“The European Council reaffirms the importance the Union and Member States attach to Absolute Respect of the Right to Seek Asylum1” … and offers … “Guarantees to those who seek protection in or access to
the 2 European Union ”
The ECRE Tampere Dossier
A Compilation of Non and Inter-Governmental Observations on the Special Meeting of the European Council on the Establishment of an Area of Freedom, Security and Justice, 15/16 October 1999, Tampere, Finland and a selection of Presentations made at the “ECRE EU Tampere Summit Parallel Meeting”
- June 2000 -
1 Presidency Conclusions, Tampere European Council – 15/16 October 1999, § 13 2 Presidency Conclusions, Tampere European Council – 15/16 October 1999, § 3 The ECRE Tampere Dossier Page 1
Table of Contents
* Foreword ...... 3-5
Chapter I : The Road to Tampere
* Introduction ...... 6 * ECRE Note on the Special Meeting of the European Council on the Establishment of an Area of Freedom, Security and Justice, 15/16 October 1999, Tampere, Finland ...... 7-8 * ECRE Appeal to the Heads of State and Government of the EU in view of the Special Meeting of the European Council on the Establishment of an area of Freedom, Security and Justice, 15/16 October 1999; Tampere, Finland ...... 9 * ECRE Background Note to the ECRE Appeal ...... 10-14 * Setting the European Asylum Agenda : UNHCR Recommendations to The Tampere Summit – October 1999 ...... 15-21 * Comments by Amnesty International on the EU Extraordinary Summit of Tampere : “Establishing an Area of Freedom, Security and Justice” ...... 22-25
Chapter II – ECRE EU Tampere Summit Parallel Meeting
* Introduction ...... 26-27 * ECRE EU Tampere Summit Parallel Meeting – Final Program ...... 28-29 * ECRE Conference Statement ...... 30-31 * Contributions ...... 32-62 Mrs Tarja Halonen – Finnish Foreign Affairs Minister ...... 32 Mr Pierre Schori – Member of the European Parliament ...... 33-36 Mr Raymond Hall – UNHCR Regional Representative in Brussels ...... 36-39 Mrs Clara Odofin – Legal Officer – ECRE ...... 39-41 Mrs Kristina Stenman – Director Finnish Refugee Advice Centre ...... 41-43 Mrs Katja Syvärinen – Member of the Finnish Parliament ...... 43-46 Mr Steve Edminster - Senior Policy Analyst - U.S. Committee for Refugees ...... 46-47 Mrs Areti Sianni – Integration Policy Officer – ECRE ...... 48-49 Mr Hannu Kyröläinen - Deputy Director-General for Political Affairs of the Finnish Ministry for Foreign Affairs ...... 50-52 Mr Alex Parisel – Director MSF Belgian Section ...... 53-57 Mrs Maria Teresa Gil-Bazo – Executive Officer - Amnesty International ...... 57-60 Mrs Fatima Galani – Peace Activist ...... 60-62 * “Protection Not Control” ECRE Press Release ...... 63
“Guarantees to those who seek protection in or access to the European Union” The ECRE Tampere Dossier Page 2
Chapter III : Summit, Conclusions and Observations
* Introduction ...... 64 * Presidency Conclusions ...... 65-77 * ECRE Observations on the Presidency Conclusions ...... 78-81 * UNHCR Observations on the Presidency Conclusions ...... 82-84
Acknowledgements
...... 85
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The crucial event of 1999 was the Special TAMPERE Meeting of the European Council on the Establishment of an area of Freedom, Security and Justice on 15-16 October at FOREWORD – FORWARD ! Tampere, Finland. In accordance with the Treaty of Amsterdam, Heads of State and Government of the European Union met ECRE, the European Council on in order to set forth objectives and Refugees and Exiles, is the umbrella priorities in the field of asylum and organisation for co-operation between migration. close to 70 non-governmental organisations concerned with refugees in The Summit offered both threats and 24 European countries. ECRE campaigns opportunities for the future direction of on behalf of its pan-European asylum policies. Would governments and membership for humane and fair asylum Heads of State fall back on the lowest policies. It also works towards common denominator approach, agreeing establishing the highest standards of with those asserting that the Refugee refugee protection and assistance in Convention is out of date, or be seen to Europe and promoting these good take a positive lead on refugee and practices. asylum issues at this critical event?
In the context of the above mandate, ECRE’s campaign culminated in the ECRE prepared for substantial action organisation of an ECRE EU Tampere over the course of 1999, a year which Summit Parallel Meeting, organised to promised to be decisive for the future take place during the Tampere Summit developments in the field of asylum and on 15 October 1999. The ECRE Parallel hoped for positive influence over these Meeting was attended by some 300 developments. To that end it devised a people and was well-covered by the campaign and published a document media. The strategic objective was to entitled ‘Guarding Standards - Shaping promote a more progressive, Europe- the Agenda’1. The overall aim was to wide approach to providing protection guard established standards and shape the and to enable a broad audience to take agenda of EU asylum and immigration part in reflections and discussions policy into the new millennium. designed to illustrate the potential in the EU for a more progressive and harmonised policy towards asylum seekers.
1 ‘Guarding Standards – Shaping the Agenda’ 2 (April 1999), which was published in When the Summit Conclusions came collaboration with the European Network out, ECRE broadly welcomed them, with Against Racism (ENAR) and the Migration the Finnish Prime Minister, Mr Policy Group (MPG), analyses the Amsterdam Lipponen, referring to ECRE’s position Treaty provisions on asylum, anti- discrimination and migration from a comprehensive and non-governmental perspective, and contains sixty-nine specific recommendations compiled in an ‘Alternative 2“Presidency Conclusions, Tampere European Action Plan’. Council 15 and 16 October 1999”,is included on pages 65-77 of this Dossier.
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both at the closing press conference3 as constituent parts live up to the promises well as at the European Parliament4. He made at Tampere, especially in light of quoted ECRE in stating that, “in many the commemoration of the 50 years of respects Tampere was a step away from existence of the Geneva Convention in Fortress Europe”. However, ECRE 2001. reaffirmed that it would need to remain vigilant as to the implementation of the In his speech at a conference in The Tampere Conclusions5. Hague on 6 April 2000, EU Commissioner for Justice and Home The Presidency Conclusions of the Affairs, Antonio Vitorino, stated: ‘ The Tampere European Council, affirmed that European Council of Tampere has the European Council “has agreed to provided us with the political guidance work towards establishing a Common needed to implement the obligations European Asylum System, based on the which are laid down in the Amsterdam full and inclusive application of the Treaty. It clearly stated that the area of Geneva Convention, thus ensuring that freedom, security and justice we are nobody is sent back to persecution, i.e. bound to develop according to art. 2 of maintaining the principle of non- the Treaty, should not be regarded as the refoulement”.6 Such statements are of exclusive preserve of the Union’s own crucial importance, considering past citizens. Our aim from now on is to trends in EU asylum policy suggesting develop a European Union which is open that the Refugee Convention is out of to those led justifiably to seek access in date and current restrictive and our territory, and which is able to potentially dangerous trends, such as the respond to humanitarian needs on the Action Plans of the High Level Working basis of solidarity. The cornerstones of Group on Asylum and Migration, which this policy with regard to protection will seem to be focused on control rather than be: the absolute respect of the right to protection. Though the Tampere Council seek asylum, a full and inclusive represented an encouraging start to the application of the Geneva Convention, development of refugee protection within maintaining the principle of non- the Union, it remains only that. ECRE refoulement and the development of and its member agencies will therefore be specific forms of protection, offering an watching events very closely and will appropriate status to any person in need strive to ensure that the EU and its of such protection’7.
3 Closing official Press Conference of the Finnish Moreover, the so-called “Scoreboard for EU Presidency on the Special Meeting of the monitoring the setting up of the Area of European Council on the Establishment of an Freedom, Security and Justice”, was area of Freedom, Security and Justice, Saturday introduced as “a first step in 16 October 1999. 4 Prime Minister Paavo Lipponen, President of implementing the guidelines of the the European Council, at the plenary session of extraordinary European Council of 8 the European Parliament in Strasbourg on Tampere” by Commissioner Vitorino . October 27, 1999. 5“Observations by the European Council on Refugees and Exiles on the Presidency 7 ‘Common European Asylum System’, speech by Conclusions of the Tampere European Council, Antonio Vitorino, European Commissioner for 15 and 16 October 1999”, is included on pages Justice and Home Affairs at a conference on a 78-81 of this Dossier. new Aliens Act, Hague, 6 April 2000. 6 Presidency Conclusions Tampere European 8 Justice and Home Affairs Council of 27 March Council 15/16 October 1999, 6 13. 2000.
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ECRE is pleased to note that there is an Finally, the lessons of the holocaust that apparent interest from the Commission led to the Universal Declaration of not to loose the positive political Human Rights, the Refugee Convention momentum generated at Tampere. In this and the creation of the Council of light, it therefore seems to be the right Europe, also inspired the creation of the time for ECRE to fully support the European Union - a Union which is not Commission and remind all other only about the free market, the Euro or relevant actors in the EU asylum arena, in abolition of internal borders but which is particular the governments of the 15 rooted in the ideals of peace, justice and Member States of the EU of the the absence of conflict in Europe. The obligations they have undertaken at refugee agencies of Europe with ECRE Tampere. But this is not all that the as their network and their common voice “ECRE Tampere Dossier” is about. It will continue to remind Europe’s also includes many important reflections governments and the European Union, made at the ECRE EU Tampere Parallel most prominently now after the Tampere Summit on key asylum issues. These Summit, of these ideals. Where those reflections are still very valuable ideals are lacking or cannot be achieved, contributions to the debate on how to take where prevention does not work and Tampere further. human rights abuses continue in the world, people are forced to flee and The ECRE Tampere Dossier is published suddenly become refugees. European in 2000, a year that can be seen as a Union Member States must then at least ‘bridge’ in asylum developments. It links protect and care for the refugees, 1999, the Amsterdam Treaty and the according to their international legal Tampere EU Summit to 2001, which will obligations as signatories to the Refugee see the 50th anniversary of the 1951 Convention. Tampere reminded Refugee Convention and the next EU governments of this responsibility in Summit, which will cover asylum and stating explicitly and unambiguously that migration issues. ECRE is publishing the there needs to be an “absolute respect of Tampere Dossier in 2000 on the one hand the right to seek asylum”, with to keep up the positive momentum “guarantees to those who seek created at Tampere and on the other, to protection in or access to the Union”. prepare the ground for the next EU Summit relating to asylum and migration, which will be held under the Belgian Presidency in Brussels in December Peer Baneke 2001. During that Summit the EU Heads ECRE General Secretary of Government and State and their Ministers of Foreign Affairs will take stock of the progress in the development of the EU asylum and migration policy. ECRE will organise a new ECRE Parallel Summit, again bringing together the key refugee protecting agencies and other interested parties from civil society from the EU and beyond, and all other relevant actors to be able to comment on the progress or lack thereof.
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Just before the Summit took place an ‘Appeal’12 was addressed to Prime Introduction Ministers and Ministers of Foreign Affairs highlighting three issues that ECRE believed were implicitly and explicitly at stake in Tampere. These
included the , the ‘The road to Tampere’ describes the Refugee Convention main written elements of the advocacy Regionalisation of Refugee Intake and the strategy that ECRE followed in relation Impact of Immigration Controls on the to the Special Meeting of the European Right to Seek Asylum. The ‘Appeal’, together with a ‘Background Note’13 also Council on the Establishment of an Area of Freedom, Security and Justice. In highlighted the voluntary commitments addition, it includes the UNHCR undertaken by Member States within the recommendations9 to the Tampere framework of the Justice and Home Summit and the Comments10 by Amnesty Affairs Council of the European Union and why these commitments should be International on the EU Extraordinary Summit of Tampere. honoured in practice.
Six months before the Tampere Summit took place, ECRE issued a note11 in which it asked European Union Heads of State and Government to reconfirm their commitment to the human rights principles on which the Union was founded, to show political leadership towards a truly harmonised, Europe-wide approach to refugee and asylum issues, and to demonstrate determination in achieving this goal.
12 “Appeal by the European council on Refugees and Exiles to the Heads of State and Government of the European Union in view of 9 “Setting the European Asylum Agenda : the Special Meeting of the European Council UNHCR Recommendations to the Tampere on the Establishment of an area of Freedom, Summit” (July 1999), is included on pages 15- Security and Justice, 15/16 October 1999, 21 of this Dossier. Tampere, Finland” (September 1999), is 10 Comments by Amnesty International on the included on page 9 of this Dossier. Tampere Summit (July 1999), is included on 13“Background Note to the Appeal by the pages 22-25 of this Dossier. European council on Refugees and Exiles to 11“Note by the European Council on Refugees the Heads of State and Government of the and Exiles on the Special Meeting of the European Union in view of the Special European Council on the Establishment of an Meeting of the European Council on the area of Freedom, Security and Justice, 15/16 Establishment of an area of Freedom, Security October 1999, Tampere, Finland” (May and Justice, 15/16 October 1999, Tampere, 1999), is included on pages 7-8 of this Finland” (September 1999), is included on Dossier. pages 10-14 of this Dossier.
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harmonisation process clearly founded on Note by the principles of refugee protection and European Council human rights standards. For a detailed on Refugees and Exiles analysis and recommendations ECRE on the Special Meeting of the refers to its document “Guarding European Council on the Standards - Shaping the Agenda” and its Establishment of an area of Alternative Action Plan for the implementation of the Treaty. Freedom, Security and Justice, 15/16 October 1999, ECRE stresses the Refugee Convention Tampere, Finland (Geneva, 1951) forms the basis for global refugee protection. Any EU asylum policy must be devised recognising the The European Council on Refugees and Refugee Convention as its legal Exiles (ECRE) is placing great hope on foundation. ECRE calls for a correct, inclusive and gender-sensitive the upcoming Special Meeting of the European Council on the Establishment interpretation of the Refugee of an area of Freedom, Security and Convention’s definition of who is a Justice, to be held in Tampere, Finland on refugee, as contained in article 1. ECRE October 15-16. The close to 70 European stresses that the Refugee Convention is still valid and relevant today, as it refugee assisting NGOs from 24 countries within and outside the contains provisions relating to rights European Union, gathered in ECRE, see granted to refugees, the possibility for the Tampere Summit as an opportunity prima facie determination, and provisions for European Heads of State and for when the need for refugee protection Government to reconfirm their ceases. Any harmonised approach to the commitments to the human rights interpretation of the Refugee Convention principles on which the Union is founded, should reflect international best practice to show political leadership towards a and follow the advice of UNHCR. Given truly harmonised, Europe-wide approach a correct interpretation of the Refugee to refugee and asylum issues, and to Convention, it may also be appropriate to demonstrate determination in achieving formulate a complementary refugee this goal. definition for situations not covered by ECRE hopes the Refugee Convention. that the Tampere Summit will result in ECRE feels that the Kosovo refugee a clear commitment from the Heads of disaster clearly demonstrates, on the one State to the Refugee Convention, the hand, the general public’s sense of European Convention on Human solidarity with regards to refugees, but on Rights and other international human the other hand, the inability of European rights instruments as the foundation governments to decide upon common, for European Union asylum policy, concerted action in refugee situations. and a clear commitment to interpret The results of harmonisation on asylum the Refugee Convention in a correct issues have clearly been insufficient in manner based on developments in the Maastricht Treaty era 1993-1999. human rights law. Therefore, ECRE sees the entry into force of the Amsterdam Treaty as a challenge and an historic opportunity to move The idea of a common European asylum forward in this area and to start a area, as reflected in the Dublin
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Convention, can only be applicable if an For a long time, ECRE has advocated an asylum-seeker can be assured of approach to asylum issues within the receiving similar standards of reception European Union, where policy areas such and following a similar asylum as human rights, humanitarian assistance, procedure, regardless of the Member conflict prevention and peace-keeping are State where the asylum application has integrated into policy making. Therefore, been lodged. Apart from common ECRE follows with great interest the standards of interpretation of the refugee developments in, and results of, the High definition, this means the adoption of Level Working Group on Asylum and legally binding measures concerning Migration. ECRE hopes to see a conditions for reception of asylum commitment from the Tampere seekers, and asylum procedures. These Summit to broader and more profound procedures must be designed so that they cooperation between various policy are fair and efficient, and hence enable sectors and the different pillars of the the asylum seeker to fully present his or Union, as a necessary prerequisite for a her claim. ECRE finds this issue truly proactive, human rights based, particularly acute in light of the future and comprehensive asylum policy. enlargement of the European Union. ECRE believes it is it possible over time ECRE stresses that the above goals to develop a single, EU asylum cannot be reached unless EU structures procedure. ECRE wishes that the mirror the commitments in substance. Tampere Summit recognises the The Amsterdam Treaty foresees a full necessary link between harmonised communitarisation of asylum matters. standards of reception and a ECRE urges Heads of State to commit harmonised asylum procedure and any themselves at the Tampere Summit to scheme related to the determination of place communitarisation of asylum the Member State responsible for issues on the agenda of the next Inter- examining an asylum claim. Governmental Conference on the reform of the European Union. ECRE recognizes that there are great differences amongst Member States concerning the extent to which they have 18 May 1999 so far received refugees on their territories. Responsibility sharing is an important issue, not because it directly improves refugee protection but because resolution of this issue would allow many other areas of harmonisation to progress in a far more positive atmosphere, and could prevent deterrent measures being imposed in future refugee crises. ECRE hopes to see a commitment from the Tampere Summit to the development, as soon as possible, of a regional agreement on responsibility sharing which demonstrably increases the capacity for refugee protection within the Union.
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Guarantee access to protection in the APPEAL European Union by the European Council on Refugees - Confirm that plans to ‘regionalise’ and Exiles refugee protection enhance the to the Heads of State and opportunity for refugees to find Government of the European protection, rather than act as a substitute for providing protection of Union refugees in the European Union. in view of the Special Meeting of the European Council on the Establishment of an area Apply immigration controls that of Freedom, Security and Justice, respect the right to seek asylum 15/16 October 1999, Tampere, - Confirm that immigration and asylum Finland. are distinct issues, and provide assurances that in any measures on irregular immigration, the right of and possibilities for those in need of The European Council on Refugees and protection to seek asylum in the Exiles (ECRE) urges the European European Union, is safeguarded. Council to “identify with Europe’s humanitarian tradition of affording protection to refugees and others in need of international protection”14, and calls September 1999 upon the Heads of State and Government to state explicitly that they commit themselves to:
Reaffirm the importance of the 1951 Geneva Refugee Convention
- Confirm that in further harmonisation of EU asylum policies to take as a starting point a full and inclusive application of the 1951 Convention refugee definition, thereby following the UNHCR’s guidelines.
14 ‘Guidelines for a European Migration and Asylum Strategy’ from the German Presidency to the Strategic Committee on Immigration, Frontiers and Asylum, Brussels, 23 June 1999
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restrictive manner, especially as the Background Note restrictions to the scope of the Refugee to the Convention are already built in by the Appeal by the European Council States which drafted it. ECRE, therefore, on Refugees and Exiles calls for a correct, inclusive and gender- to the Heads of State and sensitive interpretation of the Refugee Government of the Convention’s definition of who is a refugee, as contained in article 116. European Union in view of the ECRE appeals to the Tampere Summit to Special Meeting of the make a clear commitment to the Refugee European Council Convention, the European Convention on on the Human Rights and other international Establishment of an area of human rights instruments, taking into account relevant developments in human Freedom, Security and Justice, rights law17 as the foundation of a 15/16 October 1999, Tampere, European Union asylum policy. Finland. Complementary Protection
This note is intended as an explanation of ECRE believes that there is a case for the attached Appeal to the EU Heads of State and Government on the Tampere complementing the Refugee Convention Summit. It also covers some areas of by an instrument which covers those in concern for ECRE, which are not raised need of international protection who fall in the Appeal, but which are likely to be truly beyond a correctly purposive interpretation of the Refugee addressed by the Summit. The note also 18 highlights the voluntary commitments Convention . This should not be taken as entered into by Member States within the implicit approval of the current European framework of the Justice and Home practice of granting discretionary forms Affairs Council of the European Union, of protection instead of recognition of and why those commitments should be refugee status. honoured in practice. ECRE however believes it makes no The 1951 Convention relating to the sense for an instrument for the protection Status of Refugees of human rights to be interpreted in a restrictive manner, especially as the
ECRE agrees with the Council that the restrictions to the scope of the Refugee Convention are already built in by the Refugee Convention “will remain the 15 States which drafted it. ECRE, therefore, cornerstone of any EU asylum policy” . ECRE however believes it makes no calls for a correct, inclusive and gender- sense for an instrument for the protection sensitive interpretation of the Refugee of human rights to be interpreted in a 16 Note by the European Council on Refugees and Exiles on the Special Meeting of the 15 ‘Preparation of the European Council of European Council on the Establishment of an Tampere-Asylum and Immigration Issues’ area of Freedom, Security and Justice, 15/16 from the Finnish Presidency to the Strategic October 1999, Tampere, Finland, ECRE, May Committee on Immigration, Frontiers and 1999, page 1§ 3. Asylum, Brussels, 9 July 1999,10015/99, page 17 Id. 2, page 1, § 4. 5, § 16. 18 Id. 2, page 1, § 4.
