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

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

2. 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)

3. PART I: DEFINING THE REFUGEE CRISIS

4. 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)

5. 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

6. 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

7. State Rights & Responsibilities towards Refugees RIGHTS • 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

8. PART II: ORIGINS OF THE CRISIS

9. 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

10. 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)

12. 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

13. 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

14. Asylum statistics

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

17. 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)

18. 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)

19. 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)

20. 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

21. 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

22. 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

23. PART IV: CASE STUDIES

24. Germany • Led by Chancellor Angela Merkel: “Wirschaffen 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”

25. 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

26. QUESTIONS?