ECRE Vision Statement

Annual Report 2014 ECRE Mission Statement

The European Council on Refugees and Exiles (ECRE) is a pan-European alliance of NGOs protecting and advancing the rights of refugees, asylum seekers and displaced persons. Our mission is to promote the establishment of fair and humane European asylum policies and practices in accordance with international human rights law.

Working together with our members and partners to inform and persuade European authorities and the public, we monitor and denounce human rights violations while proposing and promoting fair and effective durable solutions. We accomplish our mission through research, advocacy and the sharing of knowledge and expertise.

ECRE strives for a Europe that protects refugees, asylum seekers and displaced persons with dignity and respect.

“Europe” refers to the broader geographic territory as well as “Europe” as an actor giving access to protection and providing assistance on its territory and outside.

The term “protects” is defined in the broadest sense, to encompass access to asylum, legal and physical protection and integration.

“Refugees, asylum seekers and displaced persons” to include all people seeking protection against their loss of rights due to displacement. Table of Contents

Foreword �� 4 Europe must be part of the solution to #HelpSyriasRefugees �� 6 It’s life or death. Let’s choose life – ECRE on deaths in the Mediterranean and end of Operation Mare Nostrum �� 9 AIDA Annual Report: fleeing war and persecution, forced to seek safety in a rickety boat �� 11 ECRE calls for a system to allow positive decisions on asylum to be recognised across the EU �� 12 ECRE’s recommendations on the transposition of EU’s recast Asylum Procedures Directive �� 13 ECRE publishes practitioner’s tool on how the Charter of Fundamental Rights can be applied to asylum procedural law ��14 Disrupted Flight – Excessive red tape prevents refugees from reuniting with their family �� 15 ECRE’s work with EASO and Frontex �� 16 Important cases �� 18 European Database of Asylum Law (EDAL) �� 20 Unaccompanied children face obstacles in accessing quality legal assistance �� 21 Dialogue on Migration and Asylum in Development (DOMAID) �� 22 Forum Share, a Belgian Migrant-led platform �� 23 Actors of Protection and the Application of the Internal Protection Alternative (APAIPA) �� 24 Strengthening the ELENA Network in 2014 �� 27 ECRE Annual General Conference and UNHCR NGO Consultations �� 29 ECRE’s Media Officer’s Network �� 30 ECRE Welcomes 3 new member organisations �� 31 Our members in 2014 �� 32 ECRE Staff 2014 �� 33 ECRE Finances 2014 �� 34 ECRE’s partners �� 35

Photos credit: Page 8, Jodi Hilton | Page 16, Kris ECRE | Page 21, Leila Alaoui | Page 22, Klaus Bo Christensen | Page 23, Tanja Jørgensen Foreword

“We fled to Turkey from Syria to get away from the war. When we were in Turkey, I wanted to find out how we can get to Sweden, Norway, Finland, countries that grant you asylum. I found out that it costs 10,000 Euro per person. There are four of us, so it would cost us 40,000 Euro. I don’t have that amount. Greece is just beside Turkey so we decided to try to go there. There were a lot of difficulties.”

They told us there was an inflatable boat that can carry 20-30 people but they packed 80 people on Board. I paid 7,000 Euros for myself, my wife and kids. It would be possible for European countries to take Syrian refugees who are in Turkey, Jordan, Iraq, or the people in the camps.

How could we get to Sweden? Legally it is difficult. There is no other way other than the illegal way. The illegal way is death, death, death, and huge amounts of money.” Zaina and Osama They are married with two children. They didn’t believe the war would reach Aleppo. The day the school in front of their home was bombed, they decided to flee to try to keep their family safe.

In 2014, ECRE and its members put a great emphasis on giving voice to the difficulties faced by thousands of refugees who try to seek protection in Europe. Their experiences are quite simply nightmarish. Take the example of Farah in Lebanon whose children can’t go to school and must beg on the street to get money for rent and food; or Zaina and Osama who were beaten and robbed by smugglers trying to leave Greece, a European country; or Azmi, who risked his life by crossing the Mediterranean and was beaten in Italy because he didn’t want to give his fingerprints and is now in Belgium desperate to get his family to join him but without risking their lives.

Europe’s policies, our policies, are forcing people to risk their lives. There are few possibilities to apply for protection or humanitarian visas in Member States’ embassies; complex family reunification requirements mean that those who have family in Europe cannot always be reunited with them; and Europe’s contribution to respond to the acute global resettlement needs remains poor in view of the needs. Left with no other option, refugees are forced to travel irregularly and at great peril. The rickety boats that people pay thousands to travel in often sink leaving people’s hopes and dreams of protection on the seabed.

As if the lack of legal and safe routes were not enough, States are also employing deliberate deterrents to protection at Europe’s borders. The reinforced border controls and fences on the Greek and Turkish land borders have all but sealed the border for refugees. At the same time , allegations persist of refugees being illegally pushed back in particular at the Greek-Turkish and Bulgarian-Turkish borders. Such practices undermine the credibility of the EU’s common policy on asylum as a whole. All efforts must be undertaken to ensure that fundamental rights, in particular the right to asylum and the principle of non refoulement, are respected in practice at the EU’s borders so as to ensure that all protection claims are properly examined.

We believe that Europe’s response can and must be much better. We will continue advocating not only for the creation of safe and legal means for refugees to access Europe, but also for fair and humane asylum policies in accordance with international law.

