EU intervention at UNHCR on protection of refugees

Reception

Mr. Chairman,

The European Union agrees with the analysis of the international legal framework as set out in the note. As you know, Mr. Chairman, the Council of the European Union is presently discussing the Commission proposal for a Directive relating to the determination of minimum standards on the reception conditions of asylum seekers in the European Union. Some of the purposes of this harmonization process are to reach comparable and dignified living conditions for asylum seekers in all Member States and to avoid secondary movements of asylum seekers within the Union.

Mr. Chairman,

This process of harmonization has just started. It is not a simple exercise but a necessary one towards a common European asylum system. In this system, asylum seekers should have access to lodging, clothing, food and at least emergency health care throughout the asylum procedure. Asylum seekers should be entitled to a stay in dignity, in keeping with the humanitarian and human rights traditions of the Member States, and respect for family life should be observed. Children seeking asylum should have access to education throughout the asylum procedure. Detention of asylum seekers simply because they are asylum seekers must not occur. In those exceptional cases where detention is applied, basic values and humane conditions should be respected. Furthermore, the European Union believes that it is necessary to create a receptive climate for refugees and asylum seekers in order to prevent racism and xenophobia.

The European Union wishes to express very clearly that the abuse of the asylum procedure and/ or of our reception systems may under no circumstance lead to a substandard reception of asylum seekers. Likewise, under no circumstances can basic rights be limited. The European Union is convinced that only an expeditious asylum procedure can limit the abuse of reception systems and of asylum procedures.

Nevertheless, it is essential to underline that the reception of asylum seekers is an element in the asylum migration nexus. Asylum seekers should be received in a decent way whilst trying to avoid creating an extra pull factor for secondary population movements motivated by economic or other reasons. This can be done, for instance, as we do, by regional harmonization of reception standards at an acceptable level and through sharing of responsibility and international solidarity.

Thank you Mr. Chairman.

Subsidiary protection

Mr. Chairman,

The European Union believes that Article 1A (2) of the 1951 Geneva Convention, as well as the Convention itself, remain the basis of the international protection system and are sufficiently flexible, full and inclusive to offer a guarantee of international protection to a significant proportion of those persons in need of it.

Refugees who meet the criteria established by the Geneva Convention must be protected under this régime and subsidiary protection can only be granted to those who do not meet these criteria but nevertheless need some kind of international protection.

The European Union wants to stress that subsidiary protection must be clearly distinguished from temporary protection. The Council Directive of 20 July 2001 defines very clearly the scope of temporary protection within the Union and reserves it for situations of mass influx.

We will study carefully the approach by UNHCR on a single procedure as an efficient way of determining all protection needs of the asylum seeker in a comprehensive manner. Some Member States apply this principle.

Mr. Chairman,

The EU Member States are Parties of the European Convention on the Protection of Human Rights and Fundamental Freedoms.

Article 3 of this Treaty contains an absolute ban on cruel, inhumane or degrading treatment. According to the jurisprudence of the European Court on Human Rights, a person who runs a personal, actual and serious risk of being treated in a cruel, inhumane or degrading way after removal, cannot be repatriated and is in most cases entitled to at least a de facto protection.

All Member States are obliged to apply this Article and if a rejected asylum seeker runs a personal, serious and actual risk according to Article 3 when being removed to a situation of generalized violence, he will not be removed.

Between the various Member States, there are differences between the content and the way in which this protection is organized. Very recently, the European Commission adopted a proposal for a Council Directive including minimum standards for subsidiary forms of protection. Discussions between Member States will be initiated on this topic. The European Union is willing to enter into consultations with a view to a possible EXCOM conclusion on subsidiary/complementary forms of protection.

Thank you Mr. Chairman.

Strengthening protection

The European Union subscribes to the contents of the note elaborated by UNHCR and will continue its efforts together with UNHCR. The proposed follow-up activities by the UNHCR are supported by the European Union. Member States will continue their efforts within the EU framework and bilaterally in this area. Our experiences with twinning projects are very good and we want to recommend this method as an effective tool of building capacity.

We warmly welcome the excellent catalogue, as set out in Annexes I and II of the basic document, for the purpose of implementing comprehensive strategies to strengthen capacities.

Within the European Union a special forum has been created, the High-Level Working Group on Asylum and Migration, which is responsible for developing Action Plans and partnerships. The overarching principle for developing these Action Plans for and partnerships with various countries is that asylum and migration issues are dealt with through a comprehensive approach with a close connection to capacity building. Efforts by the European Union have so far focused on three main areas: legislative reform, institution building and transfer of knowledge.

We believe that asylum capacity building may benefit from being a part of the broader migration capacity building framework. In this context we would like to see UNHCR to continue and to strengthen its collaboration with relevant partners, including IOM.

Thank you Mr. Chairman.

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• Intervention de l'UE à la UNHCR pour les réfugies (12/12/2001)