Understanding the Refugee Situation in the European Union (EU) Emily Nickel, MA Candidate, EURUS Teachers’ Conference 2017

Overview Defining the “refugee crisis” Origins – Arab Spring, problems in MENA & mapping the routes of refugees and asylum seekers Role of the EU in refugee & migration management Case studies (Hungary & Germany)

PART I: DEFINING THE REFUGEE CRISIS

What do we mean by refugee “crisis”? Refugees and asylum seekers portrayed as existential threat to the EU (securitization theory) Largest mass movement of people into Europe since WWII (but other regions have seen much worse, incl. Asia and N. Africa) Rising trend of xenophobia at social and political levels Why a “crisis”? EU did not have the resources, foresight or political will to properly manage the crisis at its onset Limited initial humanitarian response – focused more on “homeland security” Asylum claims rose dramatically between 2011-2015, moreso than at any other period in time since WWII in some countries (Germany, UK, France, Hungary)

Refugees vs. Migrants REFUGEES Forced to flee because of persecution, the threat of persecution, and/or their home country cannot or does not protect them All refugees have rights and protections under the Refugee Convention (& Additional Protocol) Crossed an international border “Forced migrant” MIGRANTS May have many reasons to leave their home country other than persecution (i.e. international students, business persons) Migrants are protected by the laws of their own country when they are abroad Do not fall under the UN Refugee Convention “Voluntary migrant” Irregular Migration: Movement to another country that is considered “illegal” due to a lack of proper documentation or entry authorization

MUCH OF INT’L REFUGEE LAW IS CUSTOMARY The Rights of Refugees Universal Declaration of HR: right to seek asylum (A.14), universal recognition of personhood (A.6), right to be free from arbitrary detainment (A.9), right to a trial (A.10) 1951 Refugee Convention: builds off UDHR – right to non-refoulement, right to be treated like nationals re: practicing religion, elementary education, public assistance, social security & right to be treated like non-nationals re: right to wage-earning employment, right to higher education, free movement and residence within the country NOTE: A.31 allows freedom from penalties for illegal entry Refugees also have responsibility to abide by national laws (i.e. Comply with rulings, follow national laws) MUCH OF INT’L REFUGEE LAW IS CUSTOMARY

State Rights & Responsibilities towards Refugees Right to refuse status to those who do not meet criteria (NOTE: not right to refuse entry, unless extenuating circumstances, ex: extreme criminality) Right of removal (deportation) RESPONSIBILITIES Abide by international HR, refugee and customary law – NOTE: all EU Member States are party to the Refugee Convention Must evaluate asylum claims made on their territories Cannot discriminate

PART II: ORIGINS OF THE CRISIS

Arab Spring Although refugee movements are not new to the EU, the refugee “crisis” was spurred by the Arab Spring in 2011 – more refugees were fleeing to Europe than ever before in the EU’s history Arab Spring - protests for democracy by citizens were brutally suppressed by government forces in Syria, Egypt, Tunisia, Yemen, and Libya Violence against civilians turned into armed conflict, for example in Syria, between civilian forces fighting for democracy and the government fighting against it This violence and conflict forced families and people to flee from their home countries to wherever they could go – most viable route was to cross by land or sea to Italy or Greece and then into the EU

Conflict & insecurity in North Africa Major humanitarian concerns in the region: Conflicts in Northern Mali, Tunisian Revolution (2011), rise of terrorism in MENA Drought and food insecurity affecting millions in Ethiopia, Eritrea (currently “four famines” situation in Yemen, Somalia, South Sudan & Nigeria)

Smuggling & trafficking Land & sea routes Option of flying for resettled refugees (limited #)

Why Europe? Geography - it’s closer than anywhere else in the world Other regions are not ideal to seek protection Europe part of the “Western World” - EU countries founded on democracy, human rights, etc. Refugee connections & diaspora populations Refugees have the right to seek asylum in any EU country Open internal borders = free travel

