4. Thematic issues
4.11. Asylum, Migration, Refugees and Displaced Persons
The EU and its member states are concerned to balance a legitimate interest in controlling entry to, and residence in, the territory of the EU with full respect for the human rights of all individuals. Various measures have been introduced – or are under consideration – to ensure that these principles are observed.
Since the entry into force of the Amsterdam Treaty in May 1999, the Commission has presented a set of legislative proposals in the field of asylum and immigration aimed at granting third country nationals rights and obligations comparable to those of EU citizens. By the end of 2004, most of these proposals had been adopted by the Council.
The Commission Communication on immigration, integration and employment adopted on 3 June 200354, emphasised how important the fight against discrimination is for the integration of legal immigrants in Europe. The communication called for strong political leadership and clear commitments to promote pluralistic societies and condemn racism. Following the adoption of the Hague Programme55 by the European Council on 5 November 2004, the Council adopted Common Basic Principles to underlie a coherent European framework on the integration of third-country nationals. These include the practice of
54 COM(2003)336 final
55 The Hague programme is a five-year programme for closer co-operation in justice and home affairs at EU level from 2005 to 2010.
diverse cultures and religions, equal access to institutions and to public and private goods and services for third country nationals, and inter-cultural dialogue.
On 29 April 2004, the Council adopted Directive 2004/81/EC on the residence permit issued to third-country nationals who are victims of trafficking, or who have been the subject of an action to facilitate illegal immigration, and who co-operate with the competent authorities. This Directive grants certain rights, including legal stay and medical and psychological treatment, to victims of human trafficking. It balances the need to fight against illegal immigration and the need to guarantee respect for the human rights of victims of illegal immigration. The Directive will have to be transposed into national law by all member states by August 2006.
In July 2004 the Commission published a first Annual Report on Migration and Integration where certain key issues of integration policy were recognised, including access to the political decision-making process, the fight against discrimination and civic education. In November 2004 the Commission also published the first edition of a Handbook on Integration for policy-makers and practitioners which, inter alia, promotes the inclusion of third country nationals in the political process of their country of residence, their access to naturalisation processes, as well as religious and cultural dialogue, which will ultimately lead to better understanding of third country nationals.
During the period under review, the EU has continued to work intensively on the establishment of the Common European Asylum System. The deadline for the transposition into national legislation of Council Directive 2003/9/EC, laying down minimum standards for the reception of asylum seekers, expired in February 2005 and the Commission has been closely monitoring its implementation by the member states.
The Council Directive on minimum standards on procedures in member states for granting and withdrawing refugee status is expected to be formally adopted by the Council in the course of 2005 after the European Parliament gives its opinion. The Directive will ensure that throughout the EU, all procedures at first instance are subject to the same minimum standards, while maintaining consistency with international obligations in this field. The adoption of this Directive will mark the establishment of the first phase of the Common European Asylum System and allow for future proposals to be negotiated under the new institutional framework provided by the Treaty of Nice, which will include Qualified Majority Voting and co-decision of the European Parliament.
The Commission has also started work to achieve the aims of the second phase of the Common European Asylum System, as set out in the Hague Programme, comprising a common asylum procedure and a uniform status for asylum and subsidiary protection. The Commission will take stock of the assessment and monitoring of the implementation of the first phase asylum instruments and build on intensified cooperation between the asylum services of member states, called for by the Hague Programme. The Commission will adopt a Communication on practical co-operation in September 2005.
The Hague Programme has also given new emphasis to the external dimension of asylum, highlighting the need for the EU to contribute to a more accessible, equitable and effective international protection and to provide durable solutions in order to resolve protracted refugee situations. To this effect, the Commission will publish in September 2005, a communication on the first Regional Pilot Protection Programmes, comprising action to enhance protection capacity in countries in regions of origin and transit, so that refugees who require protection are able to access it as quickly as possible and as closely as possible to their needs. A joint resettlement programme, to be implemented on a voluntary basis, will be one of the tools for Regional Protection Programmes.
As the UN High Commission for Refugees (UNHCR)’s third largest donor, the European Commission has continued to support efforts to improve the protection and rights of refugees worldwide. Last year, the Report of the 55th Session of UNHCR’s Executive Committee included Conclusions on ‘International Protection’, ‘International Cooperation and Burden and Responsibility Sharing in Mass Influx Situations’
and ‘Legal Safety Issues in the Context of Voluntary Repatriation of Refugees.’
The Third Committee of the 59th Session of the United Nations General Assembly also saw resolutions adopted on ‘Assistance to Refugees, Returnees, and Displaced Persons in Africa,’ and ‘The Office of the United Nations High Commissioner for Refugees.’ The latter, amongst other things, welcomed the important work of UNHCR, including progress on the Framework for Durable Solutions and the Convention Plus Initiative, both of which have been actively supported by EU member states.
A number of resolutions were also adopted at the 61st session of the Commission for Human Rights which dealt explicitly with the human rights of migrants and refugees. A resolution adopted on ‘Internally Displaced Persons’ was co-sponsored by all EU member states. Eight EU member states co-sponsored a resolution on ‘Human Rights and Mass Exoduses,’ and a resolution on the ‘Human Rights of Migrants,’ was also adopted.