Michael Diredring Secretary General European Council on Refugees and Exiles Advocacy

In 2014, ECRE expanded its advocacy and communications efforts to also target those in the general public interested in its work. This expansion was an exciting challenge as we had to communicate complicated, technical, politically sensitive and emotional issues, which are defined by national interests and pressures, in everyday language. Sharing our messages and beliefs with a more varied and diverse audience brought great benefits as it added significant weight to our policy positions and advocacy work with politicians while increasing ECRE’s visibility and broadening its stakeholder base. Europe must be part of the solution to #HelpSyriasRefugees

As the conflict in Syria raged on and millions were forced to flee their homes, ECRE and over 100 partners ran the Europe Act Now #HelpSyriasRefugees campaign from March to June 2014 to call on European countries and institutions to ensure access to protection in Europe to people fleeing the war in Syria by giving refugees a safe way into Europe, reuniting families torn apart by the crisis and protecting the refugees arriving at Europe’s borders.

The war in Syria has generated one of the greatest humanitarian tragedies of our time, with millions of people fleeing the country. The vast majority of these refugees remain located in Syria’s neighbouring countries struggling to find shelter and basic services. Europe has received just a small fraction of these refugees with many having to risk their lives on dangerous irregular journeys to be able to submit their asylum claim on EU territory. A lucky few thousand were able to arrive legally and safely through resettlement, humanitarian and other forms of admissions. CAMPAIGN CALLS AT A GLANCE: 1. Give refugees a safe way 2. Protect refugees arriving at 3. Reunite families torn apart into Europe Europe’s borders by crisis

CAMPAIGN HIGHLIGHTS: »»Over 100 NGOs called on European governments and institutions to implement urgent measures in order to create safe and legal channels for Syria’s refugees to reach Europe and to ensure effective access to protection and fair and efficient asylum procedures in EU Member States for those arriving at the EU’s borders. »»Over 20,000 people signed the campaign petition which was delivered to Sarah Nelen, repre- sentative of Herman Van Rompuy, President of the European Council on 20 June 2014, World Refugee Day. »»Over 16,500 people gave their voice to Ayman, Mohamad,Zaina and Osama, Farah, Azzam and Azmi to let the experiences of these refugees be told through their social media accounts. »»The campaign received significant support from decision-makers and civil society, and attract- ed widespread coverage in national, European and international media. »»The Guardian hosted a live Q&A with Azzam, Syrian refugee in Belgium and ECRE’s followers had a live twitter chat with Karim, Syrian refugee in Austria.

In December 2014, a ministerial-level meeting on resettlement and other forms of admission for Syrian refugees was held under the auspices of UNHCR. Ahead of the conference, ECRE, Amnesty International, CCME, ICMC, IRC, JRS Europe and the Norwegian Refugee Coun- cil wrote to the EU institutions to urge Member States to make meaningful pledges at this conference to resettle and admit more refugees who have fled Syria. ECRE also joined with over 30 international humanitarian organisations to call on governments to commit to resettling at least 5% of the most vulnerable refugees from Syria currently in neighbouring countries - 180,000 people - by the end of 2015. At the conference on 9 December, European States offered an additional 4,000 places to refugees who have fled war-torn Syria.

Check our campaign hashtag on twitter #HELPSYRIASREFUGEES

It’s life or death. Let’s choose life – ECRE on deaths in the Mediterranean and end of Operation Mare Nostrum Together with other NGOs and UNHCR, ECRE raised serious concerns over the announcement of the end of Italy’s rescue operation Mare Nostrum in October 2014. Since the launch of the operation in the previous year, over 140,000 people had been saved in the Mediterranean Sea while attempting to reach safety in rickety boats.

While Mare Nostrum operated in international waters, ECRE warned that the joint Frontex operation Triton, scheduled to begin on 1 November 2014, would only be active within 30 miles off the Italian coast and would only have a third of the budget of the Italian Operation. Along with calls for a robust search and rescue operation, ECRE called for the creation of safe and legal channels to Europe so that the lives of people searching protection are not put in more danger.

“350,000 people crossed and risked their lives at sea in 2014, more than 207,000 of them crossing the Mediterranean.

The first priority must be to ensure that lives are not lost at sea by ensuring timely rescue and safe disembarkation, regardless of a person’s status.

The second priority is to broaden the perspective: Protection at sea is the tip of the iceberg. A ‘one size fits all’ policy approach will not suffice. Our efforts to ensure protection at sea will not be effective without a comprehensive approach taking into account the full cycle of movements; the situation and the protection challenges in the country of origin, in transit, upon arrival in country of destination, and possibly back to country of origin again.

Thirdly, in the absence of regular migration pathways and durable solutions in nearby countries, people will continue to move.

Andreas Kamm Fourthly, restricting and limiting the regular routes and legal avenues for mixed migration flows has consequences. ‘Fortress Europe’ has been Chair of the ECRE built, closing its borders and building fences, and thereby shifting the focus from the obligation to protect asylum seekers and refugees to a focus Board and Secretary on protecting the European borders. Yet, we know that deterrents do not work. General of the Danish Refugee Council Furthermore, the EU should ensure that protection channels and legal avenues for access to the territory remain open. We have a number of tools for this: humanitarian visas, embassy procedures and resettlement. Moreover, common standards for reception and hosting of asylum seekers and refugees and frameworks for migrants should be implemented throughout the EU and the EU should establish a common European resettlement programme” Policy

In 2014 ECRE strengthened its evidence-based policy framework through in-depth legal analysis of the legal framework of the Common European Asylum System (CEAS) and concrete recommendations on the implementation of one of its building blocks, the recast Asylum Procedures Directive. It also further developed and deepened its understanding of the asylum systems in 15 EU Member States through its Asylum Information Database and the publication of its second Annual Report. AIDA reports are increasingly used by policy makers, judiciary and legal practitioners and EU agencies and provide an invaluable source of information on trends and developments on the ground that inform and guide the policy work of ECRE and other stakeholders. Furthermore, ECRE in 2014 also played a pioneering role in promoting the use of the EU Charter of Fundamental Rights in asylum law and launching the much needed debate on the mutual recognition of positive asylum decisions and the transfer of protection statuses within the EU through the publication of respectively a booklet and a discussion paper. Finally, a joint ECRE- Red Cross EU Office paper on family reunification documents existing obstacles to family reunification for refugees and beneficiaries of international protection and formulates concrete recommendations to address these obstacles. AIDA Annual Report: fleeing war and persecution, forced to seek safety in a rickety boat

On 9 September 2014, ECRE launched the second Annual Report of the Asylum Information Database (AIDA) entitled “Mind the Gap: An NGO Perspective on Challenges to Accessing Protection in the Common European Asylum System”. The research illustrates the persistent gaps between the theory of a Common European Asylum System (CEAS), where people fleeing similar situations are treated alike, and the harsh realities facing asylum seekers in 15 Member States of the European Union.

