Brussels, 21/03/2016 (Agence Europe) - The agreement reached between the EU and Turkey on Friday 18 March (see EUROPE 11515) has caused somewhat mixed reactions, with NGOs lamenting infringements of European asylum law and a number of groups from the EP, first and foremost the EPP and S&D, hailing it as a “positive” step.
One of the strongest warnings, however, came from the Commissioner for Human Rights of the Council of Europe, Niels Muiznieks, who said that in the wake of this agreement, it was vital to make sure that its implementation removes all possible doubts regarding the human rights concerns raised. The Commissioner argues that the EU should still provide additional safeguards and, in particular, make sure that all migrants, not just Syrians, enjoy the same requirements for the respect of international standards. Greece and Turkey should also limit the detention of migrants to exceptional cases as far as possible, because “being a migrant is not a crime”.
The NGO Oxfam considers that the European and Turkish leaders agreed on a decision which “not only fails to respect the spirit of international and EU laws”, but may amount to “trading human beings for political concessions”, it states in a press release. The proclaimed closure of the Western Balkans route, followed by this new agreement with Turkey, is a “further step down this path of inhumanity”, Oxfam adds, calling on member states to do their share in the resettlement procedures.
The “double-speak” of this agreement hides the “European Union's dogged determination to turn its back on a global refugee crisis, and wilfully ignore its international obligations”, said Amnesty International, which describes the decision as a “historic” blow to asylum law in the EU. The guarantees provided regarding the stringent respect of international law are “incompatible” with returning all illegal migrants arriving on the Greek islands since Sunday 20 March to Turkey. “Turkey is not a safe country for refugees and migrants”, the NGO adds.
The EP's doubts over the legality of the agreement have not been completely removed. The S&D Group, for instance, takes the view that although the agreement should be seen as a “positive step” and an improvement on earlier versions, it continues to raise “doubts as to the practical implications, but also the legality, in view of the international human rights conventions”, Gianni Pittella reacted on 18 March. The French S&D members state that “serious doubts persist on many points: first of all, on the legality, the implementation and the cost of returning refugees to Turkey; then on resettlements of Syrians from Turkey: you just have to see the problems the member states have had sticking to their commitments on relocating asylum seekers from Greece and Italy to be sceptical… Lastly, the commitments of the European Union towards Turkey are a problem, regarding the respect of the criteria for visa liberation or Turkish nationals or the traceability of European funds already allocated”.
The S&D MEPs stress that it is “vital to take the question of refugees in isolation from the question of Turkish accession to the European Union. We reiterate that the freedom of the press, respect for human rights, minority rights and the rule of law are mandatory values for the member states and all those who aspire to join the European Union”.
The EPP group at the EP hailed a “very positive” result. “We have done all we could; we have gone beyond national egotisms and presented a united and very clear front to Turkey”, commented Manfred Weber, welcoming the fact that this agreement will help Greece to manage the migration flows.
The head of the ALDE group at the EP said that it is “now the duty of the Parliament, in co-decision on migration and asylum law, to determine whether this agreement fully respects our international obligations. Turkey must change its legislation and fully subscribe to the Geneva Convention”, said Guy Verhofstadt. .
The agreement is not, however, a “magic bullet”. “One of the reasons Europe is not controlling this refugee crisis lies in our failure to set in place a joint European approach to asylum and migration. Let us not be naïve: smugglers will find new routes to Europe. This is why our absolute priority has to be immediately to set in place a European border guard and coastguard agency”, he added.
The president of the GUE/NGL group, Gabi Zimmer, criticised the agreement which, she feels, does not comply with international laws and aims to prevent migrants from reaching the EU “at all costs”. The German MEP also questioned how far President Erdogan of Turkey can be trusted when he is “waging war against the Kurdish citizens of his own country”. (Original version in French by Solenn Paulic)