RECOMMENDATIONS TO THE DANISH PRESIDENCY OF THE COUNCIL OF THE EUROPEAN UNION JANUARY - JUNE 2012

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1 International Organization for Migration (IOM) Organisation internationale pour les migrations (OIM) Organización Internacional para las Migraciones (OIM) RECOMMENDATIONS TO THE DANISH PRESIDENCY OF THE COUNCIL OF THE EUROPEAN UNION JANUARY - JUNE 2012 Building on the Presidency Trio Programme and the EU s agenda for 2012 under the Stockholm Programme, the coming months will include Council discussions on the renewed Global Approach to Migration and Mobility (GAMM), legislative and policy initiatives in the field of legal migration, as well as negotiations on the future of EU funding for migration programmes under the Multi-annual Financial Framework. Although Denmark has an opt-out in the area of EU justice and home affairs policy, the Presidency will have an important role to play in bringing forward the EU agenda on migration and can advocate for adequate funding for the years to come. In the context of the Danish Presidency s core priorities of a responsible, dynamic, green, and safe Europe, migration issues such as related EU budget allocations, facilitated legal migration and integration to meet labour shortages, climate change and migration, as well as strengthened migration management and the further development of external aid policy will remain relevant for the first half of As the International Organization for Migration wraps up its 60 th anniversary celebrations, recent months have illustrated the growing strategic cooperation between IOM, the EU and its Member States. In November 2011, IOM s Director General and the European Commissioners for Home Affairs and Development signed a Framework Agreement to streamline the contracting and implementation of joint projects. The following month, IOM and the EC jointly launched the World Migration Report on Communicating Effectively about Migration in Brussels. In December 2011, IOM was also invited for the first time to lead a joint action engaging all Member States under the EU s Health Programme and with the aim of fostering healthcare provision for migrants and ethnic minorities, including Roma. IOM looks forward to working with the Danish Presidency and EU Member States to strengthen cooperation in this growing health field and to further develop practical cooperation across the pillars of the GAMM. In this context, IOM is pleased to present its recommendations to the Danish Presidency on the Global Approach to Migration and Mobility and on labour migration and integration. Further to the Organization s separate recommendations on the EU s Multi-Annual Financial Framework (see Annex I), we also look forward to supporting the Presidency and EU institutions in the elaboration of the next generation of financial instruments for migration programming. Regional Office for the European Economic Area, EU and NATO 40 rue Montoyerstraat 1000 Brussels Belgium Tel: Fax: ROBrussels@iom.int Internet:

2 GLOBAL APPROACH TO MIGRATION AND MOBILITY Following the European Commission s (EC) Communication on the GAMM of November 2011, the renewal of the EU s Global Approach will be on the agenda of the Council of the EU and European Council in the coming months, with Conclusions expected to guide its implementation. IOM has welcomed the extensive consultations that led to the EC s recommendations on the Global Approach to Migration and Mobility and stands ready to support the Danish Presidency in its implementation. Throughout its contributions to the EC s 2011 consultations on external action and home affairs, IOM has recommended increased attention to facilitating mobility and legal migration; policy coherence among related EU policy areas; mainstreaming migration into development planning, improved communication on migration (including through Migrant Resource Centres); inclusion of inter- and intraregional migration challenges in the EU s policy response; a migrant-centred approach that engages diasporas; and increased attention to migrants human rights. We welcome the reflection of these elements in the GAMM and the complementary Commission Staff Working Paper on Migration and Development. With regard to the links between migration, the environment and climate change, IOM has contributed extensive recommendations to the EC on the priority areas of research and data, terminology, protection and legal issues, minimising and responding to forced migration, and migration as an adaptation response. IOM looks forward to further engagement in these issues and the development of the EU s policy in the context of the GAMM and the Danish Presidency priorities. The Commission has recommended that the GAMM be promoted as the overarching strategic framework of the EU s external migration policy, with Mobility Partnerships as the principal tool. In the context of the Danish Presidency priorities for a responsible and safe Europe and building on its experience as a signatory of the EU-Georgia Mobility Partnership, Denmark can play an important role in operationalizing the renewal of the EU s Approach. In the context of negotiations for the EU s Multi-annual Financial Framework and in line with its previous recommendations (see Annex I), IOM urges the Danish Presidency to support the GAMM s increased emphasis on mobility with adequate financial allocations for promoting legal migration channels, facilitating labour mobility and supporting the integration of migrants. Between 2007 and 2010, only 13% of the external aid projects awarded funding by the EU s Thematic Programme on Migration and Asylum specifically focused on legal migration, and legal migration has not yet been targeted for a thematic global project. At the same time, the EU s internally focused Framework Programme for Solidarity and Management of Migration Flows currently supports only the integration component of this GAMM pillar. Furthermore, while monitoring of the GAMM as well as policy and programming coherence have gained increased prominence in the EC s Communication, the mechanisms to implement these concepts have not yet been elaborated. The European Commission s November 2011 Report on Policy Coherence in Development points to a number of important EU developments and good practices in the area of migration in the last two years; however, a detailed monitoring framework for the GAMM is needed in order to provide a thorough analysis of the implementation of and balance among the Approach s four pillars (facilitating legal migration and mobility; preventing and reducing irregular migration and trafficking in human beings; promoting international protection; and maximizing the development impact of migration) as well as attention to cross-cutting issues such as a migrant-centred approach and migrants - 2 -

