EUROPE S ROLE IN THE GLOBAL REFUGEE PROTECTION SYSTEM. The Way Forward. An Agenda for Change EUROPEAN COUNCIL ON REFUGEES AND EXILES

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1 EUROPE S ROLE IN THE GLOBAL REFUGEE PROTECTION SYSTEM The Way Forward An Agenda for Change EUROPEAN COUNCIL ON REFUGEES AND EXILES

2 The European Council on Refugees and Exiles (ECRE) is a pan-european network of refugee-assisting non-governmental organisations, concerned with the needs of all individuals seeking refuge and protection within Europe. It promotes the protection and integration of refugees based on the values of human dignity, human rights and an ethic of solidarity. AUSTRIA Asylkoordination Protestant Refugee Service Austria Protestant Relief Agency Austria AZERBAIJAN International Eurasia Press Fund BELGIUM Belgisch Comité voor Hulp aan Vluchtelingen/ Comité Belge d Aide aux Réfugiés Vluchtelingenwerk Vlaanderen Jesuit Refugee Service Europe CEC/CCME European Organisation BULGARIA Bulgarian Helsinki Committee Bulgarian Red Cross CROATIA Croatian Law Centre CZECH REPUBLIC Counselling Centre for Refugees Organisation for Aid to Refugees Sdruzen Obcanu Zabrajicij se Emigranty Counselling Centre for Integration DENMARK Danish Refugee Council FINLAND Refugee Advice Centre Finnish Red Cross FRANCE Secours Catholique Forum Réfugiés France Terre d Asile CIMADE GERMANY Arbeiterwohlfahrt Bundesverband Der Paritatische Wolfahrtsverband Gesamtverband Deutscher Caritasverband German Red Cross Diakonisches Werk der EKD Pro Asyl GREECE Greek Council for Refugees HUNGARY Hungarian Helsinki Committee Association for Migration Menedek IRELAND Irish Refugee Council ITALY Italian Council for Refugees Italian Consortium of Solidarity LITHUANIA Lithuanian Red Cross LUXEMBOURG Fondation Caritas Luxembourg MACEDONIA Association for Democratic Initiatives NETHERLANDS University Assistance Fund Dutch Council for Refugees Pharos NORWAY Norwegian Organisation for Asylum Seekers Norwegian Refugee Council POLAND Polish Humanitarian Organisation PORTUGAL Portuguese Refugee Council ROMANIA Romanian Forum for Refugees and Migrants Romanian National Council for Refugees RUSSIAN FEDERATION Memorial Human Rights Centre SERBIA & MONTENEGRO Alter Modus Group 484 Serbia & Montenegro Red Cross Society SLOVAKIA Slovak Humanitarian Council SLOVENIA Foundation Gea 2000 SPAIN Asociación Comisión Católica Espanola de Migración Comisión Española de Ayuda al Refugiado Comite Internacional de Rescate SWEDEN Caritas Sweden Save the Children Sweden Swedish Red Cross Swedish Refugee Aid SWITZERLAND International Catholic Migration Commission Schweizerische Flüchtlingshilfe/Organisation Suisse d Aide aux Réfugiés Swiss Red Cross UNITED KINGDOM Education Action International - RETAS Ethiopian Community Centre in the UK Immigration Advisory Service Immigration Law Practitioners Association International Rescue Committee UK Oxfam GB Refugee Action British Refugee Council Refugee Legal Centre Save the Children UK Scottish Refugee Council Welsh Refugee Council UNITED STATES OF AMERICA Hebrew Immigrant Aid Society ASSOCIATE MEMBERS Conference of European Churches International Council of Voluntary Agencies Lutheran World Federation Amnesty International Refugee Studies Centre, University of Oxford. This paper forms an introduction to ECRE s set of proposals entitled The Way Forward - Europe s Role in the Global Refugee Protection System. These proposals provide constructive recommendations on a number of topical refugee policy issues to positively influence the European debate on: improving refugee protection in regions of origin; developing European resettlement activities; creating fairer and more efficient asylum systems in Europe; improving refugee integration; the return of asylum seekers whose applications have been rejected. These proposals are available at: This overview paper has been written in the context of the European Union s Tampere Conclusions, as well as its Hague Programme which sets out the EU s plan for , and builds on the United Nations High Commissioner for Refugees Agenda for Protection. ECRE invites all those who play a role in political decision-making at the local, national and European level to engage with ECRE. If everyone works together - governments, UNHCR and nongovernmental organisations we are convinced that we can enhance refugee protection in Europe and the rest of the world. 2 3

