Open Letter to the Peoples of Europe, the European Union, EU Member States and Their Representatives on the Justice and Home Affairs Council
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Open Letter to the peoples of Europe, the European Union, EU Member States and their representatives on the Justice and Home Affairs Council 22nd September 2015 We, the undersigned international lawyers, gathered at the European Society of International Law 11th Annual Meeting in Oslo on 12th September 2015, and other international law scholars and experts, condemn the failure to offer protection to people seeking refuge in Europe, and the lack of respect for the human rights of those seeking refuge. In particular, we express our horror at the human rights violations being perpetrated against those seeking refuge, in particular the acts of violence, unjustified coercion and arbitrary detention. We note that European states have obligations not only to refugees and migrants on their territories, but that international refugee law rests on international responsibility sharing. The world’s refugees are disproportionately outside Europe. We note that over nine-tenths of Syrian refugees are in five countries, Turkey, Lebanon, Jordan, Egypt and Iraq. We note that around one quarter of Lebanon’s population comprises refugees. We note that all European states have obligations not only to refugees as defined under the 1951 Convention on the Status of Refugees, but also to those protected against return under international human rights law and customary international law. We note that this broad duty of non-refoulement protects all those at real risk of serious human rights violations if returned. They should be afforded international protection. EU Member States have further obligations under EU law. We urge European states and the EU to alleviate the humanitarian crisis, prevent further loss of life in dangerous journeys to Europe by providing safe passage, and live up to their obligations in international and EU law. We recall the legacy of Fridtjof Nansen, the first League of Nations High Commissioner for Refugees, and the initiator of the Nansen passport, created to facilitate the safe passage and legal migration opportunities for refugees and stateless persons. We urge European states and the EU to: - meet their obligations of international responsibility-sharing, to resettle significant numbers of refugees and provide aid to countries hosting large numbers of refugees. - as regards those seeking protection in Europe, abandon those policies which prevent safe and legal access to protection. The UNHCR estimates over 2,860 people have died at sea trying to get to Europe this year alone. Suspending carrier sanctions and issuing humanitarian visas would largely prevent the need for those seeking refuge to make dangerous journeys. - respect and protect the human rights of those seeking refuge once they are in Europe, including by enabling them to access asylum procedures or ensuring safe passage to countries where they wish to seek international protection. - immediately suspend Dublin returns of asylum-seekers to their first point of entry, but ensure that its rules on family reunification are implemented fully and swiftly. - relocate asylum-seekers and refugees in a manner that respects the dignity and agency of those relocated, and increases Europe’s capacity to offer protection. - replace the Dublin System with one which accords with international human rights law and respects the dignity and autonomy of asylum-seekers, and supports international and intra- European responsibility-sharing. - implement fair and swift procedures to recognize all those in need of international protection. - while claims are being examined, afford those in need of international protection, at a minimum, the reception conditions to which they are entitled in international human rights and EU law. - respect the right to family life, including positive obligations with regard to family unity, facilitation of swift family reunification and family tracing. - treat all refugees, asylum-seekers and migrants with dignity and respect, respecting and protecting their human rights, irrespective of status. Başak Çalı, Center for Global Public Law, Koç University Cathryn Costello, Refugee Studies Centre, University of Oxford Guy Goodwin-Gill, All Souls College, University of Oxford Ralph Wilde, University College London David Abraham, School of Law, University of Miami Diego Acosta, University of Bristol Paola Andrea, Acosta Alvarado, UEC University Marjan Ajevski, Central European University Rajnaara Akhtar, University of Warwick Susan Akram, Boston University Alberto Alemanno, HEC Paris Chrysa Alexandraki, University of Oslo/PluriCourts Ana Silvia Alfonzo Mexico, UNHCR Rosa Ana Alija Fernández, Universitat de Barcelona Jessica Almqvist Autonóma, University