Commission calls for greater solidarity over asylum-seekers

Last week’s (6 June) launch by the European Commission of a package of measures on the EU’s asylum system was politically timely.

Recent controversies over unprecedented numbers of Iraqis claiming asylum in Sweden and boat-loads of immigrants from Africa again making their way to Europe’s southern borders have highlighted problems with the current system.

The package had three components: a review of the ‘Dublin system’, which sets down rules for determining which EU state is responsible for an asylum-seeker, a green paper identifying gaps in achieving a common European asylum system and the extension of certain rights to refugees.

The Commission proposed changes to the Dublin system, which allows applicants to be sent back to the first EU state in which they arrived to have their claim heard. The changes seek to clarify where it applies to unaccompanied minors and that applicants identified for transfer to another EU state should only be detained in custody "as a last resort". Although groups representing refugees and asylum-seekers have welcomed the proposed changes, they see a fundamental problem with the Dublin system and have called for it to be scrapped altogether. Richard Williams, EU representative of the European Council on Refugees and Exiles, said that asylum-seekers should be allowed to make their applications in countries where they have family, community or language ties. Moving them from one EU state to another did nothing to help integration, he added. Countries spend millions of euros transferring applicants between countries, money which could be better spent on improving standards for asylum-seekers, said Williams.

Of the more than 40,000 transfers requested and accepted between EU states, fewer than 17,000 were carried out, pointing to a large number of people who avoid transfers. "The system generally encourages people to go underground. It’s in no one’s interest for people to go to ground - least of all the applicants themselves who can no longer access help and services - except governments concerned about numbers," said Williams.

The Dublin system is also said to be one of the reasons behind Maltese concerns over accepting people picked up by boats outside its search and rescue zone. Once they are taken in, the Maltese must process any asylum claims, which Valletta fears will over-burden its tiny system. "The Dublin system misses the point. There is no burden-sharing for asylum-seekers. Dublin is about burden-shifting," said Williams.

The green paper invites member states, non-governmental bodies and other interested parties to submit ideas on creating a common asylum system in the EU. Suggestions in the paper include a mandatory single procedure for determining asylum and greater harmonisation of how applicants are treated, for example on the right to work and access to material provisions. UNHCR, the United Nations’ refugees agency, says there is a need for greater harmonisation, given the large discrepancies between EU states on whether certain groups of asylum-seekers are given protection or not, how their claims are assessed and how they are looked after. But this shouldn’t mean a race to the bottom. "It is important that standards are raised and there are concerns about some gaps," said Madeline Garlick, a senior European affairs officer at UNHCR’s Brussels office. "UNHCR sees a need to avoid agreeing on the lowest common denominator."

The last proposal by the Commission gives hope to non-governmental organisations. Refugees and those given other forms of protection after five years will be allowed social and economic rights such as those held by other third-country nationals.

Williams says that the recent controversies over refugees and immigrants have raised awareness among member states. "Hopefully we will see some kind of burden-sharing agreed," he said. But despite the obvious gaps and problems with the current asylum system, tackling them may prove too controversial for member states. One Council of Ministers official said: "As far as solidarity between member states is concerned, it’s a bit of a one-way train."

Last week’s (6 June) launch by the European Commission of a package of measures on the EU’s asylum system was politically timely.