Frattini set to postpone list of ‘safe countries’

Author (Person)
Series Title
Series Details Vol.12, No.22, 8.6.06
Publication Date 08/06/2006
Content Type

By Judith Crosbie

Date: 08/06/06

A controversial list of safe countries to which people applying for asylum can be sent back may not go before member states for approval until October.

The Commissioner for Justice, Freedom and Security Franco Frattini told a meeting of justice ministers last week that a new list would be drawn up which would include African, South American, Asian and Balkan countries.

But a spokesman for Frattini said it was "necessary to take time to prepare" a new list following recent opposition among fellow commissioners to a list of just seven African countries,.

The idea of a list has been discussed for some time and a separate draft drawn up by the Dutch presidency in November 2004 failed to get agreement among member states. Since then a directive on asylum procedures passed last December obliged the Commission to draw up a list of safe countries.

But it has still proved divisive among member states and within the Commission, and Frattini will take his time on compiling the new list, seeking ideas from governmental, non-governmental and Commission sources.

Some states such as Austria, the UK and Spain are supportive of the list and, according to one EU official, believe Frattini "blew it" by hastily compiling a list with states such as Mali, which has yet to outlaw female genital mutilation. The list also included Botswana, Ghana, Senegal, Benin, Mauritius, and Cape Verde, with the last three being the only ones which were not opposed either because of female genital mutilation or bans on homosexuality. "It is clear he never ever had a chance of passing it [in the Commission]," said the official.

Commissioners Margot Wallström, Louis Michel and Neelie Kroes were especially vocal against the composition of the list. "It shows the difficulty of preparing this list," said Frattini's spokesman.

Other member states, including Sweden, are totally against the list, with the Swedish parliament putting pressure on its government to oppose it since the United Nations High Commissioner for Refugees also disagrees with it.

Sweden is likely to be out-voted on the issue, though, since the decision will taken by qualified majority by justice ministers either in July or October.

But there is little indication that a bigger list would have any more luck than the previous smaller one. "The problem with a bigger list is the bigger the list the more chance there is of having countries deemed not safe on it," said one official.

Article reports on disagreement within the European Commission and among EU Member States on an EU list of 'safe countries of origin' to which people applying for asylum can be sent back. Consequently Franco Frattini, the responsible Commissioner, decided to redraft the list with a view to presenting it to Member States later in the year. Article 29(1) of the Directive on minimum standards for granting and withdrawing refugee status establishes that the Council shall, acting by a qualified majority on a proposal from the Commission and after consultation of the European Parliament, adopt a minimum common list of third countries which shall be regarded by Member States as safe
countries of origin.

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Related Links
European Commission: DG Justice, Freedom and Security: Asylum http://ec.europa.eu/comm/justice_home/fsj/asylum/fsj_asylum_intro_en.htm
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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