of Ukraine, Slovakia, and Poland, which applies to almost all ABPS TDs. The only exception is the ABPS TD of Prague in the category of long-term residence permits, where the third most numerous group was composed of citizens of Russia. A higher concentration of aliens holding a residence permit in the Czech Republic is usually obvious in regions with larger cities where there are better opportunities for employment and business undertaking, as well as quite large anonymity, or in the borderlands, mainly near the border with Germany and Austria where they do business with foreign customers in shops and restaurants. Aliens in POSSESSION OF Residence Permitsin the Czech Rep as of 31 Dc 2005 (administration structure) 278,312 aliens = 100 % Aliens in POSSESSION OF Residence Permitsin the Czech Rep as of 31 Dc 2005 (according to TDs) 278,312 aliens = 100 % Olomoucký 3% Jihočeský 4% Královéhradecký 4% Liberecký 4% Pardubický 2% Vysočina Zlínský 2% 2% Neurčen 0% Hl. m. Praha 32% Hradec Králové 7% Ostrava 10% České Budějovice 4% Neurčeno 0% Plzeňský 5% Karlovarský 5% Moravskoslezský 7% Ústecký 8% Jihomoravský 9% Středočeský 13% Plzeň 10% Ústí nad Labem 12% Brno 12% Praha 45% All ABPS TDs reported as of 31 December 2005 year-on-year increases in the number of foreign nationals in possession of residence permits. Traditionally the highest numbers of foreign nationals were registered in the territory administered by the ABPS TD of Prague (125,207 persons, i.e. 45 % of the total number of foreigners; +17,355 persons, i.e %). This ABPS TD reported also the highest percentage growth. According to the total numbers of aliens, Prague was followed by the ABPS TD of Brno (33,905 persons, +222 persons, i.e %) and the ABPS TD of Ostrava (26,849 persons, persons, i.e %), however the ABPS TD of Hradec Kralove (20,390 persons, persons, i.e %) and ABPS TD of Usti nad Labem (32,362 persons, +3,393 persons, i.e %) reported a higher year-on-year increase. In terms of the administrative structure of the Czech Republic, as of 31 December 2005 roughly one third of foreign nationals in possession of residence permits was registered in the capital city of Prague (89,911 persons, i.e %), followed by the Central Bohemian Region (35,296 persons, i.e %) and the South Moravian Region (24,220 persons, i.e. 8.7 %). 67

68 With the exception of the Karlovy Vary and Zlin Regions, all other self-governing units reported a year-on-year increase with the highest being in Prague (89,911 persons, +13,147 persons, i.e %), in the Hradec Kralove Region (11,291 persons, +1,442 persons, i.e %) and the Central Bohemian Region (35,296 persons, +4,208 persons, i.e %). In terms of individual DAPs which are located in former district towns of the Czech Republic, most foreign nationals in possession of residence permits were registered in the territory administered by DAP Brno, where the number of foreigners having residence permits remained almost the same (12,362 persons, +88 persons, i.e %). The number of persons recorded by DAP Ostrava slightly increased and the territory reported the second highest number of foreign nationals, (7,339 persons, +256 persons, i.e %), followed by DAP Karlovy Vary, where the number of foreigners decreased on a year-to-year basis (7,180 persons, -377 persons, i.e %), and DAP Karvina reported a certain growth (6,792 persons, +711 persons, i.e %). The largest year-to-year percentage increase was in 2005 seen in the territory administered by DAP Pardubice (2,311 persons, +567 persons, i.e %). II.4.2. Temporary Residence with Long-Term Visas and Temporary Residence of EU Nationals As of 31 December 2005 the Directorate of the Alien and Border Police Service of the Czech Police registered 167,714 ( persons, i.e %) foreigners staying in the Czech Republic on the basis of a long-term residence permit. The prevailing purpose of stay for the category of foreigners staying in the Czech Republic with long-term residence permits was employment, business undertaking, and family reunification. Bulgria 1.3% Moldova 2.4% Aliens Holding Long-Term Residence Permits in the Czech Republic as of 31 December2005 Mongolia 1.3% Polan 3.8% Russia 6.1% China 1.3% Vietnam 8.1% Others 13.1% 100 % = 167,714 pesons Germany 2% Ukraine 43.2% Slovakia 17.4% 68 The most numerous nationalities within this group were citizens of Ukraine (72,455 persons, +7,454 persons, i.e %) and citizens of the Slovak Republic (29,218 persons, persons, i.e %). while citizens of Ukraine reported as of 31 December 2005 the highest year-to-year increase in absolute numbers, on the other hand citizens of Slovakia demonstrated the largest negative difference. The following places in the statistics were occupied by citizens of Vietnam ( persons, +107 persons, +0.8 %), Russia (10,261 persons, persons, i.e %), and at a far distance citizens of Poland (6,426 persons, +1,672 persons, i.e %). The highest number of foreign nationals in possession of long-term residence permits were reported by the ABPS TD of Prague (87,966 persons, i.e %), followed by the ABPS TD of Brno (20,221 persons, i.e %) and the ABPS TD of Usti nad Labem (15,819 persons, i.e. 9.4 %). In accordance with the administrative structure of the Czech Republic the most citizens possessing long-term residence permits (64,497 persons, i.e % of the republic-wide number) were, as of 31 December 2005, registered in the capital city of Prague, followed, at a considerable distance, by Central Bohemian Region (23,469 persons, i.e % of the republic-wide number) and the south Moravian Region (14,991 persons, i.e. 8.9 % of the republic-wide number).

69 Altogether 40,269 applications for visas for over 90 days of stay were received during 2005, of which 37,781 (i.e %) were lodged at embassies and consulates of the Czech Republic and 2,488 directly in the Czech Republic. Of this number, 34,243 applications for visas for over 90 days of stay were processed. 28,036 applications, i.e % of the applications were accepted and 6,207 applications, i.e % were rejected. Further, officers of DAP received 49,108 applications for long-term residence permits and 49,171 aliens were issued with long-term residence permits. 305 applications for a long-term residence permit were rejected. In the given year long-term residence permits were extended for 55,452 aliens, while in 1,614 cases long-term residence permits were cancelled. Pursuant to Section 33 of the Act on the Residence of Aliens, police authorities issued 571 visas for tolerated stays of over 90 days in the Czech Republic, and positive decisions were taken in the case of 195 applications for extension of the validity of this type of visa. In addition, 16 longterm permits for tolerated stay in the Czech Republic were issued. In 2005 EU nationals (and their family members) filed 20,825 applications for temporary residence permits (Section 87a of Act No.326/1999 Coll.). Units of the ABPS processed 20,507 applications, of which 20,346 temporary residence permits were issued to EU nationals and their family members (99.2 % of the number of processed applications), while 161 applications were rejected. II.4.3. Permanent Residence By the end of 2005, the Directorate of the Alien and Border Police Service of the Czech Police registered 110,598 (+11,131 persons, i.e %) foreigners holding permanent residence permits. More than one third of those persons were citizens of EU Member States (42,500 persons, i.e %). The prevailing reason for permitting permanent residence in the Czech Republic has been for a long time family reunification. Foreigners Permanently Residing in the Czech Republic as of 31 December 2005 Romania 1.8% USA 1.9% Serbia and Montnegro 2% Bulgaria 2.1% Other 19.7% Germany 3.6% Russia 5.4% 100 % = 110,598 persons Poland 10.3% Ukraine 13.9% Vietnam 21% 69 Slovakia 18.3% The biggest group in the category of foreigners having a permanent residence permit in the Czech Republic was for several subsequent years that of citizens of Vietnam (23,235 persons, +2,546 persons, i.e %). The foreign nationals with the biggest year-on-year increase were citizens of Slovakia (20,227 persons, persons, i.e %), who were at the same time the most numerous nationality. The third largest group was represented by citizens Ukraine (15,334 persons, +2,072 persons, i.e %). A year-on-year decline in this category was reported among citizens of Poland (11,384 persons, -127 persons, i.e %), followed at a considerable distance by Russian nationals (6,008 persons, +416 persons, i.e. +7.4%). Most foreigners residing in the Czech Republic under permanent residence permits were registered in the territory administered by the ABPS TD of Prague (37,241 persons, i.e %), the

70 ABPS TD of Usti nad Labem (16,543 persons, i.e %), and Ostrava (14,927 persons, i.e %). In accordance with the administrative structure of the Czech Republic, most citizens were recorded in the capital city of Prague (25,414 persons, i.e %), followed by the Central Bohemian Region (11,827 persons, i.e %) and the Usti Region (11,728 persons, i.e %). In total 8,917 applications for permanent residence were received during 2005, of which 1,607 were received at embassies and consulates of the Czech Republic and 7,310 directly in the Czech Republic. The number of permanent residence applications processed was 6,560 of which 6,109 applications, i.e %, were accepted, whilst 451 applications, i.e. 6.9 %, were rejected. At the same time 3,824 applications for the extension of residence permit cards were accepted in Altogether 169 residence permits were invalidated and 4,932 expired. In 2005 EU nationals (and their family members) filed 7,609 applications for permanent residence permits. EU nationals were issued with 3,687 permanent residence permits and 5,059 permanent residence permits were issued to their family members (in 3,885 cases the family members were mainly members of Czech citizens and in 1,174 cases they were family members of EU nationals). 245 applications were rejected. II.4.4. Migration and Settlement of Roma Community Members from the Slovak Republic to the Czech Republic Government Resolution No concerning the Report on an Analysis of the Current Immigration and Settlement of Roma Community Members from Slovakia in the Czech Republic (part II./3a) assigned the Ministry of the Interior with the task of creating, by 30 June 2004 at the latest, an early warning system to be used in the situation of a sudden increase in the number of immigrants who are members of Roma communities from the Slovak Republic to the Czech Republic and in the framework of the system to monitor the localities of Eastern Slovakia with high levels of immigration to the Czech Republic. On 13 July 2004 the Ministry of the Interior submitted to the Government of the Czech Republic Information on Establishing the Early Warning System for the Situation of an Unexpected Increase in the Number of Migrating Roma Community Members from Slovakia to the Czech Republic (a document for the information of the members of the Government). Czech Government Resolution No. 400 of 6 April 2005 relating to the Report on Evaluating Information Gathered by the Early Warning System for the Situation of an Unexpected Increase in the Number of Migrating Roma Community Members from Slovakia to the Czech Republic assigned the Ministry of the Interior to continue in carrying out the activities of the early warning system for the situation of an unexpected increase in the number of migrating Roma community members from Slovakia to the Czech Republic, from March to July 2005, and to continue using for the early warning system those unused funds allocated for tasks concerning the establishment of a monitoring network in the Czech Republic, for the surveying of opinions of local and regional authorities and for operations of the monitoring network in the Slovak Republic, in the period after the Czech Republic s accession to the European Union in accordance with point II/5 of Government resolution No. 396 of 28 April The funds amounted to CZK 259,000. The follow up to the early warning system included, due to limited financial resources, the monitoring of regions of the Czech Republic affected by migration from Slovakia, and in addition a one-off survey in two strong source localities of migration in the Slovak Republic was carried out. Monitoring was, in comparison with the original assumption, extended, with respect to serious recent trends in migration to the Czech Republic in summer 2005, from the planned March July 2005 period to the period of March August 2005, whereby the amount of funds was not changed. International and non-governmental organisations (the International Organisation for Migration and People in Need, working under Czech Television), in cooperation with other local 70

71 NGOs, street social workers, Roma coordinators and advisors in individual selected regions, participated in the activities of the continued early warning system. Information of the Czech Consulate in Bratislava on media news which focused on the current social situation of Romas in the Slovak Republic and the responses of authorities of state administration, academics and experts was a part of the early warning system. The Alien and Border Police Service of the Czech police were involved as well. Monitoring activities built directly on information collected by the early warning system from May to December According to such information, reviewed localities were selected in the Karlovy Vary, Moravian-Silesian, Pilsen, Central Bohemian, Liberec, and Usti Regions, as well as Prague. A part of the survey was devoted to finding motivation for applying within asylum proceedings in the Czech Republic and source localities of migration in the Slovak Republic in the regions of Kosice and Presov. During the monitored period, i.e. from March to August 2005, the migration of Roma community members from the Slovak Republic to the Czech Republic increased and the forms of migration changed into a certain extent. The number of Slovak asylum seekers in the Czech Republic increased and Slovak migrants strove to be registered in the Czech Social System in combination with illegal working activities in the Czech Republic. This phenomenon was not seen in the previous period. Pro-migration factors have persisted in Slovakia for a long time. These are, for example, a permanent lack of work opportunities, latent racial discrimination, discrimination in the labour market, the system of usury (the system of gombeen men ) practices, and the growing number and volume of ghettoes (locations) settled predominantly by Roma communities. As a consequence of the reform of the welfare system in the Slovak Republic from the beginning of 2005 which led to a considerable decrease in the total amount of funds which can be received through social allowances which are often the only source of means of living - the most considerable pro-migration factor seems to be the loss of accommodation and of any life perspective. Numerous Roma families are, due to debts, moved from municipal flats and lodging houses without any substitute dwelling. In one flat there are often several related families and even people without any family relations, usually those who had been moved from their flats before. At the same time their opportunity to leave city housing estates and to move to settlements in villages decreased as the mayors of such villages refuse to register their permanent residence and without permanent residence these people are not able to get social allowances and benefits. Pro-migration factors in the Czech Republic include more extensive job opportunities, possibilities within the illegal labour market, family relationships, mutual language understanding, the short distance from Slovakia, the growth in the amount of both legal and illegal accommodation, and the possibility to be included in the substantially more generous Czech welfare system. A several times higher amount of funds which may be received from the social system of the Czech Republic, in comparison with Slovakia, appears to be, in the future, one of the most significant potential pro-immigration factors. In the majority of registered cases primarily it is possible to speak about the escapes of whole families from deprived Roma housing estates, accelerated by the loss of dwelling or shelters. Roma migrants rely on the possibility to make use, at least for a limited period of time, of the hospitality of their relatives in the Czech Republic or they settle, according to the given possibilities, in socially excluded and disadvantaged localities (for example Tanvald, Cheb, Bohumin, Prague 3 - Visnovka, the environs of Kutna Hora, or Duchcov). Then as a second option they seek for some jobs in the place of their residence, legal or illegal work, mainly in construction sites. They also collect metal waste and other material that can be sold, they enter into the Czech welfare system and/or they become involved in criminal activities. 71

72 Working migration with a predominantly temporary nature remains the domain of groups having previous working contacts or is organised by broker companies and capable individuals coming from Roma communities and possessing a trade licence. Migrant labourers coming from Slovak Roma communities accept very low financial compensation, often without any health insurance, and they work and live in substandard social and hygienic conditions. The recorded patterns of employment of Slovak migrant labourers in the Czech Republic in a number of cases imitates the substantial features of a client system known among Ukrainian migrants. A survey carried out also showed the results which were not obvious from previous research. The entry of Slovak migrants who are Roma community members into the Czech social system in combination with working activities in the Czech Republic, in particular in the district of Mlada Boleslav, was established through research findings. More and more citizens of the Slovak Republic, both of Roma and of other origins, apply for social allowances at the Labour Office in Mlada Boleslav. They are primarily those who live in the Czech Republic because at least one of the members of their family received a residence permit for the purpose of employment. Applicants for social allowances are the members of families whose bread-winner works in one of the external companies of Skoda Mlada Boleslav, however his/her remuneration is high enough for the family to live without any other income. Currently the Municipal Social Security Office pays just two Slovak families to cover their living minimum. Nevertheless, the Labour Office in Mlada Boleslav provides public social allowances to 58 Slovak families and at the moment is working on ten more applications by citizens of the Slovak Republic for welfare allowances. Of the 58 families, allowances for children are provided to all families, 35 families receive parental allowances, 11 social benefits, and two families allowances for logging. In eight cases birth contributions were paid off. Half of Slovak applicants are of Roma origin. Most applicants come from Kosice, Trebisov, Michalovce, Vranov nad Toplou, Spisska Nova Ves, and Presov. Monitoring carried out in 2003 did not record this type of migration. In the period from 1 May 2004 until 31 December 2004 only 20 applicants were Slovak nationals registered for drawing social allowances, whilst a half of them was of Roma origin. Whereas in the previous period of monitoring the migration of Roma community members from Slovakia to the Czech Republic (May December 2004) via entry into asylum proceedings in the Czech Republic was only a marginal form of migration, within the new reviewed period, March August 2005, it increased substantially. During the whole year 2004 only 137 Slovak nationals applied for asylum in the Czech Republic (a 3% share in the total number of asylum seekers); from 1 January to 30 September 2005 in total 631 Slovak asylum seekers were registered. Thus the situation from 2002 and 2003 has repeated, when in Slovak nationals applied for asylum and in 2003 there were 1,055 Slovak asylum seekers. Whilst in January 2005, Slovakia was the sixth most frequently represented country among asylum seekers, from March to June Slovak applicants shifted to the second position and in July, August and September Slovak nationals became the most numerous group of asylum seekers, during which time their number was higher than those from Ukraine, which had been for a long time the principal source country. In August 2005 when the Asylum and Migration Policy Department recorded 213 Slovak applicants, it was the highest ever monthly number of Slovak asylum seekers since The objective of Slovak asylum seekers is, during the period of the asylum procedure, to enjoy all benefits which they are entitled to as asylum seekers. All Slovak applicants stated as the reason for their arrival in the Czech Republic the poor economic situation and mainly unsatisfactory situation with regard to their flats and dwellings. Thus in the vast majority of cases the reason was the loss of dwelling. Of the total number of 631 Slovak asylum seekers from January to September 2005, forty percent made use of a two-year period which had lapsed from the time of the final and conclusive decision of the their previous proceedings, and arrived in the Czech Republic to apply for asylum again. The asylum proceedings for Slovak asylum seekers are discontinued due to impermissibility because of the fact that Slovakia is a full EU Member State. However, applicants frequently lodge an action with a relevant regional court and their residence in asylum facilities is thus extended. 72

73 The migration of Roma community members from Slovakia to the Czech Republic is a steady phenomenon, lasting from the split of the common state. In the year reviewed the social burden of registered types of migration is unambiguously higher and the risk factors which might cause social destabilisation in some areas increased. It is possible that we will face the situation when the Czech environment will not be any more able to "absorb such migration. The highest, however immediately quantifiable, degree of burden is represented by asylum migration. The still progressing infiltration of Roma community members from Slovakia into socially excluded and less-favoured regions of the Czech Republic currently represents, when all risks are taken into account. (i.e. the increase in poverty of host families due to their low income, the devastation of dwellings, increased epidemiological risks and social pathology, illegal labour, growing debts with usurers or some companies lending money for high interest rates, the growth in street crime as well as of some types of serious crime, and the increased expenditure of the Czech welfare system) an inestimable future social burden both for the state (government) and for individual local and regional authorities. The Ministry of the Interior of the Czech Republic will continue to monitor the development of migration of Roma community members from Slovakia heading for asylum facilities of the Czech Republic, with an important factor being the amendment to Act No. 350/2005 Coll. on Asylum, which came into force on 13 October 2005, and its impact on the described situation. Since the given date asylum seekers from Slovakia cannot hope for the possibility of a several monthslong stay in Czech asylum facilities unless a court agrees to the suspensory effect of an action lodged. An information campaign focusing on the consequences of the aforementioned amendment will be carried out in cooperation with the Office of the Commissioner of the Slovak Government for Roma Affairs in the source locations of Roma migration in Slovakia. The development until the end of 2005 indicated that the measures included in the amendment to Act No. 350/2005 Coll. on Asylum were successful. After this amendment came into effect only 59 Slovak nationals applied for asylum in the Czech Republic from 14 October to 31 December 2005, whilst a half of those persons filed their application before 20 October Asylum proceedings regarding such asylum seekers is terminated under the provisions of Sec. 25 (i) Impermissible Application - of the Act on Asylum. In the vast majority, asylum proceedings are discontinued on the second day of the filing of the application and the immediate departure of asylum seekers from the relevant asylum facility follows without the possibility to lodge an action. The Ministry of the Interior of the Czech Republic in collaboration with the above-mentioned international organisations and other NGOs under Czech Government Resolutions No. 243 of 12 March 2003, No of 19 November 2003, No. 396 of 28 April 2004, and No. 400 of 6 April 2005, has monitored the migration of Roma community members from the Slovak Republic to the Czech Republic on an ongoing basis since May It may be said that an initial assumption of a continuing increase in migration of Roma community members from Slovakia to the Czech Republic is being proven correct, including the occurrence of estimated risk factors linked to such migration. II.5. EMPLOYMENT AND ENTREPRENEURSHIP OF ALIENS IN THE CZECH REPUBLIC II.5.1. Employment of Aliens in the Czech Republic In 2005 some changes pertaining to the area of employment occurred, since the Act on Employment was several times amended in the context of amendments to other legal regulations. The amended Act provides for the following changes in the field of employment of foreign nationals: a) a foreigner who has been granted a visa for the purpose of a clause leave to remain under the 73

74 Act on Asylum may be employed in the Czech Republic provided that his/her employer received a permit to employ foreign nationals and the foreigner has been awarded an employment permit; b) an employment permit is not required for a foreigner who resides in the Czech Republic under a long-term residence permit for the purpose of family reunification, a foreigner in possession of a permanent residence permit, or a foreigner who has been granted asylum; c) if legal or natural persons do not satisfy their reporting obligation under the Act on Employment or if they do not keep registers stipulated therein they commit a minor offence or administrative offence for which they can be have imposed on them a fine of up to the amount of CZK 500,000. In relation to employment of foreign nationals and under the amendments to the Act on the Residence of Aliens the following is valid: a) Labour Offices are obliged, without any undue delay, to deliver to the police a copy of the decision on awarding or not awarding, extending or not extending, or withdrawing an employment permit; b) aliens are obliged, when applying for a visa, to submit an employment permit or to include in their visa application the reference number of their employment permit application; they also must state the Labour Office where they applied for the relevant employment permit. The Czech Republic continues to permit citizens of other EU Member States or citizens of the European Economic Area and Switzerland access to the Czech labour market. However, it may still apply the option of introducing a transitional period for the free movement of workers according to an assessment of the particular situation in the labour market. This applies also to old EU Member States. For the purpose of promoting legal international labour migration, the Ministry of Labour and Social Affairs put into operation a Czech section of the EURES system 47. The basic objective of the EURES network is to provide services which support the mobility of the labour force and facilitate access to information on jobs available in EU (EEA) countries, and Switzerland. EURES plays a more and more important role in balancing regional disparities between supply and demand in the European labour market in various sectors and in tackling problems relating to lack of certain qualifications. It also helps to improve professional experiences, especially those of young people, because they are given a chance to gain employment abroad. EURES also contributes to establishing the European labour market and in some border regions to creating an integrated regional labour market. The information and advisory service of EURES is ensured through a network of EURES advisors who are in direct contact with clients. A client, in terms of EURES service, means an applicant for a job abroad or an employer who intends to employ a foreigner worker. 15 EURES advisors, who trained for their advisory and informative activities at specialised training courses organised by the European Commission, the Ministry of Labour and Social Affairs of the Czech Republic or the Employment Service Administration and Labour Offices, were established at so-called authorised Labour Offices (usually in Regional Cities). Information on possibilities to work within the EU/EEA, on living and working conditions in EU Member States, advisory services for employers and other related information may be obtained at any Labour Office in the Czech Republic through EURES contact persons. If a client cannot get to any of the authorised Labour Offices he/she may at a relevant District Labour Office visit a 47 EURES European Employment Services 74

