Annex A: Migration Module

1. Introduction

The integrated asylum/migration system development process aiming at enhancing the institution/capacity building and legislative reform in the field of migration and asylum will be implemented in 6 phases including needs assessment and the elaboration, approval and implementation of National Plans of Action (NAPs). The evaluation and drawing up of conclusions and recommendations are also part of the process.

Due to the dynamics of the migration field and the need for regional co-ordination of migration policies, some of the challenges are best addressed through inter-governmental consultative networks. Therefore, already existing fora dealing with information exchange and co-operation frameworks relating to illegal migration should be enhanced, notably the Working Group on South East Europe of the Budapest Group, and complemented to focus on the up-coming needs of the recipient countries, as appropriate. One of the main aims is to provide the authorities in the recipient countries with information to support their decision-making processes.

2.Process Objectives

The objective is to provide a tool to help governments and concerned agencies strengthen the legislative, administrative, institutional and human capacities to handle all migration matters according to European standards. The following areas will be of primary concern, in particular to:

• introduce and revise legislation and regulations relating to aliens and immigration in line with European (EU) standards (admission, visa systems, entry, residence, foreigners registration, role of the aliens police, expulsion, readmission, interfaces with asylum, integration etc.);

• to diminish irregular inflows through the development of well functioning migration and border control systems (including harmonised pre-entry control systems, such as visa systems, carrier sanctions, readmission agreements etc.);

• to assist governments in managing the case load of irregular migrants in the country, according to accepted international norms and improved national legislation;

• to develop positive alternatives to irregular outward labour migration, including selective labour migration to partner destination countries, and special economic opportunities for segments of the population prone to economic out-migration;

• to develop Assisted Voluntary Return programmes for irregular migrants, in co-operation with key organisations;

• to develop opportunities to reverse the investment and human resource losses from extensive out-migration through special return or re-circulation of emigres with specific skills or investment potential

• to prevent the smuggling and trafficking in people through the development of an efficient border and crime surveillance system, as well as the provision of anti-trafficking information and protection to victims and up-grading of the trafficking legislative base;

• to further the development of consultative regional mechanisms to deal with short-term as well as with medium-term challenges, and to foster regional co-operation and concerted action.

The migration module thus aims at establishing an integrated system for border control, entry, visa policies, admission, residence, expulsion, readmission and integration etc. Since the needs and situations of the recipient countries are very different, the responses need to be tailored to the specific situation of each country. To achieve these aims, a twofold approach is necessary: parallel to training and capacity building efforts, concrete regional action is necessary, to respond to the dynamic and non-static characteristics of migration challenges. Therefore, another objective is to further develop the consultative regional mechanisms.

3.Expected Results

The process will bring about progress towards the development of a functioning, self-sustaining migration management and control system, according to the following benchmarks:

• Aliens and immigration legislation and regulations in line with European standards (admission, visa systems, entry, residence, foreigners registration, role of the aliens police, expulsion, readmission, interfaces with asylum, integration etc.);

• Functioning migration control systems (including harmonised pre-entry control systems, such as visa systems, carrier sanctions, readmission agreements etc.);

• Positive alternatives to irregular outward labour migration, including selective labour migration to partner destination countries, and special economic opportunities for segments of the population prone to economic out-migration;

• Assisted Voluntary Return Programmes for irregular migrants, in co-operation with key organisations;

• Special return or re-circulation of emigres with specific skills or investment potential;

• Efficient border and crime surveillance system, provisions of anti-trafficking information and protection to victims and up-grading of the trafficking legislative base;

• Consultative regional mechanisms to deal with short-term as well as with medium-term challenges, and to foster regional co-operation and concerted action.

4.Process

The four year systematic development processes (migration/asylum) will comprise several phases, facilitated by a light and dynamic management structure.

The six phase process for the migration/asylum modules are as follows:

1. Planning, approval of, and commitment to the process by the parties

2. National Action Plans (NAPs)

3. Implementation of NAPs

4. Mid-term Review

5. Implementation – continued

6. Final evaluation

The six phases leading to the development of systematic and efficient asylum and migration systems in the Western Balkans are described further below. Given that the state of development in the migration and asylum field differs significantly from country to country, the process suggested will be carried out for each country individually.

There are, however, horizontal elements integrated in the process, such as the opening and closing sessions and the mid-term meetings. In addition, certain activities such as workshops and study visits might be carried out for more than one country, provided such a need was identified. Based on the state of affairs, it is envisaged that some countries will move through the process faster than others. Subsequently, the duration of the phase will differ form country to country. This underlines once more that the support structure has to be flexible and dynamic in order to really drive the process.

As mentioned earlier in the main document texts the partnership countries, together with the recipient countries and the international organisations with relevant subject experience, will form country teams. The country teams, under the leadership of the partnership countries will be responsible for the assessment, planning, implementation and evaluation of the different process activities.

The process will be implemented according to the phases outlined below. As mentioned, the parallel running of consultative processes, such as the Budapest Process and the International Border Police Conference (IBPC) support the development of orderly migration systems. The results of these consultative processes and capacity-building projects feed into the process of developing and implementing NAPs and related projects.

The process should develop within a regional framework and should facilitate networking and interstate co-operation, in accordance with the objectives of the Stability Pact. The Steering Committee will as earlier mentioned provide overall political guidance to the process and ensure that it is implemented accordingly and consistent with the overall objectives of the Pact.