Statistics In 2015 & 2016 alone, more than 2.5 million people applied for asylum in the EU Over 593,000 first instance asylum decisions were made in 2015, and over half were positive (first instance decision: decision granted by authority acting as first instance of administrative or judicial asylum procedure) In 2016 more than 1.1 million asylum decisions were made – approx. 33% were granted refugee status, another 30% recieved other positive rulings In 2016, 388,000 people were denied entry at EU’s external borders In 2015, 890,000 refugees arrived in Germany, dropping to 280,000 in 2016

Asylum statistics

Source: EUROSTAT: http://ec. europa

PART III: ROLE & ACTIONS OF THE EU AND MEMBER STATES

EU Refugee Policy - History EU founded on right of free movement (European Coal and Steel Community to now) – Schengen Zone has made it possible to travel freely within the EU without detection or verification This created need for cooperation and coordination on refugee and immigration policy (strain on welfare system, unfair burden on external border Member States, etc.) Maastricht Treaty (1992) – created three pillar system of the EU, including Justice and Home Affairs (JHA) pillar Treaty of Amsterdam (1997) – devolved powers from Member States to EU on JHA (including migration management)

Common European Asylum System Common European Asylum System (CEAS) developed in 1999 – aimed to harmonize common “minimum standards” for asylum; were “recast” in 2013 Key elements include: Asylum Procedures Directive – sets rule on whole process of claiming asylum (ex: time limits on examining applications, provides rules on appeals in front of tribunals, etc.) Reception Conditions Directive – sets rules on access to reception conditions while they wait for claims to be heard Qualification Directive – specifies groups for granting international protection Dublin Regulation – Member States are responsible for assessing asylum claims for those who first enter the EU through their territory EURODAC Regulation: established biometric database (fingerprinting of asylum seekers)

EU Readmission & Safe Third Country policies EU holds right to return irregular migrants – thus concludes EU Readmission Agreements (EURAs) with third countries (part of the Return Directive) -- has concluded 17 since 2004 Some third countries face challenges in identifying and readmitting nationals or third-country nationals (if they entered the EU through the third country) – therefore the EU concludes EURAs which offer incentives to third countries while ensuring the return of irregular migrants EU often coordinates with EU border management agency (FRONTEX) – part of their mandate is facilitating returns Safe Third Country policies allow the EU to send back migrants to third countries deemed “safe” (many Member States have their own lists) – but concerns about actual “safety” of some countries (ex: Turkey, Senegal, China)

EU-Turkey Agreement Controversial agreement that was concluded in 2016 – replaced the EURA with Turkey (concluded in 2014) Key elements: EU can return all new irregular migrants crossing from Turkey to Greece back to Turkey; For every Syrian returned to Turkey from Greece, another Syrian refugee will be resettled in the EU; Turkey required to take “any necessary measures” to prevent new sea or land routes for irregular migration; Revitalized visa liberalization and accession talks for Turkey; EU to mobilize funding for assessing asylum claims in Turkey Why controversial? Turkey as a “safe third country” for return? “One for one” scheme unsustainable

Burden Sharing: Relocation Scheme 2015: European Commission proposed to internally relocate 160,000 people in need of international protection under pressure from Member States Member States were assigned a “quota” based on a number of criteria In September 2017, only 28,000 migrants have been resettled or relocated under the scheme In September 2017, the European Court of Justice (ECJ) dismissed complaint by Hunary and Slovakia challenging the relocation scheme Policy has technically come to an end – quota system has failed

Role of FRONTEX EU border management agency – guards external borders of the EU but has mandate to assist with returns and deportations Concerns: Increasing militarization of border patrols – sends message of “criminality” and “illegality” regarding seeking asylum and fleeing persecution In a directive in 2011, FRONTEX guards were granted the right to use lethal force “when necessary” AND granted immunity from persecution

PART IV: CASE STUDIES

Germany Led by Chancellor Angela Merkel: “Wir schaffen das!!” [We can do it!] Nearly 1.1 million refugees entered Germany alone in 2015 Suspended Dublin Regulation in 2015 Programs to facilitate integration Promised temporary residence to those in need Open borders and “Willkommenskultur”

Hungary Led by Viktor Orban - anti-refugee stance Spent 100M Euros on building a razor-wire fence and border controls to keep refugees out (and asked the EU to pay for the fence...) Use of violence against asylum seekers Deportations Refusal of entry for refugees

QUESTIONS?