3 human rights. At the level of GAMM tools, IOM is currently supporting the Republic of Moldova to develop an evaluation mechanism for Mobility Partnerships as well as to pilot a sustainable, locally owned Extended Migration Profile. Moreover, in line with the Commission s aim of simplification of its financial instruments post-2013, the importance of coordination across thematic and geographic EU funding programmes increases with the inclusion of an external dimension in the funds managed by DG Home Affairs. An additional area for consideration in Council discussions on the GAMM is the EU s future response to migration crises and post-crisis recovery as in the recent case of mixed flows within North Africa and onward to the EU arising from the conflict in Libya. IOM has cooperated closely with the 2011 Presidencies, the Council, Commission services, and the European Parliament in the response to these events and is currently forming an ad hoc internal working group to prepare a medium- to long-term strategy for its stabilisation efforts in the Middle East and North Africa. We look forward to continuing collaboration with the Danish Presidency during this crucial period for EU efforts in the Southern neighbourhood. Migration crises have both humanitarian and security dimensions beyond the scope of the GAMM s new pillar on international protection, and the lessons of the 2011 emergency operations merit further attention. IOM has worked with the EU in its implementation of the Global Approach to Migration since its adoption in 2005 through policy recommendations, management of EU-funded projects worldwide, facilitation of dialogue between the EU and third countries at regional/bilateral levels, support to the establishment of EU Mobility Partnerships, and piloting of Extended Migration Profiles. The ACP Observatory on Migration (empowered by IOM), the IOM- UNHCR emergency and evacuation assistance in North Africa, the Asia-EU Dialogue on Labour Migration, the Capacity Building in Migration Management in China projects, as well as supporting programmes to the EU-LAC Dialogue on Migration and the migration and development component of the EU-Moldova Mobility Partnership are just a few key examples of such cooperation. Building on this shared experience, IOM looks forward to developing strategic cooperation with the Danish Presidency and the EU institutions within the GAMM. The recent signature of the IOM-EU Framework Agreement can further support this collaboration in terms of development and implementation of EU-funded projects. Considering the Approach s geographic priorities, IOM s international membership and active role in regional and global consultative processes put it in a unique position for enhanced partnership with the EU. With regard to the GAMM s operational priorities, we will continue to share our experience in activities such as support to EU Mobility Partnerships, the establishment of Migrant Resource Centres (also called Migration and Mobility Resource Centres ), mainstreaming migration in development, piloting sustainable Extended Migration Profiles, facilitation of resettlement programmes, migration and climate change, as well as migration and health. In this context, IOM encourages the Danish Presidency to focus on refinement and endorsement of the EU s renewed Global Approach to Migration and Mobility, in particular by: Advocating for adequate financial support for migration management and to the Approach s increased emphasis on labour mobility in the context of negotiations on the Multi-annual Financial Framework; Leading discussions on monitoring of the GAMM and its tools, as well as coherence in EU policy and programming on migration; - 3 -

4 Proposing increased attention to the EU s response to climate change and migration as well as migration crises in the context of the GAMM; and Supporting exchange of experience on Mobility Partnerships and other GAMM priorities among the EU, its partners and civil society. IOM stands ready to offer its expertise in transferring lessons learned in support of ongoing dialogues with Egypt, Morocco and Tunisia. LABOUR MIGRATION AND INTEGRATION The Danish Presidency will be tasked with steering EU politics during a period which is likely to continue posing challenges to the European economies, and to be accompanied by restrictive political discourse on migration and heightened negativity in the media. The Danish Presidency is, thus, called upon to keep the focus on developing a more coherent legal migration policy in the EU, in line with the priorities set by Europe 2020 and the Stockholm Programme. In particular, IOM welcomes the joint effort of DG Home Affairs and DG Employment to release a Green Paper on Labour Shortages/Economic Migration in the first half of 2012 and, thereby, launch a public consultation on a strategic approach for the EU that would attract global talent to the region and create conditions for the better integration and acceptance of migrants. In addition to promoting progress on the pending directives on legal migration, the Danish Presidency can play a role in highlighting the importance of appropriate transposition of the directives already adopted. As evidenced by the EC s 2011 evaluation of the Long-term Residents Directive, there has been inadequate transposition of the provisions, as well as of the EU rules on the