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Convention’s definition of who is a ‘Regionalisation’ of refugee intake refugee, as contained in article 119. While it is true that the vast majority of ECRE appeals to the Tampere Summit to refugees seek refuge in neighbouring make a clear commitment to the Refugee countries within their region of origin, for Convention, the European Convention on some refugees neighbouring countries Human Rights and other international cannot provide durable protection or human rights instruments, taking into ensure their physical integrity. In the past account relevant developments in human several years and most recently during rights law20 as the foundation of a the crisis in Kosovo, we have witnessed European Union asylum policy. and continue to witness the inability of neighbouring States to ensure the safety Complementary Protection of all refugees and the inability to provide treatment in accordance with recognised ECRE believes that there is a case for basic human rights. It is wholly complementing the Refugee Convention understandable that a person who faces a by an instrument which covers those in risk of persecution or a threat to his/her need of international protection who fall life should seek protection in as secure an truly beyond a correctly purposive environment as possible. Furthermore, it interpretation of the Refugee is a reality of the modern world that Convention21. This should not be taken as refugee flight is sometimes more feasible implicit approval of the current European via an international flight than over land practice of granting discretionary forms routes. It is also a reality that someone at of protection instead of recognition of risk of persecution in another region may refugee status. have strong family or community ties in Europe. These facts should be recognised A complementary protection instrument by European politicians rather than should be drafted within the next two denied23. years along the lines of the 1969 Organisation of African Unity Refugee ECRE stresses that reception in the Convention and the 1984 Cartagena region should not be considered as a Declaration. A clear distinction must be substitute for providing protection in made between temporary protection and Europe, but should be viewed as a means complementary protection. The rights to enhance the opportunity for refugees to attached to complementary protection find protection. ECRE urges that should be comparable to those of the reception in the region should, as a Refugee Convention22. minimum, ensure the physical integrity and human rights of all persons received, and guarantee that such displaced persons are not forced into reception locations 24 19 Note by the European Council on Refugees against their will . ECRE fully shares and Exiles on the Special Meeting of the UNHCR’s views that “measures to European Council on the Establishment of an strengthen the protection capacities of area of Freedom, Security and Justice, 15/16 October 1999, Tampere, Finland, ECRE, May 1999, page 1§ 3. 23 Observations by the European Council on 20 Id. 2, page 1, § 4. Refugees and Exiles on the work of the High 21 Id. 2, page 1, § 4. Level Working Group on Asylum and 22 Guarding Standards-Shaping the Agenda Migration, ECRE, June 1999, page 2, § 6. Paper, ECRE, April 1999, page 12-13 24 Id. 6, page 2, § 7.
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countries in the region of origin do not insecurely on European territory. It is absolve EU Member States of their impossible for ECRE to verify this responsibility to fulfil their protection alternative explanation, as it is impossible obligations towards asylum- to estimate how many victims of torture seekers”,“nor should asylum-seekers and persecution have been prevented ever be returned to a region solely on the from seeking asylum in recent years26. ground that EU humanitarian aid has sponsored reception facilities to which It is therefore vital that with any they supposedly could have fled”25. measures taken at the EU level in order to control irregular migration, the EU must Combating irregular immigration make a clear distinction between (and its impact on the right to seek immigration control measures and the asylum) institution of asylum.
ECRE questions the extent to which push ECRE in this context agrees with the and pull factors acting upon global Council that generally spoken “the fight refugee and migratory movements can be against illegal immigration may not lead counteracted merely by border control, to undermining the functioning of the visa system, carriers sanctions, pre- asylum system”27 and that more boarding checks in countries of origin or specifically “the systems of immigration transit countries, etc. Many Council control applied by some Member States debates seemed to cling to the have to be consistent with the acquis assumption that more and better communautaire and compatible with deterrents are the only way forward – that one another. They must not infringe the the uncontrollable will ultimately be right to asylum and to family controlled. The Council’s analysis of reunification”28. illegal entry and trafficking of persons as growing problems of the 1990s is an Asylum seekers must be exempt from accurate one, but ECRE would argue that penalties for illegal entry. This exemption it is a problem to which European Union is guaranteed by Article 31 of the Geneva policies have contributed. For years, Convention, which recognised that the NGOs have warned about pushing people refugees who escaped Nazi persecution into clandestine and often life-threatening had relied on traffickers and illegal routes channels if all legal entry channels are (for example, Raoul Wallenberg or Oscar closed. It is the legitimate concern of States to control their borders, yet such 26 Observations by the European Council on control policies – if pursued in isolation – Refugees and Exiles on the Austrian can be counterproductive. Thus any Presidency of the European Union’s Strategy possible declining number of asylum Paper on immigration and asylum policy, ECRE, September 1998, page 3, § 9. applicants, may be explained not simply 27 ‘Preparation of the European Council of in terms of deterred fraudulent applicants, Tampere-Asylum and Immigration Issues’ but also in terms of genuine refugees from the Finnish Presidency to the Strategic forced to remain in their country of Committee on Immigration, Frontiers and origin, seek protection in other regions of Asylum, Brussels, 9 July 1999,10015/ 99, page 5, § 18. the world, or forced to hide illegally and 28 Guidelines for a European Migration and Asylum Strategy’ from the German 25 Setting the European asylum agenda: UNHCR Presidency to the Strategic Committee on recommendations to the Tampere Summit, Immigration, Frontiers and Asylum, Brussels, UNHCR, July 1999, page 5, § 29. 23 June 1999, 9547/99, page 6, § 17.
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Schindler, or those fishermen who for a in stone, but rather be taken as a starting fee ferried Jews to relative safety during point for further discussion with experts the War). Or in the Council’s own words from UNHCR and other inter-and non- “allowance must, however, be made for governmental organisations, in “Expert the specific situation of people in Meetings” and/or “Round Tables”, extreme need who seek the help of similar to the model used under the EU’ s criminal organisations to flee their First Pillar. The emphasis on country or conceal their identity”29. regionalisation of refugee protection in Indeed, to enter illegally implies nothing the Plans cannot in ECRE’s views in any about the credibility of an individual’s case absolve the EU of its own protection claim to need asylum. Therefore it is obligations. The Actions Plans should important that any measure taken to also be more specific about what combat irregular migration and implementation measures are envisaged trafficking in human beings makes a clear so as to make discussion meaningful and distinction between punishing the implementation successful. traffickers and protecting the victims (often refugees)30. Readmission agreements
High Level Working Group on Asylum In relation to the use of readmission and Migration agreements (or readmission clauses in other association agreements), ECRE The European Council on Refugees and wishes to repeat its concerns about the Exiles (ECRE) welcomes the return of asylum seekers on ‘safe third establishment of the High Level Working country’ grounds under the terms of such Group on Asylum and Migration as a agreements. These agreements usually potentially important step towards a more fail to provide sufficient safeguards to comprehensive, EU cross-pillar approach ensure that individuals will be protected to migration and asylum policy. from refoulement to their countries of However, ECRE considers that this origin, and a number of the countries potential will not be realised if the selected for initial consideration by the Working Group’s sole objective is to High Level Working Group on Asylum curb the arrival of ‘illegal’ migrants to and Migration should be recognised as the European Union and its approach to being far from safe. This should be its agenda is primarily control-oriented. acknowledged in the texts of the action As the Working Group’s mandate plans, and steps should be taken to ensure unambiguously relates to asylum, ECRE that readmission agreements are in line urges that its approach be protection- with States’ obligations under the 1951 oriented and human rights based31. Convention and other human rights instruments32. The Action Plans drawn up by the Working Group should not be seen as set
29 Id. 11, page 9, § 30. 30 Guarding Standards-Shaping the Agenda Paper, ECRE, April 1999, page 21 31 Observations by the European Council on 32 Observations by the European Council on Refugees and Exiles on the work of the High Refugees and Exiles on the Work of the High Level Working Group on Asylum and Level Working Group on Asylum and Migration, ECRE, June 1999, page 1, § 1. Migration, ECRE, June 1999, page 3, § 9
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Consultations with UNHCR and non- demographic and economic development governmental organizations over centuries”35.
In relation to asylum policy ECRE In that context ECRE also welcomes the believes the EU has a duty to consult Council’s firm statement that “Racism, with the guardian of the Refugee xenophobia and discrimination should Convention, UNHCR, and with relevant be resolutely combated in the economic, NGOs and to be transparent in its work. social, political and cultural fields, Transparency and consultation are vital to including the adoption of effective give effect to the stated commitment in legislation, so as to encourage people to Declaration 17 to the Amsterdam Treaty live together in peace and prosperity in to consult. ECRE therefore is happy to Europe”36. take note of the fact that the Council “sees a need, in framing and The quality of the notions of “freedom, implementing the European migration security and justice” within the EU is and asylum strategy, to take due account inevitably, and rightly, judged in part by of specialist know-how and give proper the EU’s response to the plight of consideration to the views of relevant refugees fleeing persecution. Yet within international organizations and of the Europe we see pressures to shape asylum social partners and non-governmental policy to accommodate nationalism and organizations, where their respective to weaken accepted international interests are effected. The UNHCR in protection standards in the name of particular will be consulted when greater ‘efficiency’ or the need to meet framing and implementing the parts of ‘new’ challenges. The EU must take the strategy relating to asylum policy”33. seriously the explicit commitment in the Amsterdam Treaty to form an asylum Concluding remarks: policy, which respects the Refugee Convention and the European ECRE believes that the Tampere Summit Convention on Human Rights. should aim for a direct and perceptible improvement in EU refugee protection arrangements and demonstrate ‘Union added value’34, otherwise there is no point to harmonisation of asylum policy. ECRE is reassured that “the European Council is aware of Europe’s position as a continent marked by migratory movements and (that it) highlights the crucial positive impact of immigration into Europe on the continent’s cultural,
33 Id. 11, page 5, § 11. 34 ‘Preparation of the European Council of Tampere-Asylum and Immigration Issues’ from the Finnish Presidency to the Strategic Committee on Immigration, Frontiers and Asylum, Brussels, 9 July 1999,10015/ 99, 35 Id. 11, page 2, § 3. page 3, § 8. 36 Id. 11, page 4, § 9.
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the world over. The significance of the future EU asylum standards and Setting the policy orientations go well beyond European Asylum Agenda: the European context - they are bound to influence the attitude of non-EU asylum countries. UNHCR recommendations to the Tampere Summit 3. In accordance with Declaration No. 17 to the Amsterdam Treaty, October 1999 UNHCR hopes to be fully associated with the preparation and subsequent implementation of the relevant parts of the EU migration and asylum strategy to be adopted at the Summit.
1. Introduction II. Implementing the Amsterdam 1. The Office of the United Nations Treaty provisions High Commissioner for Refugees (UNHCR) attaches great importance to 4. UNHCR hopes that the Tampere the convening of the European Council at Summit will mark the beginning of a Tampere in order to give impetus to the process resulting in the establishment establishment of an area of freedom, of a comprehensive, concerted and security and justice under the new outward-looking asylum and provisions of the Treaty on European migration strategy for the future - Union, as revised by the Amsterdam enlarged - European Union. The Treaty. The Summit should give priority various EU legislative instruments attention to the asylum issue as one of the and measures to be formulated important areas of justice and home during the next five years following affairs being subject to the entry into force of the “communitarization” or increasing Amsterdam Treaty must be cooperation among Member States developed within a strategic according to the relevant provisions of framework which takes account of the Amsterdam Treaty. their inter-relationship and relative importance and establishes the 2. UNHCR would like to see the sequence in which these instruments Tampere summit stake out the can best be prepared. In the view of political space within which a UNHCR, a coherent approach protection-based approach to asylum requires that common standards for can be anchored and the fundamental the application of substantive asylum rights of refugees and asylum- law be developed first, followed by seekers secured. This will require measures for the harmonisation of political will in face of current asylum procedures, complementary trends. In manifesting such resolve, protection schemes and temporary European States, which have protection arrangements. traditionally been in the forefront of refugee law development, would remain a positive example to follow
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5. Such an integrated strategy must 8. UNHCR calls on the Summit to keep a distinct focus on asylum commit itself to giving meaningful policy and its protection dimension substance to the asylum provisions of and ensure that asylum is preserved the Amsterdam Treaty. In as a legal concept and not implementing these provisions, the subordinated to the political, security danger of downward harmonization and socio-economic dimensions of should be avoided; there is a risk that migration policy. Asylum is a right the unanimity voting procedure may rooted in international human rights result in movement towards the standards, and not a political offer lowest common denominator unless subject to discretionary there is a strong commitment to work administrative measures, such as the by consensus and adopt standards establishment of admission quotas. which are in accordance with related international standards of refugee 6. The implementation of the asylum law. provisions of the Amsterdam Treaty should be aimed ultimately at the full 9. Moreover, difficulties of reaching harmonization of procedural and unanimous agreement may lead material asylum law. UNHCR calls Member States to empty the asylum on Member States to ensure that provisions of Amsterdam of future binding EU asylum meaningful substance and to limit instruments are in accordance with their contents to harmonisation of international refugee law and human procedural issues of interest to States rights law standards, such as those to the exclusion of substantive laid down in the 1951 Convention protection issues relating to the rights and its 1967 Protocol, as well as in of the refugee. Recently this the European Convention on Human potential loss of substance has been Rights, as stated in Article 6 and in evidence in discussions of the Article 63 of the Amsterdam Treaty. European Commission’s proposal on temporary protection. 7. In codifying the present set of soft law asylum instruments, the present weaknesses of these instruments - III. Towards a Harmonised EU which have led to problems in their Asylum Policy implementation - need to be revisited with a view to adopting remedial 10. EU Member States have made measures and additional safeguards substantial efforts to harmonise their in order to render the future binding asylum policies and practices, but instruments truly protection-oriented. much remains to be done. A There is also a need to ensure harmonised European asylum policy coherence between the legal should, in UNHCR’s view, instruments to be developed under encompass the following five key Title IV, in order to avoid that elements: (i) a proper, common common measures in the areas of interpretation of the international immigration and border control definition of who is a refugee as impact negatively on the right to contained in the 1951 Convention; seek and enjoy asylum. (ii) accessible, fair and expeditious asylum procedures, complemented
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by new approaches to particular from an appropriate level of legal refugee situations (such as temporary security and socio-economic well- protection in cases of sudden and being derived from a status granted large-scale influx); (iii) proper in accordance with objective criteria sharing of responsibility for and not on the basis of administrative receiving asylum-seekers without discretion. EU Member States, in shifting the burden to those least able determining needs for to accept such responsibility; (iv) complementary protection are appropriate systems and procedures encouraged to consider how best to for effecting the return of persons not draw upon UNHCR’s expertise in in need of international protection; protection matters, taking due and (v) a preventive policy to account of both the Office’s address the human rights violations supervisory role under the 1951 and other causes of refugee flight Convention and of its mandated and forced displacement. activities.
11. In the view of UNHCR, a future EU 13. UNHCR generally favours the asylum policy should take as a adoption between States of starting point the full and inclusive agreements aimed at identifying the application of the 1951 Convention country responsible for examining an refugee definition. A future EU asylum request, as such agreements instrument aimed at harmonizing the may help to avoid the problem of application of the refugee definition “refugees in orbit” and provide should acknowledge that asylum guarantees that an asylum request claims resulting from persecution by will be examined in substance by one third parties come within the ambit of the contracting parties. UNHCR of the 1951 Convention, and that the therefore has welcomed the entry essential criterion for extending into force of the Dublin Convention, international protection is the risk of provided its application is governed serious harm befalling the person - by fair and transparent procedures the presence of a well-founded fear and due respect of protection of persecution - irrespective of the principles, such as the protection of agent of persecution. Those who the family unit. fulfil the criteria for refugee status under the 1951 Convention should 14. A transposition of the present Dublin enjoy the full set of rights contained mechanism in an EU legal in that Convention and not be given a instrument as foreseen by the second-class form of subsidiary Amsterdam Treaty needs to be protection as a substitute. conditioned on the maintenance of an agreed set of criteria to allocate 12. UNHCR accepts the rationale for responsibility for the examination of developing - and harmonizing - an asylum application in order to complementary forms of protection guarantee access to the asylum to cover protection needs which procedure in one of the EU Member cannot be addressed by a proper States. Such a new mechanism application of the 1951 Convention. should also provide for a Every person determined to be in humanitarian clause in order to avoid need of protection should benefit separation of family members or
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other situations impacting negatively 18. A future common asylum system in the protection needs of asylum- the EU should result in a seekers as a result of a strict streamlining and simplifying of application of the allocation criteria. procedures - this being in the interest of asylum-seekers and the authorities 15. Harmonization of the criteria and alike. The speeding up of the procedures for the determination of processing of asylum claims can be refugee status can positively achieved by, inter alia, a streamlining influence the fair and equitable of the appeal procedure. A well- application of the “Dublin” resourced, fair and efficient first mechanism and ensure non- instance determination procedure discriminatory treatment of all may provide quicker results and, asylum applications irrespective of consequently, ensure legal safety and the country determined to be material security for deserving responsible for the examination of applicants. By eliminating the claim. unnecessary delays, it may also provide less opportunity for misuse 16. UNHCR expects the Summit to and limit the risk that drawn-out reaffirm that fair and satisfactory procedures becomes in themselves a asylum procedures, based on pull factor. international standards of procedural asylum law, are a cornerstone of 19. UNHCR supports recourse to Member States asylum systems. temporary protection as a practical Such procedures serve the dual device which allows for a principled purpose of identifying those who response by States to an urgent need international protection and protection need in cases of sudden those who do not and can, in and large-scale influx of asylum- principle, be safely returned home. seekers displaced by war, mass UNHCR recommends that each expulsion or generalised violence. In Member State adopt a such cases it may be impractical to comprehensive procedure for apply individual status determination determining in a holistic way all procedures. UNHCR believes that it protection needs. should have a mandatory consultative role in any arrangements 17. UNHCR favours the adoption of a regarding the phasing in, review or single, unified asylum procedure in termination of temporary protection the EU in the medium-term. The regimes. Office sees this as a means to guarantee the effective 20. Temporary protection schemes harmonization of Member States’ should be distinguished clearly from asylum procedures and to resolve the complementary forms of protection, existing considerable differences the former being applicable in and exceptions which may result in situations of sudden and large-scale discriminatory treatment and influx, whereas the latter are to be encourage secondary movement of the result of individual status asylum-seekers. determination procedures. Temporary protection arrangements must not be conceived and
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implemented as an substitute for 23. A regional burden-sharing refugee protection under the 1951 mechanism should be Convention left to administrative comprehensively conceived to discretion, but rather as a variation of include action at the pre-departure admission and temporary refuge stage (prevention, emergency based on prima facie or group preparedness, political and determination of the need for military/peace-keeping action), international protection. through the influx (protection and assistance to refugees and displaced 21. Any future temporary protection persons), on to durable solutions coordination mechanism established (voluntary return, local integration, at EU level should include an or resettlement). agreement on standards of treatment for its beneficiaries, and not be 24. As with the implementation of a limited to procedural and successor instrument to the Dublin organizational matters only. UNHCR Convention, the fair and effective is strongly of the view that implementation of a burden-sharing beneficiaries of temporary protection mechanism would benefit from the need to be accorded a standard of harmonization of conditions for the rights which takes due account of the admission and standards of treatment fact that many of them meet all the of its beneficiaries. This can help to criteria for 1951 Convention status. avoid discriminatory treatment and subsequent secondary movements. 22. European asylum policy should be guided by the notions of international 25. In order to preserve the integrity of solidarity and burden- sharing. Any the asylum systems in EU Member future EU burden-sharing States, appropriate procedures for mechanism should be effecting the return of persons not in complementary to, not at the expense need of international protection need of, global burden-sharing efforts, to be developed, provided these such as contributing to UNHCR persons have been screened out programmes and providing for the through a formal refugee status resettlement of refugees. Account determination procedure which should be taken of the burden properly applies the refugee criteria. shouldered by countries in the Such return programmes can be immediate vicinity of the crisis promoted through the conclusion of region. While burden sharing can readmission agreements and help ensure respect for the basic readmission clauses in cooperation principles of refugee protection, it agreements. In so far these cannot be made a prerequisite to arrangements include also the return providing such protection. It should of asylum-seekers whose cases have also take due account of not been heard to third countries humanitarian factors, such as the where they could have found protection of the family unit or of protection, they must contain cultural considerations which may sufficient safeguards that the persons call for exceptions to the application returned can effectively seek asylum of distribution criteria. in those countries.
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26. The European asylum challenge 29. Measures to strengthen the cannot be addressed in Europe alone. protection capacities of countries in It is clearly in the interest of the region of origin do not absolve European States to situate their Member States of their responsibility asylum and migration policy within a to fulfil their protection obligations broader approach which addresses towards those who are seeking political, human rights and asylum on their territory. developmental issues in countries and regions of origin. Such a comprehensive approach to asylum IV. Concluding remarks and migration must encompass the entire continuum of forced 30. It is UNHCR’s strong belief that a population movements, from their future harmonised European asylum causes to their eventual solutions. policy must be firmly rooted in the Preventive action addressing human proper and inclusive application of rights violations and other causes of the 1951 Convention. The right to refugee flight and forced seek and enjoy asylum must be displacement is a key element of maintained as a human right and its such an approach. further development and enforcement in Europe should be 27. UNHCR supports efforts to move strengthened by the EU the asylum debate out of a harmonisation process. framework premised on restrictiveness and deterrence into 31. A comprehensive and forward- one which engages more looking asylum policy in Europe that constructive foreign policy respects international standards for initiatives. In the view of UNHCR refugee protection will be to the there are strong grounds to benefit of refugees, asylum-seekers institutionalise the inter-pillar and States alike. The implementation cooperation on migration and of the relevant provisions of the asylum issues that has recently been Amsterdam Treaty represent an tested in the work of the High Level important opportunity to achieve this Working Group on Migration and goal. Asylum. 32. An important factor in the process to 28. UNHCR hopes that sufficient harmonise asylum policy and attention will be given to the practice in the European Union is the protection dimension of the country future enlargement of the Union plans which have been developed by through the accession of candidate the High Level Working Group so countries in Central Europe. These far, as well as those to be designed countries need to be further assisted and implemented in future. in developing sustainable and Programmes for reception in the comprehensive asylum systems region, and/or return to countries of which meet the requirements of EU origin, need to be inspired by a membership as well as international number of protection principles such standards for the protection of the as physical safety, legal security and refugee. Preparations for future EU socio-economic well-being. membership are a unique opportunity
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to help these countries to adopt and implement the necessary legislative and administrative arrangements to develop the required institutional capacity, and, hence, to turn from transit countries for asylum-seekers into countries of destination for refugees.
