Human Rights Watch shares the concerns of the High Commissioner about the global refugee crisis. As we have repeatedly emphasized, the crisis is less one of capacity than of political will. EU Interior Ministers failed to reach consensus at their September 14, 2015 meeting on a proposal for mandatory distribution of asylum seekers or other steps to protect asylum seekers inside the EU and instead reiterated a focus on expedited returns, shifting responsibility to countries outside the EU, and countering smuggling networks.
It is easy to witness the images of barbed wire fences, police in riot gear, and xenophobic statements by political leaders about “swarms” of “marauding” migrants and ask: is this the best that Europe can offer? Yet, the warmth of ordinary citizens opening their hearts and their homes, donating food, toys and blankets, and holding welcome signs suggests that a more humane response is not only possible, it is an imperative, and that it is political leaders who can and must do better.
Human Rights Watch calls on all EU decision-makers at a minimum to support:
- More safe and legal channels for people to seek asylum or find refuge in the EU without resorting to dangerous routes and unscrupulous smugglers. This includes significantly increasing refugee resettlement from other regions of the world and greater avenues for family reunification.
- Fixing the EU’s broken asylum system. Despite common rules and standards, wide disparities exist among EU member states with respect to reception conditions, recognition rates, and integration measures. The European Commission should step up efforts to monitor and enforce standards, including through infringement proceedings. The European Asylum Support Office, the European Refugee Fund, and others should assist underperforming member states and states currently receiving the vast majority of new arrivals, to ensure proper reception conditions, correct, speedy, and transparent processing, and that the rights of asylum seekers and migrants are fully respected.
- Robust search and rescue operations in the Mediterranean. Stepped up efforts since May 2015 have made a difference – these efforts should be sustained over the long-term.
- A permanent relocation scheme to share asylum seekers across member states. This would help address fundamental distortions created by the Dublin Regulations that place the onus for processing asylum claims on the first EU country of entry. Dublin reform is vital so that responsibility is based on capacity and other relevant criteria rather than location, and takes into account the asylum seeker’s individual circumstances.
- Develop a list of “unsafe” countries whose nationals are presumed to need international protection. Applications could then be processed under streamlined procedures, which could help reduce growing backlogs in asylum systems, and harmonize EU governments’ approach to national groups at risk. Right now, the EU is focused on creating lists of “safe” countries to enable swift rejections and returns.
Yet the issue is not just a European problem: human rights abuses in countries of origin and transit have driven an unprecedented number of asylum seekers to risk their lives in search of safety, while people leaving for economic reasons who may not be in need of international protection are part of the mix as well. We urge governments around the world to respond to these crises with effective rescue operations, fair and efficient asylum procedures, ensuring the right to seek asylum both at land and sea borders, and humane treatment for all migrants. Higher pledges of support for UNHCR are needed, as are increased resettlement commitments by countries in all regions, and concerted action to address the root causes of dangerous migration. The Human Rights Council should consider a further urgent debate or a special session before more innocent lives are lost.