entry and residence of students, pupils, unremunerated trainees and volunteers. This is also the case for the Blue Card Directive, which was to be transposed by June 2011, and the Family Reunification Directive, which is to be reassessed by a public consultation in the first half of An important obstacle in this context remains the recognition of migrants qualifications, skills and work experience. A high number of migrants find themselves unemployed or working in low-skilled, temporary and underpaid jobs irrespective of their education and level of competencies. This constitutes an important loss as brain waste, not only for the affected persons, but also for the receiving societies and their economies. Procedures for recognition of qualifications and skills for regulated professions in the EU tend to be lengthy, expensive and bureaucratic. Validation of informal and non-formal learning remains an underdeveloped area. The debate on this challenge needs to be renewed, in particular in light of the Europe 2020 goals, which call on the EU to develop a skilled workforce. In this regard, the IOM Independent Network of Labour Migration and Integration Experts (LINET is preparing a relevant comparative study as well as an expert seminar to take place during the time of the Danish Presidency. Despite the obvious need for diversification in today s rapidly evolving societies and economies, migration remains a highly politicized issue and is often negatively perceived. As emphasized by the European Agenda for Integration, public concern over the limited integration prospects of migrants is one of the most pressing current challenges. The image of migrants in the EU Member States acquires fundamental importance in the context of new policy challenges related to the successful societal integration of already residing migrants and, more broadly, the way - 4 -

5 migration is perceived and experienced by the community at large. As highlighted in IOM s 2011 World Migration Report Communicating Effectively about Migration, there are many examples of good initiatives by governments, civil society, international organizations and the media which aim to promote a positive image of migrants. However, these initiatives will need to be supported by strong political will and a long-term strategy to achieve a lasting impact. The Danish Presidency is in a good position to contribute to building an open, balanced and comprehensive migration discourse at the EU and national levels. A constructive, wellinformed debate will begin with a broader consideration of the place that migration might realistically occupy in demographic, social and economic planning. From this perspective, it may be possible to reframe the discourse so that it yields a more informed mainstream consensus. There is a need to openly discuss effects both positive and negative in an open and balanced way. Dissemination of information that addresses the concerns at hand, clearly explaining the rights of citizens and non-citizens, helps eliminate misunderstandings and ensures that policies are perceived as fair and respectful of everyone s rights. It should not be forgotten that the media have significant influence over public discourse, shaping public opinion and thereby affecting all stakeholders, especially policymakers and politicians. Balanced media reporting means avoiding single-issue headlines, over/underrepresentation of particular groups, and blanket labelling and stereotyping. Governments play a crucial role in creating the social and political climate in which fair and accurate reporting can thrive. Strong leadership is, therefore, important in ensuring the delivery of a more balanced view on migration. Another significant way of reducing the level of misperception and its impact on migrants, whether as a result of political discourse or through media reporting, is to ensure that migrants themselves become active participants in the public debate. IOM welcomes the plans of the Danish Presidency to share European practices during an April 2012 conference on Enhancing democratic values, promoting social cohesion and furthering intercultural dialogue in Vjele, Denmark. The Council of the European Union has just endorsed the EC s Agenda for Integration by proposing a new set of tools to move EU integration policies forward. The Conference to be held in Vjele will be a good occasion to intensify cooperation on integration among the EU Member States, and to discuss the development of a non-binding coordination mechanism for European knowledge exchange on Integration and of a monitoring system among the EU Member States. The European Modules shall be debated further so that these become adequate guiding instruments for the Member States. As an organization with representations in countries of origin, transit and destination, IOM stands ready to provide input, in particular on possibilities for cooperation with countries of origin in supporting the integration process in Member States. This can include pre-departure measures and research on how a successful integration policy can have a positive impact on the development of countries of origin. With regard to labour migration and integration, IOM recommends the Danish Presidency to: Maintain momentum on the development of a coherent legal migration policy in the EU, in line with the priorities set by Europe 2020 and the Stockholm Programme; Renew EU debate on the challenge of recognition of migrants qualifications; Contribute to building an open, balanced and comprehensive migration discourse at the EU and national levels, including recognition of the role of media; - 5 -

