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
Vouliwatch is a platform for Greece which strives to make democracy more accessible for all. If you’re familiar with mySociety’s projects, it might be easiest to see it as a mixture of TheyWorkForYou (it publishes MPs’ votes); WriteToThem (making it simple for citizens to contact their representatives), and a campaign for more transparency and better oversight in the country’s parliament, often using Freedom of Information toward these aims.
This year, Vouliwatch found themselves in the extraordinary position of issuing a lawsuit to their own parliament. Their Managing Director Stefanos Loukopoulos explained how it all happened, in his presentation at AlaveteliCon.
He left us with quite the cliffhanger — would the case go to court or not? — so we were keen to catch up and find out how it had all resolved. But to begin with, here’s what he told us back in October:
“In Greece, there’s an independent committee known as the “Committee of Control”: it’s made up of judiciary, ombudsmen, and three MPs sit on it as well.
“Its role is to audit and check asset declaration and the finances of MPs, as well as the financial activities of political parties.”
As you’re probably aware, over the last eight years Greece has been in the grips of a massive financial crisis, losing more than 25% of its GDP. Stefanos says, “It’s a situation unknown anywhere else in history.
“The two parties who were in power during the period that led up to the crisis owe, between them, over 350 million Euros to the banks, the majority of which is unserviceable.”
So, that’s the background. And now to the nitty gritty of the case.
“Every year the Committee of Control put out a report. For the last three years it has said exactly the same thing: ‘Some political parties’ have taken public funding which was supposed to be for research, and used it for operational purposes. However, the report doesn’t go into detail of which political party, or how much money.
We were accused of trying to destabilise democracy. We think that actually, democracy is more harmed by hiding this information!
“The Committee has the power to impose sanctions, and the law is quite clear on this point: if funds are not being used for what they should be, or are stated to be used for, then they need to be returned… but year after year, these powers weren’t used and nothing was done about it.
“We believe people have the right to know what’s happened to this public money. We sent letters, but in return we were just accused of trying to destabilise democracy. We think that actually, democracy is more harmed by hiding this information!”
“After two years, we finally submitted a formal FOI request. We didn’t expect an answer (and we didn’t get one) but at least we were covered by FOI law, so we knew exactly what information we should have been entitled to. After consulting with a law specialist we decided to take Parliament to the constitutional court. This is the first time anything like this has ever happened.”
And so that was how Vouliwatch ended up issuing a lawsuit to their own parliament. The day Stefanos was telling this tale at AlaveteliCon, things had started to move. He said:
“The legal team at Parliament have suggested just today that the information we asked for has actually been released, but I haven’t received it yet. I’ll keep you updated. I’d love to take them to court really, it would create a far bigger buzz and perhaps open more people’s eyes to what FOI is and how it can work to expose malpractice.”
So, of course, when catching up with Stefanos a few weeks later, we were keen to know: was the information released, or did they get to go to court?
“In brief, yes, the information was released, so there was no court appearance after all.”
But the effort was still worthwhile on many fronts. The information was, Stefanos says, shocking:
If it wasn’t for our FOI request and our appeal to the Constitutional Court, no-one would have ever heard about it.
“The current ruling party Νέα Δημοκρατία (New Democracy) — which, by the way, owes give or take 142,100,000 Euros to the Greek banks (and it should not be forgotten that the banks have been practically recapitalised by the taxpayer on a number of occasions during the crisis) — has been using the state subsidy intended solely for educational and research purposes to repay its loans, for at least two consecutive years. This amounts to about a million Euros.
“The Committee of Control had actually detected this malpractice, but did not impose any sanctions — and worse, actually tried to conceal the story. If it wasn’t for our FOI request and our appeal to the Constitutional Court, no-one would have ever heard about it.”
There’s more detail on the whole tale on the Athens Live site. But getting the story out to the wider population has been a struggle, says Stefanos:
“Unfortunately the media landscape in Greece is very problematic, to say the least. All the big mainstream media groups belong to a handful of oligarchs (shipping tycoons, mainly) who have historically had close ties to the traditional political parties, New Democracy and PASOK.
“So, unsurprisingly perhaps, our story was covered only by independent media or left leaning newspapers and was totally ignored by all the big media groups.”
Of course it’s daunting to take your own Parliament to court. But the prospect of facing a court case is also exciting at the same time.
But there have been some visible results from Vouliwatch’s hard work.
“The new president of the committee publicly pledged that they would be stricter during the next auditing process.
“So that’s a positive outcome, but I must say that he didn’t mention anything about adding more details in the next report (which should be published by the end of the month so we are really looking forward to seeing what it will look like).
“Meanwhile, we got in touch with the parliamentary groups of various parties (except for New Democracy of course) asking them to table a parliamentary question on the issue. The only one that took it up was Μερα25 (Mera25), which is the Greek branch if you like of the Democracy in Europe Movement Diem25, and is led by Yanis Varoufakis. The (oral) question was posed in Parliament during its plenary session and the shadow minister of the interior tried to justify New Democracy’s actions by using legally unfounded arguments.
“We countered/deconstructed these in a reply and published it out — and Μερα25 is going to use it in their comeback question.”
And as for Vouliwatch’s day in court? It’s not entirely off the table, though now to the Committee of Control rather than Parliament as a whole: “Currently we’re drafting a lawsuit against the committee for breach of duty and will submit it to the relevant attorney general.”
This sort of work matters in Greece, and not only to uncover malpractice. Even if it’s hard to get mainstream media coverage, it all helps to highlight people’s right to information and how FOI can be used. But Stefanos says it’s not easy:
Our case proves that FOI does have a strong role to play in the fight against corruption/lack of transparency
“FOI in Greece is, unfortunately, virtually non existent. Despite the decent legal framework around it, citizens and journalists alike are unaware of their rights and how to exercise them — and the state (as well as public authorities/institutions in general) have failed to communicate it or make it easy for the public to use.
“I think our case proves that FOI does have a strong role to play in the fight against corruption/lack of transparency in Greece; however, one may be easily dissuaded and disappointed because in most cases one needs to resort to litigation in order to get a response.
“In other words, we took the case this far because it’s part of our work as an organisation. I doubt that a citizen or journalist would follow the same strenuous course as we did, bearing in mind the costs of litigation, the time required, the legal research etc, etc.”
Is it daunting issuing a lawsuit to government?
“Yes, of course. But the prospect of facing a court case is also exciting at the same time. If we were ordered to pay out a large amount in reparations it would be close to catastrophic for our organisation. However, our case was legally airtight and the chances of losing it minimal, which is why Parliament decided to back off and release the information in the end.”
Bravo Vouliwatch — and we’ll be watching future happenings with great interest.
Stefanos Loukopoulos is the managing director of Vouliwatch and spoke at AlaveteliCon in October 2019.