10 jaar Dublin


The Dublin Regulation: Ten years on, no protection in sight

 
An African refugee drinks a cup of coffee in a Budapest homeless shelter while pondering his future. © UNHCR/B.Szandelszky


Brussels, 18 February 2013 -- Today is the 10-year anniversary of the Dublin Regulation, an EU law that determines EU member state responsibility for assessing asylum applications.  For EU and national government policymakers, it may seem appropriate to commemorate the birthday of an EU law that that has become, in their eyes, the cornerstone of the Common European Asylum System.

But the Dublin Regulation has also drawn the ire of NGO and refugees alike. Countless reports have shown that ‘the Dublin system’, which mostly transfers asylum seekers to the first EU country they arrived to, is at odds with refugee protection.  

The European Council on Refugees and Exiles (ECRE) and Forum RĆ©fugiĆ©s are marking the Dublin Regulation’s birthday by releasing their own report entitled, Lives on Hold. It reveals the harsh consequences asylum seekers face as a consequence of the Dublin system: families are separated, people are left destitute or detained, and many cannot even access an asylum procedure.

Perhaps we are now reaching a tipping point in which it is obvious that the Dublin system does not work for asylum seekers; that to continue it defies both good sense and logic. It now seems so clear that the Dublin system is not a cornerstone of protection, but rather a cornerstone of confusion and adversity for most of these asylum seekers who experience it.

Worthy goal, unworthy implementation. The original intention of the Dublin system, to prevent asylum seekers in orbit, was and remains a worthy aspiration. There ought to be a system that ensures that asylum seekers are not ignored by governments.

But this worthy ideal went wrong in the implementation. It has made life extremely difficult for asylum seekers. In some instances the Dublin system has seriously violated their fundamental rights. Three examples show this.

First, despite the worthy goal, asylum seekers are still ‘in orbit’. Against all opposition they are trying to get to the EU member state they want to be in, or they are trying to escape from a member state where they do not feel protected. Our current research project on the Dublin Regulation is showing that, on average, people are making three to four journeys between EU countries. It is as if the more people are forced to be in a particular member state, the more likely they will try to go elsewhere.

Second, because of the Dublin system asylum seekers are not where they need to be. Many asylum seekers are forcibly separated from their families because of the Dublin Regulation, which is a gross violation of their fundamental rights.

To asylum seekers, ‘protection’ is not only a legal entitlement connected to the 1951 Refugee Convention. It is also about stability in the form of being with family and having access to appropriate housing and basic services. Asylum seekers go wherever they think they will feel the safest: where they know the language, or where they can find people of their nationality. Safety is where their family is, where they can live under a roof and be self-sufficient. Accessing this kind of safety is their central aspiration.

Third, most asylum seekers do not know about the one aspect of the Dublin Regulation that could improve their situation. These are articles 3 and 15 in the current regulation, known as the ‘humanitarian’ and ‘sovereignty’ clauses, respectively. Member states rarely use these clauses, even if families become separated as a result.

Even worse, member states are not providing information about these clauses to asylum seekers. To be ignorant of such an important piece of the regulation means that asylum seekers are fundamentally unable to fully participate in the Dublin process because they lack knowledge about aspects of the law that can guarantee and safeguard their fundamental rights. For member states, not informing asylum seekers of these clauses means that they cannot fully apprise themselves of the facts and circumstances of a person’s case that would warrant their usage.

Are there changes in sight? The ECRE/Forum RĆ©fugiĆ©s report notes that asylum seekers in the Dublin system are “frequently treated as a secondary category of people subject to fewer entitlements.” Sadly, this is a very true statement.

For years, Dublin asylum seekers have told JRS Europe that they feel like ‘banana crates’. They are tossed between EU countries with little to no care for their personal aspirations. They have become objectified.

The most alarming aspect of the Dublin system is that the confusion and adversity experienced by asylum seekers is caused for no discernible reason. The EU asylum system experiences no improvement. In any other sector, such a poorly performing policy would be scrapped.

However this year the European Parliament and Council of the EU will adopt a new Dublin Regulation. It contains many provisions that might reduce the adversities faced by asylum seekers. There will be a new ‘right to information’, obliging member states to more thoroughly inform asylum seekers and to give them leaflets. Asylum seekers will have better access to legal remedies, including opportunities to suspend a transfer if an asylum seeker appeals against it. Though JRS still worries that member states will continue detaining asylum seekers, at least the new regulation will contain clearer legal grounds for the use of detention. Importantly, member states will only be able to detain unless ‘other less coercive measures’ do not work. This means that detention cannot be a knee-jerk response to Dublin asylum seekers.

Notwithstanding these important changes, unless member states improve their asylum systems and the Dublin system better addresses people’s motivations and aspirations, then we will not have achieved a better protection system for those who need it.

-- Philip Amaral, Advocacy and Communications Coordinator, JRS Europe


Bron: http://www.jrseurope.org/news_releases/TheDublinRegulationTenYearsOnNoProtectionInSight_NEWS18022013.htm



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