75 EURES contact person who will provide the client with basic information and reference to the nearest EURES advisor. As of 31 December 2005 in total 151,736 foreign nationals were employed in the Czech Republic, of whom 55,210 persons were employed on the basis of valid work permits; further there were 93,867 nationals of EU/EEA and nationals of Switzerland, and 2,659 other foreign nationals not obliged to have work permits. Legal migration employment of foreign nationals (data provided by the MLSA of CR) Year valid work permits information third country nationals as employees registration/ information Slovak citizens as employees information - EU EEA/ECFT (without Slovakia) as employees ,281-23, ,871-39, ,536-59, ,002-72, ,044-69, ,927-61, ,312-53, ,080-63, ,097-63, ,621-56, ,704-58, , ,817 13, ,210 2,659 75,297 18,570 By comparing the number of valid work permits and the number of valid registrations in 2004 and 2005 it may be proved that the numbers of foreign nationals or numbers of other EU/EEA countries employed in the Czech Republic increased considerably, namely by 43,742 persons. An increase in 2005 amounted, as regards third country nationals, to 22,718 persons; citizens of Slovakia to15,480 persons; and citizens of EU/EEA and Switzerland to 5,547 persons. Total Number of Foreigners Employed in the Czech Republic as of 31 December After the Czech Republic s accession to the EU, nationals of the EU/EEA and Switzerland do not need any work permit in the Czech Republic, however the employer, eithera natural or legal person, for whom EU nationals work under a contract are obliged to inform, in writing, the competent Labour Office not later than on the day when a foreign national joins the company in question. Traditionally, the largest numbers of legally employed persons come to the Czech Republic from the Slovak Republic (75,297), followed by Ukraine (40,060), and Poland (12,635). The share of men in the number of foreign nationals employed in the Czech Republic was approximately 70 %. 75

76 II Illegal Employment of Aliens As regards foreign nationals, a persistent problem is the illegal employment of aliens. It concerns most often citizens of Ukraine employed mainly in the construction sector however more frequently there are cases where foreigner nationals are illegally employed in Chinese restaurants and fast food outlets. The illegal employment of foreigners is a steady and grave problem. The problem does not lie only with tax evasion but illegally employed foreigners themselves do not hold a fully legal position, i.e. they cannot exercise their right to a minimum salary, holidays and so forth. They do not have health insurance and in the case of being injured expenses for their treatment are borne by hospitals and represent bad debts. Moreover, if such injuries cause disability, foreigners cannot be indemnified. The illegal employment of foreigners directly relates to the unlawful activities of brokers" who intermediate employees for companies and collect fees for such activities. Such activities could be positively influenced by a new draft of the Criminal Code which introduces crimes such as assisting illegal residence in the country and employment of illegal immigrants. An irreplaceable role in combating illegal migration is played by the Inter-ministerial Body for Combating Illegal Employment of Foreign Nationals. With a view to make its activities more effective the Ministry of Labour and Social Affairs initiated the drawing up of its Statute and Rules of Procedure. 48 This document was approved by Resolution of the Czech Government No of 16 November In 2005 the activities of the Inter-ministerial Body for Combating the Illegal Employment of Foreign Nationals were dominated by developing cooperation with relevant foreign institutions. The aim of seminars organised by the MLSA was to increase awareness of methods for solving the issue of illegal migration of foreign nationals which are used in other EU Member States and to offer opportunities for closer international cooperation to the Ministries of the Czech Republic concerned. With regard to the prevention of illegal employment of foreigners, the Inter-ministerial Body for Combating the Illegal Employment of Foreign Nationals focused on increasing information provided to foreigners on options for legal employment in the Czech Republic and the MLSA prepared leaflets and information on the GATEWAY to the Ministry of Labour and Social Affairs. In March 2005 an evaluation of joint controls/inspections was drawn up. Such controls were carried out from November 2004 to January 2005 and the following authorities participated in them: Labour Offices, Alien and Border Police Service units, customs offices and to a certain extent also Trade Licensing Offices, Tax Authorities, the Occupational Health and Safety Inspectorate and the Czech Trade Inspection Authority. On the basis of the gathered findings, the Inter-ministerial Body for Combating Illegal Employment of Foreign Nationals came, in April 2005, to the conclusion that in the interest of the efficiency of such joint controls it is necessary to consider, in advance, the physical presence of respective bodies in on-the-spot checks according to each particular situation. Because of different competencies and divergent control rules it will be, in certain cases, more effective to enhance the flow of relevant information and documents between individual authorities. However, joint controls were evaluated positively and thus it makes sense to continue such inspections. In December 2005 it was decided, within the Inter-ministerial Body for Combating the 48 The Statute regulates the position and mission of the Inter-ministerial Body for Combating the Illegal Employment of Foreign Nationals and the frequency of its meetings. It further regulates membership in this body (the number of members and their appointment), the role of the Chairperson, Deputy Chairperson and the Secretary, as well as rules for setting up working groups. The Rules of Order specifies the rules for activities carried out by the Interministerial Body for Combating the Illegal Employment of Foreign Nationals (quorum, voting, a plan of activities, annual report, agreed minutes). The document was approved by Government Resolution No of 16 November Under this Resolution the Minister of Labour and Social Affairs appoints the Chairperson, Deputy Chairperson and Secretary of the body in question. 76

77 Illegal Employment of Foreign Nationals, to carry out ongoing coordinated control activities resulting mainly from the initiative of relevant authorities at the level of former districts or current regions. Furthermore, they decided to submit to superior authorities evaluating reports at six-month intervals on the basis of which the individual bodies involved prepare materials for a summarised report drawn up for the Government of the Czech Republic, with the responsible party being the Ministry of Labour and Social Affairs. Act No. 251/2005 Coll. on Labour Inspection, effective of 1 July 2005, enabled Labour Offices, through delegating some control powers to the Labour Inspectorates, to concentrate on the issue of illegally employed foreign nationals. Joined controls which are focused on exposing the illegal employment of foreigners target such economic sectors where the highest occurrence of illegally employed foreigners may be expected, i.e. the construction sector, agriculture, trade, processing industry, lodging facilities and restaurants. Premises to be checked are selected in particular on the basis of information provided by Labour Offices, Alien and Border Police Service units, customs offices, Trade Licensing Offices, Tax Offices, Municipal Councils and last but not least by the Ministry of Labour and Social Affairs. 49 The figures relating to on-the-spot checks of Labour Offices focused on the illegal employment of foreign nationals during the first half of 2005 are included in the following tables. Evaluation of Control Activities Summary 1st half of 2005 Total number of inspections carried out 4,466 of which: the number of inspections of employers employing foreign workers (third country nationals + EU/EEA and Swiss nationals) 795 of which the number of inspections carried out upon the request of: Labour Offices 415 Alien and Border Police Service 223 Trade Licensing Offices 15 Tax Authorities 0 Czech OHS Inspectorate 1 Customs Administration Offices 78 Police of the Czech Republic 1 the number of inspections carried out upon the request of (not included in the table): Ministry of Labour and Social Affairs 13 Municipal Councils 1 Other than Labour Offices in the place of residence 12 Employee(s) 0 The general public - citizens 63 Trade Union organisations 2 Other requests (not specified) 0 Inspection results and participation of inspection bodies: Total number of persons checked (third country nationals + EU/EEA and 4,410 Swiss nationals) of which: illegally employed foreigners detected 1,037 Total number of fines imposed 621 Total amount of fines imposed CZK 14,960, In accordance with the currently effective Act on Employment, the responsibility for control activities involving illegal employment is vested in Labour Offices and was also delegated to the customs offices. The police are not authorised to carry out relevant checks apart from controlling residency conditions and the lawfulness of employment, and they consider this to be a handicap due to which they are not allowed to enter and check the premises of employers in order to control residence permits. 77

78 Cooperation of inspection bodies number of joint inspections: participation of the Alien and Border Police 323 participation of the Trade Licensing Offices 26 participation of Tax Authorities 13 participation of the Czech Office for Work Safety 7 participation of Customs Administration 156 participation of the Police of the Czech Republic 3 participation the Czech Trade Inspection 0 Ranking according to the numbers of illegally employed foreign workers (third country nationals + EU/EEA and Swiss nationals) * 1. Ukraine Ukraine 1, Ukraine Ukraine Vietnam Latvia Slovakia Slovakia Russia Romania Russia Bulgaria Poland Poland Moldova Vietnam Lithuania 37 5.Belarus, Moldova Vietnam Taiwan Bulgaria Bulgaria Mongolia Moldova Belarus Russia, Vietnam Bulgaria Romania Romania Mongolia Rumania China, Russia Moldova Austria 7 9. China 8 9. India Not Not ascertained** 33 ascertained** *) Data from January to June 2005 **) Labour Offices did not state the data on nationality 10. Not ascertained** Not ascertained** A 2005 summary of activities carried out by relevant ministries or their executive bodies involved in the field of combating the illegal employment of foreign nationals will be submitted to the Government of the Czech Republic in May 2006 by the Inter-ministerial Body for Combating the Illegal Employment of Foreign Nationals. 8 II.5.2. Foreign Nationals Undertaking Business in the Czech Republic At the end of 2005, the Ministry of Industry and Trade registered in total 1,751,940 (+15,140) entrepreneurs, of whom 67,246 (+2,027) were foreigners. The number of registered businesses was 2,804,648 (+59,790), out of which foreigners owned 83,841 (+3,014 businesses. The above information implies that the number of registered entrepreneurs and foreigners' businesses increased in comparison with Legal migration foreigners undertaking business in the Czech Republic (data of the Ministry of Industry and Trade of the Czech Republic) The situation as of 31 Dec of the relevant year Entrepreneurs - foreigners ,996 45,498 63,501 43,244 58,386 61,340 64,000 60,532 62,293 65,219 67,246 Foreigners possessing trade licences 8,823 19,858 43,335 54,745 77,097 52,687 68,586 72,471 78,423 75,661 76,057 80,827 83,841 The ranking with regard to nationalities remained unchanged in The largest number of foreign entrepreneurs in the Czech Republic came from Vietnam - 22,620 (+1,082). The second largest group was citizens of Ukraine 21,135 (+1,649), and the third largest group was represented by citizens of the Slovak Republic 8,719 (-38). The above three groups of foreign nationals accounted for 78% of all foreign entrepreneurs. 78

79 Business Undertaking by Foreigners in the Czech Republic as of 31 December Of the total number 83,841 businesses registered in foreigners' names 26,009 (+682) Vietnam, 25,238 (+1.984) by citizens of Ukraine and 11,769 (+148) by citizens of Slovakia. The above implies that the said three groups of citizens accounted for 75.1% of businesses registered in foreigners' names. Podnikatelé cizinci Živnostenská oprávnění pro cizince The share of men to women among foreign entrepreneurs is about 71.2 %. With regard to registered businesses the proportion of men is 72.1 %. As in previous years the largest number of foreign entrepreneurs was registered in the capital city of Prague 21,405 (i.e % of the republic-wide amount), particularly in Prague 4 (3,129, i.e %), Prague 6 (3,009, i.e %), Prague 5 (1,697, i.e. 7.9 %), Prague-Modrany (1,569, i.e. 7.3 %), Prague 10 (1,428, i.e. 6.7 %), Prague 8 ( 1,388, i.e. 6.5 %), and Prague-Jizni mesto [South City] (1 132, i.e. 5.3 %) followed by the districts Brnomesto [City] (3,190, i.e % of the South Moravian Region), Karlovy Vary (2,450) and Cheb (2,402) - i.e % of the Karlovy Vary Region, Ostrava-mesto [City] (1,878, i.e % of the Moravian-Silesian Region), Pilsen City (2,157, i.e % of the Pilsen Region), Prague-vychod [East] (1,217) and Mlada Boleslav (939) - i.e % of the Central Bohemian Region, and Decin (1,327) and Chomutov (1 048) - i.e % of the Usti Region. Ongoing checks of foreigners registered in the Register of Trade Licenses are performed by the Ministry of Industry and Trade through Trade Licensing Offices. Trade Licensing Offices cooperate with all supervisory bodies and agencies; particularly appreciated is their cooperation with the Alien and Border Police Service. Trade Licensing Offices perform their signalling obligation in respective areas also in cooperation with units of Alien and Border Police Service, Regional Commercial Courts, Tax Authorities, Social Security Offices, Labour Offices, and other authorities. In 2005, specifically from December 2004 until November 2005, Czech Trade Licensing Offices performed inspections at 3,081 legal entities with foreign participation in managing bodies or at legal entities belonging exclusively to foreign nationals, and 7,744 inspections of foreign individuals; i.e. altogether 10,825 entities. The largest number of inspections was performed in Prague where altogether 3,533 entities were inspected, followed by the Central Bohemian Region 1,231 entities, and the Pilsen Region entities. With regard to inspections of 7,744 foreign natural persons, inspections revealed 3,029 violations of the Trade Licensing Act, for which 1,811 fines amounting to CZK 3,209,000,- were imposed. Furthermore, in 444 cases trade licenses were withdrawn or suspended. The largest number of inspections was performed in Prague, where altogether 2,248 foreign natural persons were checked, followed by the Pilsen Region checks on foreign natural persons, and the Central Bohemian Region checks on foreign natural persons. Inspections of foreign natural persons revealed 3,060 (alleged) breaches of other legal regulations, of which 757 were assigned to the Alien and Border Police Service, 547 to Regional Courts, 763 to Tax Authorities, 525 to Social Security Offices, 340 to Labour Offices, and 128 to other authorities. 79

80 With reference to inspections of 3,081 legal entities with foreign participation in managing bodies and also of foreign legal persons carried out in 2005, the Trade Licensing Act was violated in 1,708 cases. For such violations 891 fines were imposed amounting to CZK 2,597,500. Moreover, 394 trade licences were withdrawn or suspended. The largest number of checks of legal entities with foreign participation in managing bodies and of foreign legal persons was carried out in Prague in total 1,285 checks, followed by the Central Bohemian Region checks on legal entities, and in the Usti Region legal entities checked. To this end 773 violations of other legal provisions were detected, of which 178 were assigned to the Alien and Border Police Service, 246 to Regional Courts, 169 to Tax Authorities, 80 to Social Security Offices, 40 to Labour Offices, and 60 to other authorities. The results of inspections performed by Trade Licensing Offices are evaluated by the Ministry of Industry and Trade always in June and December of the relevant year. Inspections of foreign persons and respective sanctions imposed on them for violating legal regulations appear to be justified and to lead to the ongoing enhancement of awareness of duties resulting from business undertaking, i.e. of duties arising from the Trade Licensing Act and provisions relating to entrepreneurship, and thus such inspections support adherence to legal regulations by foreign entrepreneurs. II.6. ASYLUM II.6.1. Asylum and the European Union The European Council Summit on building the area of freedom, security and justice, was held in Tampere in October Participants agreed to its conclusions on establishing the common European asylum system based on the entire legal application of the Convention of the Legal Status of Refugees (of 1951). As regards the common European asylum system the Tampere Summit agreed on a two-phase approach. During the first phase of building the common European asylum system, which was accomplished on 1 May 2004, the Union had managed to adopt almost all Community legal provisions required by the Treaty establishing the European Community, in particular by Article Such measures lay down: The criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national. This point was met as early as in February 2003 when Council Regulation No. 343/ was adopted. Its provisions are directly applicable in EU Member States and thus do not require amendments to be made to national legal provisions. Nevertheless, certain technical aspects for the application of this Regulation were taken into account in the amendment to Act No. 325/1999 Coll. on Asylum (an amendment conforming to EC law) published under No. 57/2005 Coll. The Asylum and Migration Policy Department of the Ministry of the Interior established, for the purpose of the practical implementation of Council Regulation No. 343/2003, the Dublin Centre Unit. Minimum standards for the reception of asylum seekers in Member States. 50 Article 63 (1) and (2) of the EC Treaty lays down priorities for the development of the European Union s asylum policy, with a five-year period for adopting new legislation 51 Council Regulation No. 343/2003, establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (generally called Dublin II this replaces the current Dublin Convention which however remains valid). 80

81 This issue was also met at the beginning of 2003 when Council Directive 2003/9/EC 52 was adopted. The provisions stipulated in the Directive regulate in particular issues of the material requirements of asylum seekers (such as basic health care, accommodation, financial allowances, education, food and clothes, as well as the right to access the labour market of the Member State concerned unless their application is settled within one year). Because this is a legal provision implemented by a Council Directive this means for the Czech Republic that there is an obligation to harmonise the national legal framework. This has been done through the aforementioned amendment to the Act on Asylum conforming to EC law. Minimum standards for the qualification of third country nationals as refugees. On 29 April 2004, Council Directive No. 2004/83/EC 53 was adopted. The objective of the Directive is to harmonise a substantive legal definition of a refugee, and the grounds on which subsidiary forms of protection are based. Further, the draft concentrates on defining the scope of rights to be granted to refugees and to persons under subsidiary forms of protection. The relevant amendment to the Act on Asylum was proposed in the context of this Directive. The Bill was approved by the Chamber of Deputies of the Czech Parliament on 9 February 2006 and it is now being discussed by the Senate. Minimum standards on procedure in Member States for granting and withdrawing refugee status. On 1 December 2005 Council Directive 2005/85/EC 54 was adopted, however EU member states have not yet agreed upon a minimum common list of safe countries of origin which is to be integral to the Directive. The subject matter of this Directive is procedural law regulating the course of asylum processes. It should regulate the basic rights and duties of asylum seekers within asylum proceedings and the provision of asylum, as well as define cases of manifestly unfounded asylum applications for asylum, and regulate asylum proceedings on repeat applications and proceedings on the border, as well as the right to lodge an appeal against a decision taken by an administrative body. This will cover all persons who apply for asylum on the border or the territory of a Member State. The Czech Republic is now preparing a comparison of the Directive with the Czech national legal framework and on the basis of this it will prepare an adequate amendment to the Act on Asylum and other legal provisions concerned. The minimum standard for temporary protection of persons displaced from third countries who cannot return to the country of their origin and who otherwise need international protection. It is necessary to mention Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons. Definitions contained in this Directive are already reflected in the Czech legal framework by means of the Act on the Provision of Temporary Protection to Aliens - Act No. 221/2003 Coll. 52 Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers. 53 Council Directive on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection. 54 Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status 81

82 The promotion of a balanced division of the burden connected with accepting refugees and displaced persons and its consequences for Member States. For this purpose the European Refugee Fund (ERF) was established under Council Decision 2000/596/EC. 55 On the basis of the multi-year programme known as The Hague Programme: Strengthening Freedom, Security and Justice in the European Union, adopted by the European Council in 2004 which was a follow up to the conclusions of the Tampere European Summit held in 1999 specified that by 2007 all the aforementioned legal instruments should be evaluated and the Council should, by the end of 2010, submit to the European Parliament Community legal regulations of the second phase, exceeding the minimum level of harmonisation of adopted standards. The objective of the second phase of establishing the common European asylum system is to build a single asylum procedure in the European Union and a single status for those who have been granted asylum which will be valid in the whole European Union, not later than by the end of II.6.2. Asylum Seekers In 2005 altogether 4,021 people applied for asylum in the Czech Republic. As compared with 2004, when there were 5,459 people applying for asylum, the number of applications decreased by 26.3%. Thus in 2005 the trend of a decline in the number of asylum seekers, which started after the Czech Republic s accession to the European Union in May 2004, continued. Number of asylum seekers in the Czech Republic - development and changes in percentage from 1993 until 2005 Year Number of asylum seekers 2,207 1,187 1,417 2,211 2,109 4,085 7,220 8,788 18,094 8,484 11,400 5,459 4,021 Year-on-year change in % This development regarding the total number of asylum seekers in the Czech Republic corresponds to the situation in other European countries. The trend of a decreasing number of asylum seekers has been for a long period of time recorded in the majority of EU Member States. In terms of the number of asylum seekers, the Czech Republic ranked (in 2005) 14 th in Europe, which is confirmed by the table annexed to this document, based on the data of the Secretariat of the UN High Commissioner for Refugees. An upward trend was typical regarding the number of asylum seekers in the Czech Republic in the 1990s. The absolute highest number of applications lodged was reached in 2001 when the total number of applications was 18,094, thus demonstrating a twofold increase as compared with the previous year, and it was the highest to-date number of applications lodged in the history of the Czech Republic. In 2002, with regard to the adopted amendment to the Act on Asylum, the number of applications filed decreased, however this decline did not continue in 2003, in particular as a consequence of the increased immigration of Chechnyan nationals who were citizens of the Russian Federation. The high numbers of applications lodged by these foreigners continued until April 2004, when after the Czech Republic s accession to the EU and introduction of the Dublin system See Chapter I.5.2. Framework Programme Solidarity and Management of Migration Flows 56 Accession of the Czech Republic to the Convention determining the state responsible for examining applications for asylum lodged in one of the Member States of the European Communities (referred to as Dublin I) and application of Council Regulation No. 343/2003, establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (generally called Dublin II). 82

83 with respect to asylum proceedings the migration flow of asylum seekers from Chechnya stopped and the total number of asylum seekers decreased as well. The development of the number of applications for asylum recorded in the Czech Republic in 2005 mirrors the development recorded since June Development of the Number of Asylum Seekers in the Czech Republic Number of asylum seekers Year The monthly development in the number of applications for asylum in 2005 can be described as more or less stable. With the exception of July and August no substantial fluctuations were recorded in the monthly numbers of asylum seekers and the Czech Republic recorded each month on average 300 new applications for asylum. An increase was seen only during the summer months when more than 400 asylum seekers were reported each month. This deviation was caused in particular by a migration wave of asylum seekers from Slovakia. Month-by-month Development in the Number of Asylum Seekers in the Czech Republic in Number of applications I II III IV V VI VII VIII IX X XI XII Month 83

84 Europe 59.3% Division of Asylum Seekers According to Continents 2005 Other 2.3% 2005 from Asian countries. Africa 5.6% Asia 32.8% Proportions of asylum seekers according to individual continents do change markedly in the Czech Republic. The majority of asylum seekers arrive in the Czech Republic mainly from countries on the European continent, followed by Asian countries. Also in 2005 European nationals represented almost 60% of the total number of asylum seekers in the Czech Republic. Nevertheless, if compared to 2004, the share of Europe as a principal source region decreased and on the other hand the share of Africa increased. In 2005 the proportion of African countries reached nearly 6%, which is, when compared with the previous year, almost double the amount. One third of all asylum seekers in the Czech Republic came in Proportions of individual nationalities in the total number of asylum seekers in the Czech Republic may be, in 2005, marked as more balanced than in previous years. Asylum seekers were not so considerably dominated by only several nationalities, shares within the first ten places were more or less equal and the proportion of asylum seekers from the main source country, which is as in 2004 Ukraine, decreased as well. The most essential change in the composition of asylum seekers was the shift in 2005 from 14 th position to third place of Indian applicants for asylum. A substantial shift was seen also as regards Slovak asylum seekers, who became in 2005 the second most numerous nationality of applicants. On the other hand, a substantial fall was seen among nationals of Georgia and Kyrgystan (who were in 2004 in the sixth and seventh positions), who in 2005 were not among the first ten most numerous groups of asylum seekers (15 th and 18 th positions). In 2005 for the first time an African country (Nigeria) reached among the top ten source countries. 10 largest groups of asylum seekers in the Czech Republic in terms of nationality comparison of the same periods of 2004/2005 Nationality Number of asylum seekers Change in comparison with the previous period i. e. % Order Number of asylum seekers i.e.% Order Absolute figure i.e. % Ukraine 1, Slovakia India China Russian Federation 1, , Belarus Vietnam Mongolia Nigeria Stateless persons Other 1, Total 5, , ,