The report also highlights that while conflicts in Europe’s backyard are multiplying, persons fleeing war and persecution are increasingly forced to take ever greater risks in order to reach EU territory and claim international protection.

“Creating more obstacles for refugees to reach the EU territory only benefits the business of smugglers. It is absurd that refugees are forced to pay thousands of euro in order to make a life-threatening trip to Europe because visa restrictions, carrier sanctions and border controls prevent them travelling legally, while many of them, such as Syrians and Eritreans, would be granted asylum and allowed to rebuild their lives in Europe if they survived the journey and made it to European soil. How long will the EU look the other way while their policies and unwillingness to create legal and safe avenues for refugees to access the EU are forcing people to risk their lives and contribute to filling the pockets of criminal smugglers?”, stated Michael Diedring, ECRE Secretary General, at the launch of the report attended by over 70 participants, ranging from civil society, to representatives of the European Parliament, Permanent Representations of Member States, as well as UNHCR.

The findings of the report document developments at European and national level across various elements of the Common European Asylum System, with particular emphasis on mapping the divergent interpretation of the “safe country of origin” concept across different Member States, restrictions to legal assistance and the right to an effective remedy, and a detailed examination of the use of detention against asylum seekers in practice.

The AIDA Annual Report has proved a reliable and influential source of information for practitioners, researchers and policy-makers, and was cited among others in publications of the European Parliament; the Greens/EFA Beyond Dublin report and the Study on Enhancing the Common European Asylum System and Alternatives to Dublin are examples.

aida Asylum Information Database ECRE calls for a system to allow positive decisions on asylum to be recognised across the EU

A major challenge facing beneficiaries of interna- quences thereof. It finds that while there is some tional protection is the fact that they cannot move basis for its application under international and and settle freely in another Member State after EU law, the principle lacks implementation and they have been granted status by one Member as a result more detailed regulation is required to State. By virtue of the Dublin III Regulation, strict give it its intended effect. ECRE also analyses criteria are used to determine which Member what it means to transfer an international protec- StateA is responsible for processing an asylum tion status between Member States, whether it is claim which can leave an individual separated necessary, and the practical difficulties that may from their family or unable to move to another be encountered. Finally, the paper looks at the country where they have better integration pros- Long Term Residence Directive as amended and pects. In November 2014, in order to seek solu- its current protection gaps including in relation to tions for these difficulties facing refugees in Eu- the free movement of beneficiaries of internation- rope, ECRE published a discussion paper on the al protection. mutual recognition of positive asylum decisions and the transfer of international protection status within the EU.

ECRE concluded that having a system in place which recognises another Member State’s positive asylum decision and allows for the transfer of international protection status between States would alleviate these problems facing refugees. It would also rectify the anomaly which allows States to recognise and implement another State’s negative and return decisions, yet there is no systematic recognition of a Member State’s positive asylum decision. Having such instruments in place would also complete the Common European Asylum System and would ensure that a uniform status on asylum be truly valid within the Union.

The discussion paper starts by examining whether there is a legal basis for the application of the principle of mutual recognition under international and European Union (EU) law and the conse- ECRE’s recommendations on the transposition of EU’s recast Asylum Procedures Directive

In December 2014, ECRE has published strengthened in the new directive, which an Information Note on the EU’s recast states explicitly that time limits on applica- Asylum Procedures Directive providing a tions to challenge decisions must be of a detailed analysis of the key provisions in reasonable length and not make such chal- the Directive and recommendations on lenge impossible or excessively difficult. how to transpose and implement those provisions. ECRE strongly encourages However, ECRE’s information note also Member States to take full advantage of the explores some of the disappointing as- Directive’s provision to introduce or retain pects of the Directive, including the overall ‘more favourable standards on procedures complexity of the document. For instance, for granting and withdrawing internation- ECRE feels that little progress has been al protection’, thus ensuring compliance made with regard to the previous direc- with obligations under international human tive on the subject of safe country of origin rights law, the EU Charter of Fundamental concept. The Directive allows EU states to Rights and the case-law of the European establish a list of countries which are con- Court of Human Rights (ECtHR) and the sidered generally ‘safe’. This creates the Court of Justice of the EU (CJEU). presumption that applications for asylum may not be based on a well-founded fear of According to ECRE, the recast Asylum Pro- persecution and are therefore unlikely to be cedures Directive, adopted in June 2013 successful. In ECRE’s view, the application represents, in many aspects, an impor- of a safe country of origin concept distracts tant improvement with regard to procedur- from the true purpose of the asylum proce- al guarantees for asylum seekers. ECRE dure, which is the individual examination of welcomes the progress made on a number the protection needs of the asylum seeker. of topics. For example, the new directive Although the directive now clearly defines sets out that Member States may only omit the grounds on which the examination of a personal interview in the asylum process asylum claims may be accelerated, ECRE under limited circumstances. This repre- is concerned that a number of the grounds sents a positive step towards guaranteeing listed are open to wide interpretation and a fairer asylum procedure. According to the are not directly linked to the substance of recast directive, Member States also have the asylum application. an obligation to ensure that staff examining asylum claims in the refugee determination process are properly trained. The right of asylum seekers to challenge adverse decisions before a court or tribunal is also ECRE publishes practitioner’s tool on how the Charter of Fundamental Rights can be applied to asylum procedural law

As part of the FRAME (Promoting the EU Charter of Fundamental Rights within the legal networks active in the field of asylum and migration in Europe) project, ECRE and the Dutch Council for Refugees published a booklet on the application of the Charter of Fundamen- tal Rights of the EU to asylum procedural law.