3 An Agenda for Change Sharing responsibility Take the lead in promoting international solidarity and co-operation Take a fairer share of the global responsibility for protecting refugees Better share their responsibility between themselves Protection in regions of origin Strengthen protection in regions of origin Put human rights standards at the forefront of improving protection Improve protection in Europe as well as in other regions Resettlement Offer a long-term future to refugees through resettlement Start a national resettlement programme and expand existing schemes Establish a Europe-wide resettlement programme led by the European Union Develop resettlement as a complement rather than a substitute for existing asylum systems Access to Europe ECRE calls on the EU and Adapt border management to ensure access to Europe for refugees Create legal channels to enable refugees to travel to Europe all European countries to: Asylum systems Give every asylum seeker a fair hearing Invest in better decisions early in the asylum procedure Monitor decision-makers to ensure refugees receive protection Share the best practice, not the worst Integration Welcome refugees Celebrate cultural diversity Afford refugees similar rights to nationals Enable refugees to improve or adapt their skills from day one Return Ensure return is safe, dignified and sustainable Prioritise voluntary return over mandatory or forced return Only return people not in need of protection after a fair and thorough examination of their asylum claim Grant a legal status and rights to asylum seekers whose claims have been rejected but who cannot return Monitor returns systematically UNIVERSAL DECLARATION OF HUMAN RIGHTS PROTOCOL RELATING TO THE STATUS OF REFUGEES CONVENTION AGAINST TORTURE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 4 CONVENTION RELATING TO THE STATUS OF REFUGEES EUROPEAN CONVENTION ON HUMAN RIGHTS INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS 5

4 REFUGEE PROTECTION Together we can Refugees need protection People need protection if they are forced to flee their countries and cannot return due to fear of persecution. The right to seek and enjoy asylum is a human right. Refugees need protection with full respect for their fundamental rights and the opportunity to rebuild their lives. Co-operation is key The European Union should take a lead to ensure that refugees are protected in Europe. It should cooperate with governments outside of Europe to improve protection further afield. EU countries should work with international bodies, NGOs, refugees and wider civil society to find solutions that are better for refugees and the local communities in their host countries. protect refugees Europe must offer a safe haven to those in need of protection You cannot determine who is a refugee by how they arrive in Europe. European countries need to ensure that there are safe means for people to reach Europe and that their right to asylum is determined fairly. If a person is returned following a fair assessment that concludes they are not in need of protection, this must be done safely and with dignity. in Europe and beyond European societies should develop a positive approach to refugees Refugees are often skilled and resourceful people and can contribute positively if given the chance. But when a person flees their country, they leave their home and their support networks behind. They need to be offered support so they can build a new life and become part of their new community. Increase Europe s role in global refugee protection The majority of refugees remain close to their countries of origin. The European Union is influential in the global arena and must work to ensure refugees are protected in these regions. It must also help to tackle the problems that caused people to flee their home countries in the first place. Ensuring refugees are protected contributes to global stability. Panos pictures, Andrew Testa [...] at the end of 2003, there were 38 different protracted situations in the world, accounting for some 6.2 million refugees in total. [...] The consequences of having so many human beings in a static state include wasted lives, squandered resources and increased threats to security. Protracted refugee situations are symptomatic of political failures, neglect and unequal distribution of resources. UNHCR, June 2004 People flee for many reasons including war, generalised violence... conflict, torture, political repression... human rights violations 6 7

