It’s a painful subject to think about — children lost and unaccounted for as they migrate across Europe — but it’s also one that it’s vital to monitor and quantify. 24 investigative journalists from 12 European countries have taken on the job, coming together in the crossborder Lost in Europe (LIE) investigation.
According to their findings, 18,292 unaccompanied child migrants went missing in Europe between January 2018 and December 2020 – that’s around 17 children slipping off the records every day, often into the world of crime, human trafficking and prostitution.
Liset Hamming is an investigative journalist who also runs Wob-Knop, the Netherlands’ Freedom of Information site, on our Alaveteli platform. Last year, she messaged to say that a contact of hers within LIE was starting a new investigation.
Liset would be assisting with sending FOI requests to immigration and border enforcement authorities in 16 European countries. We knew right away that the international Alaveteli network could provide exactly the help required.
We made introductions to partners in Croatia, Czech Republic, France, Germany, Sweden, Hungary, Belgium, Greece and of course the WhatDoTheyKnow team here in the UK. Then via our partners at Ask the EU help was offered for filing requests in Italy and Spain.
These experts were able to help Liset navigate the individual requirements of the FOI regime in each country, pointing toward the relevant authority and translating or refining the wording of the request being made. In some other countries, Liset made her own contacts.
There’s a surprising amount you need to know before you start making FOI requests abroad. The Alaveteli network contacts were indispensable for their ability to answer questions about their local regimes: what law the requests would go under, what authority to request to, whether people from outside the country were legally eligible to make requests, what the deadlines were for responses and what recourse could be taken if these weren’t met. The information gathered from the various in-country contacts was put together with the preliminary research Lost in Europe had done into the availability of documents on child immigration numbers.
Based on all of this, the requests took two different forms: in some places, it was clear exactly which document type needed to be asked for; while in others this was harder to pin down, and so the requests were more exploratory.
This March, LIE ran a data bootcamp for their member journalists, data scientists and designers, as well as any others (including ourselves and our Alaveteli partners) who were involved in the investigation. They had three objectives for this two-day event:
- Analysis of the most recent statistics, figures, calculation methods and the exchange of data between different EU countries
- Identifying gaps in European laws, procedures and regulations in the field of children’s rights and migration
- Pinning down design, communication and clear storytelling around figures and maps, for a broad public readership
The discussions and outcomes of this intensive meetup were invaluable, and so far it has directly resulted in news stories across major publications in the Netherlands, Italy, Germany, Greece, France, Romania and the UK.
In the meantime the 16 requests have been filed and are in progress. The first responses from authorities are ‘dripping in’, as Liset puts it. Some FOI proceedings can take a while, as anyone who ever took up a similar challenge will confirm.
The investigation is still in progress, and you can follow along with its latest file here. As a tangible sign of the value already being uncovered, this strand of LIE’s work won first place in the global IJ4EU Impact Award for cross border journalism. We’re very glad to have been able to assist in this small way to a vital investigation.
- On Transparencia for Belgium: request 1 to the General Directorate of the Administrative Police and request 2 to the Federal Police (‘Total number of arrests at or near the border’)
- On Ma Dada for France: Procès-verbaux de la Police Aux Frontières (‘Border Police reports’) to the Ministry of the Interior
- On WhatDoTheyKnow for the UK: Total number of and reason for charges, checks, requests and/or arrests at the border regarding non EU citizens to the Home Office
- On Imamo Pravo Znati for Croatia: Policijskih izvještaja, izjava, optužbi i/ili zapisnika u vezi s provjerama, pretragama i/ili uhićenjima na granici (‘Police reports, statements, charges and / or records related to border checks, searches and / or arrests’) to the Ministry of the Interior, Zagreb
- On Frag Den Staat for Germany: Festnahme an der Grenze (‘Arrests at the border’) to the Federal Police HQ
- On Handlingar for Sweden: Gränshandlingar mellan 1 januari 2014 och 31 december 2020 (‘Boundary documents between 1 January 2014 and 31 December 2020’) to the Police Authority
- On Arthro5A for Greece (the first four requests ever filed on the brand new Alaveteli site!) συλλήψεις και αρνήσεις στα εσωτερικά σύνορα της ΕΕ (‘Arrests and denials at the Eu’s internal borders’) to the Ministry of Citizen Protection, the Greek Police, the National Coordinating Centre for Border Control, Immigration and Asylum and to the Ministry of Immigration and Asylum.
- Requests to the Ministry of Justice in the Netherlands had to be made by post, as they don’t accept FOI correspondence digitally.
Image: Aude-Andre Saturnio
One of the great joys of working on Alaveteli is that we also get to meet and collaborate with all kinds of organisations around the world who care about transparency, helping them set up their own Freedom of Information websites on our open source codebase.