The booklet provides practical guidance as to how to effectively utilise the standards of the Charter in the area of asylum. It examines the content, scope and legal effects of the Charter and other relevant fundamental rights and principles. It also provides an overview as to how the Charter and general principles of EU law can be applied to issues such as access to the territory and to the asylum procedure; legal assistance, rep- resentation and legal aid; the right to a personal interview, time-limits in the asylum procedure, evidentiary assessment; the right to an appeal of an asylum decision; and the examination of subsequent applications.

The booklet assists practitioners supporting those in need of international protection as well as immigration officials and the judiciary. Improving the understanding as to how the standards of the Charter can be used in asylum proceedings can be used is essential for the proper implementation of the EU asylum acquis and ultimately to ensure that the rights of those seeking international protection are respected. Disrupted Flight – Excessive red tape prevents refugees from reuniting with their family

Together with the Red Cross EU Office, to embassies and consulates abroad, with- ECRE set up an informal network of mem- out unnecessary obstacles such as dispro- ber organisations active in the field of fam- portionate documentary evidence or unjus- ily reunification. The network produced tified presence requirements. It confirms the report Disrupted Flight - The Realities that current procedures tend to lead to fur- of Separated Refugee Families in the EU ther isolation and separation of families due in November 2014, on family reunification to the length and costs of such procedures, practices in 12 Member States. including strict requirements on proving family ties, and high administrative require- Once granted a status, refugees face nu- ments, in particular for the family members, merous difficulties to bring their family to who are often in more precarious situations the EU. As a result, many people suffer from than the sponsor. separation and wait for years to finally be reunited with their relatives. The constant worry about their family left behind and the absence of any relatives in their country of asylum increase their vulnerability.

According to the Family Reunification Di- rective, more favourable rules should be applied to this target group to enable them to enjoy their right to family life. This should translate into exemptions and derogations to the rules set out in the Directive for refugees who apply for family reunification. From the experience of practitioners, it ap- pears however that current national practices remain inadequate to address the situation and the specific needs of people benefiting from international protection in the EU.

The report highlights the inadequacy of the procedure when compared to the realities of the refugee flight. It recommends further reflection so as to ensure effective access ECRE’s work with EASO and Frontex

ECRE has engaged constructively with Frontex and EASO and has built effective working relationships with both agencies. As a result it is now ideally placed to relay civil society input to the Agencies.

ECRE has consistently emphasised the importance of the quality of decision-making, in particular at the first instance of the asylum procedure. At the EU level, one of the important tasks of the European Asylum Support Office (EASO) is to assist national asylum authorities to enhance and maintain quality of decision-making. EASO has developed a series of training modules as well as quality tools for that purpose. As a member of the EASO reference group together with UNHCR and the Odysseus network, ECRE exten- sively comments on draft training modules and quality tools to ensure that they properly reflect international human rights law and EU asylum law and standards, and also con- tributes to the updating of these instruments.

Close to 3000 asylum officials were trained in 2014 alone using the EASO training curriculum. ECRE’s involvement in the training curriculum and quality materials is therefore an important channel to positively influence quality of national decision-making practice.

ECRE was also involved in several EASO working groups as well as EASO’s consultative forum.

Our working relationship with Frontex has reached a level of maturity. In 2014, ECRE continued its role as an active member of the Frontex Consultative Forum, in particular in the working groups dealing with Frontex operations and risk analysis. . Our current requests towards the agency are 1) that in its operations the fundamental rights of all migrants are sufficiently protected, 2) that Frontex institute an individual complaints mech- anism and 3) that Frontex pressure all Member States to comply with international and European human rights law in their border control activities . ECRE Strategic Litigation Activities

In 2014 ECRE has been increasingly involved in strategic litigation, which is understood by ECRE to have a broad definition encompassing direct engagement with cases, third party interventions, support to lawyers (both formal and informal), training, exchange of legal information as well as monitoring the execution and implementation of relevant judgments and submitting complaints to the Commission and the Council of Europe Committee of Social Rights.

In 2014 we have expanded our litigation priorities in order to involve the following core thematic issues: Access to Asylum Procedures, Reception Conditions, Detention and the Dublin system. Since 2014 our litigation efforts focus on the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECtHR), the European Committee of Social Rights (ECSR) and limited domestic litigation in light of potential CJEU or ECtHR litigation in states, where ECRE or its members will have a legal standing.

ECRE would like to express its gratitude to Professor James C. Hathaway, who has served as a Special Counsel to our strategic litigation project and chaired the Strategic Litigation Advisory Panel until 2014, for his invaluable contribution to the development of our litigation activities. Important cases

Third party intervention in Tarakhel v Switzerland, Application no. 29217/12 In 2014 ECRE, the AIRE Centre and Amnesty International intervened jointly with the assistance of lawyers from across Europe in a landmark case of Tarakhel v Switzerland. The case was decided by the Grand Chamber of the European Court of Human Rights in 2015 and concerned an Afghan family with young children, who made their way to Switzerland from Italy and claimed asylum there.