85 Nationals of Ukraine were in 2005, as in the previous year, the largest group of asylum seekers. Typically Ukraine has been among the main source countries of asylum seekers in the Czech Republic and in the last five years, with the exception of 2003, it always represented a principal source country of asylum seekers. Citizens of Ukraine consider the Czech Republic, in the majority of cases, to be a target country, and use applications for asylum to legalise their residence in the Czech Republic. However, in 2005 applications for asylum were not abused so often as in In 2005 in total 987 Ukrainian nationals applied for asylum which was, as compared with the previous year, a decline of 38%. Average monthly numbers of Ukrainian asylum seekers were, in 2005, about 82 persons each month. In 2005 the second most frequent country of origin among asylum seekers in the Czech Republic was the Slovak Republic. In the year reviewed, the Czech Republic recorded in total 711 asylum seekers from Slovakia, which means that their number increased, as compared to 2004, by 419%. The migration wave of Slovak asylum seekers was reported mainly from summer months and the migrants stated, as their main reason for leaving their mother country, their unsatisfactory social situation and loss of dwelling in Slovakia. The number of Slovak asylum seekers dropped considerably after the amendment to the Act on Asylum came into force in October Due to the fact that applications for asylum filed by EU citizens are rejected as impermissible and an action against such decision does not have a suspensory effect under the aforementioned amendment to the Act on Asylum, Slovak citizens are not, once the relevant decision has been issued, in the position of asylum seekers. Therefore this measure demotivates Slovak citizens from applying for asylum in the Czech Republic. Despite low numbers of applications for asylum filed in the first half of the year, citizens of India became in 2005 the third most numerous group of asylum seekers. Whilst in 2004 citizens of India accounted for less than 1% of the total number of asylum seekers in the Czech Republic, in 2005 they represented almost 9%. However applications filed by Indian nationals had in the vast majority of cases a special purpose applicants wanted to avoid immediate return to their home country. This migration wave was connected with security risks especially because of the networks of smugglers involved. An effective measure adopted by the Ministry of the Interior was the introduction of airport visas. 57 China has steadily ranked since 1999 among the principal source countries of asylum seekers in the Czech Republic. In 2005 the Czech Republic recorded in total 287 Chinese asylum seekers which is almost the same amount as in China s position in fourth place among the top ten source countries remained unchanged. In 2005 asylum seekers from the Russian Federation saw a considerable yearon-year decline, by 83%. From the second most frequently represented source country in 2004 Russian citizens dropped to the fifth position. Their share in the total number of asylum seekers also changed markedly Five most frequent nationalities among asylum 2 seekers in the Czech Republic in 2004 Other 35.5% Russian Federation 6.5% China 7.2% India 8.5% Ukraine 24.6% Slovakia 17.7% 57 The Decree laying down the group of foreign nationals who are permitted to stay in the transit zone of an international airport in the Czech Republic only on the basis of granted airport visa which was published in the Collection of Laws under number 446 on 3 November 2005 included in the relevant list Indian nationals. See Chapter I.2. LEGISLATIVE FRAMEWORK. 85

86 (a decline from 27% in 2004 to 6% in 2005). As a consequence of a mass influx of Chechnyan nationals which began in 2003, citizens of the Russian Federation were the principal nationality among asylum seekers until the Czech Republic joined the EU in May After the following a change in the nature of migration from Chechnya as a result of application of the Dublin system the number of asylum seekers of this nationality considerably decreased in the Czech Republic from mid This trend continued in A considerable year-on-year decline in the number of asylum seekers (by 46%) was seen with regard to citizens of Vietnam. The Czech Republic recorded in 2005 in total 208 Vietnamese asylum seekers, which accounts for 177 persons less than in Thus the trend obvious in several recent years, when the number of Vietnamese asylum seekers had been dropping, continued. The asylum procedure has not been misused by Vietnamese asylum seekers so intensively for legalising their residence in the Czech Republic. On the other hand, a year-on-year growth in the number of asylum seekers was reported among citizens of Nigeria who moved from 13 th position in 2004 to 9 th position among the most frequent source countries in Such development relates to the steadily increasing number of asylum seekers arriving from the African continent which was seen in The number of stateless asylum seekers considerably increased. Whereas in 2004 such persons, filing 46 applications, occupied 15 th position in 2005, their number grew by 59% and stateless persons reached tenth place. The majority of stateless persons who applied in 2005 in the Czech Republic for asylum were either Kurds or came from the Palestinian territory. 10 largest groups of asylum seekers in the Czech Republic in terms of nationality monthly development in 2005 Nationality I 2005 II 2005 III 2005 IV 2005 V VI 2005 VII 2005 VIII 2005 IX 2005 X 2005 XI 2005 XII 2005 Total Ukraine Slovakia India China Russian Federation Belarus Vietnam Mongolia Nigeria Stateless persons Other Total ,021 1st most numerous nationality 2nd most numerous nationality 3 rd most numerous nationality 4 th most numerous nationality 5 th most numerous nationality In 2005 altogether 3,270 foreign nationals lodged applications for asylum in reception centres (RCs). Although the majority (83.6%) of them were filed in the reception centre Vysni Lhoty, the importance of the second centre, at the international airport Prague Ruzyne, in terms of the number of applications filed, markedly increased. While in 2004 in total 121 applications (2.6% of the total number of applications lodged in RCs) for asylum were lodged in Prague Ruzyne, in 2005 this number increased by 343% to the number of 536 applications (a share of 16.4% of the total number of applications lodged in RCs). Asylum seekers from India predominantly contributed to such increase in 2005 when the RC at Prague Ruzyne recorded in total 333 applicants arriving from India.

87 505 persons, i.e. 12.6% of all foreign nationals who applied for asylum in the Czech Republic in 2005, filed their applications in alien detention centres (ADC). In comparison with 2004, when less than 12% of all applications were lodged in ADC, this share remained more or less unchanged. Most applications filed in the alien detention centres were registered in ADC Postorna (169 applications) and ADC Balkova (138 applications). The most numerous group among those who filed their application in ADCs was represented by citizens of China (150 persons). 132 foreign nationals in 2005 applied for asylum while serving a prison term or in custody. This number almost equalled the number in 2004, when 126 people applied for asylum while serving a prison term or in custody. In 2005 the highest number of applications were filed in prisons by nationals of Ukraine (51 persons). Persons who applied for asylum when serving a prison sentence fall under the category Other. This category also includes asylum seekers who applied for asylum while in hospital, children who were born in the Czech Republic to asylum seekers during asylum proceedings, and applications lodged in asylum facilities (in total 114 persons). RCs 81.3% Place where applications for asylum were lodged in 2005 AC 12.6% Others 6.1% II Asylum Proceedings in the Czech Republic In 2005 the Ministry of the Interior of the Czech Republic issued in total 4,376 decisions. When compared to 2004, the number of asylum seekers, whose applications were not decided, decreased by 18%. As of 31 December 2005, in total 924 persons were participants in asylum proceedings. In 2005 the average length of proceedings in the first instance was 129 days. However, if we take into account only proceedings with persons who filed their applications in 2005 and decisions regarding their applications which came into legal force, the average length of proceedings was 34 days. In 2005 the Ministry of the Interior awarded asylum to 251 persons in total. The highest number of persons granted asylum were nationals of the Russian Federation (69) and Belarus (47). The following countries also ranked among those whose citizens quite frequently applied for asylum in the Czech Republic and who were granted asylum in 2005: Armenia (19), Kazakhstan (18), Uzbekistan (17), and Ukraine (9). Almost a half (46.6%) of all persons who were granted asylum in 2005 were granted asylum under the reasons defined in the Convention on the Legal Status of Refugees (Section 12 of the Act on Asylum). This was the reason why asylum was granted mainly to citizens of Belarus and Uzbekistan. In the case of Uzbekistan the Czech Republic was involved in a programme of relocation supported by the UN High Commissioner for Refugees % of the total number of 58 With regard to the events which happened in Uzbekistan in May 2005, about 450 refugees escaped to Kyrgyzstan The UN High Commissioner for Refugees took care of them and ensured their transportation to Romania. After that the Commissioner contacted some countries, among them also the Czech Republic, with a request to take some of the refugees into their territories. The Czech Republic responded positively and in December 2005 accepted 15 refugees from Uzbekistan who arrived from Romania. Due to the fact that they were so-called UN mandate refugees they were recognised as refugees under the Czech legal framework and they were granted asylum. Among other countries which decided to admit in their territories some of the refugees were for example Germany, Finland, the USA, Canada, and Australia. 87

88 persons who were granted asylum were granted it for the purpose of family reunification (Section 13 of the Act on Asylum). This reason for granting asylum applied mainly to nationals of the Russian Federation and Kazakhstan. The remaining 15.55% of those who were granted asylum received it for humanitarian reasons (Section14 Asylum proceedings at first instance in 2005 of the Act of Asylum), and most frequently these people were nationals of the Russian Federation. Impermissible Proceedings discontinued 11.7% Obstacles to travel 1.8% application 20.5% Asylum granted 5.7% with 2004, this was three times higher. Asylum rejected 60.2% Leave to remain under the Act on Asylum was granted by the Ministry of the Interior in 79 cases. Most often this subsidiary form of protection was granted to citizens of the Russian Federation (50), followed at a considerable distance by nationals of Uzbekistan (8) and Cuba (5). The Ministry of the Interior granted protection to 330 foreign nationals. It was the highest ever number in the history of the Czech Republic. In 2005 the rate of granted forms of protection 59 reached 11.1% and, when compared The Ministry of the Interior turned down 2,636 applications (this figure does not include decisions known as asylum rejected leave to remain ), which accounts for 60.2% of the total number of decisions taken at the first instance of asylum proceedings in A further 20.5% of the decisions taken by the Ministry of the Interior within asylum administrative proceedings are applications rejected as impermissible, which means that the Ministry used accelerated asylum proceedings. In the majority of cases these were applications filed by Slovak citizens. Of the total number of 4,376 decisions taken at first instance, proceedings were discontinued in 11.7% cases (the main reason for such decisions were a repeated failure to undergo an interview, or the applicant having withdrawn their application him/herself, or the applicant having entered illegally another state, i.e. illegal crossing of the Czech national border). Actions and Cassation Complaints Filed with Courts The year 2005 was the third year of the existence of the administrative judicial system under Act No.150/2002 Coll. on Rules of Administrative Procedure, which came into effect on 1 January The decision-making of Regional Courts in proceedings on actions (suits) lodged in asylum matters was stabilised and unified in essential legal issues whilst the decision-making activities of the Supreme Administrative Court in Brno contributes to such unification, and legal opinions expressed in the decision of the Supreme Administrative Court are binding for a Regional Court, even though these may be given in a particular case. In the course of 2005 two amendments to the Act on Asylum were adopted, the second of which, made through Act No. 350/2005 Coll., effective of 13 October 2005, considerably affected the decision-making activities of Regional Courts. 60 This amendment altered, inter alia, the Rules of 59 The total rate of granted forms of protection = the number of people who were granted asylum and leave to remain (the total number of persons who were granted asylum + the number of decisions on not granting asylum) times by The newly adopted legal regulation is to contribute to decrease the number of cassation complaints because it implements in the Czech legal framework a new institute of impermissibility of a cassation complaint concerning asylum. For more information see Chapter I.2.2 Act on Asylum 88

89 Administrative Procedure 61 and the provisions of Section 31 (2) of these Rules, under which asylum cases are decided by a specialised independent judge and not by the Board as it had been before. 62 In 2005 Regional Courts received, within asylum proceedings in the Czech Republic, in total 3,021 suits against decisions of the Ministry of the Interior in asylum proceedings. Regional courts issued during this period altogether 4,098 judgements. In 62.8% suits were rejected by which Regional Courts confirmed the decisions of the Ministry of the Interior. The courts discontinued proceedings in 28.5% of cases. Only in 140 (3.4%) cases courts discharged the decision taken by the Ministry of the Interior, returning the case to be assessed again at first instance. As of 31 December 2,796 suits concerning asylum were open at Regional Courts, thus the number of open suits decreased by 24.2.% in contrast to 2004, when as of the same date 3,687 cases were opened. In 2005 in total two asylum seekers lodged their cassation complaints, against judgements of the relevant Regional Courts, with the Supreme Administrative Court. Out of 2,480 decisions issued, the Supreme Administrative Court dismissed 1,236 cases (i.e. 49.8%) and in a further 708 cases the cassation complaints were rejected. 166 cases were returned for new proceedings to be commenced by a relevant Regional Court II Share of the Czech Republic in the Number of Asylum Applications Filed in European Union in 2005 Decreasing numbers of asylum seekers are not typical only for the situation in the Czech Republic but this development has been recorded for a long period of time in other European countries. The trend of a declining number of asylum seekers has lasted for several years and in 2005 there was a world record lowest ever number of applications for asylum filed since In 2005 altogether 237,840 asylum applications were recorded in the EU Member States 63. When compared with 2004 this was a decline of 15%. The most considerable year-on-year fall (by 35%) was reported from the ten new EU Member States, where in the course of 2005 in total 25,250 applications for asylum were filed. The highest number of applications for asylum within EU Member States was recorded in France (21% of the total number of applications for asylum lodged in the EU), in the United Kingdom (13 %) and in Germany (12 %). In 2005 Serbia and Montenegro, the Russian Federation, Iraq, Turkey, and Iran ranked among the principal source countries of asylum seekers in EU Member States. In spite of the decline in the number of asylum seekers in 2005, the share of the Czech Republic in the total number of applications for asylum filed in EU Member States did not change, when compared to 2004, and accounts for approximately two per cent. According to the number of applications filed in EU Member States the Czech Republic occupied 14 th position in Act No. 150/2002 Coll., the Rules of Administrative Procedure, as amended 62 In 2005 the decision-making activities of courts were affected by a lower number of asylum seekers in the Czech Republic, since the number of filed actions depends on the number of asylum seekers and issued administrative decisions (negative ones). Individual Regional Courts coped well with the large numbers of unprocessed cases which had been transferred to them from the High Court in Prague at the beginning of 2003 and took decisions, on an ongoing basis, on new actions lodged. It is estimated that about 1,760 actions have not yet been decided. 63 Source: the Report of the UN High Commissionaire for Refugees (Asylum Levels and Trends in Industrialized Countries, Third Quarter 2005), which includes 24 EU Member States, excluding Italy. 89

90 II.6.3. Minor Asylum Seekers Unaccompanied by Parents or Statutory Representatives In 2005 the situation of and care for minor unaccompanied asylum seekers was, with regard to ongoing amendments to legislative regulations and their implementation in relating national law, 64 standardised and at a very good level. Mechanisms and cooperation for all involved entities were in existence in the individual areas in question. Minor unaccompanied asylum seekers are represented by guardians appointed by courts and they reside in special educational facilities for institutional and protective education of foreign nationals. Currently there are two facilities of this type: the Facility for Children of Foreign Nationals and Educational Care Centre in Prague 4 Haje, which can accommodate fourteen children and functions as a diagnostic facility where children can reside for about two months and from which they can then be sent to the Educational Institute Permon (Pribram), the capacity of which is 45 people and minor asylum seekers undergo vocational education preparing them for a future profession. They may stay in the Educational Institute Permon even when they reach the age of 18 years if their institutional education is extended by a court or an agreement relating to vocational education. Then they may stay there until they are 26 years old. The Asylum and Migration Policy Department administratively ensures social and legal protection and corresponding residence including coordination with other entities concerned. Departments for the Social and Legal Protection of Children at Municipal Councils of municipalities with an extended scope of powers carry out, as bodies of social and legal protection, the functions of guardians in cases where parents or other relatives are absent. They propose placing a minor in diagnostic facilities (preliminary measures adopted by courts plus a proposal for institutional education), they perform supervision, and they provide necessary assistance relating to the residence of minors, searching for their parents, and so forth. Educational facilities determined for the admission of unaccompanied minor asylum seekers employ professional and specialised staff and create a multicultural environment, taking into consideration ethnic and religious differences in order to develop social and cultural habits which children have brought from their countries of origin. However, the fundamental priority is to remove language barriers. Thus individual programmes for children suffering psychical trauma and educational and adaptation programmes are developed according to the original background of those children, in the context of the individual capabilities of an individual. In 2005 in total 106 minors applied for asylum in the Czech Republic. The most numerous group, almost a half of the total number, were minor asylum seekers from China and India. The vast majority, about 90% of minor asylum seekers, were 16 and 17 years old. To amplify the above information it might be stated that only 25 unaccompanied minors applied for asylum in the standard manner, i.e. through the reception centre in Vysni Lhoty, at the international airport Prague Ruzyne 41 minors filed their applications for asylum, in diagnostic centres six minor asylum seekers applied, and in alien detention centres this option was exercised by 34 unaccompanied minor asylum seekers. 64 Act No. 325/1999 Coll. on Asylum and on the Amendment to Act No. 283/1991 Coll. on the Police of the Czech Republic, as amended (the Act on Asylum), as amended; Act No. 326/1999 Coll. on the Residence of Aliens and on Amendments to Some Other Acts, as amended.; Act No. 359/1999 Coll. on Social and Legal Protection of Children, as amended; Act No. 94/1963 Coll. on Family (the Family Act) as amended; Act No. 109/2002 Coll. on Executing Institutional or Protective Education at School Facilities and on Preventive Educational Care at Educational Facilities and on the Amendment to Some Other Acts, as amended; and Act No. 97/1963 Coll. on International Private and Procedural Law, as amended. 90

91 Minors entering the Czech Republic in 2005 unaccompanied by statutory representatives According to nationality According to the place where the application was lodged Month Nationality January February March April May June July August Septembe r October November December Total ADC Airports Prague Ruzyne RCs Diagnostic centres China Liberia Slovakia Belarus Ukraine Vietnam Mongolia Iraq Russia (Chechnya) Russia Moldova Somalia India Syria Sudan Bangladesh Armenia Not ascertained Kyrgyzstan Nigeria Romania Total According to age Age category Nationality Total According to gender Female Male China Liberia Slovakia Belarus Ukraine Vietnam Mongolia Iraq Russia (Chechnya) Russia Moldova Somalia India Syria Sudan Bangladesh Armenia Not ascertained Kyrgyzstan Nigeria Romania Total Explanation ADC Alien Detention Centre of the Czech Police; AF - RC = asylum facilities reception centres Diagnostic centres- educational centre for the execution of institutional and protective education Home for Children of Foreign Nationals 91

92 II.6.4. Dublin Centre Unit As of the date of the Czech Republic s accession to the European Union, the Dublin Centre Unit was established within the Asylum and Migration Policy Department of the Ministry of the Interior of the Czech Republic, which is responsible for implementing Council Regulation (EC) No. 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national. An important role in the process of determining the responsible EU Member State is played by the System for the Comparison of Fingerprints EURODAC, the outputs of which are used by the Dublin Centre Unit. Activities carried out by this Unit lie with processing applications for readmission or admission of asylum seekers. The Unit is Numberof cases květen 83 červen 101 červenec Number of Dublin Cases from May 2004 to December 2005 responsible for assessing whether the Czech Republic should be responsible for an asylum application and for searching for persons who are present in the Czech Republic but where another Member State is responsible for assessing their application for asylum in compliance with Council Regulation (EC) No. 343/2003. Then this Unit sends applications for readmission or admission to the Member State which should be in that particular case responsible for assessing the application for asylum in compliance with criteria stipulated in Council Regulation (EC) No. 343/2003. A similar method as that for asylum seekers is used by the Dublin Centre Unit with regard to aliens apprehended as illegal residents in the Czech Republic where at the same time it is detected that such a foreigner applied for asylum in another EU Member State. The Dublin Centre Unit also organises in cooperation with the Alien and Border Police Service and Refugee Service Administration the transportation of asylum seekers and illegally residing foreign nationals from the Czech Republic to the responsible EU Member State, in cases where such country is responsible for assessing their applications for asylum. Application of the Dublin system was, for the Czech Republic, positive in 2005, as it was in From 1 January to 31 December 2005 the Dublin Centre Unit recorded in total 1,168 cases subject to the aforementioned Regulation. Of this number, in 652 cases the Czech Republic was requested to admit or readmit asylum seekers by another Member State and this request was accepted in 397 cases. In contrast with this, in 472 cases the Czech Republic asked another Member State to admit or readmit an asylum seeker and its requests were accepted in 354 cases. Most often the Czech Republic received requests from Austria (339), Germany (157) and France (35). On the other hand the Czech Republic most frequently submitted requests for admission or readmission of asylum seekers to Poland (277), Slovakia (54), Austria (36), and Hungary (23). As regards nationalities involved in the Dublin proceedings, these persons were mostly from the Russian Federation (309), followed by India (96), Ukraine (93), Mongolia (89), and China (86). In 2005 in total 359 persons over 16 years of age were transported to the responsible Member State and during the same period 114 persons over 16 years of age were transported to the Czech 94 srpen 61 září 101 říjen listopad prosinec leden únor březen Month 97 duben 71 květen the year červen červenec srpen září říjen 120 listopad 130 prosinec 92

93 Republic, since the Czech Republic was in their case responsible for assessing their application for asylum. Asylum seekers from Germany (64) and Austria (31) were most often transported to the Czech Republic, whilst the Czech Republic transported asylum seekers most frequently to Poland (247) and Slovakia (49). II.6.5. Asylum Facilities The Refugee Service Administration of the Ministry of the Interior provides services to asylum seekers and those who have already been granted asylum, who stay in 17 asylum facilities which are divided into three types. A reception centre (RC) serves for the accommodation of aliens until steps provided for in Section are completed or for the period specified by the Act on Asylum. A residence centre (RC) serves for the accommodation of asylum seekers until a relevant decision concerning his/her asylum application comes into legal force. An integration asylum centre (IAS) serves for the temporary accommodation of those who have been granted asylum. 65 1) An asylum seeker is not permitted to leave the reception centre until: a) identification procedure pursuant to Section 47 of the Act on Asylum is completed, b) a medical examination aimed at establishing whether the participant suffers from an illness which endangers his/her life or health or the life or health of other persons is completed, c) a visa is issued to him/her in order to remain for the purpose of proceedings on the granting of asylum, until a certificate confirming the granting asylum is issued (Section 57 of the Act on Asylum), and d) quarantine or other measures relating to the protection of public health are completed, provided that these can take place in the reception centre. 2) An asylum seeker is not permitted to leave a reception centre in the transit zone of an international airport even after the acts referred to in paragraph 1 are completed. 93

