Date: Thu, 8 Feb 1996 15:09:09 +0000 From: Mark Watson STONEWALL IMMIGRATION GROUP - EUROPEAN CAMPAIGN WHO WE ARE Stonewall is the UKs only national lesbian and gay lobbying organisation and campaigns for equality and social justice for all lesbians and gay men. In 1993 it set up the Stonewall Immigration Group as a mutual support and campaign group for lesbians and gay men with immigration problems that they would not face if heterosexual. The Group now has an active membership of nearly 1000 individuals and has an elected executive committee responsible for running the Group. In 1994 the Stonewall Immigration Group launched its campaign document, Compelling Circumstances, calling for recognition of lesbian and gay relationships in the UK immigration rules. WHY DO WE NEED A EUROPEAN CAMPAIGN? The countries of Europe have formed themselves into an economic union. They have signed treaties giving the citizens of the member states the right to move freely between each state in order to work, seek employment, study etc. This right to free movement without barriers is a fundamental principle of the European Union. A person who exercises the freedom of movement right is also given the right to be accompanied by his or her family members regardless of their nationality. For example, a Dutch man married to a South African woman is entitled to be accompanied by his wife if he goes to work in the United Kingdom. European lesbians and gay men are discriminated against because they cannot be accompanied by their partners if their partners are not themselves European unless the country to which they are going recognises homosexual relationships under their domestic law. For example, under Dutch law a Dutch homosexual can apply for their non European partner to be granted residency under progressive Dutch immigration laws. However, if the Dutch citizen goes to the United Kingdom to work he or she does not have the right under European law to be accompanied by the non European partner. The partner will only be entitled to accompany him or her if the United Kingdom recognises homosexual relationships under its immigration laws, which it does not. The Dutch worker either works in the UK without his or her partner or decides to remain in Holland. Obviously this is discrimination; homosexual citizens of the Netherlands, Denmark and Sweden with foreign partners are being denied the right to free movement despite the government in their own country recognising such relationships. The Stonewall Immigration Group believes we should campaign to ensure that European law gives homosexual citizens the same freedom of movement rights that it gives to its heterosexual citizens. THE CURRENT LAW Article 3 of the EEC Treaty states that;  The activities of the Community shall include.......(c) the abolition, as between member states, of obstacles to freedom of movement for persons who wish to work in another member state. Article 48 of the EEC Treaty implements Article 3 and is directly effective. It requires member states to grant the nationals of other member states the right to accept an offer of employment in another member state and they must grant the national of a member state entry in order to seek employment. These rights can only be limited if it is justified on grounds of public security or health. If the right to enter a member state in order to seek or take employment is to be given practical effect then the individual must be allowed to be joined by what we can broadly call their family members. To give effect to this Regulation 1612/68 was made. Article 10 of Reg 1612/68 states as follows; 1.  1. The following shall, irrespective of their nationality, have the right to install themselves with a worker who is a national of one member state and who is employed in the territory of another member state; 7 His spouse and their descendants who are under the age of 21 years or are dependants; 7 Dependent relatives in the ascending line of the worker and his spouse; 2. Member states shall facilitate the admission of any member of the family not coming within the provisions of paragraph 1 if dependent on the worker referred to above or living under his roof in the country whence he comes. Where some European countries recognise homosexual relationships in the law and allow homosexuals to marry or register their partnership it could be argued that the homosexual partner is covered by 1(a). It could also be argued that homosexual partners come under 2 above but this requires acceptance of a homosexual partner within the definition of member of the family. To date member states have not been willing to interpreted Regulation 1612/68 in this way. PURPOSE OF THE CAMPAIGN The purpose of any campaign would be to persuade the governments of the various member states to accept that homosexual partners should be treated as if they were family members even if they are not willing to accept that a homosexual couple come under the traditional definition of what constitutes a family. To deny homosexual couples this recognition and to fail to include them within the terms of Regulation 1612/68 interferes with the freedom of movement rights of the European partner. There remains an obstacle to the freedom of movement for homosexual persons and the European Union is failing to comply fully with Article 3 and Article 48 of the EEC Treaty. NATURE OF THE CAMPAIGN There needs to be a Europe wide co-ordination of mutual independent lobbying campaigns in each of the members states. Appropriate lesbian and gay organisations in each of the members states should be identified and approached with a view to them organising and carrying out appropriate lobbying of their government. For the lobbying to have maximum effect the individual campaigns should ensure they are demanding the same change to the same European laws. They should have regular contact with the other campaigns in each member state through a newsletter and an annual conference which should comprise of at least one delegate from each of the members state campaigns. To begin the campaign and agree on the common demand that should be made a founding conference should take place made up of organisations and individuals from the member states identified as having an interest in campaigning around this issue. The Stonewall Immigration Group offers to host this founding conference in London. Mark Watson Stonewall 16 Clerkenwell Close London EC1R 0AA Tel. 0171 336 8860 Fax. 0171 336 8864 http://www.tyger.co.uk/sig/