EU Asylum Policy: Closing the gap between rights and realities. Thomas Gammeltoft-Hansen Danish Institute for Human Rights

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1 EU Asylum Policy: Closing the gap between rights and realities Thomas Gammeltoft-Hansen Danish Institute for Human Rights

2 RELUCTANT HARMONISATION Dublin Convention: 1990 (entered into force 1997) Dublin II Regulation: 2003 Minimum standards directives EASO European Asylum Support Office: 2010 Second-generation directives: Dublin III Regulation: 2013

3 THE TWO TOWERS OF ASYLUM ADJUDICATION European Court of Justice Luxembourg European Court of Human Rights Strasbourg

4 FROM RIGHTS TO REALITIES

5 FROM RIGHTS TO REALITIES Greece Bulgaria Italy

6 FROM RIGHTS TO REALITIES Asylum applications to EU-27 ( ) (Source: Eurostat)

7 FROM RIGHTS TO REALITIES ASYLUM SEEKERS (2014 or latest) Germany Sweden Italy France United Kingdom Switzerland Belgium Hungary Austria Netherlands Denmark Norway Bulgaria Greece Poland Spain Finland Malta Cyprus Romania Ireland Czech Republic Luxembourg Portugal Croatia Lithuania Slovenia Latvia Slovakia Iceland Estonia Liechtenstein Source: Eurostat

8 FROM RIGHTS TO REALITIES ASYLUM SEEKERS PER 1 MILL INHABITANTS (2014 or latest) Germany Sweden Italy France United Kingdom Switzerland Belgium Hungary Austria Netherlands Denmark Norway Bulgaria Greece Poland Spain Finland Malta Cyprus Romania Ireland Czech Republic Luxembourg Portugal Croatia Lithuania Slovenia Latvia Slovakia Iceland Estonia Liechtenstein Source: Eurostat

9 FROM RIGHTS TO REALITIES Relative development in asylum applications ( ) Year 2000 = index European Union (27 countries) Germany Greece Italy Netherlands Sweden United Kingdom Source: Eurostat

10 FROM RIGHTS TO REALITIES DUBLIN REGULATION NET TRANSFERS ( ) Switzerland Germany Sweden Norway Netherlands Austria United Kingdom Belgium Luxembourg Ireland Iceland Liechtenstein Finland Croatia Estonia Cyprus Bulgaria Portugal Latvia Slovenia Czech Republic Lithuania Romania Slovakia France Greece Malta Spain Hungary Poland Italy Source: Eurostat

11 DEATH IN THE MEDITERRANEAN DEATHS AT THE SEA: Jan 1993 Apr 2009 (Source: Migreurop) DEAD OR MISSING MIGRANTS: Jan Dec 2014 (Source: Missing Migrants Project, IOM) Bay of Bengal Caribbean Central America East Africa 251 Horn of Africa Mediterranean 265 Northern Europe Sahara 65 % Southeast Asia Souteast Europe Southern Africa Southern Asia 3279 US-Mexico Western Europe

12 DEATH IN THE MEDITERRANEAN LAMPEDUSA, 13th October dead

13 LACK OF GLOBAL SOLIDARITY The world's refugees by regions (only refugees under UNHCR mandate) 24% 4% 28% Pakistan Lebanon Iran Turkey Jordan Ethiopia Kenya Chad Uganda China Top 10: Refugee host countries Top 10: Refugees per 1000 inhabitants 10% 34% Lebanon Jordan Chad Djibouti South Sudan Malta Mauritania Kenya Iran Sweden Africa Asia og Oceania (incl. Turkey) Europe (excl. Turkey) MENA The Americas Source: UNHCR

14 LACK OF GLOBAL SOLIDARITY DENMARK VS. LEBANON Number of refugees Number of refugees per 1000 inhabitants 249, ,1 Denmark Lebanon Denmark Lebanon Source: UNHCR, Danish Refugee Council

15 TOWARDS SOLUTIONS I. From rights to realities: Reforming the Dublin system Stronger EASO mandate Stronger intra-eu burden-sharing mechanism II. Death in the Mediterranean: Reform the Dublin system(!) Clarify SAR rules Provide alternative access to asylum (embassies, humanitarian visas) III. Lack of global solidarity: Sustain and increase financial support to regions of origin Targeted resettlement quotas

16 QUESTIONS?

17 From Rights to Realities OBS: NYT KORT! DUBLIN REGULATION OUTGOING TRANSFERS ( ) Germany Switzerland Sweden Austria Netherlands Belgium France Norway United Kingdom Greece Ireland Luxembourg Hungary Czech Republic Poland Slovakia Italy Slovenia Bulgaria Portugal Romania Spain Estonia Iceland Lithuania Latvia Liechtenstein Malta Cyprus Croatia Finland

18 From Rights to Realities OBS: NYT KORT! DUBLIN REGULATION INCOMING TRANSFERS ( ) Italy Germany Poland France Austria Hungary Spain Belgium Switzerland Netherlands Greece Malta United Kingdom Slovakia Romania Czech Republic Ireland Lithuania Slovenia Luxembourg Bulgaria Portugal Latvia Cyprus Estonia Croatia Iceland Liechtenstein Norway Sweden Finland

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