94 Figure above ASYLUM FACILITIES IN THE CZECH REPUBLIC Integration asylum facility Predlice Integration asylum facility Hostka Integration asylum facility; residence centre Straz pod Ralskem Residence centre Bela pod Bezdezem Integration asylum facility Jaromer Residence centre Kostelec nad Orlici Integration asylum facility, Residence centre Bruntal Integration asylum facility, Residence centre Havirov Reception centre Vysni Lhoty Residence centre Kasava Integration asylum facility; residence centre Zastavka u Brna Residence centre Sec Residence centre Zbysov Reception centre Prague Ruzyne Key: Reception centres Residence centres Integration asylum centres The Ministry of the Interior is, under Section 80 of the Act on Asylum, the body for establishing asylum facilities and is also the exclusive administrator of reception centres. Residence centres and integration asylum centres are operated either by the Ministry of the Interior or a legal person with powers authorised by the Ministry of the Interior and who operates the centres on the basis of an agreement and is paid for doing so. Each reception or residence centre has, after approval issued by a hygienist, different levels of utilisation of capacity. The Refugee Service Administration of the Ministry of the Interior operates two reception centres, namely a reception centre in Vysni Lhoty and a reception centre in the transit zone of the Prague-Ruzyne international airport. In 2005 it was also possible to use the reception section of an asylum facility in Cerveny Ujezd for receiving asylum seekers. The mentioned section is used in emergency situations according to the necessity either in the reception or residence regime. The below survey shows that as of 31 December 2005 the full capacity of reception and residence centres was 1,714 beds 94

95 Capacity of receiving and residence centres Reception centres Type of asylum facility Number of beds Vysni Lhoty 422 Prague Ruzyne 16 Reception centres total 438 Residence centres Zastavka u Brna 234 Bela-Jezova 187 Havirov 45 Kostelec nad Orlici 300 Sec 100 Bruntal 110 Zbysov 110 Straz pod Ralskem 110 Kasava 80 Residence centres - total 1,276 Integration asylum centres serve as the first phase of integration for temporary accommodated persons who have been granted asylum. Currently seven integration asylum centres are in operation having a total capacity of 79 accommodation units (these are filled according to the size and the nature of the families to be accommodated) having a maximum capacity of 293 beds. Capacity of integration asylum centres Integration asylum centres Number of accommodation units Number of beds Bruntal 2 4 Havirov Hostka 5 22 Jaromer Predlice Straz pod Ralskem Zastavka u Brna Total Utilisation of Accommodation Capacity in 2005 In 2005 altogether 3,647 asylum seekers (new-comers including babies born during their mother s residence in asylum facilities) were accommodated in asylum facilities. In total, if basic capacity is taken into account, reception and residence centres were utilised by 55 %, however this figure includes only persons physically present in asylum facilities. Asylum seekers accommodated in a residence centre may, if they so request, leave this centre for a long period of time. In 2005 this option was used on average by 57% of registered asylum seekers. Effective of 1 January 2006 the Refugee Service Administration of the Ministry of the Interior will take over from the Czech police the operation of Alien Detention Centres, 66 namely Velke Prilepy (the Central Bohemian Region), Frydek-Mistek (the Moravian-Silesian Region) and Postorna (the South Moravian Region). At the same time a residence centre in Bela-Jezova (the Central Bohemian Region) was partially changed into an Alien Detection Centre, however its main part retains its use as a residence centre. 66 Authorisation to establish and operate Alien Detention Centres was transferred from the Police of the Czech Republic to the Ministry of the Interior by Act No. 428/2005 Coll., amending the Act on the Residence of Aliens. Within the Ministry of the Interior the Refugee Service Administration was vested with this responsibility. 95

96 Capacity of Alien Detention centres from 1 January 2006 Alien Detention Centres Moderate regime of detention Capacity Strict regime of detention Total Velke Prilepy Bela-Jezova Postorna Frydek Mistek Total FINAL SUMMARY OF THE CHAPTER In 2005 embassies and consulates of the Czech Republic granted 60,360 visas more than in the previous year. The largest numbers of visas were issued or granted by the embassies in Moscow and Kiev, the Consulate General in St. Petersburg, the Consulate General in Lvov, and the Economic and Cultural Office in Taipei. Most applications for visas were, in the year reviewed, filed by citizens of the Russian Federation, Ukraine, Turkey, Taiwan, and Belarus. Generally, it was the same representation as in In 2005 the number of foreign nationals cleared at border crossing points of the Czech Republic increased in both directions by nine million persons. During the same period of time police officers from the Alien and Border Police Service refused entry to the Czech Republic at border crossing points, under Section 9 of Act No.326/1999 Coll., to about 6,000 foreign nationals, which is 87.8 % less than in the previous year. The highest numbers among the rejected foreigners were of citizens of Ukraine, Russia, Turkey, Germany, and Serbia and Montenegro. In compliance with Union legal provisions Act No. 326/1999 Coll., on the Residence of Aliens in the Czech Republic and on the Amendment to Some Other Acts, as amended divides foreign nationals, in terms of conditions for their arrival in and departure from the Czech Republic, into two categories. The first category comprises EU nationals and other states which are parties to the Treaty on the European Economic Area (hereinafter referred to as EU nationals ). Upon certain conditions stipulated by law, family members of EU nationals enjoy a similar position with regard to the issuing of a special residence permit, even though they are not citizens of the aforementioned states. Aliens falling under the first category are permitted to enter and reside in the Czech Republic for an indefinite period only on the basis of a travel document, which may also be, in this case, their identity card, without being obliged to apply for any type of residence. However, the Act stipulates a residence institute even for this category of foreign nationals a special residence certificate which is further divided into a permit for temporary residence and a permit for permanent residence. EU nationals do not have any duty to apply for any of the aforementioned types of residence, but it is their right to do so. The second category consists of citizens of other states generally known as third countries. Aliens coming from third countries may enter the country for the purpose of short-term residence only on the basis of a valid passport furnished with a visa, unless the visa duty in relation to the country concerned has been revoked. The period of short-term residence is specified for a maximum of three months. If the purpose of residence (for example employment, business undertaking or study) requires the presence of the foreign national in the country for a period longer than three months, the foreign national must be in possession of a visa for over 90 days. If the purpose of residence exceeds a year the foreign national may apply for a long-term residence 96

97 permit. The category of permanent residence for third country nationals remained unchanged. Since 1 May 2004, there have only been changes in cases where foreigner nationals apply for this kind of residence for the purpose of living together with a citizen of the Czech Republic. As of 31 December 2005 in total 278,312 foreign nationals holding Czech residence permits lived in the Czech Republic, and of this number 110,598 aliens were in possession of permanent residence permits and 167,714 foreigners had long-term residence permits (temporary residence on a long-term visa, a long-term residence and temporary residence of EU nationals). EU nationals represented almost one third of the total number of foreign nationals having residence permits. The proportion of both categories was, contrary to that of third country nationals, in balance. In both categories relating to residence of foreigners, citizens of Ukraine, Slovakia and Vietnam had the largest numbers. This fact is also reflected in the statistical records of the economic activities of foreign nationals in the Czech Republic. The statistical records of the Ministry of Labour and Social Affairs showed that as of 31 December 2005 in total 151,736 foreign nationals were employed in the Czech Republic, of whom 55,210 persons were employed on the basis of valid work permits; further there were 93,867 nationals of EU/EEA and nationals of Switzerland, as well as 2,659 other foreign nationals who were not obliged to have work permits. Traditionally the largest numbers of workers in our labour markets came from Slovakia, Ukraine, and Poland. An increased number of registered foreign nationals who are entrepreneurs, in comparison with 2004, confirms the interest of foreigners in having businesses in the Czech Republic. As of 31 December 2005 the Ministry of Industry and Trade of the Czech Republic recorded 67,246 foreign national entrepreneurs (+2,027) and 83,841 foreign nationals holding trade licences (+3,014). Among foreign entrepreneurs in the Czech Republic were most citizens of Vietnam, Ukraine, and Slovakia. Joint controls/inspections were carried out during the year and reviewed by Labour Offices and Trade Licensing Offices in cooperation with the Alien and Border Police Service and other inspection bodies, focused on the illegal employment of foreign nationals and foreigners included in the Register of Trade Licences. The Inter-ministerial Body for Combating the Illegal Employment of Foreign Nationals evaluated such inspections positively 67. Evaluations of the Ministry of Industry and Trade demonstrated that checks on foreign nationals can be justified and can lead to a gradual enhancement of awareness of their duties within business undertaking. Czech Government Resolution No. 400 of 6 April 2005 relating to the Report on Evaluating Information Gathered by the Early Warning System for the Situation of an Unexpected Increase in the Number of Migrating Roma Community Members from Slovakia to the Czech Republic assigned the Ministry of the Interior to continue from March to July 2005 in the activities of the early warning system for the situation of an unexpected increase in the number of migrating Roma community members from Slovakia to the Czech Republic. During the monitored period, i.e. from March to August, the migration of Roma community members from the Slovak Republic to the Czech Republic increased and the forms of migration changed into a certain extent. The number of Slovak asylum seekers in the Czech Republic was growing and Slovak migrants strove to be registered in the Czech Social System in combination with working activities in the Czech Republic. This phenomenon was not seen in the previous period. The Ministry of the Interior of the Czech Republic will continue to monitor developments in 67 In order to combat illegal migration it is necessary, in cooperation with MLSA, to discuss a possibility to extend control powers of the police so that police officers are able to control illegal employment and to enter premises of employers since a foreigner who is unlawful employed, is usually a person illegally residing in the Czech Republic. 97

98 the migration of Roma member communities from Slovakia heading for asylum facilities of the Czech Republic, with an important factor being the amendment to Act No. 350/2005 Coll. on Asylum 68. The development from October until December proved that the said amendment to the Act on Asylum was successful. 69 Thus in 2005 the trend of a decline in the number of asylum seekers which started after the Czech Republic s accession to the European Union in May 2004 and continued as a consequence of application of the Dublin system. 70 When compared to 2004 the number of applications for asylum decreased by 26.3% and at the end of the evaluated period there were only 4,021 applications filed. In 2005 most asylum seekers came from Ukraine, the Slovak Republic, India, China, the Russian Federation, and Belarus. In 2005 most foreigners applied for asylum in reception centres. Although the majority (83.6%) of applications were filed in the reception centre Vysni Lhoty, the importance of the second centre at the international airport Prague Ruzyne, in terms of the number of applications filed, markedly increased (536 applications filed, which is a share of 16.4% of the total number of applications lodged in RCs and which represents a year-on-year increase of 343%). In 2005 asylum was, in the Czech Republic, awarded to 251 foreign nationals. The highest number of persons granted asylum were nationals of the Russian Federation (69) and Belarus (47), followed by Armenia (19), Kazakhstan (18), Uzbekistan (17), and Ukraine (9). The Report drawn up by the UN High Commissioner for Refugees (Asylum Levels and Trends in Industrialized Countries, 2004) shows that, as in the Czech Republic, a year-on-year decline (-15 %) was seen in the total number of asylum applications filed in the European Union. Number of asylum seekers Year-onyear change % Percentage share of the total number of asylum applications filed in Europe EU-15 (original) 241, , EU-10 (new) 38,860 25, EU , , Despite the decline in the number of asylum seekers in 2005 the share of the Czech Republic in the total number of applications for asylum filed in EU Member States did not change, when compared with 2004, and accounts for 1.8 %. According to the number of applications filed in EU Member States the Czech Republic occupied 13 th position in From 1990 to 2005 in total 81,351 aliens applied for asylum in the Czech Republic. Of this number, asylum was granted in 2,817 cases. 68 Act No. 350/2005 Coll., effective from 13 October 2005 see Chapter I.2.2. Act on Asylum 69 From 1 January until 13 October 652 asylum seekers from the Slovak Republic were registered; however only 59 Slovak nationals applied for asylum in the Czech Republic from 14 October to 31 December 2005, whilst a half of these filed their application before 20 October Asylum proceedings regarding such asylum seekers are terminated under the provisions of Sec. 25 (i) Impermissible Application - of the Act on Asylum. In the vast majority, asylum proceedings are discontinued on the second day from the filing of an application, and the immediate departure of asylum seekers from the relevant asylum facility follows without the option to lodge an action. 70 Application of the aforementioned Council Regulation No. 343/2003, establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national. 98

99 III. Illegal Migration III.1. ROUTES OF ILLEGAL MIGRATION IN THE EUROPEAN CONTEXT EU Member States have been for a long period of time one of the principal target regions for migrants coming from different parts of the world. However, migrants when arriving in EU Member States do not use only legal methods of arrival but to a large extent they come illegally. A serious consequence of illegal migration arises not only from its scope but also from its links to organised crime and related security risks, including terrorism. With regard to the nature of illegal migration it is very difficult to determine the precise number of illegal migrants in the European Union, nonetheless estimates are roughly between three to six million persons. In the course of 2005, as in previous years, about 500,000 illegal migrants entered the European Union, the target countries being predominantly the highly developed EU Member States. Main flows of illegal migration to EU Member States have not considerably changed from the long-term point of view, however routes and methods of illegal migration have changed, as a result of measures adopted within the European Union. Due to the fact that illegal migration is well organised and networks of smugglers are involved to a large extent, illegal migration can adapt to such measures. Migration routes across Turkey Currently the African continent is considered to be a main source region of illegal migration. In the light of a rapid population growth which is not supported by adequate economic development, it might be assumed that migration pressure from this region will become stronger. The situation is supported also by an unstable political and security situation in a number of African countries. Mainly the sub-saharan region is the source of an increase in the number of illegal immigrants (Mali, Guinea, the Ivory Coast, Ghana, Sudan, Liberia, Nigeria, Cameroon, Senegal, 99

100 and Guinea Bissau). The route of illegal migrants from this region leads especially across Algeria to Morocco, across the Spanish enclaves (Ceuta and Melilla),and then to the Spanish inland. Illegal migrants more increasingly used a route from the Libyan coast to Italy. For a long period of time the African countries of Maghreb have been an important source of illegal migration, while the target of this migration wave is, apart from Italy and Spain as previously mentioned, also France. Migration from the Asian continent flows to Europe in two main streams. The southern route, where the gathering point before entering the EU is traditionally Turkey, is used primarily by migrants from the countries of the Middle East and central Asia (Iraq, Pakistan, India, Afghanistan, Bangladesh, and Iran), with the main entrance countries being Italy and Greece. The second migration flow directs to the eastern border of the EU where new EU Member States (Poland, Slovakia and in terms of transit also the Czech Republic) are the main entrance points. Significant transit points on this route are Moscow and Kiev, while entry across the eastern border of the EU is used predominantly by citizens of China and the former Soviet Union countries (especially those situated in the regions of the Caucasus). Illegal migration from South American countries is not presently so significant, in terms of the numbers of immigrants, as migration from the above-mentioned regions, and it has an important impact only on several EU Member States (the United Kingdom, Spain, France, Portugal, and Italy), especially due to historical links. This migration is motivated by economic problems and the principal source countries are Brazil, Bolivia, Ecuador, Venezuela, and Columbia. III.2. ILLEGAL MIGRATION IN THE CZECH REPUBLIC The Czech Republic is not an exception and every year it must cope with an influx of immigrants from various corners of the world. The majority of these reach the country with the assistance of a highly organised system of groups of smugglers as part of a profitable illegal trade. The manner of illegal transfer of people across the territory of the Czech Republic, as well as entry to or departure from the country, saw changes in 2005 with regard to how migrants are transported and how entry to the country is organised. Evaluation of information collected showed that some criminal organisations changed the places and localities used for the smuggling of foreign nationals across the Czech national border. To this end, routes of smugglers changed and are still changing on an ongoing basis. It must be emphasised that the main managing links within smuggling networks operating in the Czech Republic are foreign nationals in possession of longterm or permanent residence permits. The risks of illegal migration are not only the obviously unlawful profit of organisers, inhuman conditions of the persons transported, but also the economic and social impacts this activity has on the whole society of the host country. It must also be stressed that illegal migration penetrates various areas of society, including criminal activities and organised crime. It relates to cross-border crime, organised smuggling of people across the national border and trafficking in human beings, and may have links to international terrorism. Persons who have contact with international crime and terrorism may reside in the Czech Republic under a false identity and possessing irregular travel documents. Foreign nationals who have entered a country legally on the basis of an entry visa granted - where the visa duty has not been abolished in relation to the state concerned - represent a significant category of illegal migrants. Notwithstanding the purpose of their entry, they often exceed the period of authorised residence. To make light of the problem of illegal migration and to accept the above-mentioned tough conditions of transported persons or their contribution to staffing unattractive sectors of the host country labour market would be to express misunderstanding of a range of serious circumstances and displays only a cursory knowledge of the issue in question. This may be confirmed also by the 100

101 fact that many foreigners apply for asylum at the moment when their illegal residence in the Czech Republic is revealed and not when they enter into Czech Republic. The Czech Government ranks the elimination of illegal migration as being among its most important strategic interests and combating illegal migration is considered to be a priority of security policy in the field of public order and internal security of the state. In this stance, the Government also satisfies one of the priorities of the Hague Programme which is that of managed migration and involves, inter alia, a stronger fight against illegal migration, smuggling across borders and trafficking in human beings, particularly women and children. Illegal migration refers in the Czech Republic to: detected cases of people 71 penetrating the territory of a country across its borders illegally for varying reasons and illegal departures from a country; detected cases of illegal residence of foreign nationals inland, i.e. violation of residence rules valid for foreigners. Illegal migration in the Czech Republic Illegal migration Year Across the national border of the Czech Republic 23,705 29,339 44,672 32,325 32,720 23,834 14,741 13,206 10,695 5,689 (hereinafter NB CR) year-on-year change 4,533 5,634 15,333-12, ,886-9,093-1,535-2,511-5,006 in % violation of residence rules (hereinafter VRR) year-on-year change Explanation: * June to December Not reviewed *11,970 22,355 18,309 19,573 21,350 16,696 9,800 * -4,046 1,264 1,777-4,654-6,896 In 2005 the situation regarding illegal migration in the Czech Republic can be described by decreasing numbers of persons detected as illegal migrants and more frequent apprehension of persons who for illegal migration forged, altered or otherwise falsified their travel documents or travel documents belonging to other persons (hereinafter referred to as irregular travel documents ). Such trends have continued from the second half of 2004 and they are directly connected to the integration of the Czech Republic in the European Union. Illegal Migration in the Czech Republic across the Czech national border and violation of residence rules přes SH ČR PPR 71 The term people/persons refers to both Czech and foreign nationals. 101

102 Explanation: blue = across the Czech national border (NB CR); purple = violation of residency rules (VRR) 5,689 across the NB 100 % = 15,489 persons Illegal Migration in the Czech Republic in % 63 % 9,800 violation of residence rules A decline in the number of detected persons was seen in both categories of illegal migration. According to reports of Alien and Border Police Service units (or other Czech police services) in total 15,489 persons ( persons, i.e %) were detected as illegal migrants. Of the stated number, 5,689 persons were detected when attempting to cross the Czech national border illegally (-5,006 persons, i.e %), and 9,800 were persons who violated residence rules (-6,896 persons, i.e %). With respect to illegal migration across the national border, higher numbers were reported in the first third of the year (with the exception of February, when the situation at the national border was affected by snow) and then during the summer months, when the situation was influenced by Czech tourists and tourists from other countries of the European Union who breached rules at the national border at places which are not determined for its crossing. Higher monthly numbers relating to illegal migration were reported with regard to the second category, i.e. violations of residence rules. The highest number of persons was detected in August. Detected numbers in this category depend rather than on external conditions on inspection and security actions, or on the fact that the Czech police have limited possibilities - resultant from legal regulations regarding where they can carry out inspections of residence (restrictions in the case of flats, companies, construction sites, and so forth). Illegal migration in the Czech Republic in 2005 Month in 2005 I II III IV V VI VII VIII IX X XI XII In total Illegal migration in the Czech Republic (persons detected) Total 1,386 1,184 1,372 1,459 1,166 1,237 1,447 1,548 1,205 1,204 1,109 1,172 15,489 of them across NB CR ,689 VRR ,800 Statistical records of illegal migration across the national border include, according to the national methodology, all persons who were detected by border protection bodies whilst crossing the border of the Czech Republic illegally or demonstrably attempting to do so. The most significant procedural differences when compared to 2004 were reported with regard to persons who were detected when illegally crossing the Czech national border from the Czech Republic while having legal residence in the country. This was affected mainly by the lower numbers of persons who attempted to cross the national border whilst at the same time undergoing proceedings for the granting of asylum (in particular citizens of Russia Chechnya, but also nationals of Georgia). This influenced the situation in the territory administered by ABPS TDCeske Budejovice as well as at the border with Austria, where such persons usually wanted to reach. As regards the category of illegal migration through violation of residence rules, both those persons whose unauthorised residence was detected in Czech inland and those persons whose unauthorised residence was detected when they wanted to leave the Czech Republic were reported. 102

103 This type of illegal migration cannot be underestimated either by remarking that these persons were detected when intending to leave the country. Thanks to border checks it is possible to reveal, inter alia, persons who escaped residence controls because they had lived in the Czech Republic in private flats or directly in enterprises or companies where ABPS could not carry out inspections. Foreigners usually have imposed upon them a fine and their entry into the Czech Republic is prohibited for several future years. Distribution of both categories of illegal migration within the territories of individual ABPS TDs and according to sections of the Czech national border depends on the specificities of given regions. For example, the territory of ABPS TD of Prague offers, due to its geographical location and presence of the largest city in the Czech Republic, conditions for illegal migration through violations of residence rules. On the other hand, the ABPS TDs of Usti nad Labem and Ceske Budejovice are directly affected by a current flow of illegal migration across the national border, i.e. in the direction from the Czech Republic to Austria and/or Germany. The situation at the border with Poland can be described by the number of persons revealed as illegal migrants in the territory of the ABPS TDs of Ostrava and of Hradec Kralove, both in cases of illegal migration across the national border and of unauthorised residence in the Czech Republic, while such illegal residence is usually detected by checks at border crossing points. Most frequently these were nationals who decided to cross the border with Poland in their journey to and from the Czech Republic. The national border with Poland was affected most of all in terms of overall illegal migration. There was illegal migration across the national border and illegal migration through violation of residence rules which was detected at the national border crossing points when such persons attempted to leave the Czech Republic. Illegal migration in the Czech Republic 2005 From 1 January to 31 December TD of ABPS Total number of detected persons of them illeg. mig. Total Number of them illeg. mig. Total Number of them illeg. mig. VRR of across of across across persons VRR NB CR persons VRR NB CR NB CR detected detected data is expressed as % Total 15,489 9,800 5, of them TD of ABPS Brno Ceske Budejovice 1, , Hradec Kralove 2,012 1, Ostrava 2,948 2, Pilsen 1, Usti nad Labem 2, , Prague 4,897 4, of them NB of the Czech Rep. air border - airports with Poland 3,771 1,806 1, with Austria 1, , with Slovakia with Germany 1, , unidentified - inland 7,655 7, Provided that an illegal migrant is detected when attempting to cross the national border by a relevant authority of a neighbouring (or any other) country, such person is usually immediately returned to the Czech Republic under a relevant readmission agreement. Exceptions are situations 103

