The asylum system (reception and asylum procedure) is under heavy pressure. Many ideas and propositions are formulated to absorb the increase of asylum applications. Propositions to prevent the migration of even more persons are multiplying.
Containment of migration?
Is it justified to take measures to contain or prevent refugees (in need of protection) to reach Europe? This is a possibility, but only if these measures are compatible with the fundamental rights established in international treaties (the Geneva Refugee Convention or the European Convention on Human Rights), in the Charter of Fundamental Rights of the European Union or the European Directives. The right to asylum must be safeguarded.
Conditions for safeguarding the right to asylum
This means among others:
- Pushback of migrants or boats is absolutely excluded. In this case, migrants are collectively sent back, without individual assessment of their need for protection. This is a basic infringement of many fundamental rights.
- Border controls can be reinforced and their organisation can be improved:
- As a result, persons who do not need protection, can be sent back more quickly. This may reduce the inflow of ‘economic’ migrants.
- But it remains absolutely necessary to assess the need of protection of every person arriving at the border. If there is a need for protection, the person must be admitted. Entrance into Europe cannot be refused to refugees (in need of protection) as a result of the strengthening of border controls.
- Sending back refugees to a third country (a country that is different from the country of nationality) is possible, but only if strict conditions are met. These conditions are mentioned in the definitions of ‘safe third country’ or ‘first country of asylum’ in the European Asylum Procedures Guideline. At present, these conditions are not met in countries such as Turkey or other neighbouring countries of Syria. However, it is possible at a later stage to aim at protecting or sending back refugees to Turkey or another third country. But to be able to do so, many measures must be realized to increase the level of protection in these countries. Such a policy will require a big investment (financial and political).
Need for a European policy
More than ever, a European policy is needed.
In short, the basic principles for a more effective European asylum policy are:
- The right to asylum, as established in the EU Charter and the European Directives, must remain the policy cornerstone. European Directives have developed a solid framework (with high-level standards) on which a harmonized European asylum system can be built. Rescue in the Mediterranean must be further guaranteed.
- Every Member State must assume full responsibility to develop an asylum system (reception and asylum procedure) in accordance with the conditions established in the European Directives. In that way, a harmonized European asylum system can be realized. With European support and, if necessary, with sanctions, Member States must be encouraged to assume their responsibility.
- Given the very high influx and the unequal distribution of the pressure on Member States, an efficient system of solidarity must be developed. As soon as possible, ‘hotspots’ must be set up in the countries at the external borders and a system of relocating refugees among all EU Member States must be organized. This will not be easy but it is absolutely necessary. These ‘hotspots’, coupled with the spreading of asylum seekers should guarantee a solid registration and screening at the external borders, as well as an efficient distribution of asylum seekers over the European Union. Without solidarity, it is impossible to realize a harmonized European asylum system.
- At the same time, further efforts must be made to develop an efficient return policy and to fight human trafficking and networks. But we also must be aware that it remains difficult to develop a policy with a high impact.
- It is time to develop a strong global policy aimed at:
- Strengthening protection in the regions where most refugees stay. This must be realized by strongly increasing financial support to organizations (such as the UNHCR) and Member States in these regions and by extending the resettlement policy.
- Eliminating factors that are pushing refugees to flee their country. There is no easy or effective solution in the short term. But in the long run, it is absolutely necessary to put much more effort into this. The elaboration of a global plan with and for Africa (a kind of Marshall plan?) must be examined. This is a necessity in view of the socio-economic situation in most African countries and the expected demographic evolution. If not, we can expect in a few years’ time (in 5 to 20 years) a migration flow from Africa which will be inconceivably bigger than the current influx into Europe.
A European plan
Last spring and during the past few weeks, the European Commission elaborated a plan (with a note presenting its vision) and propositions about possible measures. This is a good plan, based on a strong, thoughtful vision. The proposed measures are also good and solid. Hopefully, they will be approved and implemented without delay. But at the same time, we have to admit that more needs to happen:
- In the short term, much more needs to be done to strengthen solidarity (a relocation plan for a greater number of asylum seekers? A relocation plan for refugees?) and to stimulate Member States to assume their responsibility.
- In the long term, much more needs to be done to strengthen the global approach. The need is particularly high. The challenge is particularly huge. But delay is not an option. Otherwise, as is also the case with climate change, we risk to be confronted with even bigger problems than at present.