5 RESPONSIBILITY-SHARING Countries have a shared duty The EU needs to take the lead in promoting international solidarity and co-operation The European Union, with its considerable influence in the international community and its common human rights values, should set a positive example to the rest of the world, by not shifting the responsibility for protecting refugees to other countries inside or outside of Europe. Europe should take a fairer share of the global responsibility The majority of the world s refugees remain in mainly poor, developing countries that struggle to afford them protection. The EU can help to support refugees better and to find them durable solutions by, for example, allowing more refugees to settle in European states through resettlement schemes. European countries must better share the responsibility between themselves to protect refugees in Europe Differences between European countries make claiming asylum a lottery. The EU must take practical and financial measures to ensure that asylum systems throughout Europe offer high quality protection and that responsibility is more equally shared. A starting point should be the overhaul of the Dublin II Regulation the mechanism currently used to allocate which EU state is responsible for considering an asylum application. Refugee Action 8 P o o r, d e v e l o p i n g c o u n t r i e s s u p p o r t t h e v a s t m a j o r i t y o f w o r l d s r e f u g e e s. 70% P o o r, d e v e l o p i n g c o u n t r i e s s u p p o r t t h e v a s t m a j o r i t y o f w o r l d s r e f u g e e s. P o o r, d e v e l o p i n g c o u n t r i e s s u p p o r t t h e v a s t m a j o r i t y o f w o r l d s r e f u g e e s. Over 70 % of the world s refugees are hosted and supported by poor and developing countries Many states s h i f t responsibility for refugee protection onto each other. 9

6 PROTECTION IN REGIONS OF ORIGIN E L E M E N T S Help others to protect refugees O F P R O T E C T I O N : A guarantee of non-refoulement Economic, social & cultural rights Access to legal protection Civil & political rights Durable solution Europe should help strengthen protection in regions of origin Refugees mainly flee to neighbouring countries that often struggle to cope with the influx of people, who are frequently not granted their rights and are left with inadequate support for long periods of time. European states should help to build capacity in these regions through training and technical and financial assistance. Human rights standards must be at the forefront of improving protection European assistance should help ensure that people do not have to wait many years to gain access to proper protection and durable solutions. Governments in regions of origin should be encouraged to sign up to and comply with relevant international and regional treaties. Improve protection in Europe as well as in other regions The EU should set an example to the world through its refugee protection systems. Any support offered in other regions cannot substitute the obligations of European countries to protect refugees who make their own way to Europe. Finnish Red Cross No food and water Sexual violence No education = NO PROTECTION...no refugee should be required to wait five years or more to access all their protection rights and for a durable solution to become available, and no law or policy should create such an expectation. Europe is a region of origin The Way Forward. Europe s role in the global refugee protection system. Guarding Refugee Protection Standards in Regions of Origin, ECRE

7 RESETTLEMENT RESETTLEMENT = improved public understanding of refugees high-quality reception & integration protection of most vulnerable s h o w o f s o l i d a r i t y access to Europe Welcome the most vulnerable Offer a future to refugees Many refugees are in countries where they have no access to proper protection or a durable solution to their plight. Resettlement is one of the ways to offer protection and a secure future to refugees. It allows refugees to be transferred to a country, normally with permanent residence, where they have a chance to settle in safety. All European countries should have a resettlement programme Europe can and should resettle more refugees. All European countries should contribute to this and those that already have resettlement programmes should aim to fill their annual quotas and where possible expand them. Establish a Europewide resettlement programme led by the EU A European resettlement programme would increase the EU s strategic impact on global refugee protection. A collective programme would help more refugees, add value to national programmes and encourage governments in regions of origin to improve their asylum systems. Develop resettlement as a complement not a substitute to existing asylum systems The right to apply for asylum is guaranteed under international law. EU countries must ensure that the right to apply for asylum within their territories is upheld even where other opportunities for protection are offered through resettlement. Finnish Red Cross - Seppo Samuli : nearly 10 million refugees in the world fewer than 5000 resettled in Europe 12 13