104 when a foreign national, after his/her illegal entry to a neighbouring state, applied for asylum. However, even in such cases the persons in question are returned to the Czech Republic within the Dublin system if it is ascertained that the Czech Republic was the first EU Member State where the foreigner could apply for asylum or if such foreigner had been already an asylum seeker in the Czech Republic. In the Czech Republic, if a foreigner is detected as an illegal migrant (in this case especially illegal migration through violation of residence rules) by police officers from units other than border police units, or if such person is detected by authorities other than police authorities (such as customs administration, the municipal police, different security agencies), the person is usually transferred to a relevant unit of the ABPS which takes the necessary steps relating to the detention of the given person, the verification of his/her identity, respective administrative banishment, application for asylum, and so on. The same applies to some persons who come directly to units of the ABPS or to other police units themselves. In such cases some persons are aware, from the very beginning, that they have resided in the Czech Republic illegally, while the others are informed of such fact when they come to Czech police units to solve a different problem (the extension of residence permits, loss of documents, and so forth). Some of these people solve their situation by applying for asylum in the Czech Republic, whereas others receive an exit order with a specified date by which time they are obliged to leave the Czech Republic, including a fine, or they receive a decision on their administrative banishment (deportation). With regard to nationalities, the most numerous group of illegal migrants were in 2005 citizens of Ukraine (7,450 persons, i.e % of the total number of illegal migrants, i.e. 15,489 persons), especially thanks to the number of persons who were detected when illegally residing in the Czech Republic. Nationalities are distributed within individual categories unequally. This depends mainly on the position the Czech Republic takes towards such countries. For citizens of some countries the Czech Republic is exclusively, or at least to a large extent, a transit country, however members of other nationalities settle in the Czech Republic mainly for economic reasons and integrate into existing communities of their compatriots who reside in the Czech Republic legally. If they stay in the Czech Republic for a period exceeding their permitted residence without a travel document, work permit or any possibility to earn money legally, they will often perform illegal work or even commit criminal offences. Among persons who were detected in 2005 attempting to illegally cross the national border were quite often EU nationals, who do not occur very often in the category of violations of residence rules. These are particularly cases whereby such persons were, in the past, issued a decision on administrative banishment which they did not respect, or in cases where they were residing in the Czech Republic without valid documents. If we do not take into account EU nationals, then illegal migrants across the national border were in 2005 mainly citizens of the Russian Federation, Ukraine, and China; and in the category of violation of residence rules the citizens of Ukraine dominated, followed by citizens of Vietnam and China. As for Chinese nationals, and partially citizens of Vietnam and Mongolia, both categories of illegal migration overlap in cases where persons who are detected as illegal residents within the Czech Republic are detected as having entered the country illegally. More data on the most frequently detected nationalities in individual categories is included in relevant Chapters of this Report. 104

105 Illegal Migration in the Czech Republic 2005 TOP 10 From 1 January to 31 December VRR Persons detected Illegal migration in the Czech Republic i.e.% Across NB Persons detected Total 9, Total 5, of them the 10 most frequent nationalities (TOP 10) i.e.% of Czech citizens foreign nationals 4, of them the 10 most frequent nationalities (TOP 10) Ukraine 6, Russia Vietnam Ukraine China Poland Belarus Germany Russia China Moldova India Slovakia Moldova Rumania Bulgaria Mongolia not detected Germany Mongolia Key: in bold type = citizen of a non-neighbouring country, regular type = citizen of the Czech Republic and of a neighbouring country III.3. ILLEGAL MIGRATION ACROSS NATIONAL BORDERS Illegal migration across national borders refers to situations where people (both foreigners 72 and Czech citizens) cross the national borders of the Czech Republic illegally for various reasons. This includes cases detected of foreigners entering the territory of the Czech Republic without permission, and of foreigners leaving its territory without permission or foreigners demonstrably attempting to leave the country. This term also refers to the use of irregular travel documents, and situations where a foreigner tries to enter the Czech Republic despite the fact that s/he cannot obtain permission for entry because of a continuing expulsion sentence imposed by a court or an effective administrative banishment order. This Chapter describes cases which are detected by the authorities of the Czech Republic or neighbouring countries. Illegal migration across the national border - history Year Illegal migration across the national border of the Czech Republic Total number of detected persons year-on-year change situation 23,705 29,339 44,672 32,325 32,720 23,834 14,741 13,206 10,695 5,689 absolute figures 4,533 5,634 15,333-12, ,886-9,093-1,535-2,511-5,006 % The development in the situation concerning illegal migration across the national border has seen a downward trend since 1999, when the situation in the former Yugoslavia calmed down. Another breakthrough was seen in 2002 in particular thanks to the decrease in illegal migrants from Romania across the national border of the Czech Republic when the visa duty for Romanian nationals was abolished within the EU. A considerable decline was reported in In terms of security, a serious risk is mainly the illegal migration of foreign nationals across the national border. 105

106 Illegal Migration Across the Czech National Border In 2005 illegal migration across the Czech national border can be essentially divided into several stages. The first stage covers the period from January to April and also partially May. This period saw one of the highest monthly numbers of foreigners detected attempting to illegally cross the Czech national border. Most frequently apprehended were citizens of Russia, Moldova, Ukraine, and China. During the summer months the share increased of Czech and EU nationals who did not respect the border regime in the context of their holiday activities in the borderlands. This situation persisted until September when the share of the above persons started to drop and at the same time the illegal migration of citizens of India increased, first only in the direction to the Czech Republic, but in December also in the direction from the Czech Republic. At the end of the year higher numbers of citizens of Mongolia, the Russian Federation, and Vietnam were reported. Illegal migration across the national border of the Czech Republic Month in 2005 I II III IV V VI VII VIII IX X XI XII Total Illegal migration across the national border of the Czech Republic Total number of persons detected ,689 of them Foreign nationals ,745 Certain common links between these stages are the utilisation of irregular travel documents, which were used in equal numbers throughout all months of the year, and also the very low numbers of foreign nationals who were detected when illegally crossing the border from Slovakia to the Czech Republic. As a result of application of the Dublin system (since May 2004) the number of foreigners who intentionally applied for asylum on the border crossing points of the Czech Republic and then who misused asylum facilities for illegal migration from the Czech Republic has decreased. This measure affected mainly Chechnyan citizens of Russia, who used this manner of illegal migration in 2003 and in the first months of 2004 on a large scale. With regard to persons who try to illegally cross the national border of the Czech Republic, the number of those who attempt to illegally depart from the country prevails over the number of those attempting to enter illegally. Some of such persons enter the Czech Republic legally, however they wish to leave it illegally. Since the Czech Republic joined the European Union the abolishment of customs clearance at border crossing points and an increase in the number of trucks transporting goods across the Czech Republic have played an important role. To that effect, it is necessary to take into account changes in illegal migration across the national border, mainly in its organised form. When exposing illegal migration across the national border, maximum efforts must be devoted to this problem and the professional competence of police officers is necessary since the simplified clearance of persons and the above-mentioned abolishment of customs controls make it more difficult to reveal persons who are transported across the Czech national border hidden in motor 106

107 vehicles, or who travel in the cars with EU identification signs, or who identify themselves with forged or altered EU travel documents. 73 Upon the above described facts it might be said that the actual number of persons illegally transported across the Czech national border is substantially higher than is possible to detect. In combating illegal migration, cooperation with other units of the Czech police is required, mainly collaboration with the Unit for Combating Organised Crime of the Criminal Police and the Investigation Service of the Czech Police, and with police forces of neighbouring countries III.3.1. Numbers of Migrants and their Nationalities In 2005 in total 5,689 persons who illegally crossed the Czech national border or who demonstrably attempted to do so (-5,006 persons, i.e %) were detected. Of this number 944 were Czech nationals (-318 persons, i.e %) and 4,745 were foreign nationals ( persons, i.e %). As individual sections of the Czech national border have their specific features, each nationality is, in terms of illegal migration, typical and can be distinguished from the others. The composition of illegal migrants by nationality has been changing over time, depending especially on the situation in the countries of origin, legal modifications in both transit countries and target countries, and on the measures adopted by individual countries in connection with national border protection. Since 1993 nationals of European countries have represented the largest group among persons detected in relation to illegal crossing of the national border, while the proportion of nationals of other continents, in particular Asia, whose inhabitants form the second largest group of illegal migrants across the Czech Republic, has changed during the years. The same may be said about the year Of the total number of persons detected when illegally crossing the Czech national border, the vast majority came from European countries (3,976 persons, i.e %) and from Asia (1,362 persons, i.e %). However, both continents demonstrated a year-on-year decline. The number of persons who came from European countries decreased, in comparison with the previous year, by 3,850 persons (-49.2 %), which was affected mainly by the increase in the share of Russian nationals. A similar fall was reported among persons coming from Asian countries (-1,199 persons, i.e %), especially Not identified 4.0% Europe 69.9% America 0.6% Australia an Oceania 0.04% Asia 23.9% 73 Persons who illegally cross the Czech national border and predominantly persons who assist them to do so, abuse selective clearance at national border crossing points. Therefore police officers concentrate mainly on third country nationals. For example third country nationals who use irregular travel documents travel in vehicles with EU identification plates and can easily avoid border clearance. The same applies to persons transported across border crossing points in trucks or vans or even hidden in car trunks, the occurrence of which became more frequent after 1 May Africa 1.6

108 due to the decline in the number of Chinese nationals. An increase was registered with regard to persons migrating from Africa, by 11.1% (however, in absolute numbers this means an increase of nine people). Illegal migration of foreign nationals across the national border of the Czech Republic according to their division into EU nationals and third country nationals 74 was in the year reviewed as follows. Out of the total number of 4,745 foreigners the share of third country nationals in the total migration of aliens across the national border of the Czech Republic accounted for 79.7 %. Thus their proportion is considerably lower than in the same period of 2004 (86.7 %). Illegal migration across the national border of the Czech Republic comparison with the same period of 2004/ aliens Period 1 Jan 31 Change in comparison with the previous 1 Jan 31 Dec Dec period Year 2004 i.e.% 2005 i.e.% [ %] absolute figure Illegal migration across the Czech NB Total number of persons detected 10, , of them foreigners 9, , of them third country nationals 8, , When entering and residing in the Czech Republic, foreign nationals are not subject to the same conditions, since nationals of some states are subject to visa duty. Among foreigners (4,745), who during the year 2005 crossed the Czech national border illegally or demonstrably attempted to do so, there were 3,414 persons (-4,141 persons, i.e.-54.8%) subject to visa duty. The number of foreigners who were not subject to visa duty saw a year-on-year decrease as well. In relation to illegal crossing of the national border 1,331 persons (-547 persons, i.e %) were detected. Illegal migration across NB CR - foreigners subject to visa duty in order to enter and stay in CR and those not subject to visa duty - comparison of the same periods of 2004/2005 Period of 1 Jan 31 Dec 1 Jan 31 Dec Change as compared with the previous period the year 2004 i.e.% 2005 i.e.% V [ %] absolute figure Illegal migration across CR border -number of people detected 10, , ,006 of whom FOREIGN NATIONALS 9, , ,688 Total FOREIGNERS 9, , of whom NOT SUBJECT TO VISA DUTY 1, , SUBJECT TO VISA DUTY 7, , ,141 of whom when entering the Czech Republic 1, , NOT SUBJECT TO VISA DUTY SUBJECT TO VISA DUTY 1, of whom when leaving the Czech Republic 7, , ,281 NOT SUBJECT TO VISA DUTY 1, SUBJECT TO VISA DUTY 6, , ,858 Note: Foreign nationals subject to visa duty are classified as such after the introduction of the visa duty for the relevant state Quite a considerable decline, when compared to 2004, was reported with regard to foreign nationals subject to visa duty. Such decline related to the fact that in several recent years illegal 74 See Chapter II.1. TYPES OF RESIDENCE 108

109 migration across the national border has concerned mainly foreign nationals subject to visa duty for entry into and residence in the country, such as citizens of the Russian Federation, China, Ukraine, Moldova, Mongolia, and so forth. Illegal migration of persons coming from those countries whose citizens are subject to visa duty the Czech Republic was detected at the national border in both directions; to and from the Czech Republic. Citizens from the countries which are not subject to visa duty are usually detected when they try to illegally leave the Czech Republic. In the direction to the Czech Republic these were for example persons banned from entering the country and who did not respect previous administrative banishment or who did not meet any other conditions for entry. Among such illegal migrants were, apart from citizens of neighbouring countries, citizens of Bulgaria and Romania. In such cases they were mostly detected at the border with Poland and they were suspected of having attempted to illegally enter Poland from the Czech Republic. Considerably lower numbers of such foreigners were apprehended at the border with Germany or Austria when trying to reach those countries, or when trying illegally to enter the Slovak Republic. The largest groups of foreign nationals who were, in 2005, registered by units of the ABPS when illegally crossing the Czech national border, were nationals of the Russian Federation, Ukraine, and China. However, all these nationalities saw a year-on-year decline. Application of the Dublin system had a positive affect with regard to the issue of illegal migration across the national border of the Czech Republic with regard to citizens of the Russian Federation, because these were the citizens against who the Dublin procedure 75 was used and it usually showed that they had been or were asylum seekers in the Czech Republic. With respect to the protection of the national border 661 nationals of the Russian Federation who were illegal migrants were detected during the period reviewed. This number accounts for 11.6 % of the total number of illegal migrants detected. Their year-on-year decline was -82.3% (the absolute figure represents 3,064 persons). The direction of illegal migration of these nationals across the territory of the Czech Republic however did not change since most persons were detected when leaving the Czech Republic for Austria, as in previous years. Apart from lower numbers the situation concerning citizens of Ukraine (612 persons, -266 persons, i.e %) did not Illegal migration across the national border - nationalities change much when compared to In the majority of cases these were persons who 100 % = 5,689 persons transited across the Czech Russia Ukraine 11.6% Republic identifying themselves 10.8% China Other 4.6% with irregular travel documents, India 44.3% 4.1% in particular Polish and Lithuanian ones. Some of them used an irregular travel Syria Moldova document when entering the 0.8% 4% Czech Republic, whilst the Bulgaria others arrived in the Czech 3.8% Kyrgyzstan Republic legally using their 1.1% Mongolia Vietnam Belarus 3.3% own documents and valid visas. 2.1% 2.7% Citizens of Ukraine were, in Turkey 2.2% Romamia 2.2% Georgia 2.4% 75 See Chapter II.6.4. Dublin Centre Unit 109

110 2005, detected mainly in the direction from the Czech Republic to Germany and Austria and for their departures they used also airports. In the direction to the Czech Republic they used especially the border with Poland. In 2005 there were roughly about four times less citizens of China than in 2004 (261 persons, -748 persons, i.e %). Most of these persons were detected in the direction from the Czech Republic to Germany (approximately 65.5 %). In the second half of the year they were more often reported as illegal migrants across the air border, using irregular travel documents. Chinese nationals almost always use the services of smuggling organisations, are transported hidden in vehicles, and use irregular travel documents of those countries which are not subject to visa duty in the Czech Republic and other EU Member States. Thus it is more than probable that the real numbers of Chinese nationals who are transported via a typical route from Slovakia throughout the Czech Republic to Germany are substantially higher than those detected. This assumption is underpinned by the fact that, of the total number of citizens of China (261 persons) who were detected when illegally crossing the national border in 2005, 97 persons (i.e %) were found hidden in vehicles. The assistance of smugglers was detected in 159 cases (i.e % of 261 Chinese nationals who were detected when illegally migrating across the Czech national border). As compared to 2004, citizens of India and Mongolia became among the ten most numerous groups of foreign nationals in statistical records of illegal migration across the national border in Citizens of India (235 persons, +86, i.e %) moved to fourth place in the statistical records of illegal migration in 2005 thanks to the development in the last four months of the year, during which these nationals applied in large numbers for asylum at the Prague Ruzyne airport. They were persons detected in the transit zone without any air tickets or travel documents. Concerns that a part of the tactics used by citizens of India is to misuse the asylum procedure for their illegal migration from the Czech Republic to Germany and Austria were confirmed very soon. Due to citizens of India the share of asylum seekers in the total number of persons detected as illegal migrants across the Czech national border increased markedly towards the end of the year. 76 Citizens of Mongolia (188 persons, +67 persons, i.e %) were detected when attempting to illegally depart from the Czech Republic (183 persons, i.e %). These were people who entered the Czech Republic either illegally or legally, although legal entries prevailed. They usually were attempting to go from the Czech Republic to Austria, where they applied for asylum. When doing so they were often backed by Mongolian nationals residing in the Czech Republic legally (residence permits). Of the total number of 188 nationals of Mongolia, 11.7 % were asylum seekers in the Czech Republic. The number of Mongolian nationals who were detected in 2005 as illegal migrants across the national border by border protection bodies of the Czech Republic and of neighbouring countries was higher in the second half of the year, while their highest numbers were reported in December. 76 For more information see Chapter III.6. SHARE OF ASYLUM SEEKERS IN ILLEGAL MIGRATION 110

111 Illegal migration across the NB of the Czech Republic TOP 10 the same period of 2004/2005 Illegal migration across the NB of the Czech Republic 1 Jan 31 Dec 2004 persons detected i.e.% 1 Jan 31 Dec 2005 persons detected i.e.% Total 10, Total 5, of them Czech nationals 1, of them Czech nationals foreign nationals 9, foreign nationals 4, of them 10 most frequent nationalities (TOP 10) of them 10 most frequent nationalities (TOP 10) Russia 3, Russia China 1, Ukraine Ukraine Poland Georgia Germany Poland China Germany India Moldova Moldova Vietnam Bulgaria Bulgaria not detected Romania Mongolia Key: in bold type non-neighbouring country; in regular type neighbouring country A year-on-year increase in numbers was also seen among some other nationalities, for example among citizens of Belarus (154 persons, +91 persons, i.e %), followed by citizens of Turkey (124 persons, +33 persons, i.e %), Kyrgyzstan (64 persons, +11 persons, i.e %), and Syria (48 persons, +32 persons, i.e %). As regards citizens of Belarus, the number of persons travelling with irregular travel documents, in particular documents of Lithuania, increased. Of the total number of 154 persons, 9 % were recorded as asylum seekers in the Czech Republic. Nationals of Belarus mainly headed in a direction towards Austria. Citizens of Turkey were detected mainly during the first half of the year and during the following months their numbers dropped. They were apprehended both in the direction from the Czech Republic, most often to Germany, and in the direction to the Czech Republic. The illegal migration of citizens of Kyrgyzstan was in 2005 of a similar nature to that of citizens of Russia. Their route usually led from Poland to the Czech Republic and further to Austria. They were detected both when they attempted to enter the Czech Republic illegally from Poland (or when such entry was detected inland), or when they intended to leave the Czech Republic for its southern neighbours. In contrast to the aforementioned, citizens of Syria demonstrated elements common with the illegal migration of Indian nationals. The majority of citizens of Syria were detected as illegal migrants at airports in the Czech Republic, mainly in the second half of the year. The distribution of nationalities at individual sections of the national border differed. While at the border with Slovakia and Poland the largest groups of foreign nationals were citizens of neighbouring countries or of other EU Member States, at the border with Austria they were mainly citizens of Russia and Mongolia, and at the border with Germany were nationals of Ukraine and China. 111

112 Illegal migration across the national border of the Czech Republic TOP Illegal migration across the NB of the Czech Republic 1 Jan 31 Dec 2005 national border of the Czech Republic with Germany with Austria with Slovakia with Poland persons persons persons persons i.e.% i.e.% i.e.% detected detected detected detected Total 1, Total 1, Total Total 1, of them of them of them of them 10 most numerous nationalities (TOP 10) 10 most numerous nationalities (TOP 10) 10 most numerous nationalities (TOP 10) 10 most numerous nationalities (TOP 10) Ukraine Russia Slovakia Poland not China Mongolia ascertained Germany Moldova Ukraine Romania Bulgaria Turkey Georgia Bulgaria Russia Vietnam Belarus China Ukraine not ascertained Moldova Moldova Romania Russia Kyrgyzstan Ukraine Netherlands Germany China Syria Moldova Belarus Germany Iraq Kyrgyzstan Serbia and Montenegro India Vietnam Vietnam Key: in bold type non-neighbouring country; - in regular type neighbouring country The share of citizens of the Czech Republic in the total number of persons detected when illegally crossing the Czech national border differs depending on the total number of foreign nationals. During the year it is usually higher in the summer months because of holidays and in winter months it depends on ski tourism. i.e.% Illegal Migration Across the National Border of the Czech Republic občané ČR cizinci Key: blue = citizens of the Czech Republic; purple = foreign nationals A shortening of journeys and unfamiliarity with the area during sports activities and hiking are among the most frequent reasons why citizens of the Czech Republic cross the national border of the Czech Republic illegally. However, there are among them also persons who assist foreign nationals in crossing the national border, who commit criminal activities in a neighbouring country, who transport goods outside of border crossing points, who travel with irregular travel documents, and so forth. During the year 2005, border protection authorities reported 944 citizens of the Czech Republic who were detected when illegally crossing the Czech national border (-318 persons, i.e %). It is the lowest ever number since 1993, which perhaps relates to the change to the regime for crossing borders after the Czech Republic s accession to the European Union. Despite the above-mentioned, Czech citizens percentage share of the total number of persons detected when illegally crossing the Czech national border increased from 11.8 % to16.6 %. 112

113 III.3.2. Illegal Migration Routes Figure: Illegal migration across the border of the Czech Republic Even after its accession to the European Union the Czech Republic remains for third country nationals a transit country. This is true mainly of persons who apply when entering the Czech Republic for asylum, or who apply for asylum when inland. However, their target countries are situated to the west or south of our borders, or even overseas. Thus these applications for asylum in the Czech Republic is only a means to meet their objective. Of the total number of 5,689 persons who were detected when attempting to cross the national border of the Czech Republic illegally in 2005 the majority (3,559 persons, i.e %) were detected in the direction from the Czech Republic. However, when the numbers are compared to the previous year, the number showed a larger decline (-4,384 persons, i.e %) than the number of persons in the direction to the Czech Republic (2,130 persons, i.e persons, i.e %). When evaluating the year 2005 as a whole, it may be stated that the main illegal migration route remained the same as in 2004 and led for persons entering the Czech Republic mainly illegally from Poland across the Czech Republic to the Austrian border, however in comparison with previous years people entered the Czech Republic from Poland more often illegally. Citizens of China were detected mainly at the border with Germany, often hidden in means of transport. The number of persons detected at all sections of the national border of the Czech Republic saw a year-on-year decline with the exception of the air border (630 persons, +370 persons, i.e %). The lower numbers, when compared to 2004, were also reported by all ABPS TDs, except for the ABPS TD of Prague (629 persons, +359 persons, i.e %) which relates to the situation at the Prague-Ruzyne airport. As regards air borders illegal migrants were almost exclusively detected when travelling via the Prague-Ruzyne airport (629 persons, +369 persons, i.e %), and one person was returned to the Czech Republic from the United Kingdom via the Brno-Turany airport. In general, this section of the national border reported mainly persons who travelled to the Czech Republic (424 persons, +255 persons, i.e %). An increase in the numbers of persons detected as illegal migrants across the air border reflects a more frequent use of irregular travel documents, which will be evaluated in the relevant Chapter, and the efforts of citizens of India who, especially in the last third of the year, applied at the Prague Ruzyne airport for asylum. These were people who were detected by police officers of ABPS in the transit zone of the airport and who were not able to identify themselves by travel documents, air tickets or any other identity cards. Then within the administrative proceedings these people applied for asylum in the Czech Republic. It was a new, or innovated tactic in illegal migration of these nationals, therefore they are given attention in this Report. 113

