Country Office Vienna

International Organization for

Migration

INSIDE THIS ISSUE

Editorial .........................................1

National EMN Conference „Irregular

Work and Exploitation of Migrants in

Austria“...........................................1

New Project: Assistance for the Vo-

luntary Return and Reintegration of

returnees to Afghanistan ...............2

Further news from the Department

for Assisted Voluntary Return and

Reintegration.................................2

PLURAL+ Commercial Shoot in

Vienna...........................................3

New EU Anti THB Strategy:

Towards the eradiction of

trafficking in human beings...........3

EMN Focussed Study on “Misuse of

the Right to Family Reunification..4

EMN Study on „Practical Measures to

Reduce Irregular Migration“……….4

EDITORIAL In the European context, family reunification has been debated intensively in the last month, also in the "Public

Hearing on right to family Reunification of Third Country Nationals living in the EU", which took place from 31 May

to 1 June. The public hearing was embedded in the framework of the seventh meeting of the European Integrati-

on Forum and was divided in four panels discussing the Green Paper by the Commission and the Directive on the

right to family reunification.

IOM Vienna was invited to chair the last panel, which concentrated on possible misuse of the right to family reuni-

fication. Outcomes of the EMN study “Misuse of the Right to Family Reunification” – which are also briefly intro-

duced in this newsletter – were also presented in the panel. The study responds to a growing concern formulated

by policymakers and in the media that the right to family reunification may be misused as a route to settlement in

the European Union. However, one of the major findings of the study was that the perception of misuse as wide-

spread phenomenon does not always match the quantifiable evidence. Marriages of convenience do indeed oc-

cur, but it is not yet possible to fully quantify this phenomenon across the EU in a comparable manner.

Furthermore, it became apparent that Member States face challenges in differenti-

ating a marriage of convenience from a genuine marriage and investigations tend

to be time and resource intensive in the public hearing. The lack of clear methodo-

logical guidelines in this respect was mentioned several times and the development

of guidelines to assist in implementing the Directive at the European level was seen

as essential.

It remains to be seen whether policy follow-up is necessary on the Directive; many

stakeholders argued against a re-opening of the Directive due to lack of proper

statistics and evidence of fraud. IOM’s position is that more analysis of best prac-

tices should be undertaken regarding checks and inspections, both of which

should be proportionate and avoid compromising family life of migrants, the

majority of whom are not involved in fraud.

National EMN Conference „Irregular Work and

Exploitation of Migrants in Austria“ On 24 July 2012, the National Contact Point Austria in the EMN organized a conference on the topic of “Irregular

Work and Exploitation of Migrants in Austria” in the Albert Schweitzer Haus, Vienna. Despite the holiday season,

interest on this topic was great. More than 100 participants, mostly practitioners and policy-makers working in the

field, attended the conference.

The aims of the conference were to bring together different actors working on the topic of irregular work and

labour exploitation of migrants in Austria and to discuss possibilities of cooperation.

In order to put discussions on sound basis, Prof. Gudrun Biffl, Danube-University Krems, gave an overview of the

situation of irregular migrant workers and victims of labour exploitation from a researcher’s perspective in her

keynote speech to the conference. Philipp Schwertmann, former IOM Berlin, then introduce the “Berlin Alliance

against Trafficking for the Purpose of Labour Exploitation” as a model of good practice. Following these presenta-

tions, experts discussed possibilities for cooperation to identify victims of labour exploitation in Austria. All partici-

pants agreed that due to the sensitivity and the complicity of the phenomenon cooperation of various stake-

holders is essential. Although different fora for collaboration already exist, networks should be further strength-

ened and developed. Increased financial resources would be beneficial to support these efforts.

The presentations and a summary of the conference can soon be downloaded from the website: http://

www.emn.at/en/emn-events/.

1

Newsletter Issue No. 8

July 2012

Katerina Kratzmann, Officer in Charge

© IOM 2012

In Austria, the proportion of irregu-

larly-staying migrants is estimated at

between 18,000 to 54,000 persons

(2008) signifying 0.2-0.6% of the total

population and 2,1-6,2% the foreign

population. (Clandestino)

New Project: Assistance for the Voluntary Re-

turn and Reintegration of returnees to Afgha-

nistan IOM Vienna is pleased to announce the implementation of a new project to support the return

and reintegration of voluntary returnees to Afghanistan (AVRR Afghanistan). The project, which

is financed by the Austrian Federal Ministry of the Interior (AT MoI), runs from 1 May 2012 until

30 June 2013. It foresees the provision of return, reception and reintegration assistance to up to

25 voluntary returnees and their family members.

Following their voluntary return, IOM staff welcomes project participants at the Kabul airport.

Participants who would like to travel onward to another location in Afghanistan are assisted by

IOM to reach their final destination. Immediate assistance is organized for participants with

special needs: For example, persons with health issues or in need of a place to stay can be refer-

red to the IOM airport medical clinic or are provided with temporary accommodation for up to

two weeks at the Jangalak Reception Center in Kabul.

