Wikileaks - SUBJECT: THE MIGRATION DIALOGUE: A U.S.-EU JHA DELIVERABLE

10 February 2010

FEEDBACK ON PROPOSALS

---------------------

¶4. (SBU) Richir then addressed each of the five areas for

potential cooperation which had been vetted in Washington

(Ref D) prior to being presented at the Senior Level Informal

JHA planning meeting in Madrid (Ref C).

-- On intercountry adoptions, the Member States sought

clarity on how the United States viewed adoptions as a form

of migration. The USEU representatives explained the goal of

delivering joint demarches encouraging third countries to

accede to or enforce the provisions of the Hague Convention

on Intercountry Adoptions, as well as developing common

positions toward countries with serious adoption fraud

concerns. All of these measures help prevent trafficking in

children, which is a form of migration, albeit illegal and

involuntary. Recent questions and concerns about loosening

international adoption procedures for children orphaned in

the 12 January earthquake in Haiti highlight the importance

of this issue and its relevance to the Migration Dialogue.

The USEU team cited the recent series of U.S.-EU joint

demarches to third countries on the Hague Convention on

Preventing International Parental Child Abduction as a

positive example of what can be accomplished together.

http://wikileaks.org/cable/2010/02/10BRUSSELS169.html

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Viewing cable 10BRUSSELS169, THE MIGRATION DIALOGUE: A U.S.-EU JHA DELIVERABLE

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Reference ID

Created

Released

Classification

Origin

10BRUSSELS169

2010-02-10 16:29

2011-08-30 01:44

UNCLASSIFIED//FOR OFFICIAL USE ONLY

USEU Brussels

VZCZCXRO1131

PP RUEHIK

DE RUEHBS #0169/01 0411629

ZNR UUUUU ZZH

P 101629Z FEB 10 ZDK MULTIPLE SVCS

FM USEU BRUSSELS

TO RUEHC/SECSTATE WASHDC PRIORITY

INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY

RUEHGV/USMISSION GENEVA PRIORITY

UNCLAS SECTION 01 OF 03 BRUSSELS 000169

SENSITIVE

SIPDIS

STATE PASS TO PRM/MCE NED NYMAN, CA/P REBECCA DODDS,

EUR/ERA ALESSANDRO NARDI. DHS PASS TO DHS/PLCY MIKE

SCARDAVILLE.

E.O. 12958: N/A

TAGS: SMIG PREF CVIS KFRD KISL EUN

SUBJECT: THE MIGRATION DIALOGUE: A U.S.-EU JHA DELIVERABLE

REF: A. 09 USEU BRUSSELS 1584

¶B. 09 USEU BRUSSELS 1704

¶C. USEU BRUSSELS 91

¶D. 07 JANUARY 2010 USEU-STATE-DHS VIDEOCONFERENCE

¶E. GENEVA 48

BRUSSELS 00000169 001.4 OF 003

¶1. (U) This cable includes two action requests. Please see

paragraph 9.

¶2. (SBU) SUMMARY: On February 4, the USEU representatives

from the Bureau of Population, Refugees and Migration (PRM),

the Bureau of Consular Affairs (CA), and the Department of

Homeland Security (DHS) met with representatives from the EU

Presidency and Commission to map out necessary steps for the

official launch of the U.S.-EU Migration Dialogue, viewed by

the participants as a deliverable for the next JHA

Ministerial in April. The Presidency and Commission reviewed

the five topics previously vetted in Washington and suggested

one more that Member States are interested in exploring now,

as well as six others for potential future development. The

group also discussed how to structure the dialogue. The

Commission aims to provide USEU a draft Terms of Reference by

February 15 or 16, to be followed by a meeting on February 19

to hone it for presentation to the Member States in

mid-March. At the February 19 meeting, the participants will

also prioritize the joint projects under consideration.

Given the timing, the Presidency is also interested in

informal coordination with the United States in advance of

the April steering committee meeting of the Global Forum on

Migration and Development. END SUMMARY

-------------------------

A MINISTERIAL DELIVERABLE

-------------------------

¶3. (SBU) On February 4, the USEU representatives from PRM,

CA and DHS met with Spanish Ambassador Maria Bassols, who

chairs the EU Council Secretariat's High Level Working Group

on Migration (HLWG), Marc Richir, Head of Unit for

International Aspects of Migratory Policy at the Commission,

as well as other EU Presidency and Commission

representatives, to discuss progress made and next steps on

the U.S.-EU Migration Dialogue (Refs A, B, C). Ambassador

Bassols and Marc Richir reiterated the Member States'

enthusiasm for pursuing this Dialogue, and said they view the

official launch of the Dialogue, marked by ministerial

approval of the Terms of Reference, as a solid deliverable

for the U.S.-EU JHA Ministerial on April 8-9 in Madrid.

---------------------

FEEDBACK ON PROPOSALS

---------------------

¶4. (SBU) Richir then addressed each of the five areas for

potential cooperation which had been vetted in Washington

(Ref D) prior to being presented at the Senior Level Informal

JHA planning meeting in Madrid (Ref C).

-- On intercountry adoptions, the Member States sought

clarity on how the United States viewed adoptions as a form

of migration. The USEU representatives explained the goal of

delivering joint demarches encouraging third countries to

accede to or enforce the provisions of the Hague Convention

on Intercountry Adoptions, as well as developing common

positions toward countries with serious adoption fraud

concerns. All of these measures help prevent trafficking in

children, which is a form of migration, albeit illegal and

involuntary. Recent questions and concerns about loosening

international adoption procedures for children orphaned in

the 12 January earthquake in Haiti highlight the importance

of this issue and its relevance to the Migration Dialogue.

