Asylum-seeker breakthrough unlikely

By David Cronin

Date: 16/10/03

IT SEEMS to be a classic case of jumping the gun.

EU leaders are due to give fresh impetus to work on sending back migrants to their countries of origin. But this political signal will be sent at a time when work remains deadlocked on devising Union-wide rules on what criteria asylum-seekers should fulfil before they can have a chance of being allowed to stay in the EU.

Greece sought to broker an agreement on the asylum qualifications directive during its EU presidency in the first six months of this year.

But these efforts failed, prompting Romano Prodi, the European Commission president, to urge that Italy make securing an accord on this law a priority of its own stint at the Union's helm.

German domestic political considerations have caused the impasse.

Even though the EU's biggest state was the third highest country in the industrialized world (behind only the UK and US) in the number of asylum applications it received last year, its legislation on migration is considered not sufficiently comprehensive by pro-refugee groups and Berlin insiders alike.

For that reason Germany has been unable to accept the proposed EU directive, as its refugee protection clauses would go further than those stipulated under German national law.

A particular sticking point is that the Germans have no provision for dealing with people likely to face persecution from "non-state actors' such as paramilitaries, whereas the draft EU directive covers persecution in such cases.

This deficiency was illustrated by the European Court of Human Rights in a ruling three years ago. Dealing with the case of a Sri Lankan man who had fled to Germany to escape the Tamil Tigers, the Strasbourg-based court found that sending somebody back to situations where they could face persecution breached the European Convention on Human Rights, irrespective of who the oppressor was.

Chancellor Gerhard Schröder's government has sought to remedy the legal shortcomings with a bill to cover cases of oppression by non-state actors or on grounds of religion, gender or sexual orientation.

However, the opposition Christian Democrats have blocked the law in the Bundesrat, the upper chamber composed of Länder representatives. Conciliation talks between the ruling coalition and its centre-right rivals are under way, with a view to reaching a compromise by the end of this year.

The Christian Democrats are seeking to alter the thrust of the bill, even arguing that its title should be changed from "migration law" to "control of migration law".

"The opposition needs an issue where they are really in opposition [to the government]," says a German government official. "And the migration law happens to be it. In a period of high unemployment and low economic output, the easiest thing to do is blame migrants and say that more migration would be bad for Germany."

This week's summit is not expected to bring about a breakthrough on the qualifications directive - although there is a possibility EU leaders will call on justice ministers to give greater urgency to overcoming the remaining obstacle to its adoption.

But the leaders are due to urge the Commission to devise a proposal on providing EU funding for sending back those who set foot on Union soil illegally, or those who have their asylum applications rejected, to their home countries.

They are also due to ask the Commission and Council of Ministers to identify the key priorities of an EU strategy for signing "readmission" accords with countries outside the Union by the spring of 2004.

Umbrella group the European Council and Refugees and Exile (ECRE) has argued it would be premature to fashion a return policy, at least until work on the qualifications directive has been completed.

However, the UN High Commission for Refugees (UNHCR) says it has no qualms about the idea of a return and "qualifications" being discussed in tandem. Its Brussels spokesman Diederik Kramers says return is a "clear consequence" of cases in which it is found that somebody is ineligible for asylum after he or she has been given all possibilities to explain the claim.

Nevertheless, the UNHCR has made known its reservations about the readmission accord signed between the EU and Hong Kong. It feels the agreement lacked sufficient safeguards to ensure people from Hong Kong entering the Union will not be sent home without at least having a chance of having their claims for asylum examined.

Kramers said the body is monitoring the readmission talks which the Commission is now undertaking with Russia, Ukraine, Albania and Pakistan, and is pushing for guarantees stating there will be no diminution of the right to apply for asylum.

Overall, the body argues that the primary goal of developing a common EU asylum policy should be to offer greater succour to victims of politically motivated persecution.

The qualifications directive, if implemented in its present form, would be a forward step. "But if we are to achieve harmonization, it must not be at all costs. The aim must be to maintain high standards," said Kramers.

The European Council in Brussels on 16-17 October 2003 is not expected to bring about a breakthrough on the asylum qualifications Directive. But leaders are likely to urge the European Commission to come up with a proposal on providing European Union funding for sending illegal immigrants and unsuccessful asylum-seekers back to their home countries