The European Court of Human Rights (ECtHR) held that returning the family to Italy without guarantees that they would benefit from appropriate conditions would violate human rights as enshrined in the European Convention of Human Rights. The Court ruled that returning the family to Italy would breach Article 3 of the European Convention on Human Rights (ECHR) which prohibits inhuman and degrading treatment, if this were done without Switzerland having first obtained specific individual guarantees that the Italian authorities would take charge of the applicants in a manner adapted to the age of the children and that the family would be kept together.

The Tarakhel judgment is a definite step forward as it reiterates asylum seekers cannot be automatically returned to another EU country on the assumption that all EU Member States respect fundamental rights. The Court clarifies that where there are substantial grounds for believing that the individuals face a real risk of ill-treatment, the authorities must conduct a thorough examination of the individuals’ particular situation before returning anyone under the Dublin Regulation to ensure that their fundamental rights will be respected. Guarantees specific to any particularly vulnerable individuals - such as families with young children - must be obtained so as to ensure those individuals will personally benefit from appropriate material conditions. This duty goes beyond assessing the general situation.

Submission to the Committee of Ministers of the Council of Europe in the case of M.S.S. v. Belgium and Greece (Application no. 30696/09) In May 2014 ECRE and the International Commission of Jurists (ICJ) presented their third joint submission to the supervision of implementation of the judgment in the case of M.S.S. v. Belgium and Greece (Application no. 30696/09).

The submission focused on the developments that have occurred with regard to the asylum procedure and conditions of detention in Greece and addressed two of the three violations identified by the Court in respect of Greece: »» The violation of Article 3 ECHR as a result of the conditions of detention in which the applicant was held; »» The violation of Article 13 in conjunction with Article 3 ECHR because of the shortcomings in the asylum procedure as applied to the applicant and the risk of refoulement to Afghanistan without any serious examination of his asylum application and without his having had access to an effective remedy.

The two organizations considered that Greece did not provide an effective remedy against non-refoulement, as required by the M.S.S. v. Belgium and Greece judgment, and highlighted that the Greek authorities must bring an end to any practice of lengthy and arbitrary detention of migrants. They noted that detention should be used as a measure of last resort and only when any other alternatives are not available. Moreover, its use should be subject to the principles of necessity and proportionality.

ECRE and the ICJ also considered that Greek authorities should take prompt and meaningful measures to considerably improve conditions of detention in closed centres for asylum seekers and undocumented migrants, so as to bring them into line with EU law and with the ECHR and other international law and standards and recommend- ed the Committee of Ministers to maintain scrutiny of the matter. Spotlight on ECRE projects

In addition to its core work, ECRE has the opportunity to work in more detail on specific themes or areas, thanks to the support from donors through projects and tenders. Mainly pan-European in nature, these projects enable us to broaden the scope of our research; give us more evidence-based information to help us develop our policy and advocacy work; reach out to wider audiences; and work in close partnership with other important agencies on refugee rights, in particular our Member organisations. European Database of Asylum Law (EDAL)

EDAL is a unique online database which provides free access to key asylum and refugee case law from 17 European Union Member States as well as jurisprudence from the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR).

In 2014, ECRE took over the database from the Irish Refugee Council and continued to expand EDAL over the year so that EDAL became host to a wealth of case law summaries on both the European and domestic level.

In 2014, EDAL enabled users to keep abreast of how States and the judiciary were transposing and implementing EU legal obligations. This was done through the completion of approximately 50 case summaries (done in both the original language and an English translation) as well as over 10 journal articles analysing the interpretation given to national and European law by courts. The circulation of case law assisted practitioners in the provision of quality legal counsel to those in need of international protection and subsequently the improvement of their own argumentation.

Additionally, the database was kept up-to-date with an additional 100 resource documents and 140 news items from the ELENA Legal Update, mapping the latest updates on legislation and jurisprudence across Europe and within Member States.

ECRE would like to thank Tudor Rosu and Gruša Matevžič from the Hungarian Helsinki Committee and Luc Leboeuf from the Université catholique de Louvain (Belgium) for their contributions to EDAL Journal. Unaccompanied children face obstacles in accessing quality legal assistance

The comparative report of the project Right to justice: Quality Legal Assistance for Unaccompanied Children, published in July 2014, reveals that even though legal assistance is provided in a number of migration and asylum procedures, unaccompanied children are not always informed about their right to it or assisted in accessing it.

The research looked at the legislation and practice in seven European countries (Austria, Belgium, Bulgaria, Denmark, Italy, Spain and the United Kingdom), included inter- views with unaccompanied children and concluded that they still face a number of obstacles in accessing quality legal assistance. The availability of free legal assistance for children in all migration and asylum related procedures is crucial to guaranteeing their right to justice and access to effective remedies.

As part of the project, Guiding Principles on Quality Legal Assistance for Unaccompanied Children were also developed, together with indicators to monitor the implementation of the principles. Dialogue on Migration and Asylum in Development (DOMAID)

ECRE, together with the Danish Refugee Council (DRC), IRC and CIR has imple- Three Discussion Papers were published in the course of the project: “Regional mented the project “Dialogue on Migration and Asylum in Development” (DOMAID) Protection Programmes: an effective policy tool?” that discusses the state of play, between September 2012 and the end of 2014. lessons learned from implementation and potential of RPPs; “Finding solutions to protracted displacement: the EU”s role and the way forward”, that puts forward rec- The DOMAID project aimed to strengthen the dialogue between civil society and ommendations on the role of the EU to address protracted displacement; and “Work- European institutions, and build advocacy on migration and refugee protection in de- ing together with refugee Diasporas in development” that maps the partnerships and velopment cooperation. Aside from European NGOs, local organisations from third potential of NGO and refugee Diaspora cooperation. countries and Diaspora groups participated and examined the role and impact of EU policies in supporting protection of refugees and internally displace persons (IDPs) The project closed with a Roundtable co-hosted by ECRE, the European Commis- around the world. sion and UNHCR, on “EU policies supporting development and lasting solutions for displaced populations” and a Final Report summarising the role of different policies The project consisted of a series of closed platform meetings between NGOs inside and the impact of civil society organisations and Diaspora groups. and outside Europe, trainings for civil society organisations and Diaspora groups, public seminars, and regional debriefings to the European Commission services by NGOs on protection challenges in selected parts of the world. Forum Share, a Belgian Migrant-led platform

Together with Belgian organisations, ECRE supported the migrant-led platform Share which in 2014 became a registered organisation.