23 July 1999
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that if a harmonisation process is to be Comments by undertaken at EU level, it shall not result Amnesty International in the lowest common denominator for on the refugee protection. Such harmonisation must be in compliance with international EU Extraordinary Summit of standards, so that maximum protection is Tampere : afforded to individuals in need of it. This “Establishing an Area of is of particular relevance, since measures Freedom, Security and Justice” adopted at EU level in the field of asylum will now be Regulations and Directives, and as such, legally binding for Member States. The precedence that EU asylum A European Council entirely devoted to provisions will take over national Justice and Home Affairs shall meet in th th legislation of Member States requires that Tampere on the 15 and 16 of October. measures in the field of asylum respect When the Heads of State and fully the international obligations of Government agree on the priority Member States under international objectives for the European Union (EU) refugee law and international human in order to achieve the aims set up in the rights law. Amsterdam Treaty, Amnesty International asks them to affirm that the harmonisation of asylum and 2. The 1951 UN Convention on the immigration matters at EU level does not Status of Refugees undermine international refugee and human rights law standards. In addition, Amnesty International asks the Heads of the organization urges that a clear State and Government to reaffirm their distinction be made between asylum and commitment to the UN Refugee immigration matters in order to ensure Convention, interpreted in a way that that immigration control is not achieved covers all forms of persecution, in order at the expense of the rights of refugees. to ensure that all individuals who fall within its scope are granted the protection that this instrument provides. In this 1. Harmonisation of asylum issues. regard, the UNHCR Handbook on criteria and procedures for determining refugee A mechanism for harmonisation on status, as well as the EXCOM substantive asylum issues has been set up conclusions, which reflect international at EU level by virtue of Title IV of the consensus, are binding on Governments Treaty Establishing the European when interpreting the UN Refugee Community (TEC). Its effective Convention. Other relevant human rights development is however challenged by treaties, such as the European Convention the actual mechanism established for its of Human Rights, the Convention implementation, namely, the adoption of Against Torture and the International only minimum standards, the existence of Covenant on Civil and Political Rights, a transitional period of five years in which develop and complement the which the unanimous voting rule shall protection accorded to refugees, must apply, and the possibility to “opt-out” for also be taken into consideration when the United Kingdom, Ireland and revising existing measures and adopting Denmark. Amnesty International asks the new ones in the field of asylum. Amnesty Heads of State and Government to affirm
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International asks that the present compliance with international human development of international human rights obligations. rights law is taken into account in a comprehensive manner when adopting Amnesty International asks the Heads of measures in the field of asylum, such as State and Government to affirm that the the harmonisation of the refugee establishment of complementary definition, or the scope of the prohibition protection regimes should in no case of refoulement. prevent individuals who fulfill the criteria set out in the UN Refugee Convention The determination of refugee status from having their refugee status requires the existence of fair and recognised. satisfactory procedures, in order to identify those in need of international protection. Such procedures must include 4. Temporary protection a fair hearing in reasonable time, independent and expert decision-making In emergency situations of mass influx, bodies, individualised and thorough temporary protection has been used by examination of claims (including several European States as a tool in order individual interviews), legal assistance to provide protection to specific and a suspensive right to appeal. categories of people without immediate recourse to individual refugee status determination procedures. Amnesty 3. Complementary protection International opposes the use of arrangements temporary protection regimes.
Having regard to the fact that certain Beneficiaries of a form of temporary individuals in need of international protection are generally given fewer protection may not fall within the scope rights than those granted refugee status of the UN Refugee Convention, Amnesty under the UN Refugee Convention. This International asks the Heads of State and raises serious issues regarding the ability Government to affirm that any additional, of governments to deprive individuals of complementary protection arrangements the rights that they are recognised under adopted by EU institutions implies the international refugee and human rights granting of protection for all individuals law. Most seriously, temporary protection who fall within the scope of human rights status can often be terminated by the host law provisions. This protection must be state much more easily than refugee effective and durable and it must include status. It is of concern that there is not legal security. international standard for the ending of temporary protection. The determination of which individuals are entitled to international protection Amnesty International asks the Heads of under complementary arrangements State and Government to affirm: requires individualised examination of claims in fair and satisfactory procedures. · that any regime of temporary The criteria for the granting of such protection must always be based on protection, as well as the rights the principle that international recognised to its beneficiaries must be protection is a human rights clearly determined and they must be in obligation under international human
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rights and refugee law and that such that a refugee must seek asylum in the regime should not deprive individuals first country whose territory he or she of accessing a refugee determination reaches. It is the country where a refugee procedure to exercise their legitimate applies for asylum which is obliged to right to an individual examination of consider the application substantively, their asylum claim. and when an asylum seeker has compelling reasons to remain, he or she · that a temporary protection regime should not be removed to another should be exceptional and this initial country. The establishment of any form of protection should be reception in the region mechanisms implemented only in emergency should not absolve EU States to perform situations of a sudden and mass their duties as asylum countries. influx, as clearly defined in consultation with international bodies Any concept of reception in the region including UNHCR. must take into account the international responsibility for the protection of refugees. Amnesty International asks the 5. The High Level Working Group Heads of State and Government to affirm on Asylum and Migration. that a regional approach to refugee and asylum matters does not undermine Amnesty International asks the Heads of efforts carried out at the international State and Government to affirm that the level for the protection of refugees comprehensive approach referred to in worldwide. the terms of reference of the High Level Working Group on Asylum and Migration (HLWG) is reflected in their 6. The role of the European Court Action Plans. The Action Plans should be of Justice protection-oriented, not only control- oriented for those who flee from human Due to the jurisdiction that Article 68 of rights abuses. Such protection must the Treaty Establishing the European always include the respect for the Community confers on the European principle of non-refoulement. Court of Justice (ECJ) regarding measures adopted under Title IV of the Amnesty International acknowledges that Treaty, it is foreseeable that the ECJ shall there has been an improvement in be called to rule in the future on matters transparency in the activities of the that involve, inter alia, the refugee HLWG and welcomes the involvement of definition, the visa regime, carriers’ UNHCR from an early stage of the sanctions, manifestly unfounded process. Amnesty International asks for applications, third country concepts, or further transparency, including full access the determination of the Member State to reports, as well as clarification of the responsible to examine an asylum sources used for the drafting of the application37. The ECJ shall have to Action Plans.
37 The position of Amnesty International on these The concept of reception in the region issues has already been collected in the should not undermine the right of an document of 21 May 1999 “Amnesty’s individual to seek and enjoy asylum. recommendations about the Commission’s International refugee law does not require Working paper ‘Towards Common Standards on Asylum Procedures’ (3 March 1999)”.
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interpret EU provisions in accordance with international human rights standards. Diverging international judicial resolutions arising between the ECJ and international treaty monitoring bodies may lead to serious conflicts of international obligations for Member States if it is not ensured that EU norms are in accordance with human rights provisions.
16 July 1999
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The Parallel Meeting was attended by Introduction some 300 people, of which one third are estimated to have been media representatives. ECRE members, human rights organisations, international press,
MEPs, academics, politicians, ECRE’s advocacy campaign, as government officials, refugee described in the previous chapter, representatives, local NGOs and culminated in the organisation of the members of the general public attended ECRE EU Tampere Summit Parallel the meeting. The presence of so many Meeting, which took place during the EU media representatives resulted in ECRE’s Tampere Summit on 15 October 199938- 39 position on the Tampere Summit and on . asylum policies in general to be very well-covered throughout Europe. At this Parallel Meeting, an ECRE 40 Statement was handed over by refugees from Kosovo to Tarja Halonen, then The ECRE Parallel Summit also showed Finnish Foreign Affairs Minister and the fundamental significance of listening currently President of Finland, stressing to the personal contributions and the need for a non-restrictive approach to objective comments made by refugees harmonisation of asylum policy and the themselves. Alongside the important role that the EU could play in theoretical contributions from experts, it transforming general commitments to is crucial to hear from the people who are human rights into concrete measures. In subject of all the discussions. Minoo her reply Mrs Halonen stressed that the Jalali, an immigration law practitioner in right to asylum is a cornerstone to an EU the UK and refugee from Iran, started her Area of Freedom, Security and Justice, speech at the ECRE EU Tampere Summit and that this right has to be safeguarded. Parallel Meeting by saying: ‘I’m the one She concluded her speech by thanking associated with criminals, terrorists, ECRE and all relevant NGOs for their economic and bogus migrants’. She then ‘important input in promoting a humane 41 went on to note the contradictions in the and fair asylum policy in Europe’. policies of many European States, e.g. they shorten the time limit within which
38 The Final Programme of the ECRE EU to lodge an appeal to a few days but they Tampere Summit Parallel Meeting is included take a year to reach a decision. Ms Jalali on pages 28-29 of this Dossier. felt that the crisis in Kosovo had changed 39 ECRE’s Press Release “Protection Not public support for refugees a little but Control”, on the outcome of the ECRE EU noted that refugee tragedies in e.g. Africa Tampere Summit Parallel Meeting is included on page 63 of this Dossier. did not receive the same sympathy, 40 ‘Conference statement of the European Council because ‘it’s further from home’. She on Refugees and Exiles appealing to the explained how difficult it is to live in Heads of State and Governments with a view insecurity and not being able to plan for to the EU Tampere Summit on the any future and expressed the hope that Establishment of an Area of Freedom, Security and Justice.’ ECRE biannual General some of the most restrictive practices Meeting Helsinki 14-17 October 1999, is would be changed. She highlighted as an included on pages 30-31 of this Dossier. example of restrictive practice the fact 41 Mrs Halonen’s speech is included on page 32 that airlines have assumed the role of of this Dossier.
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immigration officer and the problems for · The precedent setting impact of EU asylum seekers to obtain the necessary Asylum Policies on global refugee documents to flee their country and seek standards formulation46; asylum elsewhere. She offered a personal example: she herself had had to pay · The integration of refugees47; smugglers in order to flee her country but that did not make her a ‘bogus’ asylum · Combating root causes of forced seeker. She concluded by saying: migration48; ‘Democracy owes access to protection to people who fight for democracy in their · The potential and dangers of the work own countries’ BBC World Service of the High Level Working Group on transmitted their interviews with the Asylum and Migration49-50. 42 Afghani and Iranian speakers at the Meeting through Afghani World Service (reaching an estimated 25 million ECRE believes that the above Afghani nationals and refugees) and presentations are still very valuable Persian World Service (several million). contributions to the debate on how to take Tampere further. This debate however, should not be the prerogative of the key Many other important reflections were actors within the European Union made during the ECRE EU Tampere institutions only. ECRE feels it is equally Summit on key topical issues such as : important to involve representatives of expert NGOs, inter governmental · The development of comprehensive organisations such as UNHCR, EU asylum policies under the academics and the public, as well as Amsterdam Treaty and the role of the refugees themselves, as much as possible European Parliament, National in the debate. Parliaments and Civil Society in this process43;
· Harmonisation of EU Asylum Policies44;
· The regionalisation of refugee intake, and the impact of immigration control 46 Mr Edminster’s relevant speech is included on 45 on the right to seek asylum ; pages 46-47 of this Dossier. 47 Mrs Sianni’s relevant contribution is included on pages 48-49 of this Dossier. 48 Mr Parisel’s relevant speech is included on 42 Ms Fatima Galani, whose speech ‘Why being a pages 53-57 of this Dossier. woman is enough reason for asylum status: 49 Mr Kyröläinen and Ms Gil-Bazo’s relevant Women's situation in Afghanistan’ is included, speeches are included on pages 50-52, on pages 60-62 of this Dossier. respectively, 57-60 of this Dossier. Id.3. – Id. 43 Mr Schori and Mrs Syvärinen’s relevant 11. speeches are included on pages 33-36, 50 Mr Peter Mardsen (British Refugee Council) respectively 43-46 of this Dossier. Id. 11. analysis of the High Level Working Group’s 44 Mr Hall and Mrs Stenman’s relevant speeches Action Plan on Afghanistan, and Mr are included on pages 36-39, respectively 41- Thomas Uwer (WADI – Germany) analysis of 43 of this Dossier. the High Level Working Group’s Action Plan 45 Mrs Odofin’s article on this issue is contained on Irak, as presented at the Meeting, are on pages 39-41 of this Dossier. available from the ECRE EU Office.
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“ECRE EU TAMPERE SUMMIT PARALLEL MEETING – FINAL PROGRAMME”
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“ECRE EU TAMPERE SUMMIT PARALLEL MEETING – FINAL PROGRAMME”
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While we recognise the need to European Union address the root causes of forced and Asylum Policy migration the EU must keep a distinct Conference Statement of the focus on protection and ensure that European Council the institution of asylum is not on Refugees and Exiles subordinated to control measures. In Appealing to the Heads of particular, the EU should ensure that those fleeing their home countries State and Governments with a have physical access to protection in View to the EU Tampere its territory. Therefore, ECRE is Summit on the Establishment worried by the Action Plans proposed of an Area of Freedom, by the High Level Working Group on Security and Justice. Asylum and Migration with regard to the almost exclusive emphasis on « regionalisation » of refugee ECRE Biannual General Meeting protection and assistance and refusal Helsinki 14- 17 October 1999 of access to EU territory. There is an apparent contradiction between the description of the most severe human The European Council on Refugees rights violations in almost all of the and Exiles, representing 66 refugee- countries examined and the measures assisting Non Governmental which are proposed. ECRE calls upon Organisation working for the the EU to ensure that the protection of refugees in 24 countries comprehensive approach towards across Europe, is convinced that a asylum of the Hight Level Working European policy on asylum and Group is protection-oriented. refugees must be developed. The envisaged enlargement of the EU has to be taken into account when ECRE has observed that the governments agree in Tampere on the definition in the 1951 Refugee way the Treaty of Amsterdam will be Convention has been restricted in put into practice. Such European practice in many EU countries, even policy should be based on established in the protection of Kosovo refugees. international principles, especially We call upon the EU to re-affirm its the 1951 Refugee Convention, and on commitment to the application of the the best examples of existing national Refugee Convention. In drafting an practice. However, ECRE fears that instrument on the interpretation of the European Council may seek the the Convention, ECRE urges the EU lowest common denominator and to adopt the guidance of the UNHCR. transpose existing common positions developed over the last decade into EU instruments. Freedom, justice and ECRE is convinced of the need to security must be ensured not only to formulate an EU policy on citizens and residents of the Union complementary protection for those but also to those seeking asylum in who are clearly not covered by a our countries. correct and inclusive interpretation of the Refugee convention but who,
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nevertheless, cannot be returned to their home countries.
ECRE believes that the Dublin Convention must be reviewed, especially from the perspective of the right to family unity of asylum- seekers and refugees.
Mass arrival of refugees from a crisis area which, for a limited period of time, overwhelms an individual determination procedure may be addressed by temporary protection arrangements. Such measures must include a level of rights similar to those of Convention refugees on the basis of an EU agreement and must, anyhow, not prevent access to determination procedures prior to return.
ECRE calls upon the Heads of States and Governments to use the Tampere meeting as a unique opportunity to change fundamentally the restrictive and security-oriented approach of EU harmonisation efforts to date and to demonstrate the added value of the EU by transforming the commitment to human rights into concrete measures.
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establishing the Area of Freedom, ECRE EU Tampere Summit Security and Justice. A well-functioning, Parallel Meeting fair and efficient asylum system 15 October 1999 safeguarding the legal protection of asylum seekers is our common goal. Tarja Halonen
Finnish Foreign Affairs Minister I’m especially concerned by the persecution and violence that women
experience. Women and children are a
clear but too often an invisible
majority of the world’s refugee Ladies and Gentlemen, population. Their special needs while
seeking asylum have to be addressed as
you have stated in your position It is an honour for me to be able to papers. address your meeting. I salute your decision to convene here in Tampere simultaneously with the special meeting It is clear that asylum and migration are of the European Council. The European two distinct –although interlinked- Council on Refugees and Exiles with its phenomena which have to be dealt with 70 member organisations represents a and analysed separately. The distinction remarkable expertise on asylum policy. has to be reflected also in today’s
discussions.
The European Union is a community of shared values, where human rights are Migration policy must be based on among the guiding principles. The goal of respect for human rights. I would like to the European Council in Tampere is to mention, in particular, the need to take a step towards the Area of Freedom, guarantee the rights of the victims of Security and Justice based on our human traffickers. Tackling the root common values. Therefore this meeting causes of migration like poverty and offers an opportunity to confirm the injustice, will not undermine our respect for human rights. international commitment.
The principle of non-discrimination is at There is a continuous need for the core of human rights protection. international protection across the world. Fighting discrimination and combating The right to seek and enjoy asylum has to racism on the basis of the Treaty of be safeguarded. The European Union is Amsterdam should be further working towards this goal. I thank you strengthened in this meeting. for your important input in promoting a
humane and fair asylum policy in Europe.
