‘Europe must remain a continent of asylum’

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Series Details Vol.12, No.9, 9.3.06
Publication Date 09/03/2006
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Date: 09/03/06

Europe "is and must remain a continent of asylum", the United Nations High Commissioner for Refugees Ant-nio Guterres said on a recent visit to Brussels.

The UNHCR feared that a law approved by EU justice and interior ministers in December would lead to breaches of the 1951 Refugee Convention, the cornerstone of international asylum law.

The former Portuguese premier insisted that the development of a common EU approach to asylum matters "should not lead to a lowering of standards, to a convergence around the lowest common denominator".

The new EU law, the asylum procedures directive, contains provisions for systematically rejecting applications for asylum from citizens of countries deemed as "safe". Disputing the contention that parts of the world can be designated as free from persecution, the UNHCR has said there is a "real danger" that the law will lead to people being expelled to countries where they will face torture.

In late February, the European Parliament's civil liberties committee decided to refer the law to the European Court of Justice.

MEPs were angry that the Council of Ministers approved the directive without taking on board any of the 174 amendments sought by the assembly a few months previously. Although the Council needed only to consult MEPs on the dossier and was not obliged to take their views into account, many deputies were determined that it should not be allowed to dismiss their opinions.

German Social Democrat Wolfgang Kreissl-Dörfler, author of a report on the directive, complained that EU governments "never took our views on this directive seriously".

"That was a clear mistake," he added. "The rights of refugees must be respected."

Aides to Franco Frattini, the European commissioner for justice, freedom and security, have voiced unease that a deal hammered out by the Council will lead to a weaker system of protection than the one it had suggested when it proposed the directive in 2000. But officials working for the UK government, which brokered the deal in December, have described it as a good compromise.

Despite the legal challenge, justice and interior ministers have held discussions in the past few weeks about drawing up a list of 'safe' third countries. An initial list considered at a meeting in February was largely limited to African and Latin American countries such as Tanzania, Senegal, Botswana, Benin, Costa Rica, Cape Verde, Ghana, Mali, Mauritius and Uruguay, prompting queries about why the US had been omitted.

Frattini has asked EU member states to provide him with information on countries that could be assessed for inclusion on a 'safe' list by this week. After studying the responses, he will then propose a new list in April.

Article features comments by the UN's High Commissioner for Refugees, former Portuguese Premier António Guterres, on the European Union's Asylum Procedures Directive, adopted by the Council on 1 December 2005. In late February 2006, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs decided to refer the law to the European Court of Justice. The Council of Ministers had approved the Directive without taking on board any of the 174 amendments sought by the European Parliament.
Article is part of a European Voice Special Report, 'Migration policy'.

Source Link http://www.european-voice.com/
Related Links
European Commission: PreLex: COM(2000) 578: Proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status http://ec.europa.eu/prelex/detail_dossier.cfm?CL=en&ReqId=0&DocType=COM&DocYear=2000&DocNum=0578
European Commission: DG Justice, Freedom and Security: Documentation Centre: Asylum http://ec.europa.eu/comm/justice_home/doc_centre/asylum/doc_asylum_intro_en.htm

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