Share is the result of a process that started in 2010 with the aim of creating a platform for raising the voices of migrants and refugees in Belgium. Share organised in 2012 a national Forum on integration, published and produced a number of articles and recommendations. In 2014, ahead of the Federal and Regional elections, the platform produced together with the Minderhedenfo- rum a Memorandum on employment and education. The platform participates to different forums such as the national anti-racism platform and is supported by the National Lotery Fund, and the King Baudouin Foundation. Actors of Protection and the Application of the Internal Protection Alternative (APAIPA)

The APAIPA project (2012 to 2014) aimed als were also studied to see if there were to improve the quality of asylum decision trends or good or bad practices that could making by ensuring that the concepts of be identified. At the end of the project a the “internal protection alternative” and “ac- comparative report was published along tors of protection” are applied according to with eleven national reports. identified best practices and international human rights law. Recommendations included that the Euro- pean Commission should produce interpre- ECRE worked with partners Asylum Aid, the tative guidelines on the concepts of actors Hungarian Helsinki Committee, Vluchtelin- of protection and on the internal protection genwerk Nederland and associate partner, alternative in the Qualification Directive. UNHCR and carried out research in 11 EU Member States (Belgium, the Netherlands, These should be compliant with interna- Hungary, Poland, Spain, Italy, the United tional law, as well as relevant UNHCR Kingdom, Germany, Austria, France and guidelines and other relevant material, and Sweden). should be revised regularly. One of the key recommendations of the comparative report The research focused on internal protec- is that the facts relating to a claim should tion as an integral part of individual refugee be clearly established before considering status determinations, including its appli- protection needs and analysing actors of cation to vulnerable groups, sufficiency of protection and internal protection alterna- protection considered, actors of protection tives, if such concepts are being used. Any as well as blanket policies in the EU Mem- analysis of the availability of protection or ber States. the internal protection alternative should be clearly distinguished and separated from Under the project, there were also several the credibility assessment. Finally, if the national and regional workshops with judg- internal protection alternative or actors of es, decision makers and legal representa- protection is raised as a possibility, it must tives in Budapest, Brussels, Berlin, London be fully assessed and not simply asserted . and Manchester.

Experts reviewed over 1,100 national asylum decisions that implemented either the internal protection alternative or the actors of protection concepts. Vulnerable cases and cases of Russian and Afghan nation- In 2014, ECRE also carried out or took part in the following projects: Domaid - Dialogue on Migration and Asylum in Development Learning from Practice II (2nd part of the EDAL project) Funded by the European Commission - EuropeAid Led by the Irish Refugee Council Funded by the European Commission - European Refugee Fund AIDA - Asylum Information Database Funded by the European Programme on Integration and Migration - EPIM A Face to the Story - the issue of non-removables in detention Led by Flemish Refugee Action APAIPA - Actors of Protection and the Application of the Internal Protection Alternative Funded by the European Programme for Integration and Migration - EPIM Funded by the European Commission – European Refugee Fund CREDO –Improving Credibility Assessment in EU Asylum Procedures SHARE Led by the Hungarian Helsinki Committee Funded by FIPI (Fonds d’Impulsion à la Politique des Immigrés) (Belgian Government). Funded by the European Commission –European Refugee Fund

Right to Justice - Quality Legal Assistance for Unaccompanied Children No Longer Alone – Advancing Reception Standards for Unaccompanied Children Funded by the European Commission - Fundamental Rights and Citizenship Led by ECRE Funded by the European Commission - Pilot project «Analysis of reception, protection FRAME - Promoting the EU Charter of Fundamental Rights within the legal networks and integration policies for unaccompanied minors in the EU» active in the field of asylum and migration in Europe Funded by the European Commission - Fundamental Rights and Citizenship Interim Funding for the European Database Of Asylum Law (EDAL) Led by ECRE SHARE II - Building a European Resettlement Network for Cities and Regions Funded by the Enduring Capacity Fund of Atlantic Philanthropies Led by ICMC Funded by the European Commission – Preparatory action «Network of contacts European Database of Asylum Law (EDAL) and discussion between targeted municipalities and local authorities on experiences Led by ECRE and best practices in the resettlement and integration of refugees» Funded by the Julia Taft Refugee Fund

Improving International Protection in Europe Asylum Information Database II Funded by UNHCR Led by ECRE Funded by Stichting Adessium

ECRE had an advisory role in the following projects: Refugee Integration – Assessment, Evaluation, Engagement and Capacity building in CONNECT: Identifying good practices in, and improving, the connections between actors select Western and Central European countries involved in reception, protection and integration of unaccompanied children in Europe Led by UNHCR Led by Save the Children Sweden Funded by the European Commission - European Refugee Fund Funded by the European Commission - Pilot project on unaccompanied minors

Making Alternatives to Detention in Europe a Reality by Exchanges, Advocacy and Learning (MADE REAL) Led by the Odysseus Network Funded by the European Commission – European Refugee Fund Working together in 2014 Strengthening the ELENA Network in 2014

The European Legal Network on Asylum (ELENA) is a forum of legal practitioners who aim to promote the highest human rights standards for the treatment of refugees, asylum seekers and other persons in need of international protection in their daily individual counselling and advocacy work. The ELENA network is active in most European states and involves some 500 lawyers and legal counsellors.