One such project is MaDada, the French FOI site which launched in the autumn of 2019, helping citizens navigate the bureaucracy around submitting a request for information. The name is a pun: ‘dada’ being a kids’ word for horse — hence their equine logo.
Thanks to ongoing support from the Adessium fund, we’ve recently equipped MaDada with the ‘Pro’ add-on that allows journalists and other professional users of FOI to access specialised tools.
We took the opportunity to speak with Laurent Savaete and Eda Nano from the Ma Dada team, to learn more about how the site has been received by the French populace and what the hopes are for this new Pro functionality (or ‘Plus Plus‘ as they’re calling it over there).
FOI in France
But first, we wanted to know more about the background of FOI in France. The Alaveteli community consists of so many organisations pursuing the same types of aims, but always against different cultural backgrounds, and there’s always an opportunity to learn from one another’s experiences. Eda and Laurent filled us in:
“The French FOI law is one of the oldest around — it dates back as far as 1978. It’s often referred to as the CADA law, based on the ‘Commission d’Accès aux Documents Administratifs’ which is the official institution in charge of overseeing how administrations comply with it. One good thing is that in both 2016 and 2018 the law was reinforced to require all documents to be released as open data, in open standards and easy-to-use formats.
“But unfortunately the right to information is not so strong here in France. For example, CADA doesn’t have a power of mandate. When an administration fails to respond to a request, CADA’s decisions are no more than advisory opinions, though they can be crucial if you want to take the administration to court for lack of response.
“Not everyone’s able or ready to take administrations to court, though. I mean, it’s not that the process is difficult, but it’s far more complex than filing an FOI request via MaDada.
“Also, while anyone can ask for documents, and the service is always free, we can only request documents that already exist and ‘do not require too much work from the authority’. There is of course no clear definition of ‘too much work’, but it’s often used as a reason to reject a request, along with the exemptions around matters of defence and official secrets which are too easily brandished in response to requests.”
Wait, ‘of course’ there’s no definition — did we hear that correctly? Apparently so:
“The exact wording of the French law is that a request must only be fulfilled if it ‘does not require so much work that it could impede the officer or the administration from doing their main work’.”
We were astonished to hear this — here in the UK, we have the same exemption, but it comes complete with an upper cost, which can also be expressed as hours of work, which must be undertaken before the authority can refuse the request due to ‘exceeding the appropriate limit’. We’ve also got a bunch of other exemptions! But at least they are all clearly defined.
Plan for an Open Government
When it comes to other problems with FOI, there’s a story that’s familiar to many in the Alaveteli network:
“The key problem in France is the gap between the law, and how the law is actually applied or enforced. Incentives for public officers tend to push against transparency: nobody will get in trouble for ignoring a request for documents, but they could if they disclose documents which shouldn’t have been published. So erring on the side of safety means less transparency.
“More and more, journalists and activists have been pointing out the complete lack of FOI responses or the overrun in delays from administrations in providing a legally required response.”
“Transparency and open data are clearly becoming cool!”
On the other hand, something’s in the air: “What we’ve seen in recent years and especially months, is that after the mid 2020 elections, municipalities started appointing deputies on transparency matters. For example in Marseilles, we now have a Representative for Transparency and Open Data for the town.
“France signed up for the Open Government Partnership initiative in 2014, but its first action plan in 2018-20? Frankly the results were not spectacular at all: it was more words than action.
“Last month, the Government launched a second two-year ‘Plan for an Open Government’: this one’s set to run until 2023. They said it will be better, with more money to serve it, more concrete actions, more collaborations with citizens. And they’ve asked MaDada to give feedback and tell them what we’d like to see realised in the next few years.
“So transparency and open data are clearly becoming cool. But at the moment it’s too young to be judged. The words are there and we need to see concrete actions. Let’s hope that things really will change drastically towards openness and transparency and that that we do not only have words to rely on.”
That’s all very interesting and helps us understand the background details. Now, into this mix a new FOI site for the general public appeared 18 months ago. So how has MaDada been received?
“When we launched in October 2019, the French FOI law was quite an unknown topic for the public at large, and the need for transparency and open data were still, somehow, something only discussed internally.
“In our first year of existence we had something like 200 requests (see MaDada’s blog posts about their first year online – in French).
“We are now at 800 public requests. So numbers picked up pace: something’s happened recently.
“It’s not just that the platform recently improved — with better user support and the addition of the Pro feature: we can also see that the topics of open data and transparency are becoming more and more popular. Several activists and organisations have been campaigning around these matters, sometimes via MaDada. The public is more and more aware of our existence and of their ability as citizens to actively participate.
“We list 50,509 public authorities (I think France has the world record here). A lot of our support time is used up trying to keep the email addresses for these authorities up to date. And that’s tricky: there’s not much proactive updating from the authorities themselves, we’re constantly having to ask them for new addresses. We hope that the Project for an Open Government will make this easier for us.