Regarding international protection, the
Union is committed to the Geneva
Refugee Convention and other relevant human rights instruments. The right to seek asylum is an essential element in
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a series of new member states, an ECRE EU Tampere Summit opening which in turn represents new Parallel Meeting challenges, both for the EU and candidate 15 October 1999 countries. We will never achieve a successful enlargement without extending Pierre Schori the principles and laws of that same area of Freedom, Security and Justice in full Vice-President for Foreign and and to the whole of the new Union. This Security Policy of the Socialist means among other things that human Group in the European Parliament rights have to apply to all persons living in the Union, without any discrimination against anyone. If we succeed in this Dear Friends, historic endeavour, Europe will never be the same again, and it will be a better At long last the fundamental issues of Europe, where we can all breathe freer. common concerted action in refugee situations have come to the forefront in But the challenges are of course not only the European Union. The Tampere European, we are living in a world Summit might, we strongly hope so, severely divided between haves and become the turning point in a necessary have-nots, and also wired and not wired. systematic shift of our attitudes and To the dangers of creating a globe with policies regarding basic humanitarian economic and social apartheid we also issues that involve so many people inside risk the emergence of a technological and outside the EU. apartheid. The globalisation of our days, of deregulation and Internet, has brought The process started under the Austrian more growth and development than ever Presidency. For the first time migration before. But there is a manifest danger that and asylum questions were treated as a the same forces that promote progress priority matter in the long list of urgent also leave millions and millions of people matters to attend. The Austrian behind, on the side or even totally government courageously presented a separated from even the hope of a decent first draft of an EU strategy, which gave life. We have the latest UNDP Human rise to a heated debate. The German Development Report where those who presidency elaborated the texts, which only see the advantages of globalisation also became objects of intense can find the facts of this new, dramatic discussions. The simultaneous outbreak divide. And we have all heard World of the Kosovo disaster did not contribute Bank president Jim Wolfensohn’s to a more generous climate but the work warning: if nothing is done to reverse the went on. And today, we not only have the trend world poverty will be doubled in 30 Finnish Presidency’s proposals on our years. Today already the majority of our agenda but also a joint contribution from fellow human beings live in poverty and France, Germany and the UK. We have, a fifth of us, mostly women, in abject in other words, entered in a dynamic and poverty. formative phase, which has the ambitious task of turning the European Union into In the post-Cold ear, poverty is the main an area of Freedom, Security and Justice. enemy to peace, development and We are facing this huge challenge in a democracy and a major refugee- time when the EU is about to open up to producing factor. No arsenals will do, no
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nuclear arms race will give security in criteria for asylum status, necessary as this situation. You cannot shoot at they are. But as migration and its causes poverty, but poverty can shoot back at are globalised, we must also globalise our you. Therefore solidarity and security are policies and our ways of working. two faces of the same coin in today’s world, and therefore it is not only morally It may sound insignificant in this context outrageous but also politically mindless but I would like to say anyway that the when rich countries begin to cut down on reform we undertook in my sphere in international development aid. 1997 moving the responsibility of asylum and migration from the Ministry of The millennium shift might mean labour into the Swedish Ministry for champagne and fireworks for some, and Foreign Affairs and joining it with hopes for a better future for others, but International development Cooperation only for the great many of this earth the gave me, yes, a lot to do with two year 2000 is another bitter chalice. They ministerial hats and being deputy foreign would certainly be even more bitter when minister as well, but we thus not only they learn that the international underlined that migration and asylum community, mainly the EU, allocates 25 were trans-national matters but also part times more money per refugee from and parcel of a policy for international Kosovo than on one from Africa. solidarity. we could thus join regular refugee and asylum questions with But mind you, this is not only a third foreign aid, conflict prevention, programs world drama, it is also very much a for human rights and democracy, European dilemma. Not only has Europe reconstruction and return, all under one been a major refugee producing region ministry and one minister, in a over the last years- in 1998 40% of comprehensive approach. applicants in Europe were from Kosovo and Turkey – but there are also other During the Kosovo crisis I found how homegrown problems. The so-called new necessary such an integrated approach poverty is growing rather than receding was. When the first Council of Ministers within one of the world’s most powerful met after the outbreak of the war, it economic blocks: the number of happened to be the development homeless, the feminisation of poverty and ministers. there I advocated for fast and problems of poor single parent effective support to the refugees but also households, mass unemployment, the for burden-sharing and temporary enclavisation of the disadvantaged in protection, something that former socially and culturally sealed off commissioner Anita Gradin persistently neighbourhoods. Europe runs the risk of fought for but received no support. But having a permanently unemployed my colleagues said that this was the section of the population. And when we responsibility of the Justice and Home are facing these problems we can only Affairs Council. I then asked for an imagine the difficulties and tragedies in urgent meeting of my colleagues of my less developed nations. other hat, but now they said that this was a matter for the Foreign Ministers. We cannot therefore conduct a serious policy on migration and asylum in an As you can understand I therefore isolated fashion, by only creating laws strongly support the inter-pillar and rules for refugee reception and cooperation on migration and asylum
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issues that has recently been tested in the migration and asylum-seeking. But we work of the High Level Working Group. should do it, not by giving in to policy areas such as conflict prevention, chauvinism and gruel propaganda and poverty eradication, human rights and restricting our refugee policy in the democracy, humanitarian aid, peace- process and going soft on the dark and keeping should be integrated into a anti-democratic forces but instead by modern and efficient policy for migration challenging demagoguery and ignorance and asylum. at home and by conducting a comprehensive policy abroad against It is in this vein that I find the Swedish poverty and environmental destruction government’s suggestion of creating a and for democracy and development. common European information and analysis centre to be interesting. the And the same goes for the EU who must centre could also serve to combat false develop a policy of two parallel paths, statistics and increase knowledge and one of the harmonisation of asylum and understanding about the causes of reception systems and the other of the migration and exile. I would also like to ability to prevent and manage crisis see a migratory and asylum dimension situations. the Amsterdam treaty gives us integrated in Javier Solana’s secretariat. a historic opportunity to start a harmonisation process firmly based on But a policy cannot only be modern and principles of refugee protection and efficient, it must also be just and fair, human rights standards. here, of course, clear and credible and, not least, human any departure must start from the 1951 and compassionate. Geneva convention and continue with international best practice as we last month an advisor to a former modernise our legislation. Furthermore, it powerful European leader told the is not only advisable but also necessary International Herald Tribune that his and most useful to always follow the country’s foreign policy “these days is advice of UNHCR as well as to co- driven by a simple priority: to prevent operate as much as possible with relevant poor foreigners from swamping our NGOs. In Sweden this attitude has led to prosperous country. Given the dangers of fruitful cooperation in many practical right-wing extremism, the idea is to do situations, e.g. at the border where NGOs whatever necessary to keep would-be offer assistance to asylum-seekers. I immigrants from leaving their homes and know from hearings we have had in the heading this way”. European Parliament with especially Foreign Minister Tarja Halonen, that the Now, we all know hat has happened over Finnish government and presidency also the last weeks, months and years in follow this line. Europe. demagogues and racists try to win votes by invoking fear and distrust. It The European Parliament follows events is not only Austria and Germany, UK, in this area closely. Last week we France and Italy. We can see the ugly adopted a multi-party resolution where face of xenophobia and racism also in we underlined among other things the Norway and Denmark and my own following: country, Sweden. it is a serious problem, and of course we should do everything The implementation of the AFSJ must we can to root out the causes of forced seek not only to guarantee the security
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of persons, but also to foster individual resident immigrants playing a part in the rights, fundamental freedoms and economic development of their home democratic safeguards, displaying countries. the value of migrant open-mindedness and a spirit of remittances has been estimated to more tolerance: It calls therefore for than 70 billion US$. particular emphasis to be laid on: Let me finish by this remark: · action to combat discrimination; · involve NGOs and civil society; In these times of Haider and other · proceed in a spirit of transparency. demagogues it is probably a wise policy to underline that we demand respect for We also want the Tampere Summit to the asylum-seeker but that the asylum- urgently draw up a plan to combat and seeker must also respect our laws. But prevent crime, including specifically, the our laws need to be constantly reviewed trade in human beings; crimes against and revised when necessary. no children; racism and xenophobia; money legislator, no politician, not even a laundering; tax havens and terrorism. bleeding heart can foresee the problems and complexities of the nightmare that is We went on to state that we deem forced migration and exile. And above member states’ inertia in adopting all: seeking asylum is a human right, legislation to implement Article 18 of the maybe the ultimate human right for our EC Treaty – granting European citizens fellow human being. Let us together the personal, direct right to move and make that view prevail in our respective reside freely within EC territory – to be countries and the EU. unjustifiable. We consider it urgent, in order to facilitate the integration of Thank you! legally resident third-country nationals, for the EU to address the principles governing the status of such persons. ECRE EU Tampere Summit
I would add that it is vital that the 12 Parallel Meeting million people who are third-country 15 October 1999 nationals must be part of the free movement inside the Union and be given Raymond Hall the same rights and obligations as any other EU citizen. I would also add that UNHCR Regional Representative the economic, social and political in Brussels integration of immigrants in the EU member states is doubly important as it With the entry into to force of the affects both the countries to which they Amsterdam Treaty on 1 May of this year, have immigrated and their countries of the European Union entered a new phase origin. Following this argument it is in the harmonisation of asylum policies. important to strengthen the rights of third-country nationals on the labour From the point of view of UNHCR, this market, as they often end up in a process involves both opportunities and secondary labour market due to a dangers. We have reached a crucial consistent demand for cheap labour. Also moment with the Summit here in we can see the value of well-integrated Tampere, where European Heads of State
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and Government are expected to establish committing themselves to the highest the political guidelines which will frame standards of refugee protection. We have subsequent policy formulation and legal appealed to Governments maintain a development in relation to refugees and distinct focus on asylum and not to allow asylum-seekers under the Amsterdam it to be subordinated to migration policy. Treaty. For, unlike migrants, refugees move in search of protection. Equally New Opportunities or New Dangers? importantly, we have recalled that asylum must be upheld as a right rooted in The Tampere Summit offers an international law and not subjected to opportunity to ensure that the European political discretion. Union responds in a principled and coherent way to the challenge posed by We therefore expect Heads of State and refugees and asylum-seekers. It should Government meeting at Tampere to make give a much needed impetus to efforts to a strong political commitment to asylum. iron out very significant differences Without such a commitment, we fear between the asylum polices and laws of that the opportunity presented by the individual European States and to move Amsterdam Treaty may be lost. beyond an unacceptable situation where an individual may qualify as a refugee The asylum agenda under the 1951 Refugee Convention in one EU Member State but not in another. To make the most of the opportunities This would be a definite victory for offered by the Amsterdam Treaty, the refugee protection. European Union needs to take a strategic rather than a “laundry list” approach to But there is also a danger that the the development of asylum policy. European approach to harmonisation will UNHCR has suggested that this approach be based on a control perspective that, by should revolve around the following key closing borders and through a range of elements. other restrictive measures, will make protection increasingly difficult to obtain ¨ First and foremost, who is a refugee? for refugees. Over the recent years, UNHCR has raised with governments its Any coherent, protection-based asylum concern about the deterioration in the strategy must start with a common quality of protection of refugees. In an understanding of who it is that is in need increasing blurring of the distinction of protection and what the content and between refugees and ordinary migrants, legal basis of that protection will be. The people fleeing from persecution and cornerstone of a harmonised European requesting asylum are often perceived by asylum policy needs to be a common policy makers and public opinion as interpretation of the refugee definition merely seeking economic opportunities. contained in the 1951 Convention. In harmonising their policies, Member Contrary to the current practice of some States may be tempted to settle for the European States, that interpretation lowest common denominator of refugee should recognise all types of persecution, protection. This is the danger that must including persecution carried out by non- be laid to rest at Tampere. State agents and persecution that takes In the run up to the Summit, we have the form of sexual violence against urged States not to shy away from women.
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¨ Subsidiary forms of protection interests of States as well as in the interests of refugees. They guarantee that Not all victims of violence and conflict or refugees are duly recognised and provide other persons with a valid claim to a basis for States to return home those protection fall within the scope of the who do not require protection. 1951 Refugee Convention, even when it is properly applied. Many who are rightly In many parts of the European Union, or wrongly excluded from its application asylum procedures are in crisis. Problems currently lack adequate protection in a of capacity need to be urgently addressed. number of European States. UNHCR At the same time, UNHCR believes there therefore urges States to develop a is scope for shortening and streamlining common approach to subsidiary forms of the procedures themselves, particularly at protection. It would, however, be the appeal stage, while ensuring that unacceptable if such measures were to be fundamental safeguards are respected. little more than a pretext for granting a lesser degree of protection to victims of To achieve coherence, the European persecution who meet the criteria for Union must resolve considerable protection as Convention refugees. differences in procedural legislation and practice amongst the 15 Member States. ¨ Temporary protection At the least, harmonisation is needed to ensure that asylum seekers enjoy an equal Both 1951 Convention status and chance of obtaining protection complementary forms of protection are throughout the Union - which is far from the result of individual status being currently the case. UNHCR would determination procedures which may be welcome a bolder step by the European difficult to apply in situations of large Union -- agreement on a common asylum scale influx. In such cases, UNHCR procedure. supports recourse to temporary protection as a practical device which allows States ¨ Comprehensive Approaches to respond to the protection needs of large numbers of asylum-seekers Finally, a common European asylum displaced by war and generalised system needs to address the causes of violence, without necessarily applying forced population displacement, in order individual procedures. The beneficiaries to prevent future outflows and contribute of temporary protection arrangements to an environment conducive to return must, however, be accorded a consistent and sustainable re-integration of refugees standard of rights throughout the EU, and displaced persons. Active which takes due account of the fact that promotion of respect for human rights, many of them fulfil all the criteria for reconciliation and reconstruction, as well recognition as refugees under the 1951 as long-term development aid are key Convention. elements in policies and strategies aimed at both prevention and durable solutions. ¨ Asylum procedures UNHCR has welcomed the Union’s effort to integrate constructive foreign Individual status determination policy initiatives and development co- procedures must remain at the heart of operation into a comprehensive approach European asylum systems. Fair and to refugee producing situations. We efficient asylum procedures are in the have co-operated closely with the EU’s
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High Level Working Group in European Union policies have formulating Action Plans on a number of contributed. For years, NGOs have refugee producing countries and regions. warned about pushing people into We insist, however, that the asylum and clandestine and often life-threatening protection dimension of the Action Plans channels if all legal entry channels are must be given due priority in the course closed. The right of States to control of their implementation. immigration, by controlling entry and enforcing borders, has never been It is in the hands of the European Union questioned. However, the dilemma and its Member States to ensure that the which should face European Union asylum-related provisions of the States is how to exercise their right to Amsterdam Treaty do not simply control immigration without infringing reinforce the restrictive trends of the the rights of asylum seekers and without 1990’s, but that they place refugee undermining EU asylum policies. ECRE protection on a proper footing in is concerned that enforcement of controls harmony with the aims of freedom, has come to dominate policy-making security and justice to which the within the European Union and that European Union aspires. It is crucial that initiatives taken or planned by Member the Tampere Summit give an States do not sufficiently discriminate unambiguous signal in this respect. between asylum seekers and other migrants, thereby failing to safeguard the rights of refugees to seek protection.
The right to leave one’s country and seek ECRE EU Tampere Summit protection is guaranteed by international Parallel Meeting law. Article 12 (2) of the International 15 October 1999 Covenant on Civil and Political Rights provides that everyone, including asylum Clara Odofin seekers, have the right to leave their own country, and Article 14 (1) of the Legal Officer Universal Declaration of Human Rights ECRE provides that “Everyone has the right to seek and to enjoy in other countries The Impact of Immigration Control on asylum from persecution”. However, the the Right to Seek Asylum51 current array of immigration control measures applied by EU States has Immigration and the trafficking of significantly curtailed the ability of migrants have become major issues on asylum seekers to exercise their rights. the agenda of European Union States. Illegal entry and trafficking of persons One weapon employed by the European are viewed as one of the growing Union in its ‘fight’ to control problems of the late 1990s, but ECRE immigration is a joint visa policy. would argue that it is a problem to which Member States need to urgently reassess the binding EU measures which have
51 This contribution was published as an article in been adopted in this area since September “The European Union and Refugees”; a 1995. It is a matter of serious concern special issue of Pakolainen (The Finnish that the present list of 101 countries, in Refugee Magazine) – October 1999 – Page several cases, ignores UNHCR's repeated 11
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plea for visas not to be imposed on logically be accompanied by countries in which there are civil wars, obligations upon Member States and generalised violence or widespread their delegated officials to extra- human rights violations which produce territorially receive asylum requests refugees and displaced persons. A visa and even to offer persons who need to policy is a legitimate tool for controlling flee without legal documents some immigration, but when it is directed assistance with exiting the country or against asylum seekers, it is in flagrant region of origin. Since in practice such contradiction with the principle of asylum assistance is almost impossible to and the above-mentioned international implement, we believe that the issue of human rights instruments. The problem externalising and 'exporting' border is obvious. Refugees, are, in many cases, control requires urgent unable to apply for a visa without putting reconsideration from a legal, themselves at serious risk. Even where democratic and refugee protection they are able to apply, whilst one can perspective. apply for a visa for reasons of business, study or tourism, it is a well-known fact Refugees attempting to board European- that one cannot apply on the ground of a bound flights from known refugee- need for protection. Denying asylum producing regions of the world will also seekers the means to enter a country of face checks on their documents and asylum legally not only logically forces ‘passenger profiling’ carried out by asylum seekers to resort to illegal and airline staff trained to detect fraudulent clandestine entry, but surely results in a passports and visas. Airlines, together certain number of persons in fear of with train, coach and shipping companies persecution being contained inside their (the U.K. is now proposing to extend countries of origin in breach of the sanctions to lorry companies) have been Universal Declaration of Human Rights. forced to take on an immigration role due to the imposition of fines by Member Furthermore, European Union States on carriers transporting passengers Member States have both exported who do not possess the necessary enforcement measures beyond the documentation for entry. It is impossible frontiers of the Union and ‘privatised’ to be precise about the number of enforcement through the refugees who are denied escape due to implementation of carriers’ sanctions. stringent checks by transport companies, Many EU governments currently send but clearly it represents an ever- immigration officers overseas in order increasing barrier. As was stated in the to enforce border controls extra- 1998 report, The Cost of Survival – The territorially, for example, through Trafficking of Refugees to the UK, 'gate checks' in foreign airports. Their everybody loses from the present actions are not held accountable to situation. “The carriers pay liability fines international law or to democratic and have to train their own staff as quasi- scrutiny. Although there are immigration officers; the government exceptions, most European States do spends many millions of pounds on an not extend their obligations to refugee international enforcement agenda which protection further than their national cannot (and should not) stop refugees frontiers. ECRE would argue that the from fleeing persecution; and the extension of border control beyond the refugees pay the highest price of all.” external borders of the EU should
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The result of such controls is that classified as ‘manifestly unfounded’ refugees are increasingly likely to have to solely for that reason. resort to illegal means of entry with the consequent high risks and costs of using In conclusion, the European Union’s traffickers. What appears to have been current ‘zero immigration’ and ‘zero lost in the debate on illegal migration is tolerance’ of illegal entry backed by the reality which forces refugees to flee enforcement controls threaten to in the first place – a reality of persecution undermine its own asylum policy and from which they are prepared to risk their violate the rights of asylum seekers lives in order to escape. Instead, the whose life may depend on finding response of the European Union to illegal protection. Restrictive migration control migration has been to expand the has exacerbated the problem of asylum enforcement agenda in order to tackle the seekers being forced to rely on traffickers ‘trafficking problem’ while at the same and the use of false documentation in time further tightening controls on order to exercise their right to seek borders. asylum. It is now critical that the European Union redresses the balance The 1951 Refugee Convention was between their obligations to the State (i.e. drafted in full recognition of the fact that border enforcement) with those to refugees who escaped Nazi persecution refugees. This will require the European had relied on traffickers and illegal Union to urgently take proactive routes. The actions of those such as initiatives that protect refugees from the Oskar Schindler and Raoul Wallenberg insurmountable barriers which are are well-known, as are their stories of currently being erected in the name of facilitating forged documents and illegal immigration control. border crossings. Article 31 (1) of the Refugee Convention explicitly recognises that some refugees will have no option but to use illegal means of entry, and ECRE EU Tampere Summit provides that States “shall not impose Parallel Meeting penalties” on refugees on this account. 15 October 1999 To enter illegally implies nothing about the credibility of an individual’s claim to Kristina Stenman need asylum, and efforts to assist asylum seekers entering illegally need to co-exist Director with efforts to control migrant Finnish Refugee Advice Centre trafficking. Therefore, it is important that any measure taken to combat irregular Founding Principles of a Single migration and trafficking in human European Asylum System beings makes a clear distinction between punishing the traffickers and protecting Article 63 of the Amsterdam Treaty sets the victims who are often refugees. Also, out an agenda for areas of harmonisation in accordance with Article 31, detention in the field of asylum. These areas should never be based solely upon an include determination of state asylum seeker’s illegal entry or irregular responsibility for asylum requests, setting residence on the territory and claims from up minimum standards for reception of irregular entrants should never be asylum seekers, for definition of the beneficiaries of protection, for asylum
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procedures, as well as mechanisms for What should the starting point and granting temporary protection and founding principles of such a system? responsibility sharing. The starting point for a harmonisation The Tampere Summit can show the process leading up to a single European political direction for how the asylum system must be the principles of harmonisation process of asylum policy refugee protection as set out in the 1951 will proceed: will Member States only Geneva Convention relating to the Status seek to set up minimum standards at the of Refugees. This means that Member lowest common denominator, or will the States commit themselves to a correct, European Council charge the full and inclusive application of the Commission and the Council to introduce refugee definition in the Refugee and implement a truly coherent, Convention, thereby following the protection-oriented asylum policy for the guidelines and advice of UNHCR. In the whole Union, where harmonisation at the drafting process of the Refugee level of best practice will take place? Convention, States have clearly put limits to the application of the Convention, with During the Maastricht era, the tendency the careful wording of the refugee of the European Union has been to seek definition in Article 1. It is in harmonisation at the level of lowest contradiction with international law for a common denominator, and actions have group of Signatory States to further been far more geared to limiting the restrict the scope of its application. number of asylum-seekers than to improving the quality of the asylum Full respect for the principle of non- regime in Member States. Therefore, the refoulement is at the core of the Refugee establishment of a Single Asylum Convention, and enshrined in the System which will improve refugee universal human right of seeking and protection in the Union requires a much enjoying asylum. Full respect of this more ambitious line of policy, set in a principle means that States have to clear human rights and refugee protection commit themselves to fair and efficient framework. It also requires significant procedures for determining refugee reform in many individual Member status, and hence, whom is to benefit States, eg. regarding reception conditions, from non-refoulement and other rights of asylum procedures and legal aid. a refugee. The purpose of the asylum procedure is to establish whether an If the Heads of Member States choose asylum seeker is in need of protection. the more ambitious path, the Union may Therefore, decision-making bodies be able to create a common asylum should clearly be given this mandate, and system, and over time, a European they should not be driven by Asylum Area may emerge. In order for suspiciousness or needs to regulate such a system to be feasible, the migration. ECRE firmly believes that beneficiaries of protection, procedures for building up the capacity of decision- the granting of protection, the quality of making bodies in the first instance of the reception and the rights of those asylum procedure will contribute benefitting from protection must be significantly to quicker and more correct defined in a legally binding way and decision-making. On the other hand, the harmonised at the level of best practice. asylum procedure must contain appropriate legal remedies and other legal
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safeguards, such as access to so far received refugees on their interpretation and legal assistance. territories. Unless Member States agree The principle of non-refoulement also has on a common approach to mass influx significance outside the scope of refugee situations, and on a formula for sharing protection, in general human rights law. of responsibility in such circumstances, Member States generally do not deport the development of other areas of the persons who might be subjected to severe Asylum System may be severely human rights abuses even if these persons hampered. But solidarity also means that may not fall under the terms of the Member States, in view of the Refugee Convention, or who would enlargement of the Union, actively seek otherwise face very difficult security to strengthen the capacity of Associated dangers or humanitarian problems. The States to also be full participants in the principles for the granting of protection common Asylum System. also to such persons is also an important area of harmonisation for the European The European Union is an important Union. It is ECRE´s belief that the actor in global refugee protection. beneficiaries of complementary Therefore, a progressive, protection- protection should enjoy equal rights as based common Asylum System as part refugees under the 1951 Convention. of the European Union´s human rights and humanitarian policy can form an Non-discrimination is a central principle example of good practice for refugee in refugee and human rights law, and protection universally. In the short clearly laid out in Article 13 of the term, the setting up of this system is a Amsterdam Treaty. Non-discrimination huge task for the European Union; in also involves an active responsibility for the long term, a functioning, Member States to introduce measures protection-based Single Asylum which hinder discrimination, eg. by System can become fairer and more proper integration of refugees. Ensuring efficient for refugees and Member asylum-seekers´ human rights in a non- States alike. discriminatory fashion is an important element of a Europe-wide asylum- system. Therefore, Member States should agree on a legally binding instrument ECRE EU Tampere Summit which covers common standards eg. Parallel Meeting regarding freedom of movement, right to 15 October 1999 social assistance, employment, education, healthcare, and the treatment of women Katja Syvärinen and children. Here, examples of best practice in various Member States should Member of the Finnish Parliament be used as a basis, not just meeting minimum standards.