New ELENA national coordinators In 2014, the ELENA Network welcomed new national coordinators in five countries: Kathrin Kessler in Austria, Oktay Durukan in Turkey, Miroslava Jelacic and Lena Petrovic in Serbia, Michael Williams and Tomas Fridh in Sweden and Ostap Tymchiy in Ukraine.

Information Provision and Exchange »» The ELENA Weekly Legal Update 34 ELENA legal updates have been published in 2014 to inform asylum lawyers, decision makers and judiciary of recent developments in the field of asylum law. The update covers asylum-related judgments of the European and domestic courts as well as asylum legal news and information across Europe. In 2014, the readership of the ELENA Weekly Legal Update has increased by over 200% in comparison with 2013.

ECRE/ELENA is grateful to the ELENA national coordinators and members from Austria, Belgium, the Czech Republic, Hungary, Germany, Ireland, the Netherlands, Nor- way, Portugal, Slovenia, Switzerland, the UK and Ukraine, who contributed to the ELENA Legal Update in 2013.

»» ELENA Network Information Exchange One of the main aims of the ELENA network is to facilitate the exchange of information among legal practitioners and as a result improve the protection of asylum seekers, refugees and displaced persons. The ELENA information exchange is facilitated by the ECRE Secretariat and the national coordinators across Europe. In 2014, the network provided information to legal practitioners in over 65 legal queries concerning various issues including: Dublin returns to Bulgaria, Cyprus, Italy and Malta; family reunification of asylum seekers from Syria; legal aid provision for asylum seekers and victims of human trafficking; argumentation in the cases of North Korean asylum seekers. The ELENA coordinators have been actively involved in training, litigation and legal aid across Europe. In May and October 2014, the ELENA coordinators attended the co-ordination meetings organised by the ECRE Secretariat, where they exchanged information on the national and Common European Asylum System legal developments. ELENA Training Courses ECRE/ELENA has been running specialist and introductory refugee law courses for over 25 years. The topics of the courses are selected by the annual meeting of ELENA coordinators in response to needs identified by practitioners. The courses are aimed at legal counsellors and lawyers from across Europe who are interested in defending cases concerning international protection.

In 2014, ECRE/ELENA held two successful advanced courses attended by over 200 practitioners: »» The Joint Advanced ELENA and the Hungarian Helsinki Committee Course on ‘Credibility assessment in asylum claims’, 5-7 May 2014, Madrid, Spain »» The Joint Advanced ELENA and Leiden Institute for Immigration Law Conference on the use of the EU Charter of Fundamental Rights in asylum and immigration law, 24 - 25 October 2014, Leiden, Netherlands

ECRE/ELENA is deeply grateful to all the experts who have lent their time to delivering these courses and colleagues at the Hungarian Helsinki Committee and Leiden Institute for Immigration Law for co-organising these events.

The activities of the ELENA network in 2013 were supported by the Fundamental Rights and Citizenship Programme of the European Union and UNHCR. ECRE Annual General Conference and UNHCR NGO Consultations

Check our hashtag on twitter #ECRE2014 In October 2014, around 100 representatives from the refugee-assisting community in Europe gathered in ECRE’s Annual General Conference in Brussels. The 2014 three day event in Brussels, included a one day UNHCR NGO Consultation, creating the space for European NGOs to raise issues, network and exchange views with UNHCR on asylum in Europe.

The AGC 2014 included a keynote speech by Professor Roger Zetter of the Refugee Studies Centre discussing “Forced Migration, Protection and Europe - Protection Space or Protection Denied”, a panel discussion on managing the reception crises in Europe and several workshops on a variety of topics including detention, ensuring safe and legal access to Europe, rescue at sea in the Mediterranean, and family reunification.

During the AGC, there was also the opportunity to exchange ideas regarding different projects: »» Erick Vloeberghs from Pharos presented the ‘Give us some time...’ project on supporting resettled refugees with psychosocial impairments. »» Leila Lohman from ORAM presented the training programme on Sexual and Gender Non-Conformity: What Refugee Professionals Need to Know and Do. »» Hélène Soupios-David from ECRE presented the project Right to Justice: Quality Legal Assistance for Unaccompanied Children. »» Laurent Aldenhof, presented the project Actors of Protection and the Application of the Internal Protection Alternative (APAIPA). »» Laurent Delbos, Forum réfugiés-Cosi presented their work on Special Support for Unaccompanied Children and Young Adults (18-21 year olds). ECRE’s Media Officer’s Network

ECRE has increasingly become an importantsource of information for journalists both through the the expertise of the secretariat in Brussels and the that of the the member organisations active in the field across Europe. As refugee routes in Europe unfold in a more complex way, the media often needs information from the ground, together with analysis in the European context. A strong network of media officers can assist media outlets across the globe to get access to these various sources and policy studies.

In May 2014, ECRE’s Media Officers’ Network (EMON) met in Brussels to strengthen their internal relationships, share best practices and streamline their campaigns and strategies. They participated in a series of workshops, co-organised by Domaid and The Danish Refugee Council, with the aim of improving online advocacy and social media presence, as well as media advocacy relating to refugee movements resulting from the Syrian conflict.