114 In the light of the findings gathered during past years about the illegal migration of Indian nationals it could be assumed at the very beginning that it was a new trend and that they would soon begin to abuse the asylum procedure for illegal migration 77 as were persons coming from Chechnya. The assumption of the possible abuse of asylum proceedings was confirmed during the last weeks of 2005, since during November and December the police detected 40 citizens of India who tried to illegally cross the Czech national border to Germany and Austria. In 90% of cases these were people who were registered as asylum seekers in the Czech Republic. It was usually ascertained that they had applied for asylum several weeks or months earlier directly at the Ruzyne airport. International airports will remain in the future for the Czech Republic the external border of the Schengen area, therefore both Czech authorities and EU bodies devote large attention to their operations and security. Airports take on more staff and are better equipped. Thus the control of the air borders is also one of the fundamental areas which evaluation missions for assessing the preparedness of the Czech Republic for its accession to the Schengen area focus on. Illegal migration across the NB of the Czech Republic NB sections comparison of the same period of 2004/2005 Period of Change as compared with the 1Jan 31 Dec 1Jan 31 Dec previous period year 2004 i.e.% 2005 i.e.% v [ %] absolute figure Illegal migration across the NB of the Czech Republic Persons detected 10, , ,006 from the Czech of them Republic 7, , ,384 to the Czech Rep. 2, , of them at the Czech NB with Poland 2, , with Germany 2, , ,224 with Austria 4, , ,043 with Slovakia Czech airports inland In 2005 the highest percentage of persons detected in relation to illegal migration across the national border was reported on the section of the national border between the Czech Republic and Poland, where 1,965 persons (-403, %) were registered. When compared to 2004, the share of the national border with Poland increased from 22 % to 34.5 %, and moreover the year-on-year difference was by far the lowest when individual Czech border sections are compared. This fact, of course, relates to the nature of illegal migration on this section. A great part of the persons detected were citizens of the Czech Republic and EU nationals who breached the national border regime as tourists, sportsmen, when doing shopping or whilst visiting restaurants and similar facilities. Most persons from the Czech Polish section of the national border were reported by basic units of the ABPS TD of Hradec Kralove (958 persons, -330 persons, %). Of the stated number 1,965 persons were only 627 third country nationals (i.e %). Among them the number of persons detected in the direction from the Czech Republic prevailed 77 The Decree laying down the group of foreign nationals who are permitted to stay in the transit zone of an international airport in the Czech Republic only on the basis of a granted airport visa which was published in the Collection of Laws under number 446 on 3 November 2005 included in the relevant list citizens of India. The Decree came into effect on 24 November

115 with the most numerous being citizens of Bulgaria and Romania who resided in the Czech Republic legally but who travelled in the borderlands. Such persons were reported mostly by units of the ABPS TD of Usti nad Labem. In the direction from Poland to the Czech Republic, of the total number of 263 third country nationals, most were people travelling with irregular travel documents and citizens of Russia (nationals of Chechnya, Dagestan and so forth.), who were striving to enter the Czech Republic illegally in order to transit across the country to the border with Austria. As early as in 2002 the number of persons crossing the border section between the Czech Republic and Austria as a share of the total number of persons detected as illegal migrants increased, and especially as a consequence of the illegal migration of citizens of Russia (people coming from Chechnya) this section became the most affected part of the whole national border in 2003 and the trend continued in It was the development within the aforementioned group of foreign nationals which resulted in 2005 on this border seeing a large negative year-on-year difference (-3,043 persons, %). The share of persons detected on this section of the national border decreased, when compared with other sections, from 43.6 % in 2004 to 28.4 %, although the second highest number of persons who were detected when attempting to illegally cross the national border (1, 618 persons) was reported. In 2005 the number of persons crossing illegally in a direction from the Czech Republic unambiguously prevailed on the section of the border with Austria (1,308 persons, i.e %). However, when compared to 2004, the share of Austrian bodies involved in detecting numbers of persons increased from 17.8 % to 23.7 %. numbers of persons in % Illegal Migration Across the National Border of the Czech Republic - according to the Sections of the NB the national border of the Czech Republic with neighbouring countries 115 Citizens of Russia remained the nationality most frequently apprehended on the border with Austria (440 persons, i.e %). However citizens of Mongolia (155 persons, i.e. 9.6 %) and nationals of Ukraine (125 persons, i.e. 7.7 %) were also often apprehended here. Figure: blue = the border with Poland; purple = the border with Germany; yellow = the border with Austria; light blue = the border with Slovakia s PR se SRN s Rakouskem se SR The protection of the national border between the Czech Republic and Austria is ensured by two ABPS TDs, namely of Ceske Budejovice and Brno. Although it was the ABPS TD of Ceske Budejovice which reported a more considerable year-on-year decline (-2,787 persons, %), it still remained the one where the vast majority of such persons was detected at the border with Austria (1,280 persons, i.e %). The year 2005 saw another significant decline in the number of persons apprehended on the section of the national border between the Czech Republic and Germany. During the year reviewed 1,233 persons were reported in relation to illegal migration across the national border, which is roughly a half of the number of 2004 (-1,224 persons, i.e %). The majority of persons apprehended on this border section tried to illegally cross the national border from the Czech Republic (1,084 persons, i.e %). In contrast with the Czech-Austrian section of the national border, illegal migrants at the border with Germany were detected predominantly by German border protection bodies, which relates to the fact that illegal migrants

116 try to get to Germany mainly hidden in vehicles. Such persons were in most cases returned to the Czech Republic. The national border between the Czech Republic and Germany crosses the territories of three ABPS TDs: those of Usti nad Labem, Pilsen, and Ceske Budejovice. In the year monitored the detection of 59.5 % of persons detected on the border between the Czech Republic and Germany may be attributed to the ABPS TD of Usti nad Labem. When compared to 2004, the share of persons detected in the territory administered by the ABPS TD of Pilsen increased (from 32 % to 40 %). numbers of persons detectd Illegal Migration Across the National Border of the Czech Republic in I II III IV V VI VII VIIII IX X XI XII months of 2005 the section of the NB wiith neighbouring countries s PR se SRN s Rakouskem se SR Figure: blue = the border with Poland; purple = the border with Germany; yellow = the border with Austria; light blue = the border with Slovakia On the shortest section of the said border, the territory of the ABPS TD of Ceske Budejovice, only seven persons (0.5 %) were apprehended. When taking nationalities into account, in 2005 citizens of Ukraine (255 persons, i.e %), were those most frequently detected on this border section, often with irregular travel documents, followed by nationals of China (171 persons, i.e %), who were often smuggled to Germany. The largest year-on-year decline in 2005 was reported from the section of the national border between the Czech Republic and Slovakia, where 243 persons were registered in 2005, which is 3.5 times less than in 2004 (-602 persons, %). In addition, approximately 45 % of the aforementioned number can be attributed to the citizens of Slovakia (56 persons) and the Czech Republic (53 persons). As for other nationalities, citizens of China, Moldova and Romania may be mentioned, however their numbers were negligible, mostly up to twenty persons during the whole year. In contrast with other border sections, at the border with Slovakia the number of persons who attempted to enter the Czech Republic has always prevailed. The same applies to the year 2005, however the numbers were incomparably lower than those in the past (221 persons, i.e. 91 %). In the past the Slovak border was a border across which the largest numbers of illegal migrants flew to the Czech Republic. They were either detected directly at their entry points in the Czech Republic or the mode of entry was detected later, when they attempted to leave the Czech Republic and enter other countries. 78 If we take into account the available data, then in 2005 the importance of the border with Poland increased in this regard. The decline in apprehended illegal migrants at the Czech Slovak national border may be affected by the current situation concerning the rules for crossing the national border of the Czech Republic by persons and vehicles of EU Member States as well as by the situation pertaining to the protection of the Czech national border, as described above. 78 The same situation at the Czech Slovak national border as described by Czech bodies, is confirmed by the data collected by Slovak border protection authorities which is sent to the Czech Republic within information exchanges of the Visegrad Four countries. 116

117 A year-on-year decline was seen within both ABPS TDs operating near the border with Slovakia, namely the ABPS TDs of Brno and of Ostrava. More people were detected on the section protected by the ABPS TD of Brno (145 persons, i.e %). Illegal Migration Across the National Border - Sections of the Czech NB comparison of the periods from 1 Jan to 31 Dec in 2004 and s Polskem se SRN s Rakouskem se Slovenskem letiště ČR In compliance with the development on individual sections of the Czech national border, a year-on-year decrease was displayed in all regions of the Czech Republic according to its administrative structure with the exception of Prague, where, on the other hand, a quite considerable increase was reported (629 persons, +369 persons, i.e %). The highest number of apprehended persons was reported in the South Bohemian Region (1,287, i.e %), where, however, one of the largest year-on-year declines was reported as well (-2,801, i.e %). Year-on-year declines were reported by the majority of borderland districts of the Czech Republic. Increases were registered only in the districts of Ceske Budejovice, Karlovy Vary, Opava, and Cesky Krumlov. III.3.3. Mode of Entry into the Czech Republic Among persons apprehended in relation to illegal migration across the Czech national border, there was still quite a high percentage of persons who tried to cross the Czech national border illegally without any travel documents, although in 2005 their share fell. This relates to the composition of persons who were detected when attempting to cross the national border in the last year. In 2005 there were 2,392 persons without travel documents (-3,338, %). The share of persons without travel documents among persons detected crossing the border of the Czech Republic illegally or demonstrably attempting to do so declined, as compared to 2004, from 54.5 % to 43.4 %. 117

118 Illegal migration across the national border apprehended illegal migrants without travel documents Year illegal migration across the national border of CR number 23,705 29,339 44,672 32,325 32,720 23,834 14,741 13,206 10,695 5,689 of persons detected of them with a travel document 10,043 10,380 10,659 12,029 15,586 9,556 4,817 3,913 4,730 3,119 without a travel document 11,352 17,234 32,230 19,339 16,329 14,014 9,719 9,093 5,755 2,392 not reported 2,310 1,725 1, i.e. % of known data* with a travel document without a travel document Some people who were not holding a valid passport or a document determined for crossing the Czech national border were able to prove their identity with another identification card (for example an asylum seeker card or residence permit and so on). In 2005 those persons tried to cross the national border illegally in 293 cases, which accounted for 12.2 % of the total number of persons without travel documents. In previous years however, when most frequently asylum seekers were apprehended at the national border, this number was much higher. In 2005 there were 2,099 persons without any identity documents at all, which accounts for 38.1 % of the total number of persons who, upon examination, provided data on their travel documents. Among those migrants, citizens of the Russian Federation dominated with the highest numbers (242 persons, i.e %). They were followed by Czech nationals (240 persons, i.e %), who were apprehended without travel documents mainly at the border with Poland, citizens of China (232 persons, i.e %), of Ukraine (192 persons, i.e. 9.2 %), and of India (187 persons, i.e. 8.9 %). Some nationals almost always travel without any travel documents. Among them are in particular citizens of Asian and African countries. For example citizens of India were able to prove their identity only in 15 % of cases and nationals of China only in 5 % of cases. If a foreign national does not hold a valid travel document it is very difficult to verify his/her identity since cooperation with embassies or consulates of the states concerned (for example India, Vietnam, or China) has not been at a good level for a long time. Therefore the follow up measures are complicated as well - for example issuing a decision on administrative banishment and deportation itself. The issue as to whether an alien possesses or does not possess travel documents is closely related to the matter of ascertaining the mode of entry to the Czech Republic in the case of persons who are detected illegally crossing the Czech national border in the direction leaving the Czech Republic. Detection of the mode of entry can be very difficult especially due to the language barrier (not always is it possible to find a good interpreter when needed, especially in the case of some not very common languages and dialects), but also due to the apprehended person s reluctance to testify. If migrants are smuggled across the Czech national border inside vehicles, they are not even aware of the circumstances of their crossing. This is the reason why police officers from basic units of the ABPS are not always able to find out the details relating to the entry of aliens to the Czech Republic. If we exclude from the number of foreign nationals who were in 2005 detected when crossing the national border illegally from the Czech Republic (3,196 persons, -4,280, -57.3%) those foreigners possessing a residence permit in the Czech Republic, foreign nationals who were at the time of their apprehension asylum seekers, i.e. their residence should be legalised, and foreigners apprehended when attempting to enter the country illegally, the remaining number was 2,725 aliens. With these migrants we can focus on the mode of entry into the Czech Republic. They 118

119 represent 85.3 % of the number of aliens registered in 2005 by border protection authorities when leaving the Czech Republic. However, if we take into consideration only those persons where it was possible to detect their mode of entry, then there were 1,731 foreign nationals ( persons, i.e %). Of these 1,731 persons illegal entry to the Czech Republic was proven in the case of 572 foreign nationals, i.e. 33 %, or they confessed to illegal entry themselves; however their share was considerably lower than in 2003 and 2004, when their proportion was around forty percent. Thus this fact relates, as in the case of all other criteria assessed in the Chapter Illegal Migration, to the composition of nationalities in 2005, mainly to the lower representation of those nationalities which in the past ranked among typical illegal migrants, i.e. their members illegally arrived in and departed from the Czech Republic. 58 persons (i.e. about 10 % of the stated number of 572 foreign nationals) were detected getting to the Czech Republic hidden inside vehicles, usually trucks. Despite their lower number, the percentage share remained the same as in In cases where a foreign national was proven illegal entering into the Czech Republic from some of the neighbouring countries, he/she was returned under a relevant readmission agreement, or under the Dublin proceedings when such a foreigner was at the same time an asylum seeker in the country in question. Of the persons who were detected as illegally entering the Czech Republic most were apprehended when arriving from Poland (406 persons, i.e. 71 % of the total number of 572 persons). This number was boosted mainly by citizens of Russia (167 persons, i.e %), Poland (123 persons, i.e %), and Ukraine (74 persons, i.e %). They mostly crossed the border on foot. It still holds true that majority of persons who transit throughout the Czech Republic endeavour to leave its territory within the shortest possible period of time after their arrival. Residence is extended in the case of asylum seekers or persons who repeat their attempts to illegally cross the border. As in the previous year, also in 2005 among the persons detected when attempting to illegally leave the Czech Republic the number of those who entered the Czech Republic legally prevailed (1,159 foreigners, i.e. 67 % of the total number of 1,731 foreign nationals whose mode of entry to the Czech Republic was ascertained). In the majority of cases they arrived from Poland or via airports. III.3.4. Travel Documents In 2005 the percentage share of persons who, when illegally crossing the national border of the Czech Republic, used irregular travel documents 79, increased again. During the year a considerable year-on-year growth was registered, however this moderately slowed down during the last months of the year. It should be emphasised that this is one of the most serious forms of illegal migration as it is in many cases linked to organised crime, whether we consider the process of obtaining irregular documents themselves to be a crime or whether we consider the criminal offences which follow as a consequence of irregular travel documents. People who are interested in illegally crossing the Czech 79 Irregular travel documents (i.e. forged, altered or otherwise modified travel documents or documents belonging to other persons) 119

120 national border using an irregular travel document pay for the obtaining of such a document or for other services (transport, accommodation) huge financial amounts. In the period from 1 January to 31 December 2005 in total 15,489 persons were investigated within illegal migration in the Czech Republic, and of them 5,689 persons because of illegal migration across the national border of the Czech Republic and 9,800 persons for illegal migration through violation of residence rules. During the same period 889 persons who tried to use an irregular travel document (-31, -3.4 %) when illegally migrating across the territory of the Czech Republic were detected. Such persons share in the total number of persons detected as illegal migrants was roughly 5.7 %, however in individual categories their proportion as well as development was different. Basic units reported 782 persons detected when they attempted to cross the national border of the Czech Republic using an irregular travel document (+3 persons, i.e. 0.4 %), which accounted for 13.7 %, while in the past their proportion was usually under four percent and in 2004 it was 7.3 %. A further 107 persons (-34 persons, %) proved their identity with an irregular travel document when their illegal residence in the country was detected during controls carried out inland or at border crossing points when these persons attempted to leave the Czech Republic (1.1 % of the total number of persons detected during unauthorised residence). Although in 2005 there was a higher proportion of persons who used irregular travel documents when illegally migrating across the national border of the Czech Republic, the number of detected persons remained roughly at the same level as in Despite the decline seen in the category of illegal migration through violation of residence rules and although the numbers in this category were considerably lower than in the category of illegal migration across the national border, this category cannot be dismissed either. These are cases which are detected, however it might be assumed that the number of foreign nationals who prove their identity in the Czech Republic by travel documents of other persons is number of persons Using Irregular Travel Documents for Illegal Migration Across the NB of the Czech Republic 120 accession to the EU I II III IV V VI VII VII IX X XI XII I II III IV V VI VII VII IX X XI XII I I 2004 month 2005 passport higher and in the future the number of such persons could go up. In the first group there were persons using their own travel documents but these were altered: the validity of the visa was changed or the border stamp and/or visa label were forged. The second group consists of persons who proved their identity by a travel document of another person. Such persons resided in the Czech Republic under false identity which complicated the gathering of information on their residence in the Czech Republic but such situation also created conditions for committing serious criminal offences. The majority of persons proved their identity during residence controls with an irregular passport but some people used also an irregular ID card (persona ID card) which they submitted as their identity card either together with an irregular passport or without a passport. Sometimes more than one passport was seized from one person, therefore the number of confiscated irregular documents is higher than the number of apprehended persons. In total 902 irregular travel documents were seized, of which 793 were in relation to illegal migration across the national border (i.e %). Of the stated number of 902 documents, there were 796 passports and 106 personal identity cards (ID card). ID card

121 Illegal migrants use in the Czech Republic irregular travel documents because it simplifies their departure from the Czech Republic to Germany and to Austria (and further to Italy, Spain, or France) or even overseas (most frequently to the United Kingdom, Ireland, and Canada). In 2005 in total 782 persons were detected who, when crossing the Czech national border, proved their identity with an irregular travel document (+3 persons, i.e %). In total the number of persons detected when attempting to cross the national border of the Czech Republic illegally accounted for 13.7 %, whereas in the past their share oscillated most often below four percent (in 2004 it was 7.3 %). Most persons in possession of an irregular travel document were in 2005 detected at air borders, and at the same time the highest year-on-year growth was recorded there (280 persons, +97 persons, +53 %). The air border was followed by the border with Germany where 247 persons were detected (-8 persons, -3.1%), which means, on the contrary, a slight decrease was registered. Irregular travel documents were used here also by those who wanted to enter the Czech Republic, however cases of people who wanted to leave the Czech Republic for other countries, most often to the United Kingdom, and who used irregular travel documents, were more frequent. All ABPS TDs reported the prevailing use of irregular travel documents for the purpose of illegal crossings of the national border. Such cases were not revealed only by Czech border protection bodies but some irregular travel documents were detected by relevant authorities of neighbouring countries or often joint teams composed of police officers of the ABPS and bodies of neighbouring countries. Illegal migration across the national border of the Czech Republic persons apprehended with travel documents comparison of the same periods of 2004/2005 Period of the Change as compared with the 1 Jan-31 Dec 1 Jan-31 Dec previous period Year 2004 i.e.% i.e.% 2005 i.e.% i.e.% [ %] absolute figure Illegal migration across the national border of the Czech Republic number of persons detected of whom 10, , with irregular travel document of them on NB CR - at the airport with Poland with Austria with Slovakia with Germany In 2005, as in 2004, the largest group among persons who were reported with an irregular travel document was made up of citizens of Ukraine (332 persons, -25 persons, i.e %), followed, at a far distance, by citizens of Moldova (86 persons, -44 persons, i.e %). These nationalities use mainly travel documents from Poland, Lithuania, Latvia, but also from the Czech Republic, Israel, Romania, and other countries. In comparison with 2004 the number of persons who travelled with an irregular travel document considerably increased among nationals of China (42 persons, +20 persons, i.e %), Belarus (22 persons, +14 persons, i.e %), Nigeria (15 persons, +11 persons, i.e %), and some other countries. Citizens of China used in particular travel documents of the Korean Republic and Japan, mainly at the Prague-Ruzyne airport. 121

122 Citizens of Belarus used irregular travel documents mainly on border crossing points with Germany and when they wanted to leave the Czech Republic via an airport, and the composition of their travel documents copied that of travel documents typical for nationals of Ukraine and Moldova. Citizens of Nigeria used irregular travel documents for entry to the Czech Republic via an airport and in the direction from the Czech Republic to Austria or Germany. They used either travel documents of other Nigerian nationals which were altered (mainly forged visas) or documents of other African countries, but also of the United Kingdom, the Netherlands, and so forth. In 2005 a temporary matter was the use of irregular travel documents by citizens of Peru (21 persons, +8 persons, i.e %). It occurred only in the first quarter of the year, when citizens of Peru misused travel documents of other Romania 2% China 5% Use of Irregular Travel Documents for Illegal Crossing of the NB of the Czech Republic in 2005 Nigria 2% Not ascertained 6% Czech Republic 3% Russia 2% Other 21% Belarus 3% Peru 3% 100% = 782 persons countries of Latin America, mainly of Bolivia, and in doing so they were assisted by an employee of Czech Airlines. After this employee was arrested by police officers of the ABPS and the Unit for Combating Organised Crime, this kind of illegal migration was not detected in the following months of the year. Documents were often used with a replaced photograph or a whole identification page was falsified. People usually obtained such altered documents in their countries of origin but sometimes it was ascertained that they had obtained them in the Czech Republic. In 2005 basic units of the ABPS reported 63 (-12, -16 %) travel documents of the Czech Republic which were unlawfully used for illegal migration across the Czech Republic. There were among these seventeen Czech identity cards and 46 passports. One citizen of Ukraine proved his identity with a Czech travel document when illegally residing in the Czech Republic. Otherwise Czech documents were exclusively used for illegal migration across the national border, both by Czech and foreign nationals. Of the total number of 63 Czech travel documents detected 70% were in the possession of foreign nationals. Czech travel documents were most frequently used in the direction from the Czech Republic to Germany (60.3%), regardless of the type of travel document. 28.6% of persons proving their identity by an irregular Czech travel document were assisted by smugglers. Moldova 11% Ukrine 42% 122

