Asylum Policy in the EU

Paper Summary:

In this article, the writer notes that France will take the presidency of the European Union (EU) from July to December 2008. Priorities during this period include a "common pact on immigration and asylum" , which aims towards a greater harmonisation in these fields, but which does not mention enforcing a better respect of human rights. The writer points out that this issue triggers questions about the role of the EU as a global player in the field of human rights. Indeed, asylum - which refers to the protection granted by a foreign country to a person persecuted for political opinions or religious beliefs in its own country - is per se linked to human rights. However, current EU policies tend to criminalize migrants trying to enter and settle in "Fortress Europe", disregarding their reasons for migrating. The writer discusses that a new trend has recently been development in the management of asylum procedures: third countries have been listed as "safe", which implicitly means that they should not produce refugees and therefore that nationals of such countries who would yet claim asylum might not been "genuine" refugees. One can then wonder why the EU implements such a principle and what are the consequences on the new asylum procedures, as far as human rights are concerned. In this essay, the writer focuses on the implementation of the principle of "safe third countries" in the EU and the criticisms it raises.

Outline:
INTRODUCTION
I. CURRENT IMPLEMENTATION OF THE SAFE THIRD COUNTRY PRINCIPLE IN THE EUROPEAN UNION
A. BACKGROUND INFORMATION ON COMMON ASYLUM POLICIES AT EU LEVEL
1. International Legislation
2. EU Legislation
Before the Amsterdam Treaty (1999)
The Amsterdam Treaty
The Tampere Treaty and its Aftermath
The Hague Program (2004)
B. BACKGROUND INFORMATION ON THE NOTION OF SAFE THIRD COUNTRIES
1. Justification of the Principle of "safe third country"
2. European Vision of Safe Third Countries
Uses of Safe Third Country Principle in Europe
II. CRITIC OF THE SAFE THIRD COUNTRY PRINCIPLE
A. LEGALITY OF SAFE THIRD COUNTRY LISTS
1. Human Rights Issues in "safe" Third Countries
2. A Breach in the Geneva Convention?
B. NEGATIVE IMPACTS AND COUNTER-ACTIONS TAKEN BY NGOS TO FIGHT AGAINST THIS PRINCIPLE
1. Consequences of the Implementation of Safe Third Countries Principle
In the "Old Europe": Decreasing Rates of Asylum Claims in France
A New Burden for Bordering Countries of the EU and EU's Neighbours
2. Counter-strike of NGOS: Case Forum Refugies vs. OFPRA
CONCLUSION
Bibliography

From the Paper:

"To deal with asylum, it is necessary to remind some basic points of the Convention. Firstly, according to the 1951 Geneva Convention, to be granted refugee status, an asylum seek must lodge his/her claim in the State s/he wants to be recognize by, that is to say, s/he must have physical access to the territory of this State to start a procedure in which the validity of his/her claims can be assessed. Secondly, it is up to each State party to the convention to interpret the convention at its own discrepancy. Some States can be criticized for rejecting many asylum claims but that does not prove in itself a violation of the Convention, but rather a very strict interpretation. Thirdly, we need to remind ourselves that returning to their country of origin rejected asylum seekers and generally all irregular migrants not in need of protection is a difficult challenge. The procedures of detention, deportation and readmission have not been addressed by the 1951 Convention. Such measures depend on national or EU rules, but still should comply with international human rights standards. Both the overstaying and the removal of rejected asylum seekers create problems in terms of credibility and integrity of asylum systems. This is part of a wider debate on the balance of international cooperation and solidarity and control of migration fluxes."

Sample of Sources Used:

• UNHCR EXCOM, 'Refugees Without An Asylum Country', Conclusion No 15 (XXX), 1979.
• UNHCR, 'Background paper no. 1: Legal and practical aspects of the return of persons not in need of protection', May 2001.
• UNHCR, 'Background paper no. 2: The application of the "safe third country" notion and its impact on the management of flows and on the protection of refugees', May 2001.
• UNHCR, 'Background paper no. 3: Inter-State agreements for the re-admission of third country nationals, including asylum seekers, and for the determination of the State responsible for examining the substance of an asylum claim', May 2001.
• MARY, Jean-Francois (Rapporteur), Contentieux No 295443 "Association FORUM DES REFUGIES", CONSEIL D'ETAT, Seance du 16 janvier 2008, Lecture du 13 fevrier 2008

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