Briefing
Summary of ECRE’s position on rights to
social assistance for asylum seekers, with reference to the Proposal for a
Council Directive laying down minimum standards on the reception of applicants
for asylum in Member States[1]
February 2002
ECRE’s
Position
ECRE
urges member states to agree to the granting of material reception conditions
to applicants of asylum during all forms of procedures, including social
assistance in the form of allowances. We fully endorse the arguments for a
rights-based approach as put forward by the Commission [2].
Denial of necessary social assistance to
asylum seekers amounts to forcing the individual into destitution and thus
threatens his/her basic human rights[3].
We
remind Member States of the objective of the Directive, which, according to
paragraphs 4, 6, 8 of the draft Preamble, is to provide dignified living
conditions for all applicants. To achieve this aim, and in order to avoid
discrimination, ECRE urges governments to grant asylum applicants rights to
minimum welfare assistance in parity with nationals.
The
level of support for asylum applicants should be seen in the context of the
fact that asylum seekers usually do not have extended family networks to
support them and it may be very difficult for them to secure employment even
where granted the right to work.
Social
assistance should be received as money sufficient to cover basic needs,
equivalent to nationals and within a reasonable time. The provision of social
assistance in kind or food is only appropriate in emergency situations of mass
influx or at the first, temporary point of reception. ECRE is opposed to any
non-cash system. Experience suggests that it is more appropriate to give asylum
seekers control over their living expenses. We are specifically opposed to the
use of vouchers as a means of providing assistance, because they are
stigmatizing and because of the many practical difficulties which arise in
exchanging vouchers for basic items. [4]
ECRE
welcomes the commitment that the total amount of support should be sufficient
to "avoid applicants and their accompanying family members falling into
poverty"[5]. ECRE
regrets, however, that it has not been possible to identify an objective
parameter to indicate the minimum value of support for asylum seekers. The
formula found, according to which the amount of support is supposed to be "outlined
by each Member State in relation to its welfare system and the living costs on
its national territory", in our
view leaves too much discretion to Member States. ECRE believes that Member
States should define poverty in clear and measurable terms.
ECRE
supports allowing asylum seekers the option of being accommodated by family and
friends and believes this is advantageous for the state, the individual and for
refugee communities. Any significant reduction of reception conditions for
applicants who have the possibility to be accommodated with family or friends
would effectively constitute a penalisation for both the asylum seeker and host
family members or friends.[6]
The
withdrawal or reduction of what are already minimum reception conditions is not
consistent with the requirements of human rights law. Sanctions should not be
imposed which mean that the rights of applicants and their family members to a
basic standard of health care, accommodation, food and social assistance are
withdrawn under any circumstances and the best interests of the child are
paramount.[7]
Article
17(2) grants Member States the discretion not to pay daily expenses to persons
who are detained. ECRE reminds
Member States that asylum seekers are not criminals and should never be treated
like them and that they may require daily expenses for, for example, phone
calls, products of personal care, etc.
ECRE
welcomes the obligatory establishment of independent offices to hear complaints
and resolve disputes concerning material reception conditions. We would like to
emphasise that "the existence of the office does not exclude the
possibility (...) for applicants and accompanying family members to take
proceedings before a court, at least when their fundamental rights might have
been infringed".[8]
ECRE
agrees with the provision that Member States may require applicants who are in
the position to do so to contribute to the cost of their material reception
conditions or to cover it.[9]
In
our view, asylum seekers should not be treated differently from nationals in a
similar situation who receive State social assistance. This can be guaranteed
by the clarification to Article 17(1) as proposed by ECRE below.
Proposed
amendments
ECRE
urges Member States to consider the following amendments:
●Article
15(3):
"Material
reception conditions should be provided in the form of financial allowances.
They may be provided in kind only if necessary at the first, temporary point of
reception."
●Article
17(1):
"Member
States shall ensure that the total amount of social assistance in relation to
material reception conditions is in parity with the minimum welfare assistance
granted to nationals."
●
Article 17 (1):
We
recommend Member States to delete the second sentence of Article 17(1) relating
to payments to those residing with family or friends.
●Article
17(2):
We recommend Member States to delete
this Article relating to non payments to those in detention for the reasons
outlined above.
●Article
18:
ECRE
recommends that Article 18 relating to complaints and disputes should include:
"the existence of the office does not exclude
the possibility (...) for applicants and accompanying family members to take
proceedings before a court, at least when their fundamental rights might have
been infringed".
●Article 22:
Article 22 relating to sanctions should be revised
– see ECRE Briefing on
Sanctions for our views. END