Scheveningen, 01/10/2004 (Agence Europe) - After the meeting of the informal JHA Council on Friday, the debate on asylum management by the European Union outside its boundaries "is only just starting", said German interior minister Otto Schily during talks. All the Member States are now in agreement that the European Union must act outside its borders: this is the main development. It is an important one, but still theoretical. Beyond this, the projects and intentions of the Member States and of the Commission differ enormously, and the legal and humanitarian issues are considerable.
The only concrete announcement was made by the European Commission, on pilot projects which have been in the larval stage for over a year: setting up centres outside the EU for illegal immigrants intercepted at sea outside European territorial waters; helping third countries to set up their own asylum systems; setting up Euro-Mediterranean cooperation. Commissioner Vitorino said that these pilot projects depend on the Commission, which does not need the Member States' say-so.
The first of these projects raised the idea of refugee camps, which was behind the argument, and the implementation of which raises more questions. Antonio Vitorino stressed the "