6 Intensify cooperation and exchange on integration among the EU Member States and in consultation with countries of origin and diaspora associations. *** Denmark holds the Presidency during a challenging time for European economies, impacting the availability of funding for comprehensive migration management as well as the political discourse and public perception of the contribution of migrants to society. IOM stands ready to support the Danish Presidency and EU in the implementation of the Global Approach to Migration and Mobility as the EU strategic framework, in the elaboration of the future geographic and thematic EU funding programmes, and in strengthening EU efforts to facilitate labour mobility and integration. As was the case for past Presidencies, IOM would be pleased to assist Denmark through contributions to the discussions of the EU High Level Working Group on Asylum and Migration and relevant expertise from across the organisation. Annex I: Recommendations for the Revision of the EU s Financial Instruments Beyond

7 Annex I: Recommendations for the Revision of the EU s Financial Instruments Beyond 2013 (1 May 2011) Introduction As the leading international agency on migration management, the International Organization for Migration (IOM) has established close cooperation with the EU institutions engaged in migration matters and worked with a range of EU financial instruments under the current multi-annual financial framework. The present paper provides recommendations on the EU s funding strategy beyond 2013, future priorities, and the delivery of funds based on IOM s experience as a project implementer for internal and external actions financed by the European Union. In line with the EU 2020 Strategy and the Stockholm Programme, IOM supports the view that future funding should be prioritised so as to foster smart, sustainable and inclusive growth and be based on the principles of solidarity and shared responsibility among Member States. Although the evaluation of the Global Approach to Migration is currently underway, IOM considers its original principles of solidarity, balance and true partnership with countries of origin and transit to still be relevant to orient external action. IOM fully supports a continued three-pillar approach that promotes mobility and legal migration, optimises the link between migration and development, and prevents and combats irregular migration. Based on the above-mentioned structure of the paper, IOM proposes the following ten recommendations for consideration in the revision of the EU s financial instruments beyond 2013: 1. The growing importance of migration issues on the EU s agenda should be reflected in increased funding linked to policy priorities. 2. Increased coherence is needed among the EU actors engaged in developing migration policies and the resulting programming of the EU s financial instruments for internal and external action. 3. A funding balance should be ensured among the three pillars of the EU s Global Approach to Migration, while increasing the geographic flexibility of internal and external financial instruments. 4. The EU should invest more in promoting legal migration channels, facilitating labour migration and supporting the integration of migrants. 5. EU actions to address irregular migration should maintain a comprehensive approach that ensures the fundamental rights and dignity of migrants and promotes multi-agency cooperation. 6. Funding should be increased for emerging issues and support to cross-cutting migration priorities. 7. The EU should maintain the focus of its humanitarian aid on needs-based response to crises and increase support for disaster prevention and preparedness. 8. Implementation rules and eligibility conditions should be simplified and harmonized across the EU s financial instruments. 9. Alternatives to cash co-financing should be considered in order to increase accessibility to funds. 10. Joint management should be used more consistently with expert international organizations and complemented by grant-based funding. Annex I - i

8 EU Funding Strategy 1. The growing importance of migration issues on the EU s agenda should be reflected in increased funding linked to policy priorities. As proposed in the Commission s EU Budget Review 1, the weight of spending in the next multiannual financial framework should mirror the EU s core priorities. Since the Framework was negotiated, the EU 2020 Strategy, Stockholm Programme, European Pact on Immigration and Asylum, and strengthened Global Approach to Migration have all underlined the importance of migration for the growth, values and global interests of the European Union. The related budget lines for internal and external action should, therefore, be increased to match the EU s ambitions in this field. 2 In IOM s view, particular attention should be paid to supporting the below-listed priorities as well as the objectives and tools of the Global Approach in external action, including allocating adequate funds for the growing number of Mobility Partnerships, Migration Profiles, Cooperation Platforms, and Visa Facilitation and Readmission Agreements. 2. Increased coherence is needed among the EU actors engaged in developing migration policies and the resulting programming of the EU s financial instruments for internal and external action. In line with the aim of the Global Approach 3 to mainstream migration into other policy areas, the number of EU institutions involved in policymaking, identification of priorities and the management of funding for migration has expanded significantly in recent years, including the European External Action Service (EEAS), European Commission, EU agencies, EU Delegations, European Parliament, Council of the European Union, EU Member States, and specially established Joint Management Authorities. DG Home Affairs, DG EuropeAid and DG Humanitarian Aid are no longer the primary stakeholders in the fields of migration and displacement in the European Commission, as links have also developed to policy areas such as fundamental rights and citizenship, employment, social inclusion, enlargement, research, health, education and culture, climate change, environment, trade, customs, and regional development. The EU s borders agency, Frontex, had only just been established at the time the previous financial framework was being developed and is now complemented by the European Asylum Support Office. The Fundamental Rights Agency and Europol are similarly key stakeholders, and agencies such as the European Centre for Disease Prevention and