8 ACCESS TO EUROPE Everyone has the right to seek and to enjoy in other countries asylum from persecution Article 14(1), Universal Declaration of Human Rights Borders with doors for refugees Adapt border management to ensure access to Europe for refugees Refugees travel by the same means as other migrants. States have a legitimate right to manage their borders, but methods employed to prevent unauthorised entry of migrants must allow for those seeking protection to be identified so they can claim asylum. Safeguards must be employed to ensure that asylum seekers are not returned to any country without having their claim examined within a fair process first. Create legal channels for people fleeing persecution to travel to the EU There are few regular ways for refugees to enter EU territory. This denies people their legitimate right to seek asylum and forces them to travel irregularly. It forces them to put their lives at risk and expose themselves to exploitation. EU states could improve this by lifting visa requirements for people from certain countries and offering humanitarian visas. istock images...i fear that it [the decline in the number of refugees] also reflects the barriers which have been erected by states seeking to deter and control irregular migration. These barriers are not necessarily aimed at refugees but they do not differentiate between them and other categories of people on the move Mr António Guterres UN High Commissioner for Refugees at the European Parliament, 21 February 2006 I t h a s b e c o m e e x t re m e l y d i f f i c u l t f o r re f u g e e s to reach Europe FINES ON AIRLINES VISA RESTRICTIONS INVESTMENT IN NEW DETECTION TECHNOLOGIES POSTING IMMIGRATION OFFICERS ABROAD COASTAL PATROLS NOT LETTING SHIPS DISEMBARK 14 15

9 ASYLUM SYSTEMS F A I R= Suspensive right of appeal Personal interview Access to impartial interpreter Access to UNHCR / NGOs Access to free legal advice Get decisions right first time Every person must have a fair hearing European states must ensure that all asylum seekers are given access to an asylum procedure on arrival and are allowed to stay until they have a final decision. All applicants, including vulnerable groups, must receive support to ensure a fair procedure. Invest in and improve decisions early on in the procedure European states should guard against a culture of disbelief and instead ensure that a thorough and objective examination of all asylum claims takes place. This is called frontloading. Operating fast-track procedures for certain types of applicant and reducing their rights not only risks sending people back to face persecution but can lead to delays and appeal hearings to correct mistakes. Monitor decisionmakers to ensure refugees receive protection Independent monitoring mechanisms should be set up to identify gaps in existing decision-making procedures and the appropriate training and extra resources needed to fill these gaps. Europe should share good practice not bad laws The development of a Common European Asylum System should enhance refugee protection. EU countries should use the process of harmonising their systems to ensure that no matter where a person applies for asylum in the EU they will receive the correct decision on their claim. They should work together with independent experts to improve asylum procedures and the quality of decision-making by sharing expertise, information and best practice. Scottish Refugee Council A person s chances of being recognised as a refugee can vary hugely according to the country, which forces people to travel or reside irregularly. For example, in 2004 the recognition rate in one country was 50%, but just 0.3% in another. EU country A - 50% EU country B - 0.3% In 2004, 18% of intial decisions were overturned at appeal in one EU country. The proportion of overturned decisions reached almost 50% for Somalis and Eritreans