The USEU team cited the recent series of U.S.-EU joint

demarches to third countries on the Hague Convention on

Preventing International Parental Child Abduction as a

positive example of what can be accomplished together.

-- On anti-fraud training, the Member States asked for more

details. The USEU reps outlined the possibilities of

cross-training between U.S. and EU officials (also drawing on

the expertise of Member States), as well as the prospect of

developing joint training programs for use in third

countries. Substantively, the training could extend beyond

traditional travel document fraud, to include detecting a

whole range of malfeasance, such as fraudulent identities,

family relationships, or work histories. The Commission reps

suggested their programs through "MIEUX" could be a potential

vehicle for such joint training. (NOTE: MIEUX stands for

BRUSSELS 00000169 002.2 OF 003

"Migration: EU Expertise." It is a joint initiative by the EU

and the International Centre for Migration Policy Development

(ICMPD) to support third countries in addressing irregular

migration and mixed migratory flows as a part of a

comprehensive approach to migration management. While Richir

said that MIEUX could have an anti-fraud component, the types

of technical assistance listed on their website indicate that

MIEUX may be better suited to the migration capacity building

proposal below. END NOTE)

-- On developing migration capacity in third countries, the

Member States were pleased by the potential for concrete

projects in this area. They would welcome an initial

exchange of views on hotspots such as Libya and the Horn of

Africa, potentially including countries in West Africa and

Latin America, to explore where best to direct these efforts.

They are also interested in learning the extent to which the

United States is already providing technical or financial

assistance to improve migration capacity in third countries.

-- On sharing information on the U.S. refugee resettlement

program, the Member States saw this as very beneficial to

their own efforts to establish a more robust EU refugee

resettlement plan, and opined that it could be an area for

even deeper cooperation. (NOTE: This information sharing is

already underway with other EU institutions. In addition to

efforts at post, PRM/A is working with DHS and HHS colleagues

to prepare a videoconference on resettlement with members of

the European Parliament. END NOTE)

-- On consultations on multilateral migration fora, the

Member States were in favor. This will enable coordinated

responses to issues of mutual concern such as proposals to

create new normative institutions for global migration

"governance" (Ref E). Given that the Dialogue will not be

officially launched until the JHA Ministerial in April, the

USEU team asked whether it would be possible to confer in

advance of the next steering committee meeting for the Global

Forum on Migration and Development, also in April.

Ambassador Bassols agreed that it could be very useful to

confer informally now, acknowledging that more detailed

modalities for regular consultation under the Dialogue can be

worked out later.

--------------------------------------------

EU tables additional topics for the Dialogue

--------------------------------------------

¶5. (SBU) In addition, the Member States proposed looking

jointly at returns and readmissions, as they seek to learn

how other destination countries manage. The DHS Attache

explained that the United States does not use readmission

agreements as the EU does, but instead relies on a

combination of international law, policy tools, and

technology. The Commission and Presidency reps were very

interested in learning about the U.S. approach as they

examine their own policies. The DHS Attache also explained

the work in the United States on detention of illegal

immigrants, and the appropriate standards for such detention.

The EU expressed interest in this as a possible aspect of a

returns discussion. Member States also offered the following

topics for possible future development: labor migration and

the impact of the financial crisis; integration and

anti-radicalization; student visa regimes; migration as a

tool of development; an action plan for unaccompanied minors;

and transatlantic mobility.

-------------------------

NOT YOUR TYPICAL DIALOGUE

-------------------------

¶6. (SBU) The group then brainstormed about the best

structure for the Dialogue, acknowledging that the typical

format of high-level representatives meeting for regularly

scheduled discussions would not fulfill its purpose of joint

action. The USEU reps proposed the Dialogue as an umbrella

structure providing planning and oversight for the range of

different projects, with format and participation determined

by the project. Ambassador Bassols proposed a Steering

Committee in Brussels to plan and oversee the range of

projects, as directed by capitals. The Steering Committee

could consist of a group similar to those present for the

February 4 meeting, namely the USEU migration team and the

Commission and Presidency representatives of the High Level

Working Group on Migration.

----------

BRUSSELS 00000169 003.2 OF 003

NEXT STEPS

----------

¶7. (SBU) Based on these discussions, the Commission will

draft the terms of reference (TOR) to define the purpose of

the dialogue and outline its proposed structure. It will

reference examples of the types of projects to be undertaken,

without making specific commitments. Richir's office aims to

provide USEU with a draft TOR by February 15 or 16. The USEU

migration team will seek guidance from Washington, and then

meet with the EU reps again on February 19, to hone the

language in time for Ambassador Bassols to present it for

Member State approval in the HLWG meeting mid-March. When

the language is approved by Washington and the Member States,

it will be presented for Ministerial approval at the JHA

Ministerial April 8-9. At the February 19 meeting,

participants will also prioritize the projects under

consideration.

¶8. (SBU) To ensure continuity and durability of the

Dialogue, the Spanish Presidency will engage the Belgians who

assume the rotating presidency on July 1. (NOTE: USEU

endorses a strong role in the Dialogue for the rotating

presidency as it chairs the High Level Working Group. In

discussions with the Canadian Mission, USEU has learned about

shortcomings in structuring migration talks with only the

Commission. END NOTE)

¶9. (SBU) ACTION REQUESTS: 1) PRM please advise USEU

regarding any preferences for how the Bureau would like to

confer informally with EU partners in advance of the GFMD

Steering Committee meeting in April. 2) PRM, CA, DHS and EUR

please provide feedback on the EU proposal for a returns

policy discussion, to include info sharing on how the United

States facilitates returns without readmission agreements, as

well as examining the role of, and appropriate standards for,

detention of illegal immigrants.

Kennard

d