Shortly after their arrival, each project participant receives a cash grant of EUR 500 to address

his/her immediate needs. In addition, each adult family member returning with the project

participant receives EUR 500 and each minor family member returning with the project partici-

pant receives EUR 250 in cash.

Following thorough reintegration counselling at one of the IOM offices, participants can choose

to use their reintegration grant for a business start-up, educational measures (e.g. vocational

training, on-the-job-training placements, etc.), employment referrals or salary subsidies. The

measures are determined in a participatory and consultative manner, taking into account the

individual needs and skills of each participant. The total maximum value of the in-kind rein-

tegration grant is EUR 3,500, which is paid directly to the vendors/suppliers.

IOM Afghanistan staff will continuously monitor the project implementation and participants’

socio-economic reintegration in Afghanistan. Additionally, a monitoring visit will be organized

by IOM Vienna to exchange and gather information on the reintegration assistance provided

through the project.

Further news from the Department for As-

sisted Voluntary Return and Reintegration After a duration of four years, the project “Return and Reintegration Assistance for Voluntary

Returnees to Kosovo”, which was co-funded by the European Return Fund, the Austrian Federal

Ministry of the Interior (AT MoI) and the Federal Provinces of Lower Austria, Carinthia and Ty-

rol, came to a close at the end of June 2012.

The Assisted Voluntary Return and Reintegration (AVRR) projects to Georgia, Nigeria and the

Russian Federation / the Chechen Republic, co-funded by the European Return Fund and the AT

MoI, were extended until 30 June 2013.

2

IOM activities in Afghanistan, June 2012

In December 2011, Mr. M. voluntarily

returned to Kosovo from Lower

Austria. With the support of the IOM

AVRR project he purchased an eleva-

tor, supportive pilars, construction

boards, a construction wheelbarrow,

a mixer and a generator and establis-

hed a flourishing construction busi-

ness. He works together with his

brother and five employees.

-Successful return to Kosovo-

IOM field presence in Afghanistan:

• Kabul

• Badakshan

• Gardez

• Herat

• Kandahar

• Kunduz

• Mazar-I-Sharif

• Bamyan

• Jalalabad

This project is financed by the Austrian Federal Ministry of the Interior.

3

The AVRR Department also welcomes the start of the project „Assisted Voluntary Return and Rein-

tegration of Minors and Young Adults from Moldova with emphasis on the Prevention of (Re-)

Trafficking“ (AVRR CT Moldova), which is co-funded by the European Return Fund and the AT MoI

and aims to assist young trafficked and/or vulnerable returnees from the Republic of Moldova with

rehabilitation and reintegration measures. Beyond directly assisting returnees, the project’s goal is to

increase cooperation between Austria and the Republic of Moldova as well as the capacities of Mol-

dovan stakeholders.

PLURAL+ Commercial

Shoot in Vienna IOM Vienna produced an advertisement in May for

the video competition PLURAL+ Austria. More than

30 people were involved in shooting this advert,

investing several hours in the production process.

Most of the film crew and all of the actors were

volunteers and gave their best to create a successful

advert. IOM Vienna awarded each participant a certificate to thank them for their enthusiasm for the

project and for devoting so much personal time to its success. In June the advert was screened in

over 50 movie theatres for a period of almost 5 weeks and reached 360.000 young people all over

Austria. Currently the advert can also be found on the Youtube website (http://www.youtube.com/

watch?v=eV7ak0_0RoM) and on PLURAL+ Austria’s Facebook page (www.facebook.com/ pluralplu-

soesterreich).

In addition to the advertisement, IOM Vienna distributed flyers and posters to over 900 schools and

250 youth organizations throughout Austria. In this way young people in Austria received different

sources of inspiration and motivation to shoot their own short video this summer. Deadline for en-

tries is December 1st

2012.

New EU THB strategy: towards the eradication

of trafficking in human beings On 19th June 2012 the European Commission published the new EU Strategy towards the Eradication

of Trafficking in Human Beings (2012-2016), which follows last year’s EU Trafficking Directive. Com-

plementing the Directive’s focus on legislative reform, the Strategy consists of a set of concrete and

practical measures to be implemented over the next five years. Adopting a victim-centred approach it

establishes priorities in line with the “4 Ps” (protection, prevention, prosecution, partnership), includ-

ing identifying, protecting and assisting victims of trafficking; stepping up the prevention of trafficking

in human beings; increased prosecution of traffickers; enhanced coordination and cooperation

among key actors and policy coherence. A fifth priority has also been incorporated into the Strategy:

increased knowledge of and effective response to emerging concerns related to all forms of traffick-

ing. This aims to address the lack of reliable data available on trafficking, which has consistently ham-

pered efforts to address the problem efficiently. The priorities are underpinned by a set of 21 actions

which are to be implemented by both the European Commission and by EU Member States.