123 Overview of persons according to nationalities who used in 2003, 2004 and 2005 documents of the Czech Republic for illegal crossing of the national border of the Czech Republic : YEAR 2003 YEAR 2004 YEAR 2005 nationality of persons number nationality of persons number nationality of persons number Moldova 49 Czech Republic 20 Czech Republic 19 Czech Republic 39 Ukraine 19 Ukraine 17 Serbia and Montenegro 22 Moldova 11 Moldova 7 Ukraine 21 Vietnam 6 Macedonia 4 Slovakia 11 Slovakia 3 Romania 3 Russia 6 Bulgaria 2 Belarus 2 Vietnam 4 Georgia 2 Afghanistan 1 Belarus 2 Poland 2 Angola 1 Bosnia and Herzegovina 1 Russia 2 Bosnia and Herzegovina 1 Italy 1 Serbia and Montenegro 2 Ivory Coast 1 Macedonia 1 Belarus 1 China 1 Poland 1 Ivory Coast 1 Kyrgyzstan 1 Romania 1 Egypt 1 Mongolia 1 Syria 1 Kyrgyzstan 1 Nigeria 1 Mongolia 1 Russia 1 Senegal 1 Serbia and Montenegro 1 Vietnam 1 Total 160 Total 75 Total 63 To reveal forged and altered travel documents is more and more difficult since the quality of counterfeits and unauthorised alterations continues to improve and this means higher demands placed on police officers at basic units and on their professional competencies, experience and the art of estimation. Therefore the need to introduce biometric identifiers to travel documents appears to be necessary. In 2005 mainly travel documents of Lithuania (208 documents, i.e %) and Poland (174 documents, i.e %) were used for illegal migration in the Czech Republic. As was stated above, travel documents of the Czech Republic (63 documents, i.e.7%), Latvia (49 documents, i.e.5.4%), and Slovakia (38 documents, i.e.4.2%) were used as well. Use of Irregular Travel Dcuments for Illegal Migration across the National Border of the Czech Rep. - according to the origin of the TD 2005 Slovakia 4% Latvia 6% Israel 3% Korea 3% Japan 2% Other 29% Czech Republic 8% Poland 22% 100% = 793 irregular travel documents Lithuania 23% Travel documents of the original EU Member States were used as well, however their numbers were substantially lower (these were travel documents of the United Kingdom, France, Denmark, Sweden, Spain, Belgium, Germany, Portugal, the Netherlands, Greece, Austria, and Italy). As in previous years, also in 2005, travel documents after the photograph having been replaced or a data page having been altered or even replaced were used. Of the total number of 902 documents which were during the reviewed period unlawfully used for illegal migration in the Czech Republic, in 552 documents (i.e %) a photograph or a data page was replaced. Apart 123

124 from replacement of photographs some other alteration (for example forged stamps, rewritten data, altered visas and so on) were detected in some other travel documents. There were also cases where people proved their identity with the original documents of other persons without any alterations. In the case of unlawful alteration, mostly older types of travel documents, less secured against counterfeiting, were used. However, even some new types of documents of certain countries were forged. With the more frequent use of new models of documents furnished with polycarbonate pages with personal data and integrated photographs, the quality of forgeries has improved. Even though irregular travel documents are used in the Czech Republic especially in the context of economic migration it may be expected that in the future the risk of misuse of such documents by persons having links to terrorism or organised crime will grow. Therefore it is necessary to pay to this type of illegal migration due attention at border checks as well as during controls carried out inland of the Czech Republic. The issue of misuse of other person s passports and of altered and forged travel documents represents a significant security risk and a threat which is pointed out by border protection bodies from other EU Member States in their reports. It must be said that in the Czech Republic the problems with the procedure used by public prosecutors when judging cases under Section 176 of the Criminal Code (forgery and alteration of an official document) persist, as public prosecutors usually in such cases, with several exceptions (for example the Districts of Tachov, Cheb, and Teplice) return the case to be solved by the ABPS units under the Act on the Residence of Aliens. Irregular Travel Documents - Manners of Misuse 2005 CP 62% 100% = 902 travel documents Other 0% NS 14% Other visa 1% BIA 1% pages 1% OID 1% Czech visa 1% FAL 2% FAS 3% More 4% OP 10% Key: FAL = absolutely forged documents BLA = TD stolen blank and unlawfully completed CP = replaced photograph or replaced whole data page OID = overwritten or new data included FAS = forged or altered border crossing point stamp pages = torn pages from the passports Other visa = forged or altered visa of other countries More = more alterations in the documents Other = other alterations NS = manner of alteration is not stated OP = travel documents of other person without alterations Czech visa = forged or altered Czech visa III.3.5. Facilitated Unauthorised Border Crossing After the Czech Republic s accession to the European Union and changes made in clearing persons and vehicles on the national border crossing points of the Czech Republic, it was necessary to take into account that criminal organisations smuggling people across borders would adapt to this situation. The second half of 2004 indicated that such assumptions were being fulfilled. Smuggling 124

125 organisations made use of new conditions in border rules and tried more frequently to transport people across border crossing points in the loading area of trucks and lorries. They also assisted persons travelling with irregular travel documents and transported them in the vehicles of EU Member States, thus attempting to eliminate the danger of being exposed. Units of the ABPS are usually the first units of the Czech police that come into contact with criminal activities concerning illegal migration. 80 The most efficient tool in combating groups illicitly smuggling in people seems to be very close co-operation of units of the ABPS with Units for Combating Organised Crime of the Criminal Police and Investigation Service of the Czech police, as well as cooperation with the police bodies of neighbouring countries. In 2005 the number of persons apprehended when illegally crossing the national border substantially decreased and the same decline applied to people who used the services of a smuggler. 761 persons, which is three-fold less than in 2004 (-1,592 persons, i.e %), tried to cross the national border assisted by a smuggler. The share of smuggled people, i.e. people having used the services of a smuggler when illegally crossing the national border discovered by the police was (13.4 %) which is the lowest ever number since this indicator has been monitored (since 1994). Illegal migration across the national border of the Czech Republic persons assisted by smugglers Year i.e.% i.e.% i.e.% i.e.% i.e.% i.e.% i.e.% Illegal migration across the national border of CR persons detected of whom persons 32, , , , , , , assisted by a smuggler 7, , , , , , assisted by a smuggler 7, , , , , , number of persons assisted by a smuggler detected at the NB of the Czech Republic: with Germany 4, , , , with Austria 1, , , , with Poland with Slovakia 1, via airports inland percentage of persons assisted by a smuggler of the total number of asylum seekers detected at the national border section: with Germany with Austria with Poland with Slovakia via airports inland Smugglers detected by ABPS units in relation to IM across the national border of CR Persons prosecuted under Sec.171a of CC (according to RSCS) 1,310 1, Such low numbers, when compared to the previous year, directly link to the lower number of 80 Two units of the Czech police investigate criminal activities under Section 171a of the Criminal Code, namely the Alien and Border Police Service (ABPS) and the Unit for Combating Organised Crime of the Criminal Police and Investigation Service of the Czech police (UCOF CIPS). 125

126 Russian citizens, namely people from Chechnya, and nationals of China, who were detected when they tried to illegally cross the Czech national border. The assistance of smugglers might be assumed in some cases however it was not possible to prove it. It may be also assumed that a far higher number of people are smuggled across the Czech Republic, mainly hidden in trucks and other vehicles, than could be detected. 81 The findings of ABPS correspond with the data and experience of the Unit for Combating Organised Crime which also indicate that foreign nationals are often transported across the national border using vans and lorries and in the loading areas of trucks. According to the Unit for Combating Organised Crime the transport of illegal migrants assisted by smugglers saw only moderate changes in Some criminal organisations changed the places and localities used for smuggling aliens across the national border. The described situation is also affected by the successful fight against and investigation of such criminal offences by police officers from the Unit for Combating Organised Crime, independently or along with policemen from the ABPS and foreign police units. Unfortunately, some measures are only temporary as the situation relating to illegal migrants from China indicates. In April 2005 the Unit for Combating Organised Crime in collaboration with other partners detected, apprehended, investigated and prosecuted an Asian Criminal Organisation specialising in smuggling people across the Czech Republic, however several months later new findings revealed the presence of Chinese organised crime in the Czech Republic again. In the course of 2005, apart from the aforementioned investigations, the Unit for Combating Organised Crime commenced eight new prosecutions and several independent actions against supranational organised criminal organisations which, having close links abroad, deal with the smuggling of foreign nationals across the Czech Republic and further to other EU Member States. In 2005 several large organisations were detected and investigated which at the international level operate illegal routes of migration across the Czech Republic (mainly of the aforementioned citizens of China). During such police actions 38 persons who were the organisers of the criminal offences concerned were arrested in cooperation with the police from partner countries. Forecasts on an always larger engagement of citizens of the former USSR in trafficking in human beings organised crime in the Czech Republic are being currently confirmed. An example may be the activities of Russian-speaking groups which are involved in the smuggling of people from Chechnya, Dagestan or citizens of the Russian Federation. The Unit for Combating Organised Crime in cooperation with police units from Poland and Germany and along with units of the ABPS detected and investigated, at the international level, the smuggling of nationals of Chechnya coming from Poland. They apprehended in total 22 offenders committing this type of crime. 81 This is also supported by the fact that a number of persons, who migrated across the Czech Republic to Germany, were detected in Germany inland, and by the attestations of drivers who were detected when smuggling people from the Czech Republic to Germany. They confirm that similar transport was realised in the past without having been exposed either by the Czech border protection bodies or by police bodies of neighbouring countries. 126

127 In general, the situation whereby national criminal organisations have more and more links to international organised crime persists and supranational crime is strengthening its position in the Czech Republic. 82 This is the reason why active cooperation with the Unit for Combating Organised Crime, specifically its team fighting against trafficking in human beings, and foreign police units of Germany, Austria, the Netherlands, France, the United Kingdom, Italy, Slovakia, Switzerland, and Poland, is absolutely necessary. The Czech police also entered into close cooperation with FBI units and the US Immigration Office. 83 Illegal migration across the national border of the Czech Republic persons assisted by smugglers - comparison of the same periods of 2004/2005 Period of 1Jan-31 1Jan-31 Change in comparison with the Dec Dec previous year the year 2004 i.e.% i.e.% 2005 i.e.% i.e.% absolute [ %] figures Illegal migration across the national border of the Czech Rep. persons detected 10, , ,006 of them smuggled persons 2, ,592 of them at the NB with Poland with Austria 1, with Slovakia with Germany inland A decline in the number of smuggled persons was seen in 2005 on all sections of the national border of the Czech Republic. In comparison with 2002 and 2003, when the situation was comparable, the year 2005 saw a genuine decline in this category. The percentage of smuggled people was 13.4 %, however if we take into account only third country nationals the share of smuggled persons would increase to 19.8 %. The majority of smuggled people were, in 2005, registered in the direction leaving the Czech Republic (671 persons, i.e %), with the largest number of such migrants being reported from the border section with Austria (356 persons, i.e % of the number of persons smuggled from the Czech Republic), followed by the border section with Germany (297 persons, i.e %). On the Austrian border the dominant groups among those migrants smuggled were nationals of Russia, Ukraine and Moldova mainly during the first half of the year, whilst in the second half of the year these were primarily citizens of Mongolia. On the border with Germany there were in particular nationals of China who were smuggled, 82 In 2005 four extensive investigations of international criminal organisations operating in the Czech Republic as well as in several other countries, predominantly in Slovakia, Germany, and Austria were carried out. Crimes under Sections l7la/l,2, l63a/l, and 185/1 of the Criminal Code were detected and investigated. Namely this was international implementation of the operation TUTOU, when 13 offenders of the said serious crimes were apprehended in the Czech Republic of them ten were foreign nationals (China - seven persons; Vietnam - three persons); SMITH in total nine offenders were apprehended - of them three were foreigners (all from Albania); GENO in total nine offenders were apprehended - of them three foreigner (Russia two persons, of whom one person was of Chechnyan origin; Kazakhstan one person), and CHARON in total five offenders were apprehended, of them four were foreigners (Ukraine - one person; Dagestan - two persons; Russia one person coming from Chechnya ). Within three more police actions in addition to Czech nationals, citizens of Vietnam, Russia, Slovakia and Moldova were apprehended. All above-mentioned investigations implemented in 2005 in the Czech Republic revealed international aspects of such criminal activities with direct links to international organised crime. In 2005 Units for Combating Organised Crime of the Czech police apprehended and charged with crimes relating to trafficking in human beings in the Czech Republic in total 72 offenders, of them 33 foreign nationals. 83 Cooperation is carried out both on the basis of direct personal contact and within mutual legal assistance between individual states. Further international cooperation is implemented through Interpol and Europol. 127

128 however mostly in the first half of the year, followed by nationals of Ukraine and Turkey. As regards the direction to the Czech Republic, smuggled persons were detected when arriving from Slovakia and Poland, even though a very low number was detected on the border between the Czech Republic and Slovakia when compared to previous years (61 persons, which is approximately four times less than in 2004). The number of persons smuggled from Poland was in 2005 also lower than in 2004 (25 persons, i.e. -57 %). In 2005 citizens of Russia were most often smuggled from Poland to the Czech Republic, which is more or less a consequence of the Dublin system. Persons who want to migrate from Poland across the Czech Republic to other countries cannot misuse asylum proceedings in the Czech Republic, and therefore they more frequently use the services of smugglers when entering the Czech Republic. Besides citizens of Russia this applies to nationals of Kyrgyzstan, whose numbers are however considerably lower. Mainly citizens of the countries from Middle and South-East Asia (China, Vietnam, Iraq, Turkey and some others) and citizens of Moldova were smuggled from Slovakia to the Czech Republic. A special story is the situation on the air border of the Czech Republic. As regards persons who are detected when illegally entering the Czech Republic via airports or those departing from the Czech Republic, for example with an irregular travel document, it is usually impossible to find out the assistance of smugglers, although this might be assumed as a background. This relates primarily to citizens of India, mentioned several times, and persons travelling with irregular travel documents. Evidence of the latter case was the detection of a Czech national who, as an employee of Czech Airlines, assisted citizens of Peru in obtaining irregular travel documents for their further journey from the Czech Republic to countries of Western Europe. This can be witnessed also through the tactics of some persons coming from countries of the former USSR who arrive in the Czech Republic legally using valid documents stamped with a Czech visa, and who from Prague or Brno airports try to reach other countries (for example to the United Kingdom, Ireland or even overseas), or citizens of China who prove their identity at airports through irregular travel documents of Japan and the Korean Republic and who attempt to amalgamate among groups of tourists from the countries concerned. In 2005 among those persons being most often smuggled were citizens of Russia (173 persons), China (159 persons) and Ukraine (116 persons), which is the same sequence in terms of numbers as in Despite the above-mentioned, considerable year-on-year declines were reported as regards citizens of Russia (-886 persons, i.e %) and China (-532 persons, i.e %) when compared to the previous year. On the other hand, the number of certain nationalities - citizens of Mongolia (28 persons, +6 persons, i.e %) and Kyrgyzstan, (16 persons, +6 persons, i.e %), although the numbers of this nationality are generally low - who were detected when trying to cross the national border of the Czech Republic assisted by a smuggler, increased. It must be reiterated that statistical records are based on ascertained cases. Within individual nationalities there may be persons who were assisted by smugglers however this fact was not revealed. 128

129 Illegal migration across the national border of the Czech Republic smuggled persons - comparison of the same periods of 2004/2005 Period of 1Jan - 31 Dec 1Jan-31 Dec Change in comparison with the previous year the year in the number of smuggled persons Illegal migration across the absolute national border of the Czech total of them i.e.% total of them i.e.% v [ %] figure Rep. persons detected smuggled smuggled of whom most citizens of 10,695 2, , ,592 Russia 3,725 1, China 1, Ukraine Moldova Turkey Not detected Mongolia Vietnam Georgia Kyrgyzstan Explanation Order according to the highest amount of smuggled persons in the given period In 2005 units of the Czech police registered 420 persons who, in one way or another, assisted in illegal border crossings. Compared to the previous year their share decreased (-260 persons, %), which corresponds with the general development in this category of illegal migration. A year-on-year decline in the number of assisting persons is lower than in the case of smuggled persons (-67.7 %), which supports the fact that smugglers focus rather on smaller groups of people. Illegal migration across the national border of the Czech Republic persons involved persons providing assistance, and persons prosecuted under Section 171a of the Criminal Code - comparison of the same periods of 2004/2005 Period of 1Jan-31 Dec 1Jan-31 Dec Change in comparison with the previous year year 2004 i.e.% 2005 i.e.% v [ %] absolute figure Illegal migration across the national border of the Czech Rep. persons detected 10, , persons providing assistance in IM across NB detected by basic units of the Czech Police of them most citizens of Czech Republic Poland Germany Vietnam Russia not detected Slovakia Ukraine China Moldova persons prosecuted for a crime under Sec. 171a of the Criminal Code (under RSCS) of them most citizens of Czech Republic Russia China Poland Vietnam Ukraine

130 Albania Moldova Slovakia Bulgaria Explanation: Order according to the highest number of persons in the given period As in previous years, statistical records of persons detected as smugglers were dominated by citizens of the Czech Republic (237 persons, i.e %). Their number decreased, when compared to 2004, by more than a half (-219 persons, i.e %). Citizens of Slovakia saw an even larger decrease (12 persons, -28 persons, i.e %). On the other hand, in comparison with 2004, the number of citizens of Poland (48 persons, +7 persons, %), who participated mainly in smuggling citizens of Russian who were Chechnyan nationals and citizens of Ukraine from Poland to the Czech Republic slightly increased. The overall situation in illegal migration across the national border was not only reflected in the number of persons detected when assisting illegal border crossings but also in the number of persons who were prosecuted for illicit crossing of the national border under Section 171a (207 persons, -28 persons, i.e %). To prove the intention to smuggle other people across the national border is always very difficult, therefore the numbers of persons who were prosecuted for a crime committed under Section 171a are substantially lower than the numbers of smuggled persons. This category was also markedly dominated by citizens of the Czech Republic (144 persons, -1 person, i.e %), however positions on further places differ. The second place was occupied by citizens of Russia (12 persons, +10 persons, i.e %), followed by nationals of China, Poland, and Vietnam (for each country seven persons). III Persons Smuggled in accordance with CIREFI Classification 84 The CIREFI classification defines smuggled migrants as those who confess to having used the assistance of a smuggler, i.e. another person s assistance, as well as all those who crossed the national border in groups of ten people or more, and those who used falsified travel documents to cross the border or to stay in the country illegally (a unification of the above entities). In the case of irregular travel documents the CIREFI classification assumes that that persons using this way of illegal migrations were serviced by another person who helped them to organise their illegal border crossings. The described definitions demonstrates that the percentage of smuggled migrants is higher than that shown by the national classification. 84 Centre for Information, Discussion and Exchange of Opinions on the Border Crossings and Immigration. 130

131 Illegal migration across the national border of the Czech Republic persons smuggled comparison of the same periods of 2004 and 2005 comparison of the national and CIREFI methodologies 1 Jan - 31 Dec 1 Jan - 31 Dec Change in comparison with the previous Period period Year v % absolute figures Illegal migration across the Czech national border persons detected 10,695 5, ,006 of whom according to CLASSIFICATION national CIREFI national CIREFI national CIREFI national CIREFI persons smuggled 2,353 4, , ,592-2,897 i.e.% of whom at the NB CR with Germany with Austria 1,177 2, ,070 with Poland with Slovakia airports unidentified In 2005 according to the CIREFI classification 1,586 ( persons, i.e %) smuggled persons were detected; the percentage of persons smuggled across the Czech national border dropped from 41.9 % to 27.9 %. The development related to a quite low occurrence of large groups on the border of the Czech Republic as well as to a decreased number of persons detected when assisted by a smuggler. In contrast to the national classification a year-on-year growth in the number of smuggled persons detected on the border with Poland (+5 persons, i.e %) and at the air border (+107 persons, i.e %) was reported. This increase reflects the situation relating to using irregular travel documents. III.3.6. Illegal Border Crossing by Foreigners Hidden in Vehicles The share of persons detected when trying to cross the national border of the Czech Republic hidden in a vehicle has oscillated for a long-period of time at around three percent. In 2005, when compared to 2004, the number of persons detected attempting to cross the national border of the Czech Republic hidden inside vehicles markedly decreased (180 persons, -218 persons, i.e %). Their share (3.2 %) of the total number of 5,689 persons detected when attempting to cross the Czech national border illegally did not differ from previous years. 131

132 Illegal migration across the national border of the Czech Republic - persons hidden in vehicles comparison of the same periods of 2004/2005 1Jan-31 1Jan-31 Change in comparison with the Period Dec Dec previous year Year 2004 i.e.% 2005 i.e.% as [%] as [%] Illegal migration across the national border of the Czech Rep. persons detected 10, , ,006 of them discovered hidden in a vehicle of them discovered hidden in a vehicle of these, vehicles used: bus truck, lorry car train transport of trucks by trains (ROLA) not identified In 2005 persons were mostly detected hiding inside trucks (113 persons, i.e %); considerably less persons than in 2004 were exposed when hidden in trunks of cars (55 persons, which is four times less than in 2004). Illegal migration across the national border of the Czech Republic persons apprehended when hidden in a vehicle - comparison of the same periods of 2004/2005 Change in comparison with the Period 1Jan-31 Dec 1Jan-31 Dec previous year Year 2004 i.e.% i.e.% 2005 i.e.% i.e.% as [ %] as [ %] Illegal migration across the national border of the Czech Rep. persons detected 10, , ,06 hidden in a vehicle of them at the national border: airport with Poland with Austria with Slovakia with Germany NB not identified Persons detected hiding in vehicles were ascertained both while illegally entering the Czech Republic (48 persons, i.e % of the total number of 180 persons), and while leaving the Czech Republic when attempting to travel to other states (132 persons). The latter case includes persons detected by Czech police bodies as well as persons apprehended by border protection authorities of other countries. These persons prevailed in 2005 (96 persons, i.e % of the total number of 132 persons). Of the total number of 180 persons discovered hiding in vehicles attempting to cross the Czech national border, despite considerably lower numbers than in previous years, citizens of China dominated (97 persons, -195 persons, %). Chinese citizens were followed at a far distance by nationals of Turkey (8 persons, -2 persons, i.e %), Iraq (8 persons, +7 persons, i.e %), Vietnam (6 persons, -19 persons, i.e %), Russia (5 persons, -8, %), India (5 persons, +1 person, %), Ukraine (3 persons, -9, %), Belarus (3 persons, +2, %), and Poland (2 persons as in 2004). 132

133 III.3.7. Repeated Illegal Crossing of the National Border In 2005 in total 319 persons attempting repeatedly to cross the national border of the Czech Republic illegally were apprehended, which is substantially less than in the previous year (-1,129 persons, i.e %). At the same time the share of repeated attempts to illegally cross the national border decreased from 13.5 % in 2004 to 5.56 % in 2005, thus being the lowest ever number during the period in which this category has been monitored. Such year-on-year decline corresponds mainly to the lower representation of persons who attempted to illegally cross the Czech national border in the direction from the Czech Republic when they had been registered as asylum seekers in the Czech Republic. In spite of the aforementioned, the number of persons who were detected when attempting repeatedly to illegally cross the national border in the direction from the Czech Republic (87.8 %; in 2004 the share accounted for 97 %) prevailed. The majority of repeat attempts at crossing the national border illegally was reported from the border with Austria, however even here a considerable year-on-year decrease was seen (173 persons were detected repeatedly, -841 persons, i.e %). During almost the whole year the share of repeated illegal crossings of the national border oscillated below seven percent and increased to 12.3 % in December when registered asylum seekers more often appeared at the border (15.2 % of the total number of 389 persons detected in December). They were primarily citizens of India followed by citizens of Russia. Illegal migration across the national border of the Czech Republic persons detected more than once - comparison of the same periods of 2004/2005 Change in comparison with the Period 1Jan-31 Dec 1Jan-31 Dec previous year Year 2004 i.e.% i.e.% 2005 i.e.% i.e.% as [ %] as [ %] Illegal migration across the national border of the Czech Rep. persons detected 10, , ,006 repeatedly 1, of them the national border: airport with Poland with Austria 1, with Slovakia with Germany The largest group attempting repeatedly to illegally cross the national border of the Czech Republic was made up of citizens of Russia (72 persons, -859 persons, i.e %), Ukraine (23 persons, -39 persons, i.e %), Bulgaria (23 persons, +8 persons, %), India (21 persons, + 16 persons, i.e %) and Mongolia (20 persons, +12 persons, i.e %). Illegal migration across the national border of the Czech Republic persons apprehended with an irregular travel document, smuggled, hidden in a vehicle or attempting repeatedly to illegally cross the national border comparison of the same periods of 2004/2005 Month of 2005 I II III IV V VI VII VIII IX X XI XII Total Illegal migration across the national border of the Czech Republic Persons detected ,689 of them with irregular TD smuggled hidden in a vehicle repeat attempts