Control and the European Agency for Safety and Health at Work are increasingly engaged with migration matters. The available EU programmes to fund migration projects within and outside the EU are similarly diverse and increasingly complex (see Annexes I III). In support of the continued efforts to mainstream migration, internal coordination among this growing number of European actors needs to be enhanced. For example, the establishment of an internal working group among the Commission services, agencies and the EEAS, with the ad hoc invitation of partner organizations could add value. Similar to the EU mechanisms established for Roma inclusion, this regular interaction could facilitate the links between European policy priorities and funding programmes, the harmonisation of funding approaches, and the reduction of duplication. As the management of EU external funds is increasingly 1 European Commission, The EU Budget Review COM(2010) The indicative budget of the Thematic Programme on Migration and Asylum, the main financial instrument supporting the Global Approach to Migration, is EUR 384 million for This represents only 6.86% of the available funding of EUR billion for thematic priorities under the Development and Cooperation Instrument (DCI) and 2.27% of the overall available DCI funding. Migration is, however, indicated as one of twelve global challenges that have been prioritised by the European External Action Service ( 3 European Commission, Strengthening the Global Approach to Migration: Increasing Coordination, Coherence and Synergies COM(2008) 611 Annex I - ii

9 decentralised, the capacity of EU Delegations should also be enhanced in order for them to participate actively in the formulation and promotion of EU migration policy. Efforts to increase coherence across funding instruments should, however, maintain specific geographic and thematic programmes for EU external action. As relates to migration priorities, IOM considers that country and regional funds should be used more consistently as a complement to a more focused Thematic Programme on Migration and Asylum. 3. A funding balance should be ensured among the three pillars of the EU s Global Approach to Migration, while increasing the geographic flexibility across internal and external financial instruments. The EU s Thematic Programme on Migration and Asylum is the primary financial instrument supporting the implementation of the Global Approach to Migration and its three pillars: promoting mobility and legal migration, optimising the link between migration and development, and preventing and combating irregular migration. The current funding balance allows for the interests of the EU and its partner countries to be represented in project selection and for a comprehensive approach to migration opportunities and challenges. In view of ongoing discussions among the EU institutions about the future division of financial instruments between (1) migration and asylum and (2) security-related priorities for irregular migration, IOM underlines the importance of close coordination as well as the need for continued funding to migration initiatives that build capacity to manage both regular and irregular migration. As an agency working on a wide range of migration themes, IOM recognises the potential limitations of the Thematic Programme on Migration and Asylum to fully qualify as Official Development Assistance (ODA). IOM considers that if the Thematic Programme is divided, a balance of funding among the three pillars of the Global Approach should be maintained across external migration instruments, and the current principles of engagement and buy-in from beneficiaries in EU partner countries should be upheld in both migration and security-focused projects. The internal and external EU programmes to fund migration projects each have their respective geographic eligibility criteria (see Annexes I III). Given the global nature of the migration phenomenon, IOM believes these programmes should be more closely linked and that the geographic scope of future financial instruments should allow for more projects to include substantive cooperation between EU Member States and non-eu countries of origin and transit. This could involve the specific inclusion of an external dimension in funding programmes currently managed by DG Home Affairs. The Thematic Programme s prioritization of funding according to migration routes can add value by promoting cooperation among countries of origin and transit; however, more flexibility is needed on the geographic limits to allow for changing flows, to accommodate countries on multiple routes (e.g. Middle East), and to group countries with complementary priorities and approaches to migration management. Given that the Programme focuses primarily on migration flows from third countries to the EU, there is also a funding gap to support the management of south-south/intraregional and interregional migration, as well as flows through the candidate countries (e.g. Western Balkans and Turkey, which were previously eligible under the AENEAS programme). Annex I - iii

10 Priorities for EU Funding 4. The EU should invest more in promoting legal migration channels, facilitating labour migration and supporting the integration of migrants. The EU 2020 Strategy has identified the need for a comprehensive labour migration policy and better integration of migrants in order to meet the Union s goals for smart, sustainable and inclusive growth. The Strategy similarly highlights the demographic challenge that the EU is facing, for which migration represents one of the answers. IOM strongly believes that the successor to the EU s General Programme for Solidarity and Management of Migration Flows should include labour migration as a specific thematic priority in addition to the current focus on borders, integration, refugees, and return. A dedicated lot or theme would support more coherent and strategic interventions in line with European goals. Pre-departure and post-arrival initiatives that contribute to social, economic and cultural integration of migrants in the EU