The training reinforced the joint efforts of ECRE members in the ‘Europe Act Now - #HelpSyriasRefugees’ campaign, resulting in more signatures to the petition ahead of the World Refugee Day. The establishment of stronger relationship between media officers in the ECRE membership also helped streamlining a common media strategy for the launch of the AIDA Report later in the year. ECRE Welcomes 3 new member organisations

In 2014, 3 new NGOs joined the ECRE network, from the UK, Croatia and one European organisation:

STAR (Student Action for Refugees) STAR is a charity of 13,000 students welcoming refugees to the UK by: ●● Volunteering at local refugee projects ●● Campaigning to improve the lives of refugees ●● Educating people about refugees and asylum ●● Fundraising to welcome refugees

Centre for Peace Studies (CPS) Centre for Peace Studies is a Croatian based NGO, established in 1999. The NGO is active in Croatia and in the broader Western Balkan region. Regarding their work with refugees and asylum seekers, CPS monitors the development of asylum policy and the policy towards irregular immigrants, by advocating for stronger integration policies before institutions and by directly helping and supporting asylum grantees in their integration.

Caritas Europa Caritas Europa is the network of Caritas organisations on the European continent. Caritas Europa has 49 members, present in 46 countries. Amidst recurrent flaws in the way EU Member States treat migrants, asylum seekers and refugees, Caritas Europa engages and tries to impact the EU-level debate on migration, resettlement, re-location schemes and EU border management, return and detention. Our members in 2014

Austria France Terre d’Asile Norway The Netherlands Asylkoordination Pour une Planète sans Frontieres (PUPSF) NOAS Dutch Council for Refugees Diakonie Refugee Service Norwegian Refugee Council UAF Georgia ICORN Pharos Azerbaijan United Nations Association of Georgia International Eurasia Press Fund Poland Turkey Germany Helsinki Foundation for Human Rights Helsinki Citizens’ Assembly Belgium Arbeiterwohlfahrt Mülteci-Der Flemish Refugee Action Der Partitätische Gesamtverband Portugal Belgian Refugee Council Caritas Germany Portuguese Refugee Council Ukraine German Red Cross Hebrew Immigrant Aid Society Bosnia and Herzegovina Pro Asyl Romania Foundation of Local Democracy Diaconia Germany Romanian National Council for Refugees United Kingdom Vaša prava BiH British Red Cross Greece Russian Federation Asylum Aid Bulgaria Greek Council for Refugees Memorial Human Rights Centre ILPA Bulgarian Helsinki Committee Aitima Serbia Freedom from Torture Bulgarian Red Cross Klimaka Embrace UK Grupa 484 Refugee Action Croatia Serbian Red Cross Hungary British Refugee Council Croatian Law Centre Asylum Protection Center Hungarian Helsinki Committee Refugee Studies Centre Centre for Peace Studies Belgrade Centre for Human Rights Menedék Scottish Refugee Council Cyprus Ireland Slovakia Regional Refugee Forum North East KISA Irish Refugee Council Slovak Humanitarian Council STAR (Student Action for Refugees) Future Worlds Center Italy Spain International Network Czech Republic Italian Council for Refugees ACCEM Amnesty International - EU OPU CEAR CCME-CEC Kosovo Rescate International Rescue Committee Denmark Civil Rights Program Kosovo Spanish Red Cross ICMC Danish Refugee Council IRCT Lithuania Sweden Estonia Jesuit Refugee Service - EU Lithuanian Red Cross Caritas Sweden Caritas Europa Estonian Human Rights Centre Swedish Red Cross Estonian Refugee Council Luxembourg ORAM Caritas Luxembourg Switzerland Finland Swiss Refugee Council Finnish Red Cross Malta Finnish Refugee Advice Centre aditus FYROM Jesuit Refugee Service Malta Macedonian Young Lawyers’ Association France Forum Réfugiés-Cosi ECRE Staff 2014

Laurent Anne Anissa Elona Azzam Sultan Michael Maria Ana Aldenhoff Bathily Ben Brahim Bokshi Daaboul Diedring Hennessy Lopez Fontal Fundraising Man- Senior Policy Garcia Policy Officer Web Editor and Secretary General Senior Legal Senior Press and ager and Project Officer Office Manager Graphic Designer Officer Public Information officer Officer

Elsa Marie Aspasia Kris Claire Evelyne Caoimhe Vianney Julia Lovato Papadopoulou Pollet Rimmer Quaid Rottiers Sheridan Stoll Zelvenska Project Assistant Senior Policy Senior Advocacy Senior Project Finance and Adminis- Training Officer Communication Senior Legal Officer Officer Officer tration Manager Officer Officer

Consultants: Louise Hélène Special thanks to all ECRE interns in 2014: Carr Soupios-David Amanda Taylor, Almaz Teffera, Maria Letizia Polizzi, Matthew Fraser, Membership Officer Project Officer Rita Carvalho, Silvia Cravesana, Kelly Farrow and Yashmine Moradi ECRE Finances 2014

Assets Liabilities Fixed Assets 2,416 Carry over from previous years -225,269 Deficit FY14 -8,918 Receivables 160,504 Liabilities 125,159 Cash and Bank 737,459 Prepaid income 829,820 Others 8.20% Other (cut off) 4,105 Accrued staff costs 181,122

Other debts 2,570 UNHCR 7.37%

TOTAL ASSETS 904,484 TOTAL LIABILITIES 904,484

Revenue Restricted income (projects) 961,915 Unrestricted funding 549,411 Members 15.64% Private foundations 38.95% Membership fees 182,846 Conferences 40,272 Other 9,548

Total Revenue 1,743,991

Expenditure Funding Sources Goods and services 869,464 Staff costs 854,894 Private foundations 38.95%

Asset depreciation 10,494 EC Projects 29.84% EC Projects 29.84% Taxes 12,586 Members 15.64% Financial charges 5,472 UNHCR 7.37% Other 8.20% Total Expenditure 1,752,910

Surplus (-) / Deficit (-) -8,919 TOTAL 100.00% 39+301579 ECRE’s partners

In 2014 ECRE had the following core funding:

Strategic Partners:

Our work is also made possible through donations of various services and goods by several companies and organisa- 39+301579 tions. We kindly thank the following companies for their support: