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(Brussels) – A European Union The migration meeting scheduled for October 8, 2015 should focus once again on shifting responsibilities from EU governments for refugees and asylum seekers to their neighbors, Human Rights Watch said today. ‘today.
The October 8 high-level conference on the Eastern Mediterranean-Western Balkans route is due to bring together the interior and foreign ministers of EU member states, as well as Turkey, Lebanon and the Jordan. The stated aim of the meeting is “to increase solidarity with those bearing the brunt of refugee flows from Syria” and to ensure “orderly management of refugee and migration flows along the route “.
“This summit underlines what we have witnessed repeatedly, that EU governments see countries outside the EU as the answer to the crisis,” said Benjamin Ward, deputy director of the Europe and Central Asia division at Human Rights Watch. “But Turkey is already hosting almost 2 million Syrians with temporary protection that does not guarantee secure refugee status, while Serbia and Macedonia are clearly unable to cope with current numbers even for short periods.”
Laudable efforts to strengthen the capacities of third countries to fairly treat and humanely receive asylum seekers are a long-term effort, Human Rights Watch said. It should be seen as a complement to EU efforts, not a substitute for EU governments acting in accordance with their obligations under international and European law.
The meeting comes amid growing concern that the EU wants to shift responsibility for asylum seekers to the Western Balkans and Turkey. A draft EU-Türkiye action plan published on October 6 includes “preventing uncontrolled migration flows from Turkey to the EU” as its main objective. Hungary has already designated Serbia as a safe third country and has started summarily returning asylum seekers there.
The EU’s response to the refugee crisis has been limited and has mainly focused on strengthening EU borders, keeping people in need of protection outside and tackling smuggling networks . On September 22, European Union interior ministers agreed to relocate an additional 120,000 asylum seekers from Greece and Italy to other EU countries, on top of the 40,000 agreed in July . EU governments have also agreed to resettle a small number of refugees from countries outside the EU.
Before asking other countries to do more, EU governments should underline their own responsibility, notably by taking steps to improve asylum and reception conditions in Member States, increasing responsibility-sharing and by offering more resettlement, Human Rights Watch said. The EU should also provide technical and financial support to increase the capacity of asylum systems in neighboring Western Balkan countries and significantly increase humanitarian aid to Turkey, Jordan and Lebanon.
The EU’s neighbors in the Western Balkans, notably Serbia and Macedonia, are unable to cope with flows of asylum seekers and migrants, most of whom enter these countries via Greece, an EU member state. EU. Human Rights Watch serious defects documented in 2015 with Serbia’s asylum and reception system, which since 2008 has only granted international protection to 42 people and failed to integrate those who were granted status.
Human Rights Watch has also documented serious police abuse and extortion by police against asylum seekers and migrants. The Serbian government denies all allegations of abuse and has failed to effectively investigate reports of police abuse, leading to impunity for crimes against asylum seekers and migrants .
A Human Rights Watch report published in September on police abuse and mistreatment of migrants and asylum seekers in Macedonia documented the dismal conditions and serious mistreatment of asylum seekers and migrants detained in the Gazi Baba immigration detention center in Skopje. Gazi Baba was closed for restoration work in June, but the Interior Ministry announced plans to use it in the future.
Amnesty International has raised similar concerns about the treatment of migrants in the Western Balkans in July, and the United Nations Committee Against Torture in May, Human Rights Watch said. The United Nations refugee agency (UNHCR), in its 2009 report on Serbia said it cannot be considered a safe third country to return asylum seekers to – a position the UNHCR maintains.
The draft EU-Turkey Action Plan includes a series of measures aimed at “preventing further arrivals of irregular migrants to Turkey and irregular departures of refugees and migrants from Turkey to the EU”. This would be achieved through the fight against smuggling and increased border control cooperation with EU member states, Greece and Bulgaria, among other measures. The plan also includes much-needed aid to Turkey to help it welcome Syrian and Iraqi refugees and step up its search and rescue operations at sea.
“The Action Plan’s call to prevent the arrival of irregular migrants in Turkey could easily be interpreted as a signal that the EU would be prepared to look the other way as Turkey prevents Syrians and Iraqis from crossing its border. border to request asylum, provided that Turkey cooperates. to stem the flow of asylum seekers into the EU,” Ward said.
Although some elements of the plan are positive, Turkey cannot be considered a safe third country, Human Rights Watch said. It maintains a geographic limitation of the 1951 Refugee Convention to refugees from Europe, making it impossible to grant refugee status to Syrians, Afghans and Iraqis in Turkey. Although it has been generous in welcoming Syrians under temporary protection, the situation for non-Syrians is much more precarious, and even Syrians are protected by discretion rather than by law.
The absence of a functioning asylum system capable of granting refugee status to non-EU refugees in Turkey also means that the return of asylum seekers to Turkey risks violating the principle of non-refoulement enshrined in the Refugee Convention, which prohibits the return of refugees. “in any way whatsoever” to places where their lives or freedom would be threatened. This also applies to indirect returns.
“While it is absolutely necessary to increase aid to Turkey, any EU plans to turn Turkey, Serbia and Macedonia into dumping grounds for asylum seekers would be deeply misguided and could cause serious problems. lives in danger,” Ward said. “The EU can do much to help Turkey and the Western Balkans bring their asylum systems and reception conditions into line with international standards, but these improvements must be made before we can expect They take on more responsibilities towards asylum seekers.
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