In this episode, we speak with Yasha Maccanico a researcher and journalist at StateWatch, a UK-based charity focused on civil liberties, human rights and democracy in Europe. 

 

We talk about a proposed EU law that could make it easier for states to criminalise acts of solidarity with people on the move.

 

Yasha also talks to us about abuses of state power in Europe under the guise of lowering immigration, the externalisation of the EU's borders in Africa, and much more. 

 

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--- Show notes ---

 

For more on StateWatch, check out their work here: statewatch.org

 

Follow them on BlueSky: @statewatch.bsky.social

Ben misquotes the late left-wing politician Tony Benn, who once said: “The way a government treats refugees is very instructive, because it shows you how they would treat the rest of us if they thought they could get away with it.”

In fact, the phrase may have been misattributed to Tony Benn.

You can watch one of Tony Benn's most famous speeches against the US-UK' illegal invasion of Iraq, here: https://www.youtube.com/watch?v=A7ciGW7h7PI&ab_channel=PoliticsJOE 

 

Yasha mentions the an independent media company Bristol Cable. You can read their work here: thebristolcable.org

 

Ben and Yasha talk briefly about the toppling of the statue of slave trader Edward Colston in Bristol in 2020. You can read more about that here; https://exhibitions.bristolmuseums.org.uk/the-colston-statue

 

Here's where you can find out more about Migreurop: https://migreurop.org/?lang=en

 

Ben mentions an episode of The Civil Fleet with Jihed, a Tunisian activist with Alarm Phone and Louise Michelle. Check out episode 48 for that. 

 

For more on Frontex, the European Border and Coastguard Agency, check out episodes 54, 52, 50, 34, 31, 23, 15, 7 and 1

 

Ben mentions previous The Civil Fleet Podcast episodes with people who have been arrested and given ludicrous sentences for driving boats or cars across borders. Check out episodes:

56, which focuses on Homayoun Sabetara, a father who fled Iran to be reunited with his daughters in Germany and was sentenced to 18 years behind bars in Greece after he was forced to drive across the border. 

53 with Nadia, a young refugee woman from Lebanon who husband was arrested by the Greek authorities and accused of human smuggling after spending 10 days adrift in the Mediterranean. 

35 with Hanad, a Somalian refugee who was senteced to 142 years behind bars for trying to stop his boat from sinking in the Aegean Sea and saving the lives of 33 others

 

Here are the links Yasha sent:

 

EU: New migrant smuggling law to ensure criminalisation of solidarity (December 2024)
https://www.statewatch.org/analyses/2024/eu-new-migrant-smuggling-law-to-ensure-criminalisation-of-solidarity/

 

A new EU law on the criminalisation of migrant smuggling will be examined by the Justice and Home Affairs (JHA) Council. The Council is due to approve its position for negotiations with the European Parliament. The existing law has been criticised for failing to prevent the criminalisation of migration and acts of solidarity with migrants and refugees. The new text, obtained by Statewatch and published here, appears likely to worsen the situation.

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EU: Council lowers threshold for migrant smuggling prosecutions (July 2024, with PICUM)
https://www.statewatch.org/news/2024/july/eu-council-lowers-threshold-for-migrant-smuggling-prosecutions/ 

EU institutions are discussing proposed changes to the law criminalising the facilitation of irregular migration, which has also been used to criminalise migrants and individuals acting in solidarity with them. The Belgian Council presidency presented a revised draft to other EU member states at the end of May, which would simplify the criminalisation of irregular entry, amongst other things. The draft will serve as the basis for further discussions within the Council, with Hungary now in the presidency role until the end of this year.

 

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Viewpoint, Hindering humanitarianism: European Commission will not ensure
protection for those aiding sans-papiers, Chris Jones (April 2017)
https://www.statewatch.org/media/documents/analyses/no-311-facilitation-directive.pdf

 

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The shrinking space for solidarity with migrants and refugees: how the European Union and Member States target and criminalize defenders of the rights of people on the move (TNI, Yasha Maccanico, Ben Hayes, Samuel Kenny, Frank Barat, September 2018)
https://www.tni.org/files/publication-downloads/web_theshrinkingspace.pdf

 

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Libya/elmasri: including full text of Shatz/Branco submission to the ICC against Italian ministers: http://www.statewatch.org/news/2025/february/italian-ministers-should-face-justice-for-freeing-fugitive-war-criminal-says-legal-complaint/

 

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Secrecy: http://www.statewatch.org/news/2024/november/italy-has-nullified-the-right-to-transparency-regarding-borders/

 

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Tunisia: http://www.statewatch.org/news/2024/november/tunisia-no-to-the-criminalisation-of-solidarity-with-migrants/

 

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Deportations (aka returns): http://www.statewatch.org/news/2025/january/deportations-new-role-for-frontex-as-eu-pushes-for-more-voluntary-returns/

 

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Egypt: http://www.statewatch.org/news/2025/january/eu-police-cooperation-with-egypt-sacrifices-people-s-rights-and-freedoms-for-security/

 

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“Outsourcing borders” externalisation bulletin project, bulletins and documents archive:
https://www.statewatch.org/outsourcing-borders-monitoring-eu-externalisation-policy/  

 

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To challenge border militarisation (with partners, 2023/24), Telling the story of EU border militarisation,
https://www.statewatch.org/media/4000/eu-border-militarisation-narrative-guide.pdf  

 

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Europe’s techno-borders (2023 with EuroMed Rights)
https://www.statewatch.org/publications/reports-and-books/europe-s-techno-borders/ 

 

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Frontex and interoperable databases: knowledge as power? (2023)
https://www.statewatch.org/frontex-and-interoperable-databases-knowledge-as-power/ 

 

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Empowering the police, removing protections: the new Europol Regulation (2022)
https://www.statewatch.org/publications/reports-and-books/empowering-the-police-removing-protections-the-new-europol-regulation/ 

 

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Interoperability, eu-LISA and the biometric state (2022)
Building the biometric state: Police powers and discrimination
<a href="https://www.statewatch.org/publications/reports-and-books/building-the-biometric-s