“As of today we’ve reached 955 requests, of which 794 are public — the rest are still embargoed. Out of those, just 126 have been successful so far. That’s very low: many authorities in France just ignore the law, and sit on incoming requests until the one month time limit to reply is over. We’re at around a 15% success rate, which is probably not too bad in the average French context. We’re obviously hoping to work to improve this!
“We’ve just seen an incredible growth in the number of users and requests in the past five months: more or less an exponential growth, which is pretty exciting! We hope this trend continues.”
And as for the addition of Pro, allowing for the MaDada++ service? We were interested to hear the organisation’s experiences and hopes around this add-on.
“The public is more and more aware of our existence and of their ability as citizens to actively participate.”
“The Madada++ feature is working so well: it’s been attracting journalists mostly, as well as data scientists and activists. The biggest appeal is the batch requests, and also the temporarily embargoed requests, allowing them to keep their news stories exclusive, or giving them time to analyse data before publishing.
“We’re happy to see that despite this ability, they still follow our advice to publish data as soon as they can.
“Since the MaDada++ feature went live, we’ve clearly seen more in-depth analysis and journals publishing reports on data obtained through it. We hope to see more coming in the next months.”
What’s France asking for?
Finally, we were curious about the type of information that’s been released on MaDada. Anything of interest here?
“Well, recently, as you might expect, there have been a lot of requests related to COVID-19: data around the analysis of COVID in sewage water; about the circulation of COVID variants in France; metrics showing the usage of our national COVID app.
“Let us also mention the publication of a report on poverty and conditions in accessing minimum social aid in France by the Secours Catholique and Aequitaz organisations: this report used responses to batch requests made via MaDada++.
“And another journalist, who uses MaDada extensively, just published a report on the fees of deputies, pointing out the lack of and need for transparency — that the French law already requires!
“Also, we’re very proud to begin our collaboration with La Quadrature Du Net, the French organisation defending digital fundamental liberties, who are intensively using MaDada for their legal analysis and for their Technopolice campaign that reveals the encroaching police surveillance powers.”
And on that last note, there’s the proof of the assertion we made at the top of this post: that the international community of Alaveteli users have so much in common. Privacy International have been looking into exactly this same issue, as we covered in a blog post.
We want to thank MaDada so much for sharing their experiences in deploying and running the Alaveteli codebase and offering the people of France an easier route to accessing information. While we’re all unable to travel, we can still have these useful and interesting discussions. May their project go from strength to strength.
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We’re delighted to announce that we’ve received funding from the Swedish Postcode Foundation that will help us extend our work on Freedom of Information in Europe.
The Foundation uses proceeds from the country’s lottery sales to help fund projects that support democracy and freedom of speech, as one of three areas where they believe they can help bring about long term positive change to the world.
The connection is particularly apt, as it was in Sweden that the world’s first FOI law was passed in 1766. From that beginning grew a worldwide good: since then, access to information has been recognised as a fundamental right by the European Court of Human Rights, and has been adopted in countries around the globe.
In May 2019 we received funding from Adessium Foundation for a three-year project to increase access to online FOI tools across Europe. The ultimate aim is to enable journalists, campaigners and citizens in Europe to make greater and more effective use of their right to access information; and in particular to generate public interest stories and campaigns that will hold power to account.
Now this new match funding will allow us to dig further and build better within the main elements of the project, which are:
- To help partners to launch new FOI sites in the Netherlands, France (already completed) and another jurisdiction (coming soon).
- To upgrade existing sites to include the Alaveteli Pro functionality: AskTheEU already has this and five others will gain it shortly. By 2022 there’ll be 13 Alaveteli sites in Europe, 10 of which will have Pro.
- To improve the Alaveteli Pro software with new features that’ll make it a more powerful tool for investigations and campaigns (so far we’ve worked on exporting data from batch requests and enabling users to add links to news stories).
- To support journalist and campaigning organisations to use Alaveteli tools as part of their investigations (such as Privacy International’s use of FOI in their investigation into surveillance technologies used by police in the UK).
- To monitor government compliance with FOI, especially in the wake of the coronavirus pandemic.
Now we can spread the goodness even further, so we’re planning to run some online training/learning activities around using Alaveteli tools as part of an investigation or campaign. If your work would benefit from this, and you live in an EU country with an Alaveteli Pro site, do get in touch.
We’re also keen to partner with membership-based news or campaign organisations to run more pilot projects using our new Projects feature. If you have a project that could benefit from contributors helping to extract and analyse data from FOI responses, let us know.
And finally: we’ll soon be starting to gather data about FOI compliance in different EU countries. If this is something that could benefit your work, register your interest and we’ll keep you posted.
Image: Jonathan Brinkhorst