Not yet a Common Asylum Policy of the EU but an External One

Transcription

1 Not yet a Common Asylum Policy of the EU but an External One Ayselin YILDIZ, PhD (Yaşar University, Izmir) CES-METU March 21st, 2016

2 OUTLINE Overview: EU s A2empts for a Common Asylum Policy ExternalizaBon of Asylum Policy towards third countries EU-Turkey RelaBons: Lessons from Refugee Crisis Concluding Remarks

3 Common European Asylum System (CEAS) since 1999 Improve legislabve framework Provide access to asylum procedures Ensure non-refoulement Provide dignified condibons for protecbon, detenbon Shared responsibility among members Prevent collecbve expulsion

4 CEAS Establishing a common asylum procedure and a uniform status for persons in need of internabonal protecbon that would be valid throughout the EU COMMON STANDARDS

5 Towards a Common Asylum System Maastricht Treaty (1992) Amsterdam Treaty (1997) Tampere European Council (1999) Hague Programme ( ) Stockholm Programme ( )

6 PosiBve Steps/ContribuBons QualificaBon DirecBve 2011/95 EU Long-Term Residents DirecBve 2011/51/EU RecepBon CondiBons DirecBve 2013/33 EU Asylum Procedures DirecBve 2013/32/EU Dublin RegulaBon (EC) 343/2003 Eurodac RegulaBon (EC) 2725/2000 InsBtuBonalizaBon: FRONTEX, EUROPOL, EUROJUST, CEPOL, EASO

7 Cecilia Malmström (2014) We were not fully sa2sfied with the outcome because these laws were in many ways a half-hearted effort. They were adopted by unanimity of member states, which meant that every member state could insist to have their specific provisions in. In the end, the laws became a Christmas trees, heavy with unwanted decora2ons. As you as prac22oners well know, they were full of ambigui2es and loopholes.

8 Challenges for the EU Asylum flows are not constant and they are not evenly distributed across the EU Not all the MS offers internabonal protecbon with the status of refugee

9 DE FR SE UK BE CH BG DK IT NO NL EL FI ES RO PL HU MT IE LU CZ CY SI EE PT HR LT LV SK Refugee Humanitarian Status Subsidiary ProtecBon Rejected Source: Eurostat data as of

10 Rese2lement rates (Uneven share of responsibility) Source: Eurostat data as of

11 Failure to realize the principles of solidarity and fair sharing of responsibility

12 Increasing a2empts of the EU to externalize its immigrabon policy towards non-eu member states during 2000s. Enlargement Security Changing Security Concerns Development Need for labour migrant

13 INTERNAL-EXTERNAL SECURITY NEXUS Concept of internal security cannot exist without an external dimension, since internal security increasingly depends to a large extent on external security (European Internal Security Strategy, 2010)

14 ExternalizaBon of EU Asylum Policy 1. Sustainability of the European area of freedom, security and jusbce 2. SBmulate legal migrabon and contribute to the EU s development cooperabon

15 Lisbon Treaty (ArBcle 2) The Union shall offer its ci2zens an area of freedom, security and jus2ce without internal fron2ers, in which the free movement of persons is ensured in conjunc2on with appropriate measures with respect to external border controls, asylum, immigra2on and the preven2on and comba2ng of crime.

16 Approaches on ExternalizaBon of EU Asylum Policy Remote Control Root Cause Security based and reacbve RestricBng the movement of people ReadmiBng migrants Development based and proacbve PrevenBve in nature EliminaBng push factors Combanng irregular entry Provision of development aid

17 Key Policy Documents Global Approach to MigraBon (2005) Global Approach to MigraBon and Mobility (2011) promo2ng interna2onal protec2on and enhancing the external dimension of asylum policy European Agenda on MigraBon (2015)

18 ExternalizaBon of EU Asylum Policy Tampere European Council Seville European Council (2002) The Stockholm Programme ( )

19 Tool of EU Asylum Policy ExternalizaBon Keeping & shiqing asylum applicabons out of Europe PromoBng regional protecbon programmes&recepbon centers Return to safe third country and first asylum country Readmission Agreements