Dear Participants of the Meeting, dear Finally, solidarity amongst Member Friends, States appears to be a necessary political precondition for the setting up of a Single The ECRE officials kindly asked for a Asylum System. There are great representative of the Grand Committee of differences amongst Member States the Finnish Parliament to give a concerning the extent to which they have presentation in this meeting. The
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Committee chose me to give this However, when the matter concerns the presentation. My name is Katja common foreign and security policy of Syvärinen, I am a first term MP and a the EU, the view of Parliament is member of the Grand Committee. I am expressed by the Foreign Affairs also a chairperson of the Advisory board Committee. for the development issues and also the chairperson of the Parliamentarians for So, the Grand Committee is the principle Global Action group in our parliament. EU affairs committee. Its primary task is to ensure that Parliament exerts and I was asked to give a brief introduction influence on EU decision-making and on how the Finnish parliament that parliamentary supervision is participates in the national preparation of effective therein. The Grand Committee European Union affairs. I would also like has 25 full members and 13 substitute to give you a view on how the Parliament members. The various political groups in has taken part in the preparation of the Parliament are represented in proportion Tampere extraordinary meeting of the to their strength. The current Chairman of European Council, especially on the the committee is Mr. Esko Aho who is immigration and asylum policy. also the leader of the major opposition party. There are provisions in the Finnish Constitution concerning the participation The Grand Committee considers the so- of Parliament in the national preparation called ”EU-affairs” and expresses the of decision-making at European level. view of Parliament with regard to these. EU-affairs are proposals for measures The constitution requires the Government concerning EU of a kind which concern to furnish Parliament with information issues falling within the competence of regarding matters within the EU. Parliament. Due to the principle of Government must also hear the views of accountability to Parliament, the view Parliament regarding matters on the expressed by the Grand committee on a agenda of the Union and must explain EU-affair is politically binding on the and justify the policies which it adopts Government. within the EU on various issues. It is a constitutional requirement that the As already noted, the Grand Committee Government and each individual Minister has the constitutional right to require and must enjoy the confidence of Parliament receive from the Government any in all of their activities. This principle of information on the preparation of any accountability to Parliament also applies issue relating to the European Union. to the activities of the government within This right forms the legal base both for the European Union. the hearing of Ministers on EU council meetings and for the provision of EU Detailed provisions on the scrutiny related reports and documents to the system are included in (Chapter 4 a of) Grand Committee which technically the Parliament Act. concern questions falling outside the The scrutiny of EU-affairs in Parliament formal competence of Parliament. has been entrusted to the Parliamentary committees. The view of Parliament The Grand committee has decided that it concerning the EU-affairs is usually wants information about every EU expressed by the grand committee. Council meeting, both in advance and ex
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post. Therefore, the Grand committee parliament is tightly knit to the decision- convenes – normally on Fridays – to hear making. In practise, however, we often Ministers´ statements regarding the issues face situations when the communications to be decided at the coming week´s come so late that it is impossible to meetings of the Council and Finland´s express views in time. In those situations policy on these issues. The members of the committee of course gives an angry Committee are provided in advance with note to the ministry in charge. the agenda of the meeting and with memoranda, prepared by the competent And now to the preparations of the ministry, detailing Finland´s position on Tampere Summit. the issues. In the 5th of August the government After the meeting of the EU Council, the brought up before Parliament a principle Grand Committee is provided with the memorandum on the preparations of the report of the meeting and it´s decisions. Tampere summit. It was sent to the This report is put on the agenda of the Grand Committee as well as to the next meeting of the committee where the Foreign Affairs Committee and two other same minister participates. specialized committees for information and further activities. (EU-) affairs are brought up before Parliament by means of a communication The Tampere Summit has been on the sent by the government to the Speaker of agenda of the Grand committee three Parliament. The proposal for the decision times during this autumn. The committee in question is annexed to the has heard minister of the interior affairs communication. On receipt of a Kari Häkämies, minister of justice communication of this kind, the Speaker Johannes Koskinen and in the meeting sends it to the grand committee for last Friday we heard the Prime Minister consideration. In addition, the Paavo Lipponen. communication is forwarded to one or more specialized committees of Along with the coming WTO-round the Parliament, within the competence of issues concerning the Tampere Summit which the matter falls. The task of the have had the greatest interest of our specialized committees is to deliver an Committee. opinion on the communication to the Grand Committee. After examining the Immigration and asylum questions have EU decision proposal, the communication become more significant and apparent. of the Government on the proposal and The aim of Tampere Summit, as you the opinions of the specialised know, is to create an integrated and committees, the Grand Committee coherent cross-pillar policy for enlarging expresses the view of Parliament union. regarding the proposal. Before doing so, the Grand Committee may also hear the The Grand Committee has supported a competent Minister together with the comprehensive approach to migration civil servants and other experts who and asylum policy. We have also stressed advise the Minister. that the foundation of a European asylum This is how the model has to work. As a policy must be the Geneva Refugee member of the parliament I find it Convention and its obligations - in order valuable that we have a system where the to secure the rights of the refugees.
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The High Level Immigration and Asylum Working Group (HLWG) is a Union – ECRE EU Tampere Summit level attempt to apply a comprehensive, Parallel Meeting cross-pillar approach to a 15 October 1999 multidimensional problem. With separate programmes on countries of origin and Steve Edminster transit countries, the aim is to tackle the reason behind migration and refugee Senior Policy Analyst fluxes on all three fronts covered by the U.S. Committee for Refugees EU pillars. All measures, from trade policy to development aid, should be used to help reduce the pressures of Dear Friends and Colleagues, emigration. Important components of the approach are also protection of all human I very much appreciate the chance to rights, support for democratisation and talk to you today to relate the views of alleviation of poverty. the U.S. Committee for Refugees (USCR) on what we think the outcome The Grand committee has found of the Tampere Summit should be. important that special attention is given Rather than focusing on the impact of to the fight against illegal immigration the Tampere Summit on asylum here and the rights and responsibilities of legal in Europe, I think it would be more immigrants. In this connection, however, useful for me to use the few minutes human rights and the fight against racism that I have to talk about the impact and xenophobia play a very important that decisions taken by European role. Union (EU) heads of state here today are likely to have on the institution of Also the role and the of the UNHCR has asylum in the rest of the world, been stressed, as well as the need for a particularly in the United States. more coherent development of cooperation in the international First, however, I would like to take a immigration and asylum policies as well moment to introduce my colleagues from as the cooperation with the NGO:s. the United States who have also travelled here to attend this shadow summit: Annie In general, the preparation of these Wilson with Lutheran Immigration and matters should be more transparent, and Refugee Services (LIRS); Karen Musalo an open dialogue with human rights with the American Immigration Lawyers organisations should be a natural part of Association (AILA); Carol Wolchok with preparatory work. the American Bar Association (ABA); and Frank Lipiner with the Hebrew I thank you for this opportunity to speak Immigrant Aid Society (HIAS). here on a forum I find the most valuable. I wish the very best and look forward to a We all work in different capacities in the fruitful cooperation between the asylum and refugee field in the United parliaments and the NGOs in these States. Some of us are practitioners, issues. others of us are involved with issues of asylum and refugee policy. We represent diverse viewpoints and do not always
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agree on the issues. In making this third country law that is even more far- statement, I speak only on behalf of the reaching than many of the safe third U.S. Committee for Refugees. country laws on the law books in individual European countries. But a common concern has brought us Fortunately, the law has not yet entered together here in Finland today-namely, into force because it requires the U.S. what happens here in Europe affects government to negotiate readmission refugees and asylum seekers in the agreements to implement it, which the United States. What the EU heads of state U.S. has yet to do. decide here in Tampere and the future course that they chart in implementing Finally, I want to mention the Puebla the Amsterdam Treaty are likely to have Process, which was initiated between the a significant impact on policy decisions U.S. and Central American governments on asylum in the United States and to deal with issues of irregular migration elsewhere. from a regional perspective. Sound familiar? It should. Like the European I can say this with some confidence approach to the Kurds seeking to enter because the European influence on our Italy and Greece in early 1998, or approach to asylum issues has certainly Germany's approach in the early 1990s to been evident thus far in the 1990s. Here dealing with transit migration through are several examples. Poland and the Czech Republic, U.S.- Central American cooperation on In 1996, the United States passed a new migration has focused far more on law that calls for the expedited removal preventing unauthorized migration than of insufficiently documented foreigners, on safeguarding the rights of refugees. including the asylum seekers among them. Before being permitted to enter the So to answer the question put by the U.S. and apply for asylum, insufficiently chair on what the outcome of this documented asylum seekers must first summit should be, it should be to end demonstrate a credible fear of persecution the restrictive trend in asylum and in their home country in an interview reintroduce respect for refugee and with the U.S. Immigration and human rights principles. However, to Naturalization Service at their port of echo a previous speaker whose choice entry into the U.S. Those who do not pass of words I cannot improve upon, I the so-called credible fear test are subject remain hopeful but not optimistic. to deportation. This law was not a U.S. invention. Its precedent can be found in Thank you very much. Europe, in European accelerated procedures to remove "manifestly unfounded" asylum claims, which have been in force in many EU countries for some time.
My second example also comes from the same 1996 law that contained the expedited removal procedure. With that legislation, the U.S. also enacted a safe
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the future of not only refugee legal but ECRE EU Tampere Summit also social protection in the European Parallel Meeting Union. If refugee integration is "a matter 15 October 1999 of utmost importance" as described in the German Presidency's Guidelines for a Areti Sianni European migration strategy, if it is a goal we all subscribe to, what are the Integration Policy Officer basic requirements for realising such ECRE goal?
Like with ill health, there are two It might sound obvious but the first methods for dealing with refugee requirement for an effective policy on exclusion in the European Union: integration is the acknowledgement of the curative and preventive. Policy makers presence of refugees. This is not a truism can wait until the disease has struck, until to the extent that it is not always clear poor reception conditions, prejudice and who has a right to integration as a durable lack of specialist support have done their solution and who has not. In most EU work and refugees and their families have member states, a limited or even been marginalized through long periods restrictive interpretation of the 1951 of inaction (while waiting for status Convention has often resulted in low determination), through unemployment recognition rates and the granting of or living on low wages, through poor inferior legal statuses and limited socio- housing, lack of recognition of skills or economic rights to people fulfilling the social isolation. They can then try to cure criteria of the refugee Convention. And the illness or at least combat some of the although the Convention together with symptoms through paying benefits for the other international as well as national unemployed, and supporting those on low legal instruments can and have provided wages or without an income. an adequate framework for the integration of recognised refugees, their Or policy makers can try to prevent the efficacy has clearly depended upon the onset of the malady in the first place. proportion of asylum seekers whose They can ensure that all those in need of refugee status is recognised under the international protection are given the 1951 Convention and to whom asylum is opportunity to develop the skills and eventually granted. knowledge to compete effectively in the labour market; see that refugee children So, if the first prerequisite for an have the support necessary for their effective integration policy is the emotional and intellectual development acknowledgement of the presence of and well being, and provide a framework refugees then - the first challenge or for adaptation: refugee adaptation to the perhaps challenges for policy makers is lifestyle of the host society without a loss how to ensure that a correct interpretation of cultural identity as well as institutional of the refugee definition is consistently adaptation in individual countries to implemented and that the question of the reflect population changes and the status and rights of people with a permanent presence of refugees in the complementary protection status is midst of European societies. addressed as a matter of priority under The Tampere Summit provides a historic the Amsterdam Treaty. opportunity for setting the direction for
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The second basic requirement for an being available for activities which integration policy is the recognition of empower refugees as social actors in the permanent and positive character of countries of asylum and enable them to the refugees’ presence in European become self-sufficient and independent. societies. Over the last few years, Given the impending EU enlargement, initiatives both at national and EU level this is a question which could not only have sought to promote the values of refer to the EU but relate to potential cultural plurality, raise awareness of measures for the development of equality issues and promote co-operation integration initiatives in Central and in fighting racism and prejudice. Long- Eastern Europe. term, ongoing work might be necessary however, in order to change public Curative approaches to social llsi can be perceptions of refugees and highlight the politically unpopular. People often potential contributions refugees can make suspect that those who contract the to host societies. disease of exclusion have done so through their own fault. This is in most And here lies the second challenge. At a cases unfair but it does influence how time when political leaders are often refugees are publicly perceived. compelled to demonstrate energy and Preventive policies are not an easy determination to deal with to what they alternative. The pay off may be a long would perceive to be lenient procedures time in the future. They can be expensive. which render their countries a magnet for They also require new ways of working foreign influxes, how can we ensure that in terms of co-ordination of various refugees do not become the scapegoats of actors and development of joint public insecurities? How can calls for strategies. In addressing issues of tolerance, respect for diversity and refugee protection, the Tampere Summit equality be strengthened in the face of does have the option of being both rising asylum arrivals, negative public ambitious and brave. Ambitious in setting perceptions and national governments’ high standards of protection which reluctance to appear generous in dealing guarantee a humane response to refugee with forced migration flows? needs and brave in embracing cultural diversity and creating the conditions for a The third basic requirement for an new all-inclusive Union. effective integration policy is the recognition of the role refugees themselves have in the integration process. The day to day work of ECRE member agencies has often highlighted the importance of enabling refugees to use their own resources and skills to help each other and represent their interests and those of their family and community to decision makers.
At a time when EU institutions are considering future funding structures, a third challenge is how to ensure that ongoing financial support continues
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ECRE EU Tampere Summit Secondly, it has been recognized by the Parallel Meeting Group that asylum and migration are 15 October 1999 different from the legal point of view, but they are interrelated in the country of Hannu Kyröläinen origin as well as in the country of destination. Deficiencies in living Deputy Director-General for conditions, be they lack of security or Political Affairs of the lack of respect for human rights or Finnish Ministry unemployment, make people leave their for Foreign Affairs homes. But asylum seekers and migrants have something in common in their
country of destination as well. The status Let me at the outset thank the in the Union area of third country citizens organizers of this event for inviting me is of importance for both a refugee and an to make a presentation on the work of immigrant. Here I wish to refer, in the High Level Working Group on particular, to the need to intensify the Asylum and Migration. The issues to fight against racism, xenophobia and be dealt with here in Tampere deserve discrimination. public debate. The results of the work of the European Council should be In a strict sense it was not in the Group’s tangible for those who live in the area mandate to recommend measures to be of the European Union. taken in the EU area, but some of the measures proposed reflect an idea that the The General Affairs Council set up the development of the countries of origin Working Group in December 1998 and can also be promoted through the approved its mandate in January this voluntary return of well educated year. The mandate includes the drawing immigrants and that it is in our interest to up of action plans for six countries. The provide education and training . plans were to cover some dozen items from analysis of the political and human Thirdly, it was understood in the HLWG rights situation in a country to indicating that migration has both positive and the possibilities for cooperation with negative sides. inter-governmental, governmental and non-governmental organisations in the The High Level Working Group’s country in question. practical task was to establish a common, integrated, cross-pillar approach targeted There are some important premises for at the situation in the most important the HLWG. Though not written in the countries of origin of asylum-seekers and mandate, they are reflected in the report migrants. of the Working Group. The integrated, cross-pillar approach The first, and to my mind the most applied by the HLWG contrasts with a important premise, is that the institution pure control approach. What are the of asylum be respected. This should be novelties of the approach? and is self-evident, not least because the commitment of the European Union to First, through this cross-pillar approach the Geneva Convention is written in the the Union and its Member States are Amsterdam Treaty.
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trying to address the root causes of selected, one has to admit that migration and flight, and not only their cooperation may have its limits, because consequences. The root causes vary from all countries do not have a functioning direct physical threat to personal security central government or a government and abuse of human rights to extreme which can extend its control over the poverty that denies any positive national territory. perspective on life. In the work of the HLWG there has been Second, by this approach the Union and a fruitful dialogue between the Union and its Member States are making an effort to the UNHCR. And the UNHCR has not help people to stay in their homelands been the only partner in dialogue. The through improving their living IOM, the ICRC, Amnesty International, conditions. Of course, this can not the ECRE and others have been informed become an overriding objective of the of the work. They have been given an Union. It does not mean, for example, re- opportunity to express themselves on the directing the Union’s development issues dealt with in the Group. The policies. But it does mean recognizing Working Group has greatly benefited and acting upon the link between from this dialogue, and I believe that also development and migration. the Action Plans have benefited from it.
Third, it is an aim of the Union to use its It may be needless to say, but the instruments in a coherent way. Coherence intention of the Union has not been and is is something very much emphasized by not to try to commit these organizations the Amsterdam Treaty, and coherent to the results and recommendations. I cross-pillar action fits very well in believe that it is in the Union’s interest to asylum and migration issues. Coherent respect their independent role and their use of cross-pillar instruments does not right also to criticize our work when they imply that the Member States give up so wish. such measures as readmission or repatriation, the fight against illegal I am well aware that in this field, too, immigration or trafficking in human accepting basic principles is not enough, beings. They continue to have their place but the devil lies in details. That is why I in the approach. hope that the cooperation and dialogue between the Union and the UNHCR and The work of the HLWG is also a test of other institutions will continue when the the Union in the application of the implementation of the measures in the Amsterdam Treaty, which specifically Action Plans are elaborated. calls for greater consistency and coherence. Let me now briefly describe the main results of the efforts of the HLWG. The The fourth element that I would like to preparation of action plans is not yet a mention here is cooperation. The Union result. The real test comes with wishes to implement the Action Plans as implementation. much as possible in cooperation and dialogue with the countries concerned. The General Affairs Council confirmed The Action Plans are not something to be the selection of Afghanistan, Albania, imposed on countries. Of course, when Morocco, Somalia and Sri Lanka as looking at the list of the countries countries for which the Action Plans
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were to be prepared. The selection of The report of the HLWG, together with what the mandate called "most important the Action Plans, was approved by the countries of origin" was not done on a General Affairs Council on 11 October. statistical basis only. The Members States The Council instructed the Group, in were invited to present their views on the close association with the Commission, countries and, as always, the result was to go further to implement the plans and, some kind of compromise. as a next step after that, to consider proposals on drawing up new action The selected countries present different plans. types of political situation: in some of them the central government is either not In the Working Group there also was a in full control or does not exist at all, widely shared opinion that there is a while some others are stable. For some need to specify and elaborate the countries immigration is the central implementation of the measures as well feature, for others the search for as to clarify their financing. These go protection. hand in hand. In principle the implementation must be allocated to The Working Group decided to follow a the Commission, the Council or the uniform pattern in dealing with the Member States or any combination of country situations. As mandated, the these. Respectively, the Community Group describes the political, economic budget and the national budgets of the and human rights situation in each Member States are possible sources of country, reviews the relevant statistics finance. and proposes an analysis of the causes of migration and flight. As a basis for its It is thus obvious that the implementation recommendations the Group has also of the measures will take various paths. gone through existing Community and Consequently, it is important that the bilateral actions and measures, as well as implementation be monitored and measures of the UNHCR, IOM, ICRC evaluated by one organ in order to obtain and other inter-governmental a comprehensive picture of the results organisations. and usefulness of the Action Plans and the whole approach. Indeed, the Council At the end of each Plan come the requested the HLWG to carry out an recommended measures in three evaluation of the implementation. categories: (a) foreign policy, (b) development and economic cooperation As I said, the test of the Union’s and (c) migration. The HLWG has put integrated, cross-pillar approach to forward also its view on the preferred asylum and migration is not the drawing target date for initiating implementation up of action plans but implementing them and well as on which institution the properly. Results can not be expected to responsibility for implementation lies. appear quickly. The approach has to be There are altogether 114 measures in the maintained over a sufficiently long period Action Plans. Although the structure of of time. the reports is uniform, in the recommendations the specificity of the situation in each of the countries has been taken into account. The Plans are not an application of a Procrustean bed.
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work also brings us into contact with ECRE EU Tampere Summit other realities: people facing famine and Parallel Meeting the harsh living conditions that often go 15 October 1999 hand in hand with deadly diseases, and entire populations deprived of access to Alex Parisel basic health care or education.
Director MSF understands humanitarian aid as a MSF Belgian Section balance between assistance and protection. It is on the basis of our Mr Chairman, dear Colleagues, experience in trying to maintain this balance that we wish, on this occasion, to It is an honour for Médecins sans address three specific issues: Frontières (MSF) to be given the floor today and I wish to thank the · the need for a fully comprehensive European Council on Refugees and approach towards asylum and (ECRE) for giving us this opportunity. migration; I would like to express some views on · the final report of the HLWG; root causes of forced migration and · our hopes for the future. reflect briefly upon the final report of the High Level Working Group on 1. The need for a fully Asylum and Migration (HLWG) comprehensive approach towards containing action plans for five asylum and migration selected countries of origin and transit of asylum seekers and migrants. Working “here” and “there”, teaches us that certain push factors tend to act as the MSF is an international, independent, major trigger for migration and the search neutral and impartial organisation, mainly for asylum in Europe. This is nothing dedicated to medical emergencies and new. As early as 1992 the International rehabilitation issues. We are a field Organisation for Migration (IOM) stated organisation, operational in more than 70 that the push factors in the countries of countries worldwide, including countries origin have more weight than the pull including countries within our own factors in the receiving countries52. A European Union such as France, combination of violent conflict, poverty, Belgium, Italy or Spain. increasingly extreme inequalities between countries, the degradation of the When MSF first started working 28 years environment and world population ago, we were mainly involved with growth are all factors that encourage refugee crisis situations, bringing migration. Between 1989 and 1998 there humanitarian aid to refugee camps, as we were 61 major armed conflicts, more than did this year during the Kosovo crisis. one billion people are presently living in These kinds of interventions continue to extreme poverty and the income gap be a key component of our work in the between the richest 20% of the world’s field today. We are working on a daily population and the poorest 20% has more basis with refugees and the internally displaced fleeing their homes because of war, violent armed conflicts, oppression 52 IOM, Migration and Development: Report on or massive human rights violations. Our the Tenth IOM Seminar on Migration, 5-7, September 1992, Geneva.
