Humanitarian Admission Programmes in Europe
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MARCH 2018 HUMANITARIAN ADMISSION PROGRAMMES IN EUROPE Expanding complementary pathways of admission for persons in need of international protection ERN+ Scoping Paper + ys r legal pathwa othe The European Resettlement Network is a joint initiative coordinated by the International Organization for Migration (IOM), the International Catholic Migration Commission (ICMC), and the Office of the United Nations High Commissioner for Refugees (UNHCR). Its current project, co-funded by the European Union under the Asylum, Migration and Integration Fund (AMIF), supports the further development of resettlement and complementary forms of admission to the EU for those in need of international protection. The content and conclusions of this paper can- not necessarily be taken to represent the positions of each coordinating organisation, but serve to contribute to the debate on expanding the provision of protection-sensitive, sustainable European pathways of admission for refugees. This document was produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union. Published by the European Resettlement Network, www.resettlement.eu Editors: IOM, ICMC Europe, UNHCR. Designed by Crossmark.be, Belgium. © IOM, 2018, in the framework of the European Resettlement Network project (coordinated by ICMC, IOM & UNHCR). All rights reserved. No part of this publication may be reproduced, stored in retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permis- sion of the publisher. Foreword Foreword There are more than 65 million people forcibly displaced have voluntarily pledged to receive refugees through in the world as a result of violent conflict and persecu- resettlement.2 However, statistics show that Europe’s tion. More than 22 million of these are refugees in need contribution to global resettlement remains modest, with of protection. With limited opportunities for voluntary just 18,175 refugees resettled to the European Union repatriation and local integration, and few spaces made (EU) and Associate Member States in 2016.3 While the available for resettlement, other solutions for refugees in EU is working towards the establishment of a Union the form of safe and legal pathways of admission to third Resettlement Framework (URF), it remains to be seen countries represent both a vital protection tool for those to which extent this will lead to a tangible increase in the who need it most and a tangible way to show solidar- number of refugees resettled to Europe. ity and share responsibility with countries hosting large numbers of refugees. Establishing safe and legal pathways of admission to complement resettlement programmes is therefore an UNHCR estimates that 1.2 million refugees worldwide essential step towards securing a meaningful response will be in need of resettlement in 2018.1 While the to the current unprecedented global displacement need for resettlement of Syrians remains substantial, situation. at 40% of total projections, there are large numbers of other refugee populations in protracted or large-scale The need to provide increased and complementary displacement situations who are also in need of resettle- pathways for refugee admission is reflected in the New ment, including in several African countries. Without York Declaration for Refugees and Migrants, which was viable alternatives, many refugees are choosing to move adopted by all 193 Member States of the United Nations onwards, including along the Central Mediterranean at the UN General Assembly in September 2016. route, across deserts and on dangerous sea journeys Countries, including the Member States of the European made in an effort to reach safety. There is therefore an Union, expressed their intention to “expand the number urgent need to establish new and additional opportuni- and range of legal pathways available for refugees to ties to provide protection to refugees, while continuing be admitted to or resettled in third countries.” 