20 EU s Asylum PracBces TradiBonal New Access to Asylum GranBng ProtecBon Abstaining from expulsion Shiq asylum app. outside EU Build protecbon capacibes Deterrent mechanisms Difficult to access and appeal asylum

21 Durable SoluBons: 1. Return 2. Local IntegraBon 3. Rese2lement in a third country

22 Two cribcal concepts for transit countries Safe Third Country First Country of Asylum

23 Safe Third Country.where the person has not already received protecbon in the third country but the third country can guarantee effecbve access to protecbon to the readmi2ed person. (EU Direc2ve 2013/32 Ar2cle 35)

24 Safe Third Country A third country can only be considered as a safe third country for the purposes of paragraph 1 where: (a) it has rabfied and observes the provisions of the Geneva ConvenBon without any geographical limitabons (EU Direc2ve 2013/32 Ar2cle 39/2)

25 First Country of Asylum.where the person has been already recognised as a refugee in that country or otherwise enjoys sufficient protecbon there (EU Direc2ve 2013/32 Ar2cle 35)

26 Consequences for Transit Countries Serious humanitarian, economic and social challenges Risk of being transformed into a dumping ground or buffer zones for the EU s unwanted refugees Risk of becoming desbnabon countries for refugees.

27 Number of registered Syrian refugees ,715, ,067, , , ,512 Turkey Lebanon Jordan Iraq Egypt Source: UNHCR, 2016

28 Is it Syrian Refugee Crisis?

29 Total Number: Source: DGMM, 2016

30 Data from Turkish Coast Guard

31 Legal Framework New Law: Foreigners and InternaBonal ProtecBon (2013) DirecBve on ImplementaBon (March 17, 2016) Turkey offers the status of: Refugee CondiBonal Refugee Subsidiary ProtecBon Geographical limitabon

32 Turkey s Policy Response to Syrian Refugee Crisis

33 Turkey s Policy Response to Syrian Refugee Crisis Open-border policy since 2011 Extends protecbon to all Syrians Ensures non-refoulement Accept at the border 25 camps: Syrians, Iraqis Non-camp Syrians: 2.2 million RegistraBons and UNHCR s Role Spending: 6.7 million USD

34 Temporary ProtecBon Regime 2014 RegulaBon on Temporary ProtecBon Provides protecbon, shelter, ensures nonrefoulment, Assitance for the camp and non-camp ones Access to educabon and health services, challenges in the field In line with UNHCR s Guide on Temp.ProtecBon Prolonged regime: Approached its limits, challenges

35 Shortcomings of temporary protecbon: Maximum Bme limit Access to asylum Service-based approach rather than rights-based approach

36 Hospitality and solidarity among Turkish society are appreciated / GraBtude of Syrians Long-term? Urgent need for integrabon policies Work permit is a posibve step Future prospects? Temporary or Permanent? Return?

37 EU-Turkey Deal Legally and ethically fatal, non-compliance with the laws Rights to claim asylum? Responsibility to rese2le, durable solubons? CollecBve expulsion? DetenBon of people against their will? Return, non-refoulement? Outsourcing responsibility for refugees? Safe third country? Membership condibonality replaced by migrabon pragmabcality

38 Concluding Remarks I Increasingly restricbve measures rather than protecbon-not a common but an external asylum policy Focus on control rather than protecbon PromoBng Regional ProtecBon Programmes, Durable SoluBons and RecepBon Centers Shiqing asylum applicabons out of Europe, refugee status determinabon Return to Country of first asylum Return to safe third country High risk of human rights abuses and refoulement

39 Concluding Remarks II Keeping geographical limitabon? Lessons from Syrian case/safe third country/first asylum country A buffer zone or gate keeper of the EU? Burden sharing or burden shiqing? Security aspect? IntegraBon of se2led migrants? What about new flows? Values, norms? Membership condibonality?

40 The European Union s Immigration Policy: Managing Migration in Turkey and Morocco. Palgrave Macmillan, June 2016