With the launch of the Strategy, the EU reconfirms its commitment to the fight against trafficking in

human beings, an important step towards addressing this global issue. Shocking new figures from the

International Labor Organization (ILO) reveal that as many as 20.9 million people may be in a situa-

tion of forced labour worldwide. This would mean that three in every 1,000 people are trapped in

jobs into which they were coerced or deceived and which they cannot leave. Trafficking for labour

exploitation is directly addressed by the Strategy which i.a. foresees increased cooperation with la-

bour, social, health and safety and fisheries inspectors as a prerequisite for increased awareness and

improved victim identification.

All IOM anti-trafficking activities are based on three principles: respect for human rights, well-being of

the individual and their community and sustainability through institutional capacity-building. IOM

believes strongly that only through the participation of all relevant actors can the issue of trafficking

be addressed. As such, IOM Vienna intends to join with other stakeholders to shine a spotlight on this

aspect of trafficking which too often goes unnoticed.

- PLURAL+ commercial shoot - tirol Unser Land

4

EMN Focussed Study on “Misuse of the Right to

Family Reunification”

In June 2012, the National Contact Point Austria in the EMN published the

Austrian contribution to the EMN Focussed Study on “Misuse of the Right to

Family Reunification”. This Focussed Study responds to a concern, mainly of

policymakers, that the right to family reunification may be misused as a

route into settlement in the EU. The EU Synthesis Report of the study, cover-

ing 23 EU Member States as well as Norway and summarising the key results

of all national reports, also served as an information source for the compila-

tion of the Green Paper on the Family Reunification Directive 2003/86/EC.

The aim of the study was to identify the scale and scope of two instances of misuse, namely marriages of

convenience and false declarations of parenthood and to provide clear evidence, to the extent possible

and including available statistics, of these types of misuse and how best to address them. Furthermore,

the study summarises Austria‘s current practices in the detection and prevention of misuse and provides

an overview of the Austrian legislation on family reunification.

The EU Synthesis Report found that, whilst the perception amongst policymakers indicates that misuse of

the right to family reunification through marriages of convenience or false declarations of parenthood

may be a widespread phenomenon, the evidence presented in this Study suggests that, while marriages

of convenience do occur, it is not yet possible to fully quantify it across all Member States in a compara-

ble manner. Member States face many common challenges in identifying a marriage of convenience from

a genuine marriage. Not only is this a sensitive matter in terms of respecting fundamental rights, but also

an investigation tends to be time and resource intensive with the burden of proof most often placed on

the Member State authorities.

The EU Synthesis Report, the Austrian report, as well as a policy brief on the main findings of the study

can be downloaded from the website: http://www.emn.at

Release of EMN Study on “Practical Measures to

Reduce Irregular Migration”

The phenomenon of irregular migration remains a highly relevant topic for migration policy, as most of

the European countries consider it to be a problem and the political and public pressure to reduce irregu-

lar migration is constantly rising on the EU and national level. Against this background the EMN has elabo-

rated a study on Practical Measures to Reduce Irregular Migration in the framework of its EMN work

programme 2011 to gain an up-to-date understanding of the different practical measures used by the

European Union Member States to reduce irregular migration.

The national report for Austria found that irregular migration in Austria is widely understood as a nega-

tive phenomenon for all parties involved. Efforts to reduce irregular migration are set high on the political

agenda and in Austria’s legislation various provisions can be identified that directly or indirectly aim to

reduce irregular migration. With regards to practical measures and control mechanisms, most effective

measures identified included border controls and collaboration of the police cooperation centres, the

usage of technology and data storage systems such as the VIS, the SIS and Eurodac, identity checks and

apprehensions of irregular migrants as well as targeted controls of accommodations of non-nationals and

workplace inspections. Measures to reduce irregular migration also take place within the framework of

international and bilateral cooperation which mainly consist of EU readmission agreements as well as

bilateral readmission agreements; As irregular migration flows however highly depend on the political,

socioeconomic and cultural settings in the countries of origin, without addressing these, practical meas-

ures might have no or only limited effects, leave alone being sustainable. Furthermore, one of the major

tasks for the future seems to be the development of balanced migration policy measures, considering

both the human rights of irregular migrants and the right of states to control immigration effectively.

For further information see the Austrian report, available on http://www.emn.at.

International Organization for Migration (IOM)

Country Office Vienna

Nibelungengasse 13/4

1010 Vienna

Austria

Tel: +43.1.585 33 22

Fax: +43.1.585 33 22 30

Email: iom-vienna@iom.int

Web: http://www.iomvienna.at

International Organization for Migration (IOM)

Headquarters

17, Route des Morillons

Grand-Saconnex

1202 Geneva

Switzerland

Tel: +41.22.717 9111

Fax: +41.22.798 6150

Email: hq@iom.int

Web: http://www.iom.int Copyright © 2012, IOM

All Rights Reserved

The European Migration Network

(EMN) is a network coordinated by

the European Commission in coop-

eration with National Contact Points

established in each Member State,

plus Norway. Its aim is to meet the

information needs of Union institu-

tions and of Member States’ authori-

ties and institutions by providing up-

to-date, objective, reliable and com-

parable information on migration and

asylum, with a view to supporting

policymaking in the European Union

in these areas.