10 INTEGRATION Europe should welcome refugees Integration is a two-way process. It begins the day a refugee arrives. Politicians and the media should promote positive attitudes towards refugees. If welcomed into society and made to feel part of it refugees can more easily invest in its future, which benefits the whole of society. They should also have the right to reunite quickly with their families. Invest early in new citizens Europe should celebrate cultural diversity Knowledge of and contact with different cultures within society, including dialogue between different religious groups, should be promoted. Refugees also need to be aware of and respect the common core values that underlie the cultures of democratic European countries. Refugees should have similar rights to nationals Giving refugees a secure legal status and a longterm residence permit is essential for them to gain the stability and security they need to re-build their lives. This would improve their access to socioeconomic rights and their freedom of movement. Refugees should also be able to participate in the political process and eventually acquire citizenship. Enable refugees to improve or adapt their skills from day one Many refugees have good qualifications and skills but employers currently miss out on their potential. To find suitable work refugees previous work experience and qualifications should be better valued. They should also be able to follow further training and education to update their skills and knowledge. It is particularly important to make language training accessible to all asylum seekers from day one. istock images POOR RECEPTION CONDITIONS NEGATIVE PRESS ISOLATION POOR HOUSING MOTIVATION EXPENSIVE TRAINING COURSES DISCRIMINATION SEPARATION FROM FAMILY FINANCIAL PROBLEMS NO GRANT FUNDING LONG RE-QUALIFICATION LOSS OF SKILLS NO WORK 18 POOR LANGUAGE TRAINING 19 UNDEREMPLOYMENT NO AFFORDABLE CHILD CARE MENTAL HEALTH PROBLEMS QUALIFICATIONS NOT RECOGNISED WORK EXPERIENCE NOT RECOGNISED

11 RETURN Support people to return safely Return should be safe, dignified and sustainable All returns should be carried out safely, respecting people s human rights and with the cooperation of the receiving government. Returning countries should coordinate returns, ensure that countries to which people are returned are stable and that they allocate resources to support the re-integration of people returning, where necessary. Prioritise voluntary return Return works best for everyone when a person wishes to go and no force or coercion is involved. Return is not voluntary if a person has no legal right to remain in the host country. Those without such a right should be supported to give their informed consent to return. If returns have to be enforced, detention should only be used as a last resort. Only return people not in need of protection after a fair and thorough examination of their asylum claim People who are returned following a wrong asylum decision, to a country in which they fear persecution, may face torture, imprisonment or even death on arrival. The human cost of a mistake is so great that any appeal must be decided before departure. Grant a legal status and rights to asylum seekers whose claims have been rejected but cannot return For some people return is not a humane option. In this case they should not be left in limbo but should be granted a legal status and rights in the host country. This should include particularly vulnerable people and those who have been resident for a long time. If a state cannot return a person for technical reasons, they should be granted at least a temporary legal right to remain. Monitor returns systematically States should always ensure that people have reached their destination safely and monitor the situation of people who have been returned systematically. This would provide a check on whether the decision to return was justified and also reassure people who may wish to return in the future. Panos Pictures, Tim A Hetherington GAGGING HANDCUFFING People must not be returned to face persecution. MORNING RAIDS MEDICATION 20 21

12 This overview is based on a series of ECRE papers titled: The Way Forward: Europe s role in the global refugee protection system, which set out concrete and detailed proposals on how the changes recommended can be achieved. The series consists of the following five papers: This publication has been made possible by the generous financial support of Scottish Refugee Council. 1. Guarding Refugee Protection Standards in Regions of Origin 2. Towards a European Resettlement Programme 3. Towards Fair and Efficient Asylum Systems in Europe 4. Towards the Integration of Refugees in Europe 5. The Return of Asylum Seekers whose applications have been rejected in Europe ECRE is grateful to the European Commission, UNHCR, the Joseph Rowntree Charitable Trust and the Oak Foundation for their support to ECRE s work developing its Way Forward proposals, on which this publication is based. OAK FOUNDATION 22

13 EUROPEAN COUNCIL ON REFUGEES AND EXILES Brussels office 205 rue Belliard, Box Brussels Belgium Telephone: +32 (0) Fax : +32 (0) euecre@ecre.be London office 103 Worship Street London EC2A 2DF United Kingdom Telephone: +44 (0) Fax: +44 (0) ecre@ecre.org