4 In addi- to expand and strengthen resettlement, and to develop tion to resettlement, a number of forms of admission further possibilities for refugees’ safe and legal admis- can make this goal a reality, including community-based sion to countries that have the capacity to provide this private sponsorship programmes, scholarships and protection and to offer the conditions to lead productive visas for students, and the expansion of humanitarian and full lives. admission programmes.5 Partnerships between govern- ments, international organisations and civil society are In Europe, some progress has been made in expand- ing both the number of countries resettling as well as the places made available on an annual basis. Since 2 The increase in the number of EU countries running resettlement July 2015, an unprecedented number of countries programmes is due, in large part, to the agreement of 27 EU Member States, Iceland, Liechtenstein, Norway and Switzerland in July 2015 to resettle 22,504 persons under the Conclusions of the Council of the European Union 3 Persons resettled to the EU, Iceland, Liechtenstein, Norway and Switzerland. Eurostat data on resettled persons by age, sex and citizenship, annual data (rounded) (11/07/2017). For context, a total of 125,835 persons were actually resettled globally in 2016, with the United States of America taking 78,340 and Canada 21,838 (see UNHCR Projected Global Resettlement Needs 2018) 4 United Nations New York Declaration for Refugees and Migrants, A/ 1 See UNHCR, Projected Global Resettlement Needs 2018, 12-14 RES/71/1, para 77 June 2017. 5 Ibid, para 79 3 Foreword indispensable to expand and develop such pathways, legal pathways of refugee admission to the EU,8 the aim and several important initiatives are currently being of these papers is to advance some key considerations undertaken in this respect. with respect to different complementary pathways which the European Resettlement Network identifies as having Over the last six years, the European Resettlement potential for development in the European context. To do Network (ERN)6 has worked to develop and strengthen this, the papers draw on existing examples of admission resettlement programmes in Europe by connecting programmes for refugees in Europe and elsewhere to a variety of actors involved in refugee resettlement. present a first exploration of new and relevant initiatives. Recognising the need for new approaches, since 2016 the ERN has broadened its scope of activities to include As the publications demonstrate, pathways of admission research on complementary pathways of admission to for refugees often have commonalities and can even Europe for refugees. directly intersect. As such, no one model for comple- mentary pathways can be considered in isolation, and This paper accompanies two parallel publications on programme definitions and priorities differ according private/community-based sponsorship and on student to a range of political and legal factors, as well as the scholarships for refugees,7 published under the activi- potential for partnerships with civil society organisations ties of the EU-funded ERN+ Project: Developing and other non-governmental actors. The publications Innovative European Models for the Protection aim to further guide discussions with a variety of rel- of Refugees and Providing Support to New evant stakeholders, leading to more extensive feasibility Resettlement Countries. As limited research has been research proposing recommendations for the develop- conducted on the potential for complementary safe and ment of such pathways in the EU9. International Catholic Migration International Organization Office of the United Nations High Commission (ICMC) Europe for Migration (IOM) Commissioner for Refugees. (UNHCR) 8 Migration Policy Institute has nonetheless addressed this subject in recent publications such as: No Way Out? Making Additional Migration Channels Work for Refugees, 2016, Elizabeth Collett, Paul Clewett, and Susan Fratzke; and Tracing the Channels Refugees use to Seek Protection in Europe, 2017, Susan Fratzke and Brian Salant. 9 Detailed feasibility studies on community-based private sponsorship, 6 www.resettlement.eu humanitarian admission programmes, and on study opportunities for 7 The papers are available at www.resettlement.eu refugees will be available from spring 2018 at www.resettlement.eu 4 HUMANITARIAN ADMISSION PROGRAMMES IN EUROPE Table of Contents Table of Contents Foreword 3 3. Key components, considerations and safeguards for Humanitarian Admission Programmes 20 Table of Contents 5 3.1. Key components . 20 3.2. Eligibility, referral and selection . 20 1. Introduction 7 3.3. Legal status and essential rights. 21 1.1. The Need for Complementary Pathways . 7 3.4. Integration support . 22 1.2. Context . 7 3.5. Funding . 23 1.3. Humanitarian Admission Programmes as 3.6. Stakeholders and programming . 23 a pathway for admission and protection . 9 4. Considerations on the path to expanding 2. Humanitarian Admission Programmes in Humanitarian Admission Programmes 24 Europe 10 4.1. Ensuring complementarity and 2.1. Austria . 10 additionality to resettlement . 24 Initial Observations . 12 4.2. Protection considerations . 24 2.2. Germany . 12 4.3. Integrity and safeguards . 25 Initial Observations . 15 4.4. Non-discrimination . 25 2.3. Other Programmes . 15 4.5. Predictable and secure status . 25 The United