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than doubled. There are no indications migration will have a positive impact on whatsoever that migration pressures will the destiny of large numbers of people diminish in the coming years. On the and on migration flows themselves. This contrary, present economic structures will means concentrating on concrete issues even reinforce the existing shocking such as fighting against the production disparities between north and south and and use of small arms and land-mines, push people to leave their countries. encouraging the development of international criminal law as well as the It is not a secret that the gap between International Criminal Court (ICC). It those who “have” and those who “have also means a stronger commitment to not” is growing every day. What I mean conflict prevention and field diplomacy is that while we take for granted access to This more global and realistic approach health care or education, this is not the means moving far beyond the present case for the people of Somalia, “Fortress Europe” defensive approach of Afghanistan, Iraq or Guinea, Sierra controlled borders against asylum seekers Leone or Congo. For example, AIDS, and migrants. which is causing 2.5 million deaths a year, is an epidemic mainly affecting Adopting a comprehensive approach poor people in the south: 95% of all HIV- towards asylum and migration has to be infected people live in developing done in a very concrete way in order to countries. In the west, thanks to the reinforce the protection of local availability of advanced medical populations within their own borders. It treatment, AIDS is becoming a disease will also have a much more positive with which an HIV-positive person will influence and benefit in the long term have to learn to live. In Africa the HIV- than the elaboration of a concept focusing positive man or woman will continue to exclusively on containment. die as a result. Consideration of such a comprehensive approach brings us straight to foreign It is encouraging to see that Member policy, development co-operation, States wish to develop an area of humanitarian aid and economics. freedom, security and justice within the Developing an effective asylum and European Union. At the same time it is migration policy based on human dignity striking to note that it is precisely the lack and humanitarian principles is a complex of freedom, security and justice beyond task. It calls for other present realities to the EU’s borders that push people be examined and their causes tackled. It deprived of their basic rights to migrate is clear that this goes far beyond the towards unfamiliar places. In fact, most opposing images of open or closed of them would prefer - if they could - to borders, multi-cultural idealism or remain at home and enjoy freedom, xenophobic clichés. security and justice there. 2. The High Level Working Group We feel that an area of freedom, security on Asylum and Migration and justice within the EU can only be realised if serious attention is paid to Along with many other organisations and encouraging and assisting the individuals, we welcome the development of these conditions in the establishment of the HLWG, and asylum seekers’ and migrants’ countries recognise that it has a real potential for of origin of. Tackling the root causes of
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developing a comprehensive, cross-pillar drought and food emergency alert for approach towards migration and asylum. central and south Somalia where it estimates that one million people are at The concern we wish to address is risk. The Somalia action plan does not whether this potential will really develop sufficiently stress the importance of these into a “root causes” approach or whether indications of a potential humanitarian it will fade away into nothing more than a drama. window-dressing exercise in placatory European politics. On the basis of the Another issue is the fast-changing draft action plans and other available situation in Somalia. This Somalia action documents, we fear the latter is more plan does not sufficiently emphasise the likely. I would like to give some fragility of the existing social dynamics. explanations about our doubts and will MSF experienced this fragility lately in illustrate them by focusing on the action Kismayo, where we have been working plan for Somalia, a country in which we in the city hospital for several years and have been present for nearly ten years. succeeded in gaining the confidence of the local authorities. In June this year, First of all, the HLWG’s method of after two years of stability, the city selecting countries raises questions in changed hands within the space of two itself. Why did the HLWG not consider hours. Medical staff and the local elaborating an action plan for a poor population group belonging to the former country such as Guinea where 55% of the clan in charge have been under heavy population has no access to health-care pressure ever since. After putting years of services and 62% are illiterate, and which effort into confidence building, the events hosts 400.000 refugees from Sierra Leone of June illustrate how quickly everything and Liberia? It seems that the selection of can fall apart. It inevitably raises the countries is based on rather Euro- questions about the capacity of the centric motives, which is regrettable. But HLWG for making adequate country as was said before, this is just a analyses and effective consequent beginning... recommendations.
As regards the situation in Somalia, we There is a lot to be said about the have to say that the action plan gives a recommendations formulated in the good analysis, although the information Somalia action plan. We have to point sources are not indicated and we regret out that the action plan is not a real mini- that the HLWG seems not to have made a Marshall Plan as was hoped for. In fact, field visit. Furthermore, some elements of the recommendations contained in its the situation that we consider to be of conclusions are comprised of a list of crucial importance are not addressed. ongoing possibilities varying from vague political measures that are difficult to One oversight is that neither the impact implement to concrete border-control of the spill-over of the Eritrea-Ethiopia measures that are certainly much easier to war into Somalia nor the alarming signs enforce. There are no indications of a forthcoming famine seem not to have whatsoever as to which approach will be been taken into consideration. In July given priority. Is there not a risk that 1999 the Somalia Aid Co-ordinating European Member States will pick up on Body (SACB), composed of donors, UN the containment recommendations first agencies and various NGOs, issued a and leave aside those dealing with the
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real root causes of migration, which are reception and protection capacities of much more difficult to implement? countries in the African region” focus on the concept of re-admission and regional A second element concerns the proposal containment. But there is no analysis of to make agreements or even, as it is that regional environment. What about stated, “arrangements” with the “de facto Kenya’s policy towards Somali refugees? leaders” in different regions of Somalia We should not forget that the Kenyan without, however, recognising these authorities closed their borders with regions. These arrangements would aim Somalia last summer to avoid a new to facilitate the return of unsuccessful influx of refugees. What kind of asylum seekers or illegal immigrants. agreement has Kenya signed at the MSF wonders whether this proposal has international level? Do we have taken into account the concerns expressed guarantees that the rights of refugees as in the UN Secretary-General’s latest formulated in international instruments report on the situation in Somalia. In his will be respected? Will we react as we report of 16 August 1999, Kofi Annan did in Albania, where the huge influx of warns that: “Somali faction leaders or refugees brought the risk that the existing warlords have not been ready to give up State and economy would be completely their personal interests for the sake of destabilised? It seems to us that there is a national reconciliation. The perpetuation need for caution in regard to any of the status quo had been more implementation of the measures profitable for them. External actors have envisaging the reception of returnees and involved themselves in initiatives that run we must keep in mind the real problems counter to the peace process undertaken in the region. by the Intergovernmental Authority on Development (IGAD). The proliferation 3. Hopes for the future of initiatives has encouraged the Somali faction leaders to continue to play an We are comfortable with some of the external actor against the order in order measures proposed in HLWG action to ensure that the status quo is plans and would wish to fully support maintained in the country.”53 them. I am referring to the arms embargo on Somalia, the continuation of efforts in In this respect, we must express our regard to mine awareness and surveys, concern at the risk of the peace process and the reinforcement of efforts aimed at being undermined if the EU does indeed peace-building measures and the conclude such “arrangements” with de reduction of conflict. We are also in facto leaders. Is the “return approach” favour of the measures aimed at bringing more valid, even if it reinforces the to trial the perpetrators of serious power of local forces, than building a violations of international humanitarian “one voice” approach aimed at law and of crimes against humanity, and encouraging the capacity of the state in a we support for the work carried out by more general sense? the UN High Commissioner for Human Rights. The practicality of some recommendations may also be But why should the EU limit its efforts to questioned. “Measures to address the measures linking five specific countries? Apart from the country-by-country 53 Report of the Secretary-General on the situation approach adopted by the HLWG, MSF in Somalia, S/1999/882, August 16, 1999.
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believes that EU Member States should responsibility to make efforts towards make more effort to address the global developing a protection-oriented issues that are related to the root causes asylum policy within the EU. This of migration. Here, we think of concerns should be a broadly inclusive and such as combating the production and use gender-sensitive interpretation of the of small arms and landmines, the 1951 Refugee Convention, an development of International criminal alternative protection status for law and access to drugs worldwide. There people in need of international are presently several international protection. It should make provision initiatives that deserve stronger support for a decent reception system based from all EU Member States. These are on humanitarian values and human concrete initiatives that already exist and dignity. were usually launched or backed up by members of the EU. I will limit myself to Thank you. four of them.
· The anti-personnel mine campaign has gained strength, but decisive ECRE EU Tampere Summit steps remain to be taken. The presence of mines in countries of Parallel Meeting origin is not a good incentive to stay 15 October 1999 or return; · The International Criminal Court has Maria Teresa Gil-Bazo been established and could become a major tool for putting an end to Executive Officer of Amnesty impunity, and a major focus in terms International-EU Association of the “freedom, security and justice” issues that would allow people to HLWG Action Plans: Assessment of remain at home; the Human Rights Dimension · Regulating the export of weapons
could drastically diminish levels of Good afternoon. Amnesty International violence throughout the world and has been asked to present to you an this should be seen in the light of the assessment of the human rights “small arm campaign” supported by dimension of the Action Plans prepared the UN and EU countries such as by the HLWG, which are today discussed Belgium; by the extraordinary European Summit in · Access to health and education could Tampere. be encouraged by increasing to 0.7%
the share of Member States’ GDP When the HLWG was created in allocated for countries outside “our December 1998, it was given the mandate
borders”. to elaborate Action Plans to address the root causes of migration from 6 particular If we want to be serious about root countries of origin of special concern for causes and not just “pretend” to be the EU, adopting for that purpose a interested, there are real concrete comprehensive, inter-pillar approach. In initiatives that could be taken. the minutes that will follow, we shall try However, addressing the root causes to raise some the most relevant issues does not absolve states of their relating to the human rights dimension in
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the Action Plans, with the goal to throughout the country (41). The Action introduce some elements for discussion. Plan on Iraq states that despite the fact We shall first explain why a that Iraq is a party to international human comprehensive approach to asylum issues rights treaties, the “human rights situation is needed and why it is essential that it is alarming” and that basic human rights includes a strategy to enhance human standards are not applied (13). It rights protection. We shall then assess continues to say that the regime has whether the Action Plans do or do not “effectively eliminated the civil rights to provide for such a strategy and why so, life, liberty and physical integrity”, inter and we shall elaborate on ways to alia. The Action Plan on Sri Lanka goes improve the deficiencies. further, as it states that the human rights situation is a cause for concern, and that It is common knowledge that one of the the internal conflict leading to human main causes for migration worldwide is rights abuses and flight may “constitute a the violation of human rights, which valid claim for asylum” (27). Such leads to flight and to the request for assessment is consistent with the human asylum in safe countries. It is necessary rights reports on the targeted countries to state that, as the HLWG itself elaborated by both UN bodies and recognised in its final report, asylum is a international organisations, such as separate subject to migration, based on Amnesty International. international obligations (4). In this regard, refugee issues must be given However, despite the above referred separate consideration when establishing analysis and the expressed wish to a plan to address the root causes of provide for a comprehensive approach, in migration, in order to ensure that our view, the Plans do not provide for a adequate protection for those who flee strategy to address effectively such human rights abuses is guaranteed. A human rights abuses. In fact, the comprehensive approach to the subject measures proposed are clearly will therefore have to address and imbalanced, with a strong weight given to provide for solutions to human rights measures devoted to prevent migration violations in countries of origin. into EU Member States. On the contrary, measures devoted to enhance human The Action Plans have undertaken an rights respect are unrealistic, and analysis of the human rights situation in therefore their implementation, as they countries of origin. Such analysis may be stand today, is not feasible, since they do defined as generally accurate, not include a detailed, concrete proposal notwithstanding the shortcomings that a to address human rights abuses and detailed critique would show, and which prevent further human rights violations. cannot be developed at this moment, as it would exceed the scope of our Two major shortcomings can be pointed presentation today. In fact, the Action out: Plan on Afghanistan states that the human right situation in the country is 1. The lack of effective dialogue with the “extremely poor” (40) with serious countries tackled. human rights violations being committed 2. The vagueness of the measures by both parties in the conflict, which proposed, in terms of content, timing include extrajudicial killings, and a and financial implications. widespread use of the death penalty
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The HLWG states in its final report that But let us move further in our analysis: essential instruments of a coherent even in the presence of a constructive approach are dialogue and cooperation dialogue with countries of origin, would between the EU and the countries of the measures proposed by the Action origin (11). However, such dialogue and Plans be suitable to produce the desired cooperation does not seem to be in place outcome?. with the majority of the countries addressed. In fact, no EU Member States The measures proposed to address human recognises the Taliban Government, rights violations remain vague: they do which controls 90% of Afghan territory not include a detailed list of specific (84). In addition, all EC financed activities to be undertaken; often they do activities in Kabul were suspended on 18 not have real deadlines; and finally, the July 1998 (6) and UN personnel, which exact financial implications of their was evacuated in 1998 has not yet implementation remain unclear. returned (124). In the case of Somalia, diplomatic relations by Member States In relation to the content, most of the broke off when the central government measures are not concrete enough to fell in 1991 and have still not been re- allow for their proper implementation. established (46). In the absence of such The 2 measures that the Action Plan on necessary dialogue, it is difficult to see Iraq proposes for Iraq as a whole in the how the EU can influence an field of foreign policy are “continue to improvement in the internal situation of discuss the situation in Iraq and the those countries. Even more, in the case of possibility of EU initiative”, and countries that hold good relations with “encourage contacts with the Iraqi elites the EU, an effective action to address in the academic and cultural spheres and human rights violations must not cooperation between universities”. The necessarily be taken for granted. For Action Plan on Afghanistan includes instance, the Action Plan on Sri Lanka measures such as stressing “the states that the six EU Member States that importance of compliance with the have missions in Sri Lanka “enjoy an human rights treaties to which excellent working relationship” (17). Afghanistan is a signatory State” or to However, it also states that “the Sri urge “the parties in Afghanistan to Lankan Government has made it clear strictly observe their amnesty that it is not prepared to accept third party declarations”. These can hardly be mediation as part of any attempt to considered “actions” on the part of the resolve the conflict” (25). EU. More geared at improving the human rights situation are the measures It is therefore clear that a first step contained in the Action Plan on Somalia, towards an effective implementation of a which proposes actions such as “continue comprehensive approach to address the to assist and facilitate conflict resolution root causes of migration, and particularly and the peace process” (95 a); “continue human rights abuses, must be the to look for ways to find a political establishment of an effective dialogue solution in areas with unresolved aimed at cooperating with the country conflicts” (95. b); to “monitor and concerned in the development of an prevent human rights violations”; as well strategy to improve human rights respect. as the adoption of “measures to promote tolerance and the protection of minority rights” (95 k). Some of the measures
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contained in the Sri Lanka Action Plan give concrete deadlines, since stating that include “continue to look for ways to find actions are “ongoing” is not sufficient, a political solution”, or “continue to raise and it must determine clearly which human rights issues with the Sri Lankan bodies are responsible for developing the Government and through the appropriate strategy: to allocate responsibility within channels, with the LTTE”. the EU institutions and/or Member States In addition to the content, the financial is not sufficient. side of the actions remains most confusing. The proposed measures only A last point to make is the relation state whether there will or won’t be between human rights measures and financial implications for their immigration measures. Amnesty implementation, but no assessment of the International is concerned that the amount required is made. In some cases, implementation of the measures aimed at the action is said to have financial controlling migration in absence of an implications but no budget line is improvement in the human rights identified; therefore no source for the situation of the countries of origin, not required funds has been allocated yet. only ignores the specific protection needs One of the actions proposed by the of refugees and asylum seekers, but may Action Plan on Iraq is the stimulation of also constitute a breach of International the democratic process. The financial Law in certain circumstances. Therefore, implication section in such action says : a continuing assessment of the “yes/no”. It is hard to see how a measure implementation of the Action Plans needs can have financial implications and at the to be undertaken in order to ensure that same time, not to have them, unless of the rights of refugees and asylum seekers course it may depend on the concrete are adequately protected. activities undertaken in the framework of the action, and such activities are absent Thank you very much for your attention. in the Plan. Another example of the point that we are addressing is the proposed measure in the Sri Lanka Action Plan to finance appropriately the Human Rights Commission established in the country in ECRE EU Tampere Summit 1997. Although the aim of the action is to Parallel Meeting provide for a proper funding of the 15 October 1999 Human Rights Commission, it is stated that there are no financial implications. Fatima Galani
These examples show that an effective Peace Activist strategy to address human rights violations is not yet in place. The measures proposed seem to be more Why being a woman is enough reason guidelines than concrete “plans of for asylum status. action”. As guidelines, they provide for a positive starting point. However, it is Women's situation in Afghanistan necessary that a “plan of action” is developed. Such strategy requires a It has been years since the world talked detailed description of the steps to be about the appalling situation of the taken and in which order; it must also female Afghan population, which
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incidentally makes up more than 60% of either starving to death or begging on the the country. All that has been done is street, even if they hold Ph.D.'s. giving strong verbal opposition. However, very little pressure has been Women's situation in Pakistan put on the parties concerned that could have changed the situation. Life is no better in Pakistan, Iran or other neighbouring countries. This is because The tireless campaign of Afghan and most humanitarian organisations that non-Afghan women's organisations generously looked after Afghan refugees succeeded in making the issue a world during the war against the Soviet Union, publicised plight, but 1 cannot see any cannot recognise or cope with new action being taken by the UN or the arrivals. The Afghan woman has to find Western powers. Above all, no forceful shelter, a job or perhaps schooling for her condemnation whether by word or action children if she is a mother. You tell me, has come from the Muslim world. for a woman with no male support are any of these essential steps easy? Of An Afghan woman without husband, course not. Those people living in father or brother is no better than a Pakistan for years and years have person who has been buried alive. She problems in keeping their jobs or finding doesn't have to be politically active to new employment. So, what opportunities have problems with the authorities. Her does a new arrival have, especially if she mere movement such as grocery happens to be a woman? shopping, being ill and seeking medical attention or getting out of the house on There is not enough time here to talk any kind of errand could result in her about the most unfortunate girls and imprisonment or severe punishment. This women who have ended up in houses of is clearly a violation of basic human ill repute. There are many tragic stories rights. of these women who, in the hope of finding a way of obtaining asylum in Women, whether they are doctors, trained Western countries, were deceived by or nurses, teachers or housewives would be lost what little money they had to people treated in the same way. Most of them called "Asylum Brokers" who charge will not have any kind of financial exorbitant fees for their services. support. So you can see, their lives whether in Afghanistan or in neighbouring countries They have only one option and that is to such as Iran and Pakistan are not very get out of Afghanistan in the hope of a different. A single woman or a woman better life in Pakistan, Iran or other responsible for her family needs special neighbouring countries. consideration in order to have a chance of proving themselves worthy of a decent, One woman was stoned to death for normal life that is taken for granted by trying to leave the country with a man many of us. that was not her relative. Others live in fear of their lives for what could be It is important to know that many construed as misbehaviour at the slightest Pakistanis and some other people from pretext. Because they cannot work, those neighbouring countries would pay a lot of without male relatives or husbands are money and assume Afghan identity so that they may have a better chance in
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settling in the West. It is because they have the means to pay off the "Asylum Brokers" that more of them could find their way into the West where they would settle. This shameful deception uses up the asylum quotas for Afghans. It makes it extremely difficult for genuine Afghans to obtain asylum in western countries.
People are coming anyway, paying as much as 100% interest on the loan they take to pay the “Asylum Brokers” who charge not less that US$12,000 to get people to the West. It is an astronomical sum for any Afghan man, let alone woman. In order to raise this money, or indeed repay it, Afghans might be forced to engage in illegal and often dangerous activities like drug smuggling and prostitution.
This is indeed crippling for anyone with little money. This is why it is vital to make it legal and safe for those for whom taking asylum is really only a matter of having a decent life or living a slow humiliating death. If only being a woman is enough reason for being granted asylum many lives could be saved.
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Peer Baneke, Chief Executive of ECRE ECRE EU Tampere Summit said: ‘It’s about protection not control. Parallel Meeting European governments have the power to 15 October 1999 make harmonisation work in a positive way.’ Protection Not Control Press Release Nick Hardwick, Chair of ECRE, pointed out that ‘The international trafficking racket is a Frankenstein monster created · 300 representatives of civil society by governments. The more controls they met today to say protection not set up, the more energy they pump into control. the monster.’
· International trafficking racket is a Refugees were present to participate in Frankenstein created by the debate and reminded the conference governments. that asylum policy was not just about statistics and control but affected real people.
· Governments have the power to make harmonisation work in a positive way.
Over 300 representatives of refugee assisting NGOs from throughout Europe, refugees themselves, politicians, civil servants, the international press and other members of civic society, came together to express their concern at the erosion of the human rights framework within which refugee protection has been traditionally developed. Practical alternatives were put forward for the development of a fair and human asylum policy for Europe, which took into account the root causes of asylum.
Mrs Tarja Halonen, the Finnish Foreign Affairs Minister, was present to receive the Conference Statement. She thanked ECRE for their important input in promoting a humane and fair asylum policy. ‘NGOs are the nearest eyes and ears of human beings,’ she said.