should also be supported in the next financial framework, such as through prioritisation within the European Social Fund, Progress, structural, and external funds, as well as an increase in available financing within the successor to the Integration Fund. DG Justice funding available for EU citizenship should also prioritise the inclusion of EU nationals, and particularly Roma and other minorities, who may face similar barriers to migrants within the European Union. Linked to the external dimension of the EU s labour migration objectives, IOM considers it essential that the development potential of migration receives further support as a contribution to the growth and prosperity of both countries of origin and destination. Migration and development initiatives such as temporary and circular migration programmes, facilitated remittance transfers and financial literacy, and diaspora engagement in development are particularly relevant to complement efforts to increase labour mobility and enhance the development of third countries. IOM considers that there is a need to further invest in evaluating the impact of migration and development projects, as well as to learn from past experience in order to design impactoriented policies in this sector. 5. EU actions to address irregular migration should maintain a comprehensive approach that ensures the fundamental rights and dignity of migrants and promotes multiagency cooperation. The EU s response to irregular migration will remain a key priority for the upcoming financial framework in the context of the EU s efforts to develop a common immigration policy. In this regard, IOM emphasises that a comprehensive approach to policy and funding priorities should be maintained that balances the needs of the labour markets, law enforcement, public health, and protection. In line with Recommendation #4 on labour migration, the contribution of legal migration programmes to reducing irregular migration should also be underlined. Voluntary return programmes represent an essential component of sound migration management systems and offer a humane and dignified means of return for stranded migrants. In line with the Stockholm Programme priorities to combat irregular migration, voluntary return should continue to be supported as the preferred option over forced return and also be consistently linked to reintegration measures in order to promote the sustainability of returns. Further to the 2011 Commission Communication evaluating the EU readmission policy 4, it will be essential that funding is allocated to support the strengthening of migration management and asylum systems in partner countries entering into readmission agreements with the EU. IOM believes that support should also be ensured for the establishment or enhancement of voluntary return mechanisms for third-country nationals, reintegration measures for returning own nationals, as well as a framework to monitor the treatment of persons readmitted by the EU. 4 European Commission, Evaluation of EU Readmission Agreements COM(2011) 76 Annex I - iv

11 As a complement to the technology investments planned to enhance the management of the EU s external borders, it will be important that the EU continues supporting activities to train law enforcement personnel, border guards, and customs officials, study the impact of these technologies, and exchange good practices and lessons learned among Member States. In particular, these complementary measures should incorporate resources for research and training on cross-cutting issues such as fundamental rights, gender and health, as well as monitoring mechanisms and measures that ensure the full respect of EU standards for data privacy. In the fight against trafficking of human beings, multi-agency cooperation among expert international organizations, civil society, law enforcement, judicial authorities, as well as countries of origin, transit and EU countries of destination, should also receive additional support. In line with the EU s objectives in this field and efforts to combat human smuggling, the further development of such cooperation would contribute to increasing the number of prosecutions of traffickers and smugglers as well as the protection of victims. As recommended by the EU s Fundamental Rights Agency 5, IOM believes that monitoring and evaluation of the respect of migrants fundamental rights should be integrated more systematically in the above-mentioned activities to prevent and reduce irregular migration. 6. Funding should be increased for emerging issues and to support cross-cutting migration priorities. The instruments under the next multi-annual financial framework should be flexible to adapt to emerging migration issues and respond quickly to unexpected pressure on the management capacity of asylum and migration structures in the EU Member States. Recent events in North Africa as well as continued pressure on the reception capacity of the southern EU Member States demonstrate the need for a dedicated emergency funding instrument available to meet the EU s solidarity commitments and ensure the fundamental rights and dignity of migrants and asylum seekers arriving in Europe. In support of EU partner countries in crisis, the scope of the current Instrument for Stability could also be expanded to facilitate swift financial support for interventions linked to recovery and in dealing with post-crisis population movements. Emerging EU priorities such as the linkages between climate change, environmental degradation and displacement as well as health and migration should be supported in both internal and external actions. Greater frequency and intensity of extreme weather events and increased environmental degradation as a result of climate change are expected to result in a significant increase of migration flows. While forced displacement can be considered a failure of adaptation, it should also be recognised that migration can constitute a positive adaptation strategy, especially at the early stages of environmental degradation. This year s Commission consultation on climate change and