OBSERVATIONS of the EUROPEAN COUNCIL ON REFUGEES AND EXILES

on the

PRESIDENCY CONCLUSIONS OF THE EUROPEAN COUNCIL MEETING,

21 AND 22 JUNE 2002

 

General Remarks

 

1.     The European Council on Refugees and Exiles (ECRE) represents 73 refugee assisting NGOs working in 30 European countries towards humane and fair asylum policies and practice. ECRE is concerned with the needs of individuals who seek protection in Europe and aims to contribute to the development of a comprehensive response to the global refugee situation.  

 

  1. ECRE welcomes the European Council’s reaffirmation of its commitment to the implementation of the programme adopted in Tampere for the creation of an area of freedom, security and justice and its emphasis on the need of the European Union to develop a common policy on the issues of immigration and asylum (para. 26). It is important to underline in this context that the Tampere Summit called for "an absolute respect of the right to seek asylum" and the development of a Common European Asylum System that will be based on the "full and inclusive application of the Geneva Convention, thus ensuring that nobody is sent back to persecution".

 

  1. Similarly, ECRE is encouraged by the renewed acknowledgement that resolute action to combat illegal immigration and trafficking in human beings has to be balanced fairly with an asylum policy complying with international obligations (para 28). We further welcome the commitment to combat racism and xenophobia (para. 29) as an essential precondition for the integration of immigrants lawfully present in the Union and recommend that any integration measures be also extended to Convention refugees and persons enjoying complementary protection.

 

  1. ECRE, however, regrets that the Conclusions of the Seville Summit do not propose many concrete steps in the asylum field apart from a timetable for agreeing upon the asylum directives currently under discussion (para 37). Regrettably, the Conclusions limit themselves to border control enforcement measures and the evaluation of agreements with host and transit countries to promote their cooperation in the fight against illegal immigration and do not include any measures to ensure access to the EU for those who need protection. In this context, ECRE would like to remind the EU Heads of State of the necessity highlighted in the recommendation of the Commission’s Communication on a Common Policy on Illegal Immigration to offer “rapid access to protection so that refugees do not need to resort to illegal immigration or people smugglers” (para 3.2. of the Communication).

 

  1. ECRE is further disappointed by the failure of the EU Heads of States in Seville to acknowledge and seek to address some of the causes for the delays in progress in the areas of asylum and immigration since Tampere. We would like to stress here that a successful completion of the timetable agreed in Seville will only be possible if Member States commit to refrain from further changing national asylum provisions that go against the principles and standards of the draft EU proposals currently under discussion.

 

  1. A genuine common asylum system in Europe can only be established if it is based on the principles of responsibility sharing and solidarity between States. Within this context, we find highly worrying the deterrence focus of Member States' national legislative work on asylum and their reluctance to work towards a common asylum system that better protects refugees. The recently submitted modified proposal for a Directive on minimum standards on asylum procedures in Europe is a good example: it proposes to allow Member States to maintain national provisions for another two years after adoption even though they fall below generally agreed common standards. ECRE regrets that the Presidency Conclusions do not offer any suggestions for action to address these negative trends.

 

  1. ECRE supports the decision to review, before the end of the year, the list of third countries whose nationals require visas or are exempt from that requirement (para. 30 a). It urges Member States to use this opportunity to introduce exemptions from visa requirements for persons fleeing countries suffering civil wars or systematic abuses of human rights in order to enable them to gain access to Europe legally and without having to rely on smuggling and trafficking networks.

 

  1. Similarly, ECRE calls on Member States to carefully consider the conclusion of readmission agreements with transit countries of refugees (para. 30 c). Readmission agreements should not be used as mechanisms of responsibility shifting to third countries that may already be struggling to cope with large numbers of refugees on their territories. More importantly, readmission needs to occur under specific conditions in order to ensure Member States’ compliance with international obligations not to return persons to places where they might be facing a danger to their life or liberty.

 

  1. ECRE is concerned by the proposal for the “adoption by the end of the year, of the components of a repatriation programme based on the Commission Green Paper” (para 30 d). We acknowledge that the return of rejected asylum seekers is essential for maintaining the integrity of a well-functioning asylum system. We would like to note however that the Green Paper has yet to be subjected to careful examination and discussion among Member States as well as the NGO community.

 

  1. Regarding “early returns to Afghanistan”, ECRE urges the EU to apply caution in view of the situation on the ground following the conclusion of the Loya Jirga earlier this month. We believe that a number of groups (such as ethnic Pashtun in Northern Afghanistan, women) continue being at risk of persecution despite recent political changes. General conditions still prevailing such as limited food assistance, damaged infrastructure, prolonged drought, and the constant threat of landmines, also underline the necessity for caution. ECRE wishes to stress the importance of individual examination of asylum claims of persons who are to be returned in order to guarantee their protection. Furthermore, for returns to be carried out in a sustainable manner, additional support needs to be made available to UNHCR so that it can fulfil its mandate in Afghanistan.

 

  1. ECRE finally notes with concern the concept of evaluating relationships between the EU and third countries according to their willingness to cooperate in the management of migration flows, particularly where this would relate to the readmission of refugees who have transited through those countries (para. 33). While we are encouraged by the EU commitment not to jeopardise development objectives (para 36), we fear that the shifting of responsibility to often less developed countries risks placing a disproportionate burden on transit countries, thereby fuelling secondary refugee movements.  What is needed instead is EU engagement based on an assessment of what is required to help transit countries develop their capacity to better protect refugees.

 

During its Biannual General Meeting in Seville, ECRE’s 73 member agencies called upon all European States:

 

  1. To demonstrate the necessary political leadership to rebuild public confidence in the asylum system;

 

  1. To incorporate fundamental safeguards consistent with international human rights and refugee law standards into border control measures that enable refugees to access European territory to present their asylum claims;

 

  1. To significantly increase the European governments’ participation in resettlement programmes and to explore the potential of additional means of access to protection, such as embassy procedures, without prejudice to the right of spontaneous arrivals to seek and enjoy asylum on the territory of Europe;

 

  1. To ensure that a harmonised European approach to safeguard access and protection for persons fleeing persecution forms part of a co-ordinated and comprehensive strategy, which addresses the causes of forced displacement and reinforce global responsibility sharing, including by channelling aid to countries of first asylum.

 

ECRE notes with regret that the European Council of Seville has only made a modest progress towards the realisation of these objectives.

 

27 June 2002

 

For further information please contact:

 

ECRE Secretariat                                                                                                                                                    EU Office

Clifton Centre – Unit 22                                                                                                                                      Box 14

110 Clifton Street                                                                                                                                                  205 rue Belliard

London EC2A 4HT                                                                                                                               1040 Brussels

United Kingdom                                                                                                                                                     Belgium

Tel: (44) 20 7729 5152                                                                                                                                        (32) 2 514 5939

Fax: (44) 20 7729 5141                                                                                                                                       (32) 2 514 5922

http://www.ecre.org