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Introduction
This chapter includes the Presidency 54 Conclusions of the Special Meeting of the European Council on the Establishment of an Area of Freedom, Security and Justice, 15/16 October 1999, Tampere, Finland, as well as the 55 Observations by the European Council on Refugees and Exiles on the Presidency Conclusions of the Tampere European Council. These two documents should be read in conjunction, as the ECRE Observations follow the order in which the Presidency Conclusions were written, rather than attempt a thematic approach. Moreover, some cross-referencing between paragraphs has been necessary in order to deduce their meaning. Finally, also included in this third chapter, are the 56 Observations by the United Nations High Commission for Refugees on the Presidency Conclusions of the Tampere European Council.
54“The Presidency Conclusions, Tampere European Council, 15 and 16 October 1999”, is included on pages 65-77 of this Dossier. 55 “Observations by the European Council on Refugees and Exiles on the Presidency Conclusions of the Tampere European Council, 15 and 16 October 1999” (October 1999), is included on pages 78-81 of this Dossier. 56 “The Tampere Summit Conclusions : UNHCR’s Observations”, is included on pages 82-84 of this Dossier.
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assessing progress at its December Presidency Conclusions, meeting in 2001. Tampere European Council In close connection with the area of freedom, security and justice, the 15 and 16 October 1999 European Council has agreed on the composition, method of work and practical arrangements (attached in the annex) for the body entrusted with The European Council held a special drawing up a draft Charter of meeting on 15 and 16 October 1999 in fundamental rights of the European Tampere on the creation of an area of Union. It invites all parties involved to freedom, security and justice in the ensure that work on the Charter can begin European Union. At the start of rapidly. proceedings an exchange of views was conducted with the President of the European Parliament, Mrs Nicole The European Council expresses its Fontaine, on the main topics of gratitude for the work of the outgoing discussion. Secretary-General of the Council, Mr. Jörgen Trumpf, and in particular for his contribution to the development of the The European Council is determined to Union following the entry into force of develop the Union as an area of freedom, the Treaty of Amsterdam. security and justice by making full use of the possibilities offered by the Treaty of Amsterdam. The European Council sends Given that one of the focal points of the a strong political message to reaffirm the Union’s work in the years ahead will be importance of this objective and has to strengthen the common foreign and agreed on a number of policy orientations security policy, including developing a and priorities which will speedily make European security and defence policy, the this area a reality. European Council expects the new Secretary-General of the Council and High Representative for the CFSP, Mr. The European Council will place and Javier Solana, to make a key contribution maintain this objective at the very top of to this objective. Mr. Solana will be able the political agenda. It will keep under to rely on the full backing of the constant review progress made towards European Council in exercising his implementing the necessary measures powers according to Article 18(3) of the and meeting the deadlines set by the Treaty so he can do full justice to his Treaty of Amsterdam, the Vienna Action tasks. His responsibilities will include co- Plan and the present conclusions. The operating with the Presidency to ensure Commission is invited to make a that deliberations and action in foreign proposal for an appropriate scoreboard to and security policy matters are efficiently that end. The European Council conducted with the aim of fostering underlines the importance of ensuring the continuity and consistency of policy on necessary transparency and of keeping the basis of the common interests of the the European Parliament regularly Union. informed. It will hold a full debate
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TOWARDS A UNION OF common policies on asylum and FREEDOM, SECURITY AND immigration, while taking into JUSTICE: account the need for a consistent control of external borders to stop THE TAMPERE MILESTONES illegal immigration and to combat those who organise it and commit 1. From its very beginning European related international crimes. These integration has been firmly rooted in common policies must be based on a shared commitment to freedom principles which are both clear to our based on human rights, democratic own citizens and also offer institutions and the rule of law. guarantees to those who seek These common values have proved protection in or access to the necessary for securing peace and European Union. developing prosperity in the European Union. They will also 4. The aim is an open and secure serve as a cornerstone for the European Union, fully committed to enlarging Union. the obligations of the Geneva Refugee Convention and other 2. The European Union has already put relevant human rights instruments, in place for its citizens the major and able to respond to humanitarian ingredients of a shared area of needs on the basis of solidarity. A prosperity and peace: a single common approach must also be market, economic and monetary developed to ensure the integration union, and the capacity to take on into our societies of those third global political and economic country nationals who are lawfully challenges. The challenge of the resident in the Union. Amsterdam Treaty is now to ensure that freedom, which includes the 5. The enjoyment of freedom requires a right to move freely throughout the genuine area of justice, where people Union, can be enjoyed in conditions can approach courts and authorities of security and justice accessible to in any Member State as easily as in all. It is a project which responds to their own. Criminals must find no the frequently expressed concerns of ways of exploiting differences in the citizens and has a direct bearing on judicial systems of Member States. their daily lives. Judgements and decisions should be respected and enforced throughout 3. This freedom should not, however, the Union, while safeguarding the be regarded as the exclusive preserve basic legal certainty of people and of the Union’s own citizens. Its very economic operators. Better existence acts as a draw to many compatibility and more convergence others world-wide who cannot enjoy between the legal systems of the freedom Union citizens take for Member States must be achieved. granted. It would be in contradiction with Europe’s traditions to deny such 6. People have the right to expect the freedom to those whose Union to address the threat to their circumstances lead them justifiably freedom and legal rights posed by to seek access to our territory. This serious crime. To counter these in turn requires the Union to develop threats a common effort is needed to
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prevent and fight crime and criminal for the development of a common organisations throughout the Union. EU policy to include the following The joint mobilisation of police and elements. judicial resources is needed to guarantee that there is no hiding I. Partnership with countries of place for criminals or the proceeds of origin crime within the Union. 11. The European Union needs a 7. The area of freedom, security and comprehensive approach to justice should be based on the migration addressing political, principles of transparency and human rights and development issues democratic control. We must develop in countries and regions of origin and an open dialogue with civil society transit. This requires combating on the aims and principles of this poverty, improving living conditions area in order to strengthen citizens’ and job opportunities, preventing acceptance and support. In order to conflicts and consolidating maintain confidence in authorities, democratic states and ensuring common standards on the integrity of respect for human rights, in authorities should be developed. particular rights of minorities, women and children. To that end, the 8. The European Council considers it Union as well as Member States are essential that in these areas the invited to contribute, within their Union should also develop a capacity respective competence under the to act and be regarded as a Treaties, to a greater coherence of significant partner on the internal and external policies of the international scene. This requires Union. Partnership with third close co-operation with partner countries concerned will also be a countries and international key element for the success of such a organisations, in particular the policy, with a view to promoting co- Council of Europe, OSCE, OECD development. and the United Nations. 12. In this context, the European Council 9. The European Council invites the welcomes the report of the High Council and the Commission, in Level Working Group on Asylum close co-operation with the European and Migration set up by the Council, Parliament, to promote the full and and agrees on the continuation of its immediate implementation of the mandate and on the drawing up of Treaty of Amsterdam on the basis of further Action Plans. It considers as a the Vienna Action Plan and of the useful contribution the first action following political guidelines and plans drawn up by that Working concrete objectives agreed here in Group, and approved by the Council, Tampere. and invites the Council and the Commission to report back on their A. A COMMON EU ASYLUM AND implementation to the European MIGRATION POLICY Council in December 2000.
10. The separate but closely related issues of asylum and migration call
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II. A Common European Asylum within one year a communication on System this matter.
13. The European Council reaffirms the 16. The European Council urges the importance the Union and Member Council to step up its efforts to reach States attach to absolute respect of agreement on the issue of temporary the right to seek asylum. It has protection for displaced persons on agreed to work towards establishing the basis of solidarity between a Common European Asylum Member States. The European System, based on the full and Council believes that consideration inclusive application of the Geneva should be given to making some Convention, thus ensuring that form of financial reserve available in nobody is sent back to persecution, situations of mass influx of refugees i.e. maintaining the principle of non- for temporary protection. The refoulement. Commission is invited to explore the possibilities for this. 14. This System should include, in the short term, a clear and workable 17. The European Council urges the determination of the State Council to finalise promptly its work responsible for the examination of an on the system for the identification asylum application, common of asylum seekers (Eurodac). standards for a fair and efficient asylum procedure, common III. Fair treatment of third country minimum conditions of reception of nationals asylum seekers, and the approximation of rules on the 18. The European Union must ensure fair recognition and content of the treatment of third country nationals refugee status. It should also be who reside legally on the territory of completed with measures on its Member States. A more vigorous subsidiary forms of protection integration policy should aim at offering an appropriate status to any granting them rights and obligations person in need of such protection. To comparable to those of EU citizens. that end, the Council is urged to It should also enhance non- adopt, on the basis of Commission discrimination in economic, social proposals, the necessary decisions and cultural life and develop according to the timetable set in the measures against racism and Treaty of Amsterdam and the Vienna xenophobia. Action Plan. The European Council stresses the importance of consulting 19. Building on the Commission UNHCR and other international Communication on an Action Plan organisations. against Racism, the European Council calls for the fight against 15. In the longer term, Community rules racism and xenophobia to be stepped should lead to a common asylum up. The Member States will draw on procedure and a uniform status for best practices and experiences. Co- those who are granted asylum valid operation with the European throughout the Union. The Monitoring Centre on Racism and Commission is asked to prepare Xenophobia and the Council of
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Europe will be further strengthened. resident third country nationals be Moreover, the Commission is invited offered the opportunity to obtain the to come forward as soon as possible nationality of the Member State in with proposals implementing Article which they are resident. 13 of the EC Treaty on the fight against racism and xenophobia. To IV. Management of migration flows fight against discrimination more generally the Member States are 22. The European Council stresses the encouraged to draw up national need for more efficient management programmes. of migration flows at all their stages. It calls for the development, in close 20. The European Council acknowledges co-operation with countries of origin the need for approximation of and transit, of information campaigns national legislations on the on the actual possibilities for legal conditions for admission and immigration, and for the prevention residence of third country nationals, of all forms of trafficking in human based on a shared assessment of the beings. A common active policy on economic and demographic visas and false documents should be developments within the Union, as further developed, including closer well as the situation in the countries co-operation between EU consulates of origin. It requests to this end rapid in third countries and, where decisions by the Council, on the necessary, the establishment of basis of proposals by the common EU visa issuing offices. Commission. These decisions should take into account not only the 23. The European Council is determined reception capacity of each Member to tackle at its source illegal State, but also their historical and immigration, especially by cultural links with the countries of combating those who engage in origin. trafficking in human beings and economic exploitation of migrants. It 21. The legal status of third country urges the adoption of legislation nationals should be approximated to foreseeing severe sanctions against that of Member States´ nationals. A this serious crime. The Council is person, who has resided legally in a invited to adopt by the end of 2000, Member State for a period of time to on the basis of a proposal by the be determined and who holds a long- Commission, legislation to this end. term residence permit, should be Member States, together with granted in that Member State a set of Europol, should direct their efforts to uniform rights which are as near as detecting and dismantling the possible to those enjoyed by EU criminal networks involved. The citizens; e.g. the right to reside, rights of the victims of such receive education, and work as an activities shall be secured with employee or self-employed person, special emphasis on the problems of as well as the principle of non- women and children. discrimination vis-à-vis the citizens of the State of residence. The 24. The European Council calls for closer European Council endorses the co-operation and mutual technical objective that long-term legally assistance between the Member
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States´ border control services, such B. A GENUINE EUROPEAN AREA as exchange programmes and OF JUSTICE technology transfer, especially on maritime borders, and for the rapid 28. In a genuine European Area of inclusion of the applicant States in Justice individuals and businesses this co-operation. In this context, the should not be prevented or Council welcomes the memorandum discouraged from exercising their of understanding between Italy and rights by the incompatibility or Greece to enhance co-operation complexity of legal and between the two countries in the administrative systems in the Adriatic and Ionian seas in Member States. combating organised crime, smuggling and trafficking of persons. V. Better access to justice in Europe
25. As a consequence of the integration 29. In order to facilitate access to justice of the Schengen acquis into the the European Council invites the Union, the candidate countries must Commission, in co-operation with accept in full that acquis and further other relevant fora, such as the measures building upon it. The Council of Europe, to launch an European Council stresses the information campaign and to publish importance of the effective control of appropriate “user guides” on judicial the Union´s future external borders co-operation within the Union and on by specialised trained professionals. the legal systems of the Member States. It also calls for the 26. The European Council calls for establishment of an easily accessible assistance to countries of origin and information system to be maintained transit to be developed in order to and up-dated by a network of promote voluntary return as well as competent national authorities. to help the authorities of those countries to strengthen their ability to 30. The European Council invites the combat effectively trafficking in Council, on the basis of proposals by human beings and to cope with their the Commission, to establish readmission obligations towards the minimum standards ensuring an Union and the Member States. adequate level of legal aid in cross- border cases throughout the Union as 27. The Amsterdam Treaty conferred well as special common procedural powers on the Community in the rules for simplified and accelerated field of readmission. The European cross-border litigation on small Council invites the Council to consumer and commercial claims, as conclude readmission agreements or well as maintenance claims, and on to include standard clauses in other uncontested claims. Alternative, agreements between the European extra-judicial procedures should also Community and relevant third be created by Member States. countries or groups of countries. Consideration should also be given 31. Common minimum standards should to rules on internal readmission. be set for multilingual forms or documents to be used in cross-border court cases throughout the Union.
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Such documents or forms should judgements in the field of family then be accepted mutually as valid litigation (e.g. on maintenance documents in all legal proceedings in claims and visiting rights). Such the Union. decisions would be automatically recognised throughout the Union 32. Having regard to the Commission´s without any intermediate communication, minimum standards proceedings or grounds for refusal of should be drawn up on the protection enforcement. This could be of the victims of crime, in particular accompanied by the setting of on crime victims’ access to justice minimum standards on specific and on their rights to compensation aspects of civil procedural law. for damages, including legal costs. In addition, national programmes 35. With respect to criminal matters, the should be set up to finance measures, European Council urges Member public and non-governmental, for States to speedily ratify the 1995 and assistance to and protection of 1996 EU Conventions on extradition. victims. It considers that the formal extradition procedure should be VI. Mutual recognition of judicial abolished among the Member States decisions as far as persons are concerned who are fleeing from justice after having 33. Enhanced mutual recognition of been finally sentenced, and replaced judicial decisions and judgements by a simple transfer of such persons, and the necessary approximation of in compliance with Article 6 TEU. legislation would facilitate co- Consideration should also be given operation between authorities and the to fast track extradition procedures, judicial protection of individual without prejudice to the principle of rights. The European Council fair trial. The European Council therefore endorses the principle of invites the Commission to make mutual recognition which, in its proposals on this matter in the light view, should become the cornerstone of the Schengen Implementing of judicial co-operation in both civil Agreement. and criminal matters within the Union. The principle should apply 36. The principle of mutual recognition both to judgements and to other should also apply to pre-trial orders, decisions of judicial authorities. in particular to those which would enable competent authorities quickly 34. In civil matters the European Council to secure evidence and to seize assets calls upon the Commission to make a which are easily movable; evidence proposal for further reduction of the lawfully gathered by one Member intermediate measures which are still State’s authorities should be required to enable the recognition admissible before the courts of other and enforcement of a decision or Member States, taking into account judgement in the requested State. As the standards that apply there. a first step these intermediate procedures should be abolished for 37. The European Council asks the titles in respect of small consumer or Council and the Commission to commercial claims and for certain adopt, by December 2000, a
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programme of measures to while protecting the freedom and implement the principle of mutual legal rights of individuals and recognition. In this programme, work economic operators. should also be launched on a European Enforcement Order and on VIII. Preventing crime at the level of those aspects of procedural law on the Union which common minimum standards are considered necessary ni order to 41. The European Council calls for the facilitate the application of the integration of crime prevention principle of mutual recognition, aspects into actions against crime as respecting the fundamental legal well as for the further development principles of Member States. of national crime prevention programmes. Common priorities VII. Greater convergence in civil law should be developed and identified in crime prevention in the external and 38. The European Council invites the internal policy of the Union and be Council and the Commission to taken into account when preparing prepare new procedural legislation in new legislation. cross-border cases, in particular on those elements which are 42. The exchange of best practices instrumental to smooth judicial co- should be developed, the network of operation and to enhanced access to competent national authorities for law, e.g. provisional measures, crime prevention and co-operation taking of evidence, orders for money between national crime prevention payment and time limits. organisations should be strengthened 39. As regards substantive law, an and the possibility of a Community overall study is requested on the funded programme should be need to approximate Member States’ explored for these purposes. The first legislation in civil matters in order to priorities for this co-operation could eliminate obstacles to the good be juvenile, urban and drug-related functioning of civil proceedings. The crime. Council should report back by 2001. IX. Stepping up co-operation against crime C. A UNIONWIDE FIGHT AGAINST CRIME 43. Maximum benefit should be derived from co-operation between Member 40. The European Council is deeply States´ authorities when investigating committed to reinforcing the fight cross-border crime in any Member against serious organised and State. The European Council calls transnational crime. The high level for joint investigative teams as of safety in the area of freedom, foreseen in the Treaty to be set up security and justice presupposes an without delay, as a first step, to efficient and comprehensive combat trafficking in drugs and approach in the fight against all human beings as well as terrorism. forms of crime. A balanced The rules to be set up in this respect development of unionwide measures should allow representatives of against crime should be achieved Europol to participate, as
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appropriate, in such teams in a European Council requests the support capacity. Council to adopt the necessary legal instrument by the end of 2001. 44. The European Council calls for the establishment of a European Police 47. A European Police College for the Chiefs operational Task Force to training of senior law enforcement exchange, in co-operation with officials should be established. It Europol, experience, best practices should start as a network of existing and information on current trends in national training institutes. It should cross-border crime and contribute to also be open to the authorities of the planning of operative actions. candidate countries.
45. Europol has a key role in supporting 48. Without prejudice to the broader unionwide crime prevention, areas envisaged in the Treaty of analyses and investigation. The Amsterdam and in the Vienna Action European Council calls on the Plan, the European Council considers Council to provide Europol with the that, with regard to national criminal necessary support and resources. In law, efforts to agree on common the near future its role should be definitions, incriminations and strengthened by means of receiving sanctions should be focused in the operational data from Member States first instance on a limited number of and authorising it to ask Member sectors of particular relevance, such States to initiate, conduct or as financial crime (money coordinate investigations or to create laundering, corruption, Euro joint investigative teams in certain counterfeiting), drugs trafficking, areas of crime, while respecting trafficking in human beings, systems of judicial control in particularly exploitation of women, Member States. sexual exploitation of children, high tech crime and environmental crime. 46. To reinforce the fight against serious organised crime, the European 49. Serious economic crime increasingly Council has agreed that a unit has tax and duty aspects. The (EUROJUST) should be set up European Council therefore calls composed of national prosecutors, upon Member States to provide full magistrates, or police officers of mutual legal assistance in the equivalent competence, detached investigation and prosecution of from each Member State according serious economic crime. to its legal system. EUROJUST should have the task of facilitating 50. The European Council underlines the the proper coordination of national importance of addressing the drugs prosecuting authorities and of problem in a comprehensive manner. supporting criminal investigations in It calls on the Council to adopt the organised crime cases, notably based 2000-2004 European Strategy on Europol´s analysis, as well as of against Drugs before the European co-operating closely with the Council meeting in Helsinki. European Judicial Network, in particular in order to simplify the execution of letters rogatory. The
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X. Special action against money procedures on money laundering laundering (e.g. tracing, freezing and confiscating funds). The scope of 51. Money laundering is at the very heart criminal activities which constitute of organised crime. It should be predicate offences for money rooted out wherever it occurs. The laundering should be uniform and European Council is determined to sufficiently broad in all Member ensure that concrete steps are taken States. to trace, freeze, seize and confiscate the proceeds of crime. 56. The European Council invites the Council to extend the competence of 52. Member States are urged to Europol to money laundering in implement fully the provisions of the general, regardless of the type of Money Laundering Directive, the offence from which the laundered 1990 Strasbourg Convention and the proceeds originate. Financial Action Task Force recommendations also in all their 57. Common standards should be dependent territories. developed in order to prevent the use of corporations and entities 53. The European Council calls for the registered outside the jurisdiction of Council and the European Parliament the Union in the hiding of criminal to adopt as soon as possible the draft proceeds and in money laundering. revised directive on money The Union and Member States laundering recently proposed by the should make arrangements with third Commission. country offshore-centres to ensure efficient and transparent co-operation 54. With due regard to data protection, in mutual legal assistance following the transparency of financial the recommendations made in this transactions and ownership of area by the Financial Action Task corporate entities should be Force. improved and the exchange of information between the existing 58. The Commission is invited to draw financial intelligence units (FIU) up a report identifying provisions in regarding suspicious transactions national banking, financial and expedited. Regardless of secrecy corporate legislation which obstruct provisions applicable to banking and international co-operation. The other commercial activity, judicial Council is invited to draw necessary authorities as well as FIUs must be conclusions on the basis of this entitled, subject to judicial control, to report. receive information when such information is necessary to D. STRONGER EXTERNAL investigate money laundering. The ACTION European Council calls on the Council to adopt the necessary 59. The European Council underlines provisions to this end. that all competences and instruments at the disposal of the Union, and in 55. The European Council calls for the particular, in external relations must approximation of criminal law and be used in an integrated and
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consistent way to build the area of 2000. This initiative will provide freedom, security and justice. Justice valuable support in the context of the and Home Affairs concerns must be South Eastern Europe Stability Pact. integrated in the definition and implementation of other Union ______policies and activities. ANNEX 60. Full use must be made of the new possibilities offered by the Treaty of COMPOSITION METHOD OF Amsterdam for external action and in WORK AND PRACTICAL particular of Common Strategies as ARRANGEMENTS FOR THE BODY well as Community agreements and TO ELABORATE A DRAFT EU agreements based on Article 38 CHARTER OF FUNDAMENTAL TEU. RIGHTS, AS SET OUT IN THE COLOGNE CONCLUSIONS 61. Clear priorities, policy objectives and measures for the Union’s external A. COMPOSITION OF THE BODY action in Justice and Home Affairs should be defined. Specific (i) Members recommendations should be drawn up by the Council in close co- (a) Heads of State or Government of operation with the Commission on Member States policy objectives and measures for the Union’s external action in Justice Fifteen representatives of the and Home Affairs, including Heads of State or Government of questions of working structure, prior Member States. to the European Council in June 2000. (b) Commission
62. The European Council expresses its One representative of the support for regional co-operation President of the European against organised crime involving Commission. the Member States and third countries bordering on the Union. In (c) European Parliament this context it notes with satisfaction the concrete and practical results Sixteen members of the obtained by the surrounding European Parliament to be countries in the Baltic Sea region. designated by itself. The European Council attaches particular importance to regional co- (d) National Parliaments operation and development in the Balkan region. The European Union Thirty members of national welcomes and intends to participate Parliaments (two from each in a European Conference on national Parliament) to be Development and Security in the designated by national Adriatic and Ionian area, to be Parliaments themselves. organised by the Italian Government in Italy in the first half of the year Members of the Body may be
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replaced by alternates in the An appropriate exchange of views event of being unable to attend should be held by the Body or by the meetings of the Body. Chairperson with the applicant States. (ii) Chairperson and Vice-Chairpersons of the Body (vi) Other bodies, social groups or experts to be invited to give their The Chairperson of the Body shall be views elected by the Body. A member of the European Parliament, a member Other bodies, social groups and of a national Parliament, and the experts may be invited by the Body representative of the President of the to give their views. European Council if not elected to the Chair, shall act as Vice- (vii) Secretariat Chairpersons of the Body. The General Secretariat of the The member of the European Council shall provide the Body with Parliament acting as Vice- secretariat services. To ensure proper Chairperson shall be elected by the coordination, close contacts will be members of the European Parliament established with the General serving on the Body. The member of Secretariat of the European a national Parliament acting as Vice- Parliament, with the Commission Chairperson shall be elected by the and, to the extent necessary, with the members of national Parliaments secretariats of the national serving on the Body. Parliaments.