migration represents an opportunity to develop a coordinated and coherent EU approach to the multiple challenges and should be supported as a new priority area in relevant EU financial instruments. Addressing the health needs of migrants and ethnic minorities, as well as the health inequalities that disproportionately affect them, avoids long-term health costs and contributes to good public health and more equal societies. Although the linkages between migration and health have long been recognised by health professionals, the Council Conclusions on Health and Migration 6 first highlighted this relationship as an EU priority in The Conclusions have been supported by 5 Fundamental Rights Agency, The Stockholm Programme: A chance to put fundamental rights protection right in the centre of the European Agenda (November 2009) 6 Conclusions of the 2837 th Council Meeting for Employment, Social Policy, Health and Consumer Affairs on Health and Migration in the EU 15609/07. Annex I - v

12 subsequent EU policy initiatives 7 to develop the health workforce, reduce health inequalities as well as to combat HIV/AIDS and tuberculosis. In order to meet these commitments, the migration-health nexus should receive increased attention in both health and migration programming. Since the launch of the financial framework, resettlement has also moved up on the EU s agenda following the 2008 Policy Plan on Asylum and the European Pact on Immigration and Asylum 8. It will be essential that momentum is maintained following the introduction of the EU Joint Resettlement Programme 9, that practical cooperation among EU Member States is further developed, and that funds for resettlement are earmarked under the successor to the European Refugee Fund. v Key cross-cutting issues: Data collection and cooperation platforms Spanning across migration themes, the lack of reliable and comparable data remains a key challenge to inform evidence-based policies in the EU and partner countries. In this regard, the EU should increase support for migration data management as well as the implementation of Extended Migration Profiles in partner countries and also in EU Member States. Previous EUsupported initiatives in West Africa and the Eastern Partnership as well as the ongoing IOM pilot in Moldova can provide the needed lessons learned for wider implementation. In line with the Global Approach to Migration, the EU should maintain its engagement in multilateral, global and regional cooperation platforms on migration. At a regional level, the EU could add value by supporting the establishment of a regional consultative process on migration for the Caribbean and the extension of the Söderköping Process for the Eastern Partnership. 7. The EU should maintain the focus of its humanitarian aid on needs-based response to crises and increase support for disaster prevention and preparedness. As endorsed in the EU Consensus on Humanitarian Aid, humanitarian funding should remain independent from political objectives and adhere to the principle of funding according to level of needs. IOM welcomes the EU s efforts to improve its disaster response by enhancing coordination between the European institutions and EU Member States, including within the civil protection mechanism instrument. Funding towards this mechanism should ensure a stronger needs-based deployment of EU MS assets when responding to humanitarian crises. IOM supports the EU s increased attention to disaster preparedness and, in particular, the systematic mainstreaming of disaster risk reduction (DRR) activities within its humanitarian aid. The current funding allocated to DRR remains very limited, however, and IOM considers that an increase in this sector is needed. 7 These initiatives include the Green Paper on a Workforce for Health - COM(2008) 725, the Framework Action Plan to Fight Tuberculosis in the EU (2008), the Communication on Combating HIV/AIDS in the European Union and neighbouring countries, COM(2009) 569, the Communication on Solidarity in Health: Reducing Health Inequalities in the EU - COM(2009), and the Communication on the EU Role in Global Health - COM(2010)128. These Commission initiatives have recently been followed by Council Conclusions on Equity and Health (June 2010) and Investing in Europe s Health Workforce (December 2010). 8 Council of the European Union, European Pact on Immigration and Asylum /08, EC Communication on the establishment of an EU Joint Resettlement Programme, COM(2009) 456 Final. Annex I - vi

13 Delivery of EU Funds 8. Implementation rules and eligibility conditions should be simplified and harmonized across the EU s financial instruments. The Commission s Communication on the EU Budget Review10 as well as the Mid-Term Reviews of EU funding programmes have confirmed the need to reduce the administrative burden of project implementation for both the Commission services and implementers. As the management of EU funding increasingly moves towards shared management with EU Member States and Joint Management Authorities, in addition to decentralization to EU Delegations, the need for more consistency in applying rules and derogations for applicants increases. Efficiency of application, implementation and evaluation procedures can be significantly improved by harmonizing rules and eligibility conditions across the internal and external EU funding instruments. A Commission taskforce could be set-up for this purpose, for example, with the aim of greater standardization of applicant guides and contracts in line with an updated, common EU regulation on financing procedures. In simplifying procedures, the European Commission should consider the specific case of expert international organizations (IOs). International organizations have established legal, administrative, financial, and accounting mechanisms that have been approved by their Member States (including all EU Member States in the cases of IOM) and are applied for a wide variety of donors worldwide. The Commission should ensure increased consistency of cost eligibility and derogations for IO s internal mechanisms in its contracts managed both centrally and in the beneficiary countries. 