REGINE – NGO Questionnaire
The International Centre for Migration Policy Development (ICMPD) is currently implementing a research project on regularisation practices in the European Union. The project is funded by the European Commission (DG Justice, Freedom and Security) and was commissioned subsequent to the Commission’s Communication on Policy priorities in the fight against illegal immigration of third-country nationals (Com (2006 (402) of 19 July 2006). The aim of the project is to provide a thorough mapping of practices relating to the regularisation of third country nationals illegally resident in EU Member States. In addition, the project also investigates the relationship of regularisation policies to the overall migration policy framework, including to protection issues and refugee policies. Moreover, the project examines the political position of different stakeholders towards regularisation policies on the national level. Finally, the project examines potential options for policies on regularisation on the European level, incorporating Member States as well as other stakeholders’ views on possible instruments on the European level.
The main source of information on regularisation practices in EU MS is a questionnaire developed by ICMPD and distributed to governments by the Commission. The questionnaire essentially contains questions on past and present regularisation measures, the implementation of such measures and the social and economic impact of past and present regularisation policies, including the absence of such policies. .
To complement the information gathered from governments and to gather other stakeholders’ views on regularisation practices, we are particularly interested in gathering views of NGOs working on issues related to undocumented migration.
In the following, we would like to ask you to provide your organisation’s assessment of regularisation practices and policies in your country. In addition, we are also interested in your position vis-à-vis a possible future role of the commission and/or the adoption of a legal instrument on regularisation policies on the European level.
We would appreciate if you could take your time in answering the questions. Your contribution is extremely important in terms of incorporating views of social actors in the research results. Please return the questionnaire electronically by May 5, 2008 to
Definitions
Regularisation - any state procedure by which third country non-nationals who are illegally residing, or who are otherwise in breach of national immigration rules, in their current country of residence are granted a legal status.
Regularisation Programme - a specific regularisation procedure, which (1) does not form part of the regular migration policy framework, (2) runs for a limited period of time and (3) targets specific categories of non-nationals in an irregular situation.
Regularisation Mechanism - any procedure other than a specific regularisation programme by which the state can grant legal status to illegally present third country nationals residing on its territory. In contrast to mass regularisation programmes, mechanisms typically involve "earned" legalisation (e.g. by virtue of long-term residence), or humanitarian considerations (e.g. non-deportable rejected asylum-seekers, family ties etc.), and are likely to be longer-term policies.
Questions
! Note: use as much space as you need for answering the respective question
Your Organisation
0) Name, Field of Activity and Country of your organisation
Country
Name of Organisation
Field of Activity
Assessment of situation in the country
1) Do you see any need for regularisation of third country nationals in an irregular situation in your country?
o If so, please explain why:
2) Do you think there are specific groups (e.g. rejected asylum seekers, persons who have been residing illegally in the country for long periods of time etc.) that should be specifically targeted?
o If so, please specify on which groups:
3) Do you think regularisations are NOT an appropriate policy instrument?
o If so, please explain why:
o If so, please outline alternatives:
Assessment of regularisation programmes/mechanisms
4) How does your organisation evaluate the national policy on regularisations in your country? (Please consider both regularisation programmes and regularisation mechanisms)
o Please specify:
5) Do you think the existing legal framework and the instruments available to deal with migrants in an irregular situation in your country are sufficient?
o If so, please specify:
o If you think they are NOT sufficient, please specify:
Role of NGOs
6) Has your organisation or NGOs more generally been involved in the formulation or implementation of regularisation policies in any way? (e.g. promotion and campaigning; acting as intermediary between undocumented migrants and state authorities, lobbying, membership in official commissions adjudicating individual regularizations etc.)
o If ‘yes’, please specify in which way:
7) How do you assess the overall impact of your organisation’s work in respect to the activities you indicated in question 6)? (e.g. outreach, success, limits etc.)
o If applicable, please specify:
8) Does your organisation cooperate with other stakeholders in regard to regularization policy? (e.g. trade unions, business interest organizations, religious organizations/ churches)
o If applicable, please specify with whom and in which way you cooperate:
9) Are there any differences in position towards regularisation policies between NGOs and other social actors? (e.g. trade unions, business interest organizations, religious organizations/ churches)
o Please specify:
10) What do you think IS the role of NGOs in general in relation to other social actors in respect to regularization policies in your country? (e.g. extent NGOs have been consulted by government agencies in respect to the formulation of regularization policy or decisions on regularizations; role NGOs have in monitoring regularization practices etc.)
o Please specify:
11) What do you think SHOULD be the role of NGOs in relation to other stakeholders? (e.g. extent NGOs have been consulted by government agencies in respect to the formulation of regularization policy or decisions on regularizations; role NGOs have in monitoring regularization practices etc.)
o Please specify:
Assessment of possible policy instruments on regularization on the European level
12) Do you think there is a need for common regularization policies on the European level?
o If ‘yes’, what aspects of regularization policy should or could be regulated on the European level? Please specify:
o If ‘yes’, what type of policy measures would you find reasonable (common principles, a legal framework, etc.)? Please specify:
13) Where would you see ADVANTAGES of regulating regularization policy on the European level?
o Please specify:
14) Where would you see DISADVATANGES and dangers of regulating regularization policy on the European level?
o Please specify:
15) Additional comments
o Please feel free to provide us with any comment:
THANK YOU VERY MUCH FOR YOUR EFFORT!
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Contact details: Albert Kraler, International Centre for Migration Policy Development (ICMPD); Gonzagagasse 1, 1010 Vienna, , Phone: +43-1-5044677-45