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Border Controls 63<br />

The most substantial of all these arrangements is that between Germany and Poland<br />

signed on 7 May 1993. From 1993 to 1996, Germany spent DM 120 million on<br />

‘financing material and equipment along Poland’s western border and creating a<br />

Polish administrative system for refugees and deportation’. Now, the interest of<br />

German authorities has spread further eastward to strengthening Poland’s border<br />

with the Ukraine and Belarus. ...<br />

It is important to note that none of these readmission agreements contain any<br />

criteria for dealing with asylum seekers and refugees as opposed to illegal migrants in<br />

general, or mention the state’s obligation towards refugees under international law.<br />

Germany regards all of its neighbours, including Poland and the Czech Republic, as<br />

‘safe places’ to return refugees interdicted at the border. ... 1,453 of those bounced<br />

back to Poland were subsequently deported from Poland to its eastern neighbours<br />

(Lithuania, Belarus and the Ukraine) or directly back to countries of origin (such as<br />

Sri Lanka), mostly within 48 hours of being arrested. The concern ... is that the<br />

‘domino effect’ of chain removal can result in refoulement to persecution.<br />

Nevertheless there are signs that, even at semi-official levels, there is greater<br />

openness towards the idea of immigration. A group of academics, the<br />

Academic Group on [Im]migration – Tampere (AGIT), whose comments<br />

were invited by the EU before its summit at Tampere in October 1999,<br />

produced a document which recommended that, in response to ‘realities’,<br />

‘new legal channels of immigration based on economic, social and other<br />

needs should be created, in line with the European Union Member States’<br />

own positive approach to the freedom of movement between them for<br />

economic purposes’ and talked of ‘necessary and useful labour migration’. At<br />

a Refugee Studies Programme seminar at Oxford University in 1999, the<br />

speaker was Dennis de Jong, who worked for several years in the European<br />

Commission and then returned to the Dutch ministry of foreign affairs. He<br />

concluded his speech with the comments that, while this ‘whole range of<br />

restrictive measures’ had had a small effect on reducing numbers of asylum<br />

applications, the numbers were now rising again. His belief was that<br />

governments ‘recognise that they won’t work’, since they go against the<br />

grain of globalisation, and they might therefore decide to ‘give it all up’. He<br />

proposed that governments should ‘give some air to immigration’ and should<br />

not condemn economic migrants. North Africans, he said, had argued that<br />

free movement should be permitted; the French government was now willing<br />

to engage in discussions on the issue. In answer to the question why not<br />

abolish controls altogether, he said that EU governments were fearful of<br />

opening their borders to eastern Europe, but North Africa was a different<br />

matter; the opening of borders from North Africa was on the agenda, in<br />

particular because of the impossibility of returning ‘illegals’. ‘It will happen’,<br />

he said. Meanwhile, European officials suggest that there will have to be at<br />

least some relaxation of immigration controls in order to take the pressure off<br />

the asylum determination system. The Dutch government is discussing the<br />

possibility of giving all asylum seekers three-year permits to stay, and<br />

examining their cases thereafter. Fortress Europe is not impregnable.

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