9. Alternatives to cash co-financing should be considered in order to increase accessibility to funds. While co-financing can promote increased engagement of project beneficiaries, EU Member States and other stakeholders, this requirement can create a significant burden for EU project implementers and a barrier for applicants without internal resources to self-finance projects. Small-scale civil society organizations, local authorities, and applicants from EU partner countries are particularly disadvantaged. International organizations, public authorities and other non-profit organizations without core funding for projects face similar challenges. Even when an applicant is willing to submit a project without having already secured the necessary cofinancing, applicant resources are then diverted to pursuing additional funding rather than focusing solely on the project implementation itself. For actions in support of migration management, the ease of identifying co-financing among EU Member States also depends significantly on their current migration priorities. Fundraising efforts for activities to address irregular migration can sometimes meet with greater success than pilot projects or those focused on other key priorities of the Global Approach to Migration and Stockholm Programme, such as migrant rights, health and wellbeing, labour migration, (re-) integration, or migration and development. IOM strongly believes that alternatives to cash commitments should be sought in the instruments of the next multi-annual financial framework. For example, many other international donors accept duly documented in-kind contributions, such as staff, meeting venues or accommodation. Such contributions provide evidence of the engagement of key stakeholders in the project and can also represent significant investments on the part of beneficiaries of external actions. In support of migration priorities within the EU, the related instruments could move from cofinancing to a principle of complementary funding, whereby the Member States finance 10 COM(2010) 700 Annex I - vii

14 complementary projects to those funded by the EU and vice versa. This division of funding would require close coordination, but would allow, for example, for the EU to fully fund a first phase of a project, with the commitment of a Member State(s) to fund the continuation or for the EU and Member States to fully fund separate components of a larger initiative. Similar practices have already been implemented by the EU in funding for acceding countries. As proposed by the Commission s EU Budget Review 11, the level of the EU co-financing should also allow for increased funding on the basis of project performance, strategic priorities or specific needs. The Commission and EU Delegations could also further support project applicants in meeting the co-financing needs of awarded projects by facilitating donor coordination among EU Member States on specific funding programmes. Furthermore, the possibility of varying the co-financing percentages among activities within an action should be evaluated, as is currently the case for the EU s Seventh Framework Programme (FP7) for Research. By funding project components such as coordination and dissemination at 100%, the EU could also enhance its visibility as well as better promote project outputs and coordination with and between projects. 10. Joint management should be used more consistently with expert international organizations and complemented by grant-based funding. Both grant-based funding and joint management with expert international organizations remain relevant as funding modalities for EU projects. Granting through calls for proposals promotes fairness and competition, but current procedures have proven to be slow and increase the risk of mismatch between the original needs, ongoing related projects, and the proposed activities. Given the fast evolving migration situation and priorities in many of the EU s partner countries, a one-year gap from the time of concept note submission to contract signature can significantly impact project planning. Joint management allows the European Commission to work more closely with expert international organizations in the development of an action, allowing for close links with EU policy priorities and to build on the implementing organization s existing expertise, mandate, field presence, and well-established relations with key stakeholders in beneficiary countries (who are generally members of the IOs themselves). Given the focus of the Thematic Programme on Migration and Asylum on capacity building for migration management, the possibility of longer term/multi-phase project planning offered by joint management represents a key advantage. Furthermore, this funding modality ensures that the applicant has passed a Commission review of its financial management system and, generally, the contractual conditions have been preestablished through a Framework Agreement. By increasing the use of joint management with strategic partners, fewer resources would be needed for proposal evaluation and contract negotiation within the Commission and for proposal development by applicants. Currently, a high number of migration proposals from international organizations compete with themselves and each other for a limited amount of funds that are earmarked for international organizations. While the Thematic Programme on Migration and Asylum has employed joint management for a small number of Targeted Initiatives and otherwise awarded grants, the EU s Investing in People and Health Programmes provide examples of more consistent use of joint management to reduce competition among expert international organizations and cooperate more strategically. At the same time, the use of joint management in these programmes should not necessarily prohibit international organizations from competing in Calls for Proposals as applicants and/or partners, in particular for new or emerging priorities for which IOs can add particular value. 11 COM(2010) 700 Annex I - viii