(iii) Observers
Two representatives of the Court of B. WORKING METHODS OF THE Justice of the European Communities BODY to be designated by the Court. (i) Preparation Two representatives of the Council of Europe, including one from the The Chairperson of the Body shall, European Court of Human Rights. in close concertation with the Vice- Chairpersons, propose a work plan (iv) Bodies of the European Union to be for the Body and perform other invited to give their views appropriate preparatory work.
The Economic and Social Committee (ii) Transparency of the proceedings
The Committee of the Regions In principle, hearings held by the Body and documents submitted at The Ombudsman such hearings should be public.
(v) Exchange of views with the applicant States
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(iii) Working groups
The Body may establish ad hoc working groups, which shall be open to all members of the Body.
(iv) Drafting
On the basis of the work plan agreed by the Body, a Drafting Committee composed of the Chairperson, the Vice-Chairpersons and the representative of the Commission and assisted by the General Secretariat of the Council, shall elaborate a preliminary Draft Charter, taking account of drafting proposals submitted by any member of the Body.
Each of the three Vice-Chairpersons shall regularly consult with the respective component part of the Body from which he or she emanates.
(v) Elaboration of the Draft Charter by the Body
When the Chairperson, in close concertation with the Vice- Chairpersons, deems that the text of the draft Charter elaborated by the Body can eventually be subscribed to by all the parties, it shall be forwarded to the European Council through the normal preparatory procedure.
C. PRACTICAL ARRANGEMENTS
The Body shall hold its meetings in Brussels, alternately in the Council and the European Parliament buildings.
A complete language regime shall be applicable for sessions of the Body.
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guidelines laid down in the Observations by the Conclusions. European Council on Refugees and Exiles 3. ECRE welcomes the acknowledgement that asylum and on the Presidency Conclusions migration are two different, but inter- of the Tampere European linked, phenomena and should be Council dealt with separately.
15 and 16 October 1999 4. The comments below take the order in which they are written in the General Remarks Conclusions rather than attempt a thematic approach. Some cross- 1. The European Council on Refugees referencing between paragraphs is and Exiles (ECRE), representing 68 necessary to deduce their meaning. refugee assisting NGOs active in 25 The comments are drawn from the European Countries, broadly agreed positions of ECRE and from welcomes the Conclusions of the discussions within the organisation Tampere European Council. The about the Conclusions and more organisation is encouraged by the generally. positive commitment of the Council’s Conclusions with regard to Towards a Union of Freedom, Security and Justice: The Tampere Milestones the right to seek asylum and by the impetus given to the development of harmonised asylum policies with 5. Paragraph 1: ECRE is encouraged “guarantees to those who seek that the EU sees human rights, protection in or access to the democratic institutions and the rule of European Union”. These guarantees law as a cornerstone for enlargement are crucial, as the best asylum policy of the Union, which has profound in the world is no use unless refugees implications for the protection of can access its protection. refugees. This perspective on enlargement means that migration 2. ECRE believes that if the policy respects the absolute right to Conclusions are implemented in the seek asylum and does not only spirit in which they have been concentrate on strengthening border written this would be a step towards controls in Central and Eastern a protection-oriented asylum policy. Europe. With respect to EU re- However, ECRE will remain vigilant admission agreements with countries as the key is in the implementation of transit in Central and Eastern of the commitments made in the Europe and external controls ECRE Conclusions. In this context ECRE sounds a note of warning, see below considers that the European Council point 20. in December 2001, assessing progress made, will be an important 6. Paragraph 2: ECRE agrees that the occasion to measure the level of challenge of the Amsterdam Treaty is commitment and sincerity of EU to ensure freedom to all. The explicit Member States in translating into reference to freedom of movement is concrete measures the policy welcome. Taken with Paragraph 3,
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ECRE takes this to include also the Human Rights and instruments for the freedom of movement of refugees protection of minorities and of within the Union. women and children.
7. Paragraph 3: ECRE agrees that 10. Paragraph 7: ECRE agrees that an freedom should not be only the area of freedom, security and justice preserve of EU citizens and that such should be transparent and under freedom should not be denied to those democratic control. We especially who justifiably seek access to the EU. welcome the prospect of an open and This means that people in need of informed dialogue with civil society. international protection should be Taken with Declaration 17 to the able to access the territory of the EU Amsterdam Treaty, and Paragraph 8, and have an opportunity to gain ECRE takes this as a firm protection. The formulation of this commitment to have timely paragraph, in which the requirement consultations with UNHCR and other to develop common policies on relevant international organisations, asylum and immigration follows from like ECRE, on the development of the need to guarantee freedom, is EU asylum policy. greatly encouraging and has to mean that immigration control measures A Common EU Asylum and Migration must be in full compliance with Policy absolute respect of the right to seek asylum. 11. Paragraph 11: ECRE welcomes a comprehensive approach to 8. Paragraph 4: Following on from migration and the call for a greater Paragraph 3, ECRE welcomes the coherence of the internal and aim of the Council to ensure an open external policies of the Union. We and secure European Union, fully are encouraged that the Council has committed to the obligations of the asked in Paragraph 12 for a report on Refugee Convention. This means that implementation of measures on the interdiction measures which deny the comprehensive approach after a year. opportunity to flee persecution, such Implementation of concrete as carriers’ sanctions, visa regimes measures to improve human rights and gate and pre-boarding checks, and poverty in countries of origin is must be changed in order to guarantee crucial to the success of a access to protection. Further deterrent comprehensive approach. measures, such as detention of Implementation also requires asylum-seekers, must also change if transparency and flexibility in the the stated aim is to be achieved. work of the High Level Working 9. Further under Paragraph 4 ECRE Group on Asylum and Migration welcomes the commitment to other (HLWG). We are equally human rights instruments in the encouraged that transparency and protection and reception of refugees. consultation with outside experts is This must include not only the now positively required by Universal Declaration of Human Paragraphs 7 and 8 of the Rights and the International Bill of Conclusions. In this context ECRE Rights, but also regional instruments urges the European Union to involve such as the European Convention on UNHCR and relevant international
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non governmental organisations in ECRE believes that the EU will have consultations about the further to harmonise interpretation before, development of the existing and new for example, revising the Dublin Action Plans as soon as possible. The Convention. European Union should ensure that the HLWG’s Action Plans are not set 15. Paragraph 16: ECRE welcomes the in stone, but develop according to recognition that an instrument on events. temporary protection in cases of sudden and mass influx is urgently 12. Paragraph 13: ECRE warmly needed. It is positive that subsidiary welcomes the Council’s forms of protection (Paragraph 14) reaffirmation of the importance of and temporary protection are viewed “absolute respect of the right to separately. ECRE agrees that sharing seek asylum”. Such an absolutist responsibility for protection in cases approach means that asylum, and of sudden and mass influx needs to access to asylum, can never be be developed and is pleased that the subordinated to control measures. Commission is invited to explore the possibility of a financial reserve to 13. ECRE further welcomes the fact that support any measures. ECRE a Common European Asylum emphasises that responsibility System will be based on a “full and sharing, both within Europe and inclusive application of the Geneva globally, is also important to sustain Convention, thus ensuring that the overall protection system- not nobody is sent back to persecution”. only in cases of mass influx. ECRE This means that the Council requires is also pleased that subsidiary Member States which apply an protection will attract rights incorrect interpretation of the appropriate to the status: this means Convention, e.g. one which does not rights at the same level as the cover persecution by non-state Refugee Convention. agents, to actively change that interpretation. It also means that Fair treatment of third country asylum policy and practice must be nationals gender-sensitive and child-centred. The guidance of UNHCR, as 16. Paragraph 18: ECRE welcomes the guarantor of the Refugee commitment to a more vigorous Convention, should be followed as to policy of integrating third country the correct interpretation of the nationals, including refugees. A Convention. vigorous integration policy, by definition, means that refugees 14. Paragraph 14: ECRE believes that an should have access to rights harmonised interpretation of the comparable to those of EU citizens Refugee Convention is possibly the upon recognition of their status. In single most important factor in the line with Paragraph 2 of the creation of a Common European Conclusions, this includes the right Asylum System and should be dealt to free movement within the Union. with sooner rather than later. Taken with other commitments, in Paragraph 4 and 13 particularly,
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Management of migration flows countries of origin or transit without providing sufficient safeguards 17. Paragraph 22: Taken with the strong against refoulement. This has been commitments to asylum in the case to date, and ECRE has been Paragraphs 3, 4 and 13 ECRE particularly concerned by the understands the management of inappropriate use of re-admission migration flows to also include agreements on a so-called “safe third developing means to allow access to country” basis. Taken with the strong protection in the EU. This means commitments to asylum in reconsidering visa regimes and other Paragraphs 3, 4 and 13 ECRE immigration controls from a refugee believes that readmission agreements protection perspective. (or readmission clauses in other association agreements) must in 18. Paragraph 25: ECRE agrees that future provide sufficient safeguards border control can only be to ensure that this does not remain undertaken by specialised trained the case. professionals. In line with Paragraphs 4 and 13 this means that border police should be trained to identify and deal professionally with asylum applicants, including specialised training on gender and on working with children.
19. Paragraph 26: ECRE is concerned that the European Union may make the (economic) assistance to countries of origin or transit, conditional upon these countries willingness’ to take control oriented measures which may not be in line with the “absolute respect of the right to seek asylum”. The reference to the principle of voluntary return to countries of origin is welcome. ECRE takes this to mean that, for example, “go-and-see” visits will be allowed so that decisions to return are informed. ECRE sounds a note of warning that also readmission agreements with countries of origin or transit must be in line with the “absolute respect of the right to seek asylum”.
20. Paragraph 27: ECRE is concerned that re-admission agreements may be used to return asylum-seekers to
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underline the need for approximation of The Tampere Summit national legislations on the conditions for Conclusions admission and residence of aliens.
UNHCR’s Observations The Conclusions refer to asylum and migration policies as distinct, although ASYLUM AFTER TAMPERE inter-related areas, and contain separate paragraphs on asylum, legal migration, The EU asylum agenda following the illegal immigration and cooperation with Tampere Summit source countries. The Conclusions affirm that asylum is an absolute human right, The Tampere Summit Conclusions while migration is seen as being represent an important landmark in the conditioned by socio-economic, development of a European asylum and demographic, judicial and police migration strategy. The Conclusions in cooperation factors. Yet the close themselves do not prescribe the contents relationship between asylum and of the future European Union asylum and migration calls for a reflection over the migration instruments to be developed inter-linkage of the various legal pursuant to the entry into force of Title instruments and common policies to be IV of the Amsterdam Treaty. Yet they developed in these areas, as well as the give political impetus to, and set the main sequence of their development. orientations for, the future EU policy in the area of asylum and migration. While the Conclusions affirm the need for guarantees for those who seek access Asylum vs. Migration to and protection in the EU Member States, they also call for vigorous The Conclusions include a reaffirmation measures to stem illegal immigration, of the right to seek asylum and call for reinforce border controls and combat the full and inclusive application of the trafficking in human beings. The Geneva Convention. This is to be Conclusions do not spell out how to welcomed as a positive signal that the balance guarantees to offer protection to future EU asylum system is to be those in need of it with measures to stem developed on the basis of international illegal immigration. There is, therefore, a protection standards. It is refreshing to risk that access to territory and to the see that asylum policy is dealt with up- asylum procedure will be undermined front in the Conclusions rather than as a if stringent controls are put in place final afterthought. Also, protection without sufficient guarantees considerations precede those of border addressing the situation of persons control and measures aimed at stemming seeking protection. illegal immigration. Towards a single or a common asylum The separate chapter aimed at improving system? the integration of third country nationals residing legally on the territory of The Tampere Conclusions spell out a Member States also includes a number of clear commitment to iron out the positive intentions, including efforts to differences between the asylum policies step up the fight against racism and and laws of individual EU Member xenophobia. The Conclusions also States. The Conclusions establish the main elements of a common European
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asylum system, in terms of asylum European Parliament) to agree on the procedures, reception conditions and, contents of the protection offered in the eventually, a uniform refugee status. The future instruments. intention as expressed in the Conclusions to establish a common asylum system Some Member States have already should be taken as a clear signal that EU announced that they will stick to a strict Member States want to move beyond interpretation of the language of the minimum levels of harmonisation and asylum provisions of the Amsterdam approximation of their asylum laws Treaty, that is the adoption of minimum and policies. Whether this will be standards. This entails the risk that the realised remains to be seen. minimum will develop into the maximum, particularly if the rule of In this context it is important to note unanimity voting is to be maintained that the Summit Conclusions call for a during the next five years of negotiations common asylum system, not a single on draft instruments. system. This is probably more than merely a semantic issue, since clear In order to avoid the acceptance of the differences of opinion on the future of lowest common denominator, Member the Union’s competence in asylum States should be called upon to matters underlie this question. A negotiate a consistent set of common single, uniform system implies full standards for each instrument, to be harmonisation of standards and developed within a coherent framework, procedures. and not by comparing the standards and Yet a number of Member States have singularities of their present policies and expressed doubts about the feasibility practices. Moreover, the Commission or desirability of establishing such a may need some encouragement to system and prefer to identify a set of develop comprehensive proposals setting common standards arising from a high protection standards, prior to putting comparison of the standards governing these on the negotiating table. their asylum policies and practices. While UNHCR would certainly see Partnership with countries of origin advantages in a single system, the key The Tampere Conclusions include a brief issue for the Office is that the sights of chapter endorsing a comprehensive Governments remain firmly fixed on approach to migration and asylum high protection standards. addressing political, human rights and development issues in countries and What level of protection? regions of origin and transit, as pioneered Despite their overall positive tone, the recently by the EU High Level Working Tampere Conclusions do not actually set Group on Migration and Asylum. the detail nor the level of future Partnership with countries of origin and protection standards for the future third countries concerned will be a key common asylum system. While element for the success of such a policy. Conclusions of this kind cannot be The Conclusions call for a continuation expected to do so, it is now up to the of the mandate of the High Level drafters of the future asylum instruments Working Group and the drawing up of (the Commission), as well as for those further Action Plans following the who will have to negotiate their adoption adoption of a first set of such Plans as (the Council, and to a certain extent, the elaborated by the Group. UNHCR has
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welcomed the establishment of the Group UNHCR reiterates its call that the EU and has provided inputs into the drawing Member States and the Commission seize up of the Action Plans. the opportunity to rethink the order of priority for developing the various Now that the implementation phase has asylum instruments. A coherent, begun, UNHCR will see to it that the protection-based asylum strategy protection dimension of the Action should start with a common Plans receives at least as much understanding of the interpretation attention as the control measures and application of the definition of a spelled out in the Plans. Implementing “refugee” and the content and legal the Action Plans needs to be predicated basis of the refugee status. Following upon Member States’ continued agreement on the scope and contents of acceptance of asylum-seekers and the refugee status, a common approach migrants on their territory, combined to complementary forms of protection with efforts to address effectively the root can be developed. Simultaneously, the causes of flight and migration, measures Council and Commission should work strengthening the reception and towards common standards for asylum protection capacities of countries procedures. Once these core elements neighbouring countries of origin, and of material and asylum law have been increased political and financial support adopted, the Council and Commission for voluntary return programmes, can elaborate a common approach to provided the security and political practical devices such as a common situation in countries of origin allows for temporary protection regime in sustainable reintegration. situations of mass influx, a functioning “Dublin” mechanism regulating The post-Tampere asylum agenda allocation of responsibility for examining asylum applications, or a Now that the Tampere Summit has European burden-sharing mechanism. promulgated its political guidelines for It should be recalled that the Tampere the EU asylum law-making process, the Conclusions contain rather timid Commission and Member States are language on these subjects. preparing for an intensive period of elaborating and negotiating proposals for Regulations and Directives. The It is in the hands of the Council, Commission is at present drawing up its Commission and the European “scoreboard” in order to set an agreed Parliament to ensure that the asylum- agenda and time-table for the related provisions of the Amsterdam introduction and adoption of the various Treaty do not simply reinforce the legal instruments. The 1998 Vienna restrictive trends of the 1990’s, but that Action Plan of the Council and they place refugee protection on a proper Commission identified a time-table of footing in harmony with the aims of two and five years for the adoption of the freedom, security and justice to which the The Tampere various asylum and migration European Union aspires. Conclusions constitute a positive point instruments, yet this has proven to be too of departure towards achieving this ambitious. A revision of this time-table end. offers an opportunity to re-think the sequence with which the various asylum instruments can best be prepared and adopted.
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Acknowledgements
The European Council on Refugees and Exiles would like to thank the following people for their contribution to the ECRE EU Tampere Summit Parallel Meeting :
Speakers – Contributions : Gasm Mazuchi, Finland Faraidun Hassan Abdullah, France Boldizsár Nagy, Eötvös Loránd Peer Baneke, ECRE University – Hungary Jean-Louis De Brouwer, European Edmond Nushi, Finland Commission Alex Parisel, Médecins Sans Frontières – Steve Edminster, US Committee for Belgium Refugees Friso Roscam Abbing, ECRE Fatima Galani, United Kingdom Pierre Schori, European Parliament Maria-Teresa Gil-Bazo, Amnesty Kristina Stenman, Finnish Refugee International – European Union Advice Centre Association Areti Sianni, ECRE Christopher Hein, Italian Refugee Katja Syvärinen, EU Committee of the Council Finnish Parliament Raymond Hall, UNHCR Thomas Uwer, Germany Tarja Halonen, Minister for Foreign Affairs, Finland Organisation - Support : Nick Hardwick, British Refugee Council Leena-Laisa Åberg, Finnish Refugee Minoo Jalali, Avon & Bristol Law Advice Centre Centre Hildegard Dumper, Consultant Faton Kavaja, Finland Christian Levrat, Swiss Refugee Hannu Kyröläinen, Foreign Affairs Council Ministry, Finland Yolanda López, ECRE Baroness Sarah Ludford, European Parliament Friso Roscam Abbing, ECRE Peter Mardsen, British Refugee Council Martha Roussou, ECRE Mohammed Farugh Matin, Finland Liesbeth Schockaert, ECRE
The European Council on Refugees and Exiles would like to express its gratitude for the financial support given by the Joseph Rowntree Charitable Trust to the organisation of the ECRE EU Tampere Summit Parallel Meeting, and for the financial support of the United States Department for facilitating the NGO Transatlantic Dialogue on Asylum in relation to the ECRE “Guarding Standards – Shaping the Agenda” Project.
Editorial Board - Tampere Dossier : Friso Roscam Abbing, Yolanda López, Martha Roussou, Quentin Pope – ECRE EU Office
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For further information contact the European Council on Refugees and Exiles (ECRE) at:
ECRE Secretariat Stapleton House Clifton Centre – Unit 22 110 Clifton Street
Tel +44 (0) 20 7729 51 52 Fax +44 (0) 20 7729 51 41 e-mail [email protected]
ECRE EU Office Rue du Commerce, 72 1040 Brussels Belgium
Tel +32 (0) 2 514 59 39 Fax + 32 (0) 2 514 59 22 e-mail [email protected]
June 2000
“Guarantees to those who seek protection in or access to the European Union”