134 Some persons attempting to illegally cross the Czech national border try to do so on their own; others use the services of organisations of traffickers, smugglers or facilitators; some people use forged or falsified travel documents; some travel hidden in different vehicles; and some if they are not successful attempt to cross the national border again. All above-stated categories might be closely interconnected and individual cases usually fall into two or more categories. III.4. ILLEGAL MIGRATION IN THE CZECH REPUBLIC VIOLATION OF RESIDENCE RULES Violation of residence rules refers to cases in which a foreigner illegally enters the Czech Republic without his/her illegal entry being discovered, and continues to stay in the Czech Republic unlawfully; or as well cases in which a foreigner does not enter the Czech Republic illegally, but fails to leave the country after Number of persons Illegal Migration in the Czech Republic Violation of Residence Rules his/her legal residence period lapses, and continues to reside in the country without authorisation, i.e. illegally, thus violating the legislative conditions for foreigners residence. These are cases of foreigners staying in the country illegally which are registered by the Police of the Czech Republic. The data does not cover those cases described above regarding illegal migration across the national border of the Czech Republic. Foreign nationals residing in the Czech Republic illegally are often without any resources, having only limited opportunities to earn money for food and accommodation. Some of them commit in the Czech Republic criminal offences or they themselves become the victims of crimes committed by others. Unlawful residence is thus a large security risk for public order in the Czech Republic. Last but not least it is also a risk factor in terms of international terrorism. The numbers of persons detected as illegal migrants through the violation of residence rules increased from 2001 until 2003, however in 2004 a considerable decline was reported and this continued also in 2005 when units of the Czech police detected 9,800 aliens staying in the Czech Republic unlawfully (-6,896 persons, i.e %). In the year reviewed the monthly numbers of detected foreigners residing illegally in the Czech Republic fluctuated between 733 (in November) and 1,012 (in August) persons. The total number of persons detected as illegal migrants due to the violation of residence rules when attempting to leave the Czech Republic was 2,145 foreigners ( persons, i.e %). Most persons were apprehended on border crossing points between the Czech Republic and Poland (1,806 persons, i.e %), where however a decline, to a half of the number detected when compared to 2004, was seen ( persons, i.e %). The number of foreign nationals whose illegal residence was discovered by units of the Czech police inland was 7,655 ( persons, i.e %). Such persons were uncovered either during regular control activities or during targeted residence controls and security actions. Some foreigners Year

135 after having discovered that they were residing in the Czech Republic illegally came to the inland offices of the ABPS on their own initiative (2,822 persons) because they were afraid of sanctions which could make their further residence not only in the Czech Republic but also in other EU Member States more difficult. Some of them arrived in an asylum reception centre where they expressed a desire to apply for asylum. 85 Illegal migration violations of residence rules 2005 Months of I II III IV V VI VII VIII IX X XI XII Total 2005 Total persons detected ,800 of them when leaving the Czech Republic ,145 inland of the Czech Rep ,655 of them persons came him/herself ,822 On the basis of ABPS findings, and findings gathered by other units of the Czech police and state administration bodies, inspections were carried out which focused in particular on respecting residence rules, the purpose of residence prescribed by a visa, the meeting of duties resulting from the Act on the Residence of Aliens for both foreigners and landlords, the exposing of foreign nationals who reside in the Czech Republic after the expiry of their visa or after the lapse of the period of residence on the visa, and implementing measures in cases where laws and generally binding legal regulations in the Czech Republic (for example on the illegal employment of foreigners or exposing and investigating crimes committed by foreign nationals). Units of the Alien and Border Police Service perform controls in cooperation with Labour Offices, Trade Licensing Offices, and the Czech Trade Inspectorate. Collaboration with Customs Administration was positive especially as regards the complementarity of powers of both units, mutual coordination, and the utilisation of available technological equipment. A number of security actions carried out for the purpose of exposing the illegal residence of foreigners in the Czech Republic were aimed at companies, construction sites and enterprises suspected of illegally employing aliens (for example market places of the Vietnamese community, Chinese restaurants and fast food restaurants). If illegal residence of foreign nationals was detected in the Czech Republic fines had been imposed upon them, or they received a decision on administrative banishment and, in some cases, they were detained in Alien Detention Centres and deported from the country. Some foreigners after having been issued a decision on administrative banishment and a departure order continue to live in the Czech Republic. If such persons are detected by police officers of the ABPS in the majority of cases a proposal to commence criminal prosecution for the crime of frustrating an official decision is filed with a public prosecutor. However, almost always such cases, due to their low social danger, are returned to be solved under the Act on the Residence of Aliens, sometimes despite the fact that some persons had been issued a decision on administrative banishment repeatedly, even for a period of ten years, which is currently the maximum period provided for in law which foreigners can have imposed upon them. 85 Foreigners who were issued a decision on administrative banishment leading to deportation try to legalise their residence in the Czech Republic by applying for asylum since until a final decision on asylum they may stay in the Czech Republic. The said administrative banishment is enforceable after the asylum proceedings are closed and in the case that a negative decision is issued. 135

136 In some cases a foreign national, when he/she is issued a decision on administrative banishment, leaves the Czech Republic within the time limit stated in the decision in question, but illegally re-enters the Czech Republic with different travel documents which he/she obtains legally in their home country using the surname of his/her mother, spouse, or a maiden name. Using the described procedure such foreigners try to make it more difficult for police officers to reveal their identity on border crossing points. In 2005 basic units of the ABPS reported 95 foreigners who tried to prove their identity using a travel document furnished with a new surname and who travelled in the Czech Republic (or at least tried to cross the Czech national border) despite having been issued a decision on administrative banishment. Such foreigners were more frequently reported in the first half of the year. The vast majority of such persons were citizens of Ukraine. In spite of the above stated, such controls are not only of a repressive nature; their purpose is also preventative. Policemen inform aliens and landlords on alterations made to legal regulations and the consequences of their respective violation. If illegal migration involving the violation of residence rules as a whole is assessed, then individual ABPS TDs recorded a considerable year-on-year decline in the number of persons detected to be unlawfully residing in the Czech Republic. This corresponds, inter alia, to frequent controls and security actions carried out by units of ABPS, either independently or in cooperation with other state administration bodies. The mentioned year-on-year decline was also probably caused by improved legal awareness of some groups of foreign nationals and their effort to respect the time limit permitted since they were worried that administrative banishment could worsen their chances for future arrival in the Czech Republic or other EU Member States. Last but not least an important role in some areas was played by the fact that for example citizens of Ukraine, often living in the Czech Republic without a relevant residence permit, are deprived of jobs by EU nationals (in particular Slovaks) who reside in the Czech Republic legally. In 2005 most foreigners staying in the country illegally who were registered by the Czech police were registered in the territory administered by the ABPS TD of Prague (4,268 persons, i.e %), mainly in the capital city itself. It is obvious that Prague offers such people an anonymous environment, the support of their communities established by their compatriots in possession of residence permits, and a lot of opportunities to find accommodation, employment or other sources of getting money, including illegal sources. The ABPS TD of Prague reported also the highest numbers of persons detected inland (4,105 persons, i.e %), including persons who came to the police stations on their own initiative (1,336 persons, i.e %). Most persons violating residence rules who were detected when they attempted to leave the Czech Republic were registered by the ABPS TD of Ostrava (1,122 persons, +259, %) however higher numbers of persons detected in 2005 on Czech border crossing points were also reported from the ABPS TD of Usti nad Labem, although the gap between 2004 and 2005 was very narrow (104 persons, +5.5, +5.1 %). The distribution of illegal migration involving violation of residence rules according to ABPS TDs corresponded with its distribution within the territorial structure of the state. All regions reported a year-on-year decline. The largest number of foreigners illegally residing in the Czech Republic was detected in 2005 in Prague (3,669 foreign nationals, i.e %; persons, %), followed by the Moravian-Silesian Region (2,193 foreign nationals, -239 persons, i.e %) and the Hradec Kralove Region (940 foreign nationals, -2,360 persons, %). 136

137 III.4.1. Numbers of Persons and their Nationalities In terms of nationalities, the prevailing group in the category of aliens unlawfully residing in the Czech Republic was typically that of Ukrainian nationals (6,838 persons, i.e % of the total number), although when compared with the same period of 2004 even these nationals displayed a decline (-5,653 persons, i.e %). Slovakia 1.7% Moldova 1.7% Russia 2.9% Ukrainians were followed, at a very far distance, by citizens of Vietnam (598 persons, -121 persons, i.e %), and Violations of Residence Rules- Nationalities citizens of China (311 Germany persons, +25 persons, 100 % = 9,800 persons 0.7% i.e %). Belarus 3% China 3.2% Mongolia Romania 0.9% 1.6% Vietnam 6.1% Other 8.4% Ukraine 69.8% In the case of Vietnamese and Chinese nationals, both categories of illegal migration often overlap. As regards other nationalities detected as violating residence rules in the Czech Republic, it was ascertained that these entered the Czech Republic illegally. The majority of them arrived in asylum reception centres where, by applying for asylum, they legalised their illegal residence in the Czech Republic. Citizens of Ukraine became the largest group of foreigners detected as illegal residents either inland or on the border when they attempted to leave the Czech Republic. On the other hand, citizens of Vietnam and China were, as illegal residents, almost exclusively detected inland of the Czech Republic. Illegal migration violation of residence rules TOP 10 the same periods of 2003/2004/ Jan 31 Dec persons 1 Jan 31 persons 1 Jan 31 Dec i.e.% 2003 detected i.e.% Dec.2004 detected 2005 persons detected Total 21, Total 16, Total 9, of them 10 most numerous nationalities of them 10 most numerous nationalities of them 10 most numerous nationalities Ukraine 17, Ukraine 12, Ukraine 6, Belarus Vietnam Vietnam Vietnam Belarus China Moldova Russia Belarus Russia Moldova Russia China China Moldova Slovakia Slovakia Slovakia Lithuania Romania Romania Romania Bulgaria Mongolia Bulgaria Lithuania Germany Explanation: bold type non-neighbouring country; regular type neighbouring country i.e.% With regard to the category of violation of residence rules, statistics recorded, for the first time this year, persons using an irregular travel document or identity card (107 persons, -34 persons, %). In the total number of persons detected as those who violated residence rules such persons accounted just for one percent. However, their year-on-year share in the total number slightly increased 137

138 According to nationalities, Ukrainian nationals headed this category (52) followed by nationals of Vietnam (13). Although their numbers are considerably lower than the numbers included in the category of illegal migration across the national border, this category cannot be dismissed. Foreign nationals in this category either used their own documents but falsified the validity of the document, visa or stamp of the border crossing point or visa label, or alternatively proved their identity using a forged document of another person. This is a very serious fact since foreigners are residing in the country on the basis of a false identity, which did not only make detection of their residence more difficult (they could for example avoid administrative banishment), but these people had favourable conditions for being involved in criminal offences. Some persons who were detected to be residing in the Czech Republic illegally arrived in the country hidden in vehicles. This is typical for persons who subsequently apply for asylum. In 2005 this situation concerned 58 persons, most often citizens of China and Russia. A further 24 Chinese nationals were being transported, at the time when they were detected, hidden in the loading area of a truck. Some foreigners are ascertained more than once to be staying in the Czech Republic unlawfully (1,128 persons, -1,787 persons, i.e %). The share of persons in this category of the total number moderately increased. These are usually persons who do not respect administrative banishment, who do not depart within the prescribed period and who continue to stay illegally in the Czech Republic, as well as persons who violated residence rules repeatedly. Most persons who were detected more than once to be residing in the country illegally were Ukrainians (735 persons, i.e % of the total number of 6,838 citizens of Ukraine). Illegal migration violation of residence rules - repeatedly detected foreigners comparison with the same periods of 2004/2005 1Jan-31 1Jan-31 Period Change in comparison Dec Dec Year with the previous period Total number of persons detected of them most citizens of total of them repeatedly i.e.% total of them repeatedly i.e.% as [ %] absolute number 16,696 1, ,800 1, Ukraine 12,491 1, , Vietnam Slovakia Belarus China Russia Moldova Romania Serbia and Montenegro Algeria Explanation: Order according to the highest amount of persons detected more than once in the period given 138

139 III.5. SUPPRESSIVE MEASURES Chapters VII and VIII of the Act on Residence of Aliens define the duties of foreigners, carriers, prisons, and public administration bodies, as well as the duties of other persons. In Chapter XI, Section 156, the Act defines administrative minor offences (delicts), penalties, jurisdictions, and the rules of procedure for minor offences. Section 157 defines minor offences, penalties, jurisdictions, and other rules for dealing with minor offences. The minor offence procedure according to the Act on the Residence of Aliens is laid down by Act No. 200/1990 Coll. on Minor Offences, as amended, unless otherwise stipulated by the provisions of the Act on the Residence of Aliens. Minor offences are within the competence of the police. If a foreigner fails to comply with the requirements of the Act on the Residence of Aliens, his/her temporary or permanent residence permit may be taken away from him/her under conditions laid down by the law. The police may terminate an alien s residence by issuing an exit visa (exit order) (ex officio). The alien must leave the country by the time prescribed by the exit visa (exit order). Administrative banishment of foreigners is provided for in Chapter X of the Act on the Residence of Aliens. The term administrative banishment refers to the termination of an alien s residence in the country, accompanied by the specification of a time by which he/she must leave the country and a time period during which the alien is not permitted to enter Czech territory. The time period during which the foreigner must not enter the country is set until the expiry of the banishment. If the foreigner enters Czech territory before the administrative banishment decision expires, or if he/she fails to leave the country and is detected by the police, he/she is obstructing the banishment decided upon by an administrative authority, and his/her action provided that it represents a negligible threat to society - may be tried as a minor offence pursuant to the Act on the Residence of Aliens; if the situation meets the criteria laid down by the law, the administrative banishment may be extended for a longer period. Banishment of foreigners ordered by courts refers to a banishment sentence imposed within criminal proceedings by a court with regard to one or more criminal offences for which the alien has been convicted. In accordance with criminal legislation, the court may impose a banishment sentence either as an independent punishment or alongside another sentence. If the banishment sentence is imposed along with unconditional imprisonment, the banishment sentence will be executed after the prison term is partially or totally served. Data on foreigners banished upon the order of a court is included in the Report as additional information supplementing data on foreigners banished administratively. The Alien Police create conditions for the enforcement of the banishment sentence, issue travel documents for the foreigners concerned, and provide them with train or flight tickets to return to their home country. III.5.1. Minor Offences and Administrative Minor Offences (Delicts) In 2005 the basic units of the Alien and Border Police Service dealt with a total of 119,216 minor offences ( , %) and levied fines amounting to CZK 56.9 million (- CZK 11.5 million, %). Of these, 31,632 minor offences were solved in accordance with the Act on the Residence of Aliens in the Czech Republic (fixed penalties totalling CZK 20.2 million) and 86,938 minor offences were settled under Act No. 200/1990 Coll. on Minor Offences, as amended (fines to the amount of CZK 36.7 million). 549 minor offences were solved in relation to provisions of the Act on Border Protection, whilst 97 minor offences were registered pursuant to Section 93 of the Act on Asylum. In the equivalent period, the basic units of the Alien and Border Police Service dealt with a total of 994 (-349, %) administrative minor offences (delicts) under the Act on the 139

140 Residence of Aliens, where the total amount of fines was almost CZK 36.9 million (-16.8 million, %). III.5.2. Administrative Banishment Between the years 2001 and 2004 the number of foreign nationals who received from units of the Alien and Border Police Service decisions on administrative banishment steadily increased. In 2005 the units of the Alien and Border Police Service imposed final and conclusive administrative banishment orders on 10, 094 foreigners (-5,100 persons, i.e %). Due to the fact that a decision on administrative banishment may be issued to an individual foreigner more than once (for different reasons), the total number of issued decisions on administrative banishment was 13,988 (-5,574 cases, i.e %). The most frequent reason for using this measure in 2005 was violation of residence rules/illegal residence in the Czech Republic (10,347 decisions, -4,342, i.e %) and illegal crossing of the national border of the Czech Republic (1,925 decisions, -1,227, %). The predominant nationality among those issued with a decision on administrative banishment was that of Ukraine, as in the previous year (64.7 % of the yearly number of all decisions issued). In line with the development of illegal migration in the Czech Republic their year-on-year number decreased (6 527 persons, persons, i.e %). Citizens of Ukraine were issued with decisions on administrative banishment mainly because they violated residence rules. Ukrainians were followed at a far distance, as in 2004, by nationals of China (534 persons). The number of persons who received decisions on administrative banishment decreased roughly to a half of the number of the previous year (-596 persons, %), which corresponds with the lower numbers of Chinese nationals who were detected when attempting to illegally cross the national border of the Czech Republic. The same applied to citizens of Russia (509 persons, -309 persons, %). In contrast to the aforementioned, a year-on-year increase in the number of persons who were issued decisions on administrative banishment was reported with regard to citizens of India (187 persons, +45 persons, i.e %), Romania (150 persons, +33 persons, i.e %), Mongolia (130 persons, +16 persons, i.e. +14 %), and Turkey (100 persons, +24 persons, i.e %). Among 761 aliens (+328 persons, i.e %) who were actually 86 removed on the basis of a final and enforceable administrative banishment order, citizens of Ukraine were predominant, reaching the number of 432 (+188, %) banished persons, which made up more than a half of all administratively banished people (56.8 %). They were followed, at a far distance, by citizens of Moldova (73 persons, +43 persons, i.e %). A considerable percentage increase was displayed among citizens of Vietnam, although in absolute numbers the increase was quite low (67 persons, +59 persons, i.e %). In 2005, as in previous years, some cases occurred whereby foreigners who were issued a decision on administrative banishment did not leave the country and instead arrived in a reception centre and applied for protective asylum in the Czech Republic, and thus the enforceability of such administrative banishment decision was suspended and the foreigner concerned was able to stay for a number of subsequent months in the Czech Republic as an asylum seeker until a final and conclusive decision was issued. 86 The execution of administrative banishment (meaning that the foreigner has been escorted by the members of the Alien Police, based on a final and conclusive administrative banishment decision, to a Czech border crossing point). 140

141 III.5.3. Banishment Ordered by Courts In 2005 courts imposed banishment sentences, according to the provisions of Sec. 57 of the Criminal Code 87, as an independent punishment or along with another sentence, on 2,252 foreigners. Of all banishments imposed by courts in 2005 the majority (40.8 % of the total number of banishments ordered by all courts) was imposed upon citizens of Ukraine (919 persons, +14 persons, i.e %) followed by citizens of the Slovak Republic who accounted for 15.5 % (350 persons, +61 persons, i.e %), and citizens of Vietnam who accounted for 5.5 % (124 persons, +31 persons, i.e %). The share of other nationalities did not exceed five percent. During the course of the same year, the Alien and Border Police enforced 610 banishments imposed by courts pursuant to a court injunction on a banishment sentence, issued by the presiding judge (Section 350c 350f of the Rules of Criminal Procedure). Within a sentence of extradition, so that the foreigner concerned was deported from the Czech Republic to be prosecuted abroad, 67 persons were banished, and within a sentence of deportation for imprisonment outside of the Czech Republic, 37 persons were banished. In total 714 foreign nationals were deported under court decisions, of whom citizens of Ukraine prevailed (348 persons, i.e %) followed by citizens of Slovakia (96 persons, i.e %), Vietnam (30 persons, i.e %), Belarus (29 persons, i.e %), Lithuania (29 persons, i.e %), and Romania (18 persons, i.e %). Banishment sentences, in accordance with the above-mentioned provisions of the Criminal Code, were imposed upon 85 aliens in their absence (Section 350g of the Rules of Criminal Procedure) 88. In 1,453 cases the Alien and Border Police were not able to enforce a banishment sentence despite an injunction, because the foreigner in question had not been put into banishment custody and was independently released to leave the Czech Republic (Section 350b of the Rules of Criminal Procedure). III.5.4. Alien Detention Centres The Alien and Border Police was running, as of 31 December 2005, five centres 89 in which aliens are required to stay under a decision made on detention for the purpose of administrative banishment. As of the same date the detention centre in Balkova was abolished. Under Act No. 428/2005 Coll., amending the Act on the Residence of Aliens, authorisation to establish and operate Alien Detention Centres was transferred from the Czech police to the Ministry of the Interior of the Czech Republic. Within the Ministry it is the Refugee Service Administration which is in charge of this task. 90 Police officers carry out services in such facilities only within the scope stipulated by the amendment to the Act on the Residence of Aliens (admissions of foreigners to a facility, surveillance within a stricter regime, surveillance of foreigners in hospitals in open departments, and so forth). 87 Act No. 140/1961 Coll., Criminal Code, as amended. 88 Act No. 141/1961 Coll. on Criminal Court Procedure (the Rules of Criminal Procedure), as amended. 89 Balkova (opened on 5 November 1998), Postorna (opened on 5 September 2000), Velke Prilepy (opened on 1 February 2002), Frydek Mistek (opened on 1 July 2002). In Bela pod Bezdezem-Jezova, a branch of Velke Prilepy II was opened on 10 June 2002 a facility for placing families, or mothers with children. This facility has operated as an independent centre since 1 March See Chapter II.6.5. Asylum Facilities 141

142 From the time when the first detention centre was established on 5 November 1998 until 31 December 2005 these centres accommodated a total of 24,097 foreign nationals. A total of 23,690 foreigners were released from these facilities; of them, until the amendment to the Asylum Act came into effect, i.e. until 1 February 2002, 10,362 foreign nationals were released to participate in asylum proceedings. In the period from 1 February 2002 until 31 December 2005, 3,536 foreigners staying in these facilities applied for asylum. In the last two years the number of asylum seekers in the Alien Detention Centres considerably decreased despite the fact that in 2005 the number of aliens who were detained in such facilities increased. During the existence of such facilities 6,794 foreigners were banished, and 760 foreigners were handed over to neighbouring countries in accordance with readmission agreements. If considering only the year 2005, 1,965 foreigners (+517 persons, i.e %) were placed in these facilities During the year monitored 2,036 foreign nationals (+600 persons, i.e %) were released from such facilities (some of them were detained in the previous year). Returning persons to neighbouring countries in accordance with readmission agreements was more successful than in previous years (279 persons, +86 persons, %), and the number of persons who were banished from the Czech Republic substantially increased (772 persons, +293 persons, %). However, still there are problems with embassies and consulates of some countries accredited in the Czech Republic as regards the verification of the identity and issue of supplementary travel documents (for example India, Vietnam, or China). Embassies and consulates of these countries do not respond to the requests of Directorates of the ABPS or they react only in a very limited way. 505 foreigners (-118 persons, %) applied for asylum It should be added that the aliens detained in the facilities are able to apply for asylum within seven days of being informed about the possibility to do so. Despite an application having been lodged, the alien will remain in the facility until a final and conclusive decision on asylum is issued, or rather until the end of the statutory detention period. 142