1. Human Rights In EUROPEAN Refugee crises (2015):
„transit countries” LESSONS LEARNED
Mario Krešić, Croatian Deputy Ombudsman & Lecturer at the Zagreb Faculty of Law
Conference The Ombudsman Behind Bars & Ombudsman Association Annual Meeting”, Dublin, 13 May 2016

2. I. CONCEPTS and context OF EUROPEAN REFUGEE CRISIS

3. Definition of European Refugee crisis ?
Approaches:
Regular situation of functioning international protection System (European Asylum system)
Exceptional situation: „… event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin… in particular if there is also a risk that the asylum system will be unable to process this influx without adverse effects for its efficient operation…” (Council Directive 2001/55/EC)

4. Definition of Destination and transit countries ?
Criteria:
Number of applications for international protection
No difference: principle of solidarity

5. Timeframe OF EUROPEAN REFUGEE CRISIS
2015
June: more than 1000 refugees/migrants daily on borders of transit countries - beginning of „Refugee Crisis”; Balkan rout through Hungary
September, 15: Hungary closed border with Serbia; new route through Croatia
October, 8: High-level conference on Eastern Mediterranean – WB route
October, 17: Hungary closed border with Croatia; new rout through Croatia and Slovenia
October, 25: 17 point action plan – meeting on the Western Balkan Route: Albania, Austria, Bulgaria, Croatia, Macedonia, Denmark, Hungary, Romania, Serbia, Slovenia
November, 20: Restrictive measures (I): transit countries allowing only Syrians, Iraqis and Afghans to pass
2016
January: New restrictive measures (II): only those who wish to seek asylum in Austria or Germany may pass;
February, 18: Zagreb Summit
March, 8: transit countries closed borders
March 18: EU-Turkey Summit

6. NEW FENCES ON BORDERS IN South-eastern Europe (2015)
Date
Bulgaria-Turkey (160 km): external EU border
April 2015
Hungary-Serbia (175 km): external EU border
September 2015
Hungary-Croatia (41 km): EU member states
October 2015
Macedonia-Greece (30 km): external EU border
November 2015; February 2016
Slovenia-Croatia (100 km): EU member states
November 2015
Table: Construction of fences in SEE (2015)

7. „Western Balkan rout”
Sources: UNHCR, Politico, Eurostat, Frontex

8. 2015 Arrivals by month In Greece (Italy, Spain)
Source UNHCR: Europe Refugees & Migrants Emergency Response. Nationality of arrivals to Greece, Italy and Spain January – December 2015

9. Refugee influx Hungary: Refugee influx per week (May- September)
Hungary & Croatia: Refugee influx per day (September . October)

10. ii. REGIONAL COOPERATION OF OMBUDSMAN OFFICES

11. cooperation of ombudsman offices
Cooperation in regional documents
Belgrade Declaration (2015)
Thessaloniki Action Plan (2016)
Cooperation in practice

12. „Declaration on the Protection and Promotion of the Rights of Refugees and Migrants”
Belgrade 24 November 2015
Ombudsman/National Human Rights Institutions representatives of:
Albania, Algéria, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Croatia, Czech Republic, Denmark, Egypt, Finland, Georgia, Germany, Great Britain, Greece, Hungary, Kosovo Lithuania, Macedonia, Montenegro, Romania, Scotland, Serbia, Slovakia, Slovenia, The Netherlands, Turkey

13. DECLARATION - PRINCIPLES:
GENERAL RIGHTS
Respecting Human Rights of Refugees and Migrants
Prevention of Inhuman and Degrading Treatment
Promoting and Protecting Economic and Social Rights
SPECIFIC TOPICS
Ensuring Full Access to the Asylum Procedure
Ensuring Safeguards for Vulnerable Groups
Strengthening integration measures and family unity
COOPERATION
Protection of Rights through Cross Border Cooperation

14. Declaration - COMMITMENTS BY OMBUDSMAN/NHRI:
ACTION
Possibility to lodge complaints with the Ombudsman / NHRI,
Visits and presence on the spot and other monitoring methods,
Awareness raising and dissemination of accurate information on the human rights of refugees and migrants,
Reaction on Hate speech and discrimination practices
Reaction on violation of migrants’/refugees’ rights; spirit of tolerance and compassion for refugees and migrants,
COOPERATION
Cooperation with civil society organisations,
International and regional human rights mechanisms
Regional, transnational and global cooperation and action on migration policies,
Regional cooperation through relevant regional networks

15. „Refugee/migrant crisis and human rights Regional joint action plan of Ombudsman institutions”
Thessaloniki, 19th February 2016.
Ombudsmen/National Human Rights Institutions’ representatives of:
Albania, Austria, Croatia, Greece, Kosovo, Macedonia, Serbia, Slovenia, and Turkey

16. THESSALONICI ACTION PLAN 2016
Access to asylum
Protection of unaccompanied children and other vulnerable persons
Phenomena of ill-treatment and exploitation of migrants/refugees.
Forced return procedures
Hate-speech and xenophobia
The role of local communities and local administration
Cross-border cooperation
Campaign/networking (Observatory)

17. iii. Human rights standards in „refugee crisis”

18. OMBUDSMAN ACTION in REFUGEE CRISIS
1. RECEPTION CENTRES
3. INTEGRATION 2.
DETENTION
AND ALTERNATIVES FOR DETENTION
4. VOLONTARY AND FORCED RETURNS

19. 1. International standards for refugee centres
UNHCR standards for transit centres
Areas to monitor
Organisation and capacities of centres
Accommodation
Registration
Treatment by police officers
Healthcare
Availability of information
Separated families
Vulnerable Groups
Transport
Situations in border zone

20. 2. International standards for detention places
CPT standards
Problem of „de facto deprivation of liberty”

21. 3. International standards for integration policies
Different aspects of integration:
Political integration
Social integration (housing, social services, labour market, decision making, residence, etc.)
Acceptance & tolerance (public opinion)
Willingness to integrate
Phases:
Pre-asylum application conditions
After asylum application conditions
„EU quotas” (relocation and resettlement mechanism)

22. 4. International standards for Forced RETURNs
Ombudsman offices participating in monitoring of forced returns:
Austria (A) (R)
Bulgaria (M)
Cyprus (M)
Czech Republic (A) (M)
Denmark (A) (M)
Greece (A) (M)
Spain (M)
Finland (ombudsman against discrimination) (A) (M)
Latvia (A) (Supv, M)

23. The role of ombudsman/NHRI in refugee crisis
Experience & lessons learned
Questions, comments, suggestions ?