“Seeking asylum is a human right, not a crime”

The right to seek and enjoy asylum is not fully protected in Europe today, writes Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe:

In spite of a downward trend in asylum applications in several countries – with some exceptions such as Malta and Greece - the policies have remained restrictive and arbitrary. The chances of an asylum-seeker to find protection in the EU countries vary considerably depending on where he or she applies.It is now more difficult for refugees and other migrants to reach our borders. Airlines are pressured to refuse passengers who may not be granted entry on arrival. Patrol boats along Europe’s southern coasts are used to intercept and turn back potential asylum- seekers from African countries. Among those stopped in this way may be individuals whose freedom or lives are under threat..

..The European Union has initiated an important process aiming at a common European asylum policy. Such a policy should contribute to prevent the “race to the bottom” which now tends to guide national policy making. The idea is to establish a common asylum system by 2010 with a common asylum procedure and a uniform status which would be valid throughout the union. The European Commission has expressed the ambition to achieve a high standard and equality of protection across the EU and a high degree of solidarity between the member states.

Achieving “higher standards” is essential, the harmonisation should not lead to a minimum common level of protection. Therefore, it will be necessary in several EU countries to take a clear position against the extreme messages now coming from some of the parties driven by populist agendas. There is also a need to look more soberly on the problem that many migrants come without documents. It is clear that traffickers in many cases confiscate or destroy the passengers’ passports or other identity papers.

..My position is that detention of asylum-seekers should be avoided. The present discussion in the European Parliament about allowing no less than 18 months detention is sad and could harm the whole process of achieving better standards. Obviously, states consider detention necessary during their efforts to clarify the identity and home country of the individual and to ensure that he or she will be received at deportation...