of Madrid Alessia Alvino Olufemi Amao, Sussex Law School, University of Sussex Cesla Amarelle, Université de Neuchâtel Deborah Anker, Harvard Law School (for identification purposes only) Maria Jose Añon, University of Valencia (Spain) Betsy Apple, Columbia University, School of International and Public Affairs Maria Chiara Arca, ASGI Sabrineh Ardalan, Harvard Law School (for identification purposes only) Engin Arslan Altadvocaten, immigration lawyers Bojana Asanovic, Lamb Building Richard Ashcroft, Queen Mary University of London Mariano Aznar, Universitat Jaume I Nika Bacic Selanec, University of Zagreb, Faculty of Law Başak Bağlayan, Luxembourg University Cecilia Bailliet, University of Oslo Edlira Baka-Peço, Albania Asli Bali, UCLA School of Law Alessandra Ballerini, Studio Legale Anna Baracchi, ASGI Marija Bartl, University of Amsterdam Tugba Basaran, University of Kent Marie-Laure Basilien-Gainche, University Jean Moulin Lyon 3 Jurgen Bast, University of Giessen Céline Bauloz, University of Fribourg Moritz Baumgärtel, Université Libre de Bruxelles Francoise Baylis, Dalhousie University Ana Beduschi, University of Exeter Daniel Behn, PluriCourts, University of Oslo Jessica Benvenutti-Houriez, Avocats sans Frontières Sarah Berger Richardson, Faculty of Law, McGill University Maria Bexelius, Uppsala University Kinnari Bhatt, University of Greenwich, School of Law Anouk Biersteker, Vrije Universiteit Eirik Bjorge, University of Oxford Erik Stefano Carlo Bodda, Bodda & Partners Law Firm Pieter Boeles, VU University Amsterdam Lianne Boer, VU University Amsterdam Alan Bogg, University of Oxford Syd Bolton, Child rights lawyer Blaine Bookey, Center for Gender & Refugee Studies Florian Borg, SAF Rada Boric, Centre for Women's Studies Marcel Bosonnet, Rechtsanwalt Mary Bosworth, University of Oxford Samuel Boutruche, UNHCR Caterina Bove, ASGI Bill Bowring, Birkbeck College, University of London Martha Bradley, University of Pretoria Eva Brems, Ghent University Anna Marie Brennan, University of Liverpool John Brick, Johnston Solicitors Catherine Briddick, University of Oxford Evelien Brouwer, VU Universiy Amsterdam Eddie Bruce-Jones, Birkbeck College School of Law Arthur Brunner, University of Zurich Giovanni Carlo Bruno, National Research Council of Italy Kim Shayo Buchanan, University of Southern California Johannes Buchheim, Yale Law School Andrea Buffa, Arci - L'altro diritto Roberta Buhagiar, UNHCR Karin Buhmann, Copenhagen Business School Dawid Bunikowski, University of Eastern Finland, Law School Gian Luca Burci, Graduate Institute of International and Development Studies Michelle Burgis-Kasthala, University of Edinburgh Laurence Burgorgue-Larsen, Ecole de droit de la Sorbonne (Paris 1) Brian Burns, Burns Kelly Corrigan Solicitors Christine Byron, Cardiff University Jessica Cabot, University of Connecticut School of Law Chiara Calderoni, ASGI Andrea Caligiuri, University of Macerata Andrea Callaioli, lawyer in Pisa Meghan Campbell, University of Oxford Simon Caney, University of Oxford David Cantor, University of London Tamara Ćapeta, University of Zagreb, Faculty of Law Francesca Capone, Scuola Superiore Sant'Anna Gerarda Carbone, associazione di volontariato Luciana Carnevale, coop sociale intesa, Como Judith Carter, Liverpool University Law Clinic Joshua Castellino, School of Law, Middlesex University, London Arthur Augusto Catraio, University of Paris 1 Pantheon-Sorbonne Leonardo Cavaliere, MSNA (Minori Stranieri Non Accompagnati) Andres Ceballos Cabrillo, Abogado Grazia Cesaro, UNCM Parosha Chandran, 1 Pump Court Cambers Violeta Chapin, University of Colorado Law School Joyeeta Chatterjee, McGill University S Chelvan, No5 Chambers Mindy Chen-Wishart, Merton College, University of Oxford Vincent Chetail, Graduate Institute of International and Development Studies Bhupinder Chimni, Jawaharlal Nehru University Lydia Chiotaki Ryoa Chung, Université de Montréal Rosanna Ciaceri, Ass.ne Immigrati Cittadini Ioana Cismas, University of Stirling Marta Clapés, ACDDH/AED Yvonne Coenders, Cirkel Advocaten Richard Collins, University College Dublin Esmeralda Colombo, University of Bergen & Columbia University Elena Consiglio, CLEDU (legal clinic for human rights), University of Palermo Mariella Console, ASGI Leiry Cornejo Chavez, European University Institute Galina Cornelisse, VU University Claudio Corradetti, University of Oslo Fulvio Cortese, University of Trento Catherine Cosgrave, Immigrant Council of Ireland Independent Law Centre, Dublin Nicola Countouris, UCL Simon Cox, Doughty Street Chambers Sarah Craig, University of Glasgow Evan Criddle, College of William and Mary Marianna Crippa, ASGI Anthony Cullen, School of Law, Middlesex University, London Joshua Curtis, Free University Berlin Federica D’Alessandra, Carr Center for Human Rights Policy, Harvard University (for identification purposes only) Cristiano