Phase 1: Planning, approval of, and commitment to the process by the parties

The first phase is broken down in seven basic steps.

Step 1: Planning of the overall process

Step2: Approval and commitment to the process by all partners through the Steering Committee

Step 3: Identification of experts, partners and resources

Step 4: Establishment of support structures (Support Unit)

Step 5: Preparatory Work between partners and beneficiaries

Step 6: Formation of Country Teams

Step 7: Preliminary inventory of existing and planned support initiatives

In the initial phase the overall process will be planned and approved by all partners. The roles and responsibilities of all partners involved have to be clarified. The key actors: partnership countries, recipient countries, EU/non EU government representatives and experts as well as international organisations need to approve of and commit themselves to the migration system development strategy. To ascertain ownership, a clear political commitment to the process by the recipient countries is necessary.

The concrete formation of each country team will be take shape according to the structure outlined above. The Support Unit will facilitate the identification of partner countries/organisations and the selection of experts. This phase will also include the planning of the inventory of assistance and support provided for, and planned by, donors to the region, as well as the establishment of relevant process infrastructure.

Phase 2: National Action Plans (NAPs)

Step 1: Presentation of the approved process to relevant parties

Step 2: Compilation of relevant existing standards / benchmarks

Step 3: Expert meeting to discuss process, activities and responsibilities

Step 4: Inventory and review of existing data, statistics, reports, etc.

Step 5: Needs assessment / gaps analysis by expert / country teams

Step 6: Drafting NAPs for migration and asylum

Step 7: Approval of NAPs (Round Table I)

A horizontal meeting for the implementing partners will be organized at the beginning of phase 2 to determine activities, roles and responsibilities and develop the standardised assessment, planning and evaluation tools and the format for the NAPs. In addition, country teams and experts will be familiarised with recent developments in the recipient countries.

The country teams and experts will outline migration and asylum system development plans, or NAPs, largely based on already available data and the information received from the inventory established by the country teams /support unit. Additionally, assessment missions to the recipient countries will be necessary. The NAPs plans will be established on the basis of agreed methodology and address the needs, changes and resources in the legislative, institutional and practitioners’ sector of all relevant areas of functioning migration and asylum systems. In addition, an implementation strategy should be developed and, where required, concrete projects should be suggested in order to bring about these changes.

The NAPs shall include the following:

– Country needs analysis regarding legislative, institutional, practitioner and civil society developments

– Status and details of existing measures

– Detailed outlines for further necessary and planned measures; including scope and purpose, recipients, time-frame, verifiable assessment indicators, necessary human, material and financial resources.

At a Round Table meeting, the NAPs (including details on existing as well as further necessary and planned measures) will be approved at the political/executive level of the recipient country and representatives of the Stability Pact. The Round Tables will be held in the capitals of the respective countries and will be attended by potential donor/partner countries.

Phase 3: Implementation of National Action Plans (NAPs)

Step 1: Implementation of necessary measures in accordance with NAPs

Step 2: Regular assessment and evaluation of measures

Step 3: Regular updating of NAPs

Phase 3 entails the implementation of the selected projects/initiatives. The implementation phase is to be closely monitored by the partnership countries and the country teams. This will further facilitate the co-ordination of related activities. The NAPs will also be fine-tuned by the country teams and experts. On a regular basis, the project organisers will release progress reports that will reflect the evolution of the project and forward these to the Support Unit for the up-dating of the inventory. On the basis of the results of these reports, the country teams will periodically update the NAPs on necessary and planned measures.

Phase 4: Mid Term Review

Step 1: Preparatory expert meeting to review overall process

Step 2: In-country expert assessment of overall implementation of NAPs

Step 3: National Round Tables (5x) to approve revised NAPs

A general meeting of country teams, partnership countries and experts to jointly review the overall process, to share experiences and lessons learned will open Phase 4. Subsequently, the country teams and partnership countries or their entrusted experts will carry out evaluation/assessment missions. During these missions special attention should be paid to problems and obstacles that have hampered the implementation so far, and recommendations for further implementation steps should be outlined. The results of these discussions will be integrated in an updated and revised version of the NAPs. Another Round Table meeting will be organised to address further needs, to adopt the revised version of the NAPs, and to generate additional resources.

Phase 5: Implementation – continued

Step 1: Implementation of necessary measures in accordance with NAPs

Step 2: Regular assessment and evaluation of measures

Step 3: Regular updating of NAPs

Phase 5 entails the continued implementation of the selected projects/initiatives in accordance with the NAPs. The project organisers will continue to release progress reports that will reflect the evolution of the projects in light of the revised NAPs and forward these to the country teams and the Support Unit for assessment and evaluation. The country teams will then regularly update the NAPs on necessary and planned measures.

Phase 6: Final evaluation

Step 1: Summary of completed and ongoing projects

Step 2: Summary of best practices

Step 3: Final evaluation, conclusions and recommendations

Step 4: Closing Conference

The migration module shall end with a closing conference of all relevant actors involved (jointly with the asylum module). The conference will serve as a forum for the horizontal exchange of experiences and lessons learned. In addition the conference will make conclusions and recommendation for each country and compile a list of good practices and lessons learned. These results will be jointly drafted by the country teams and experts according to an agreed methodology. The report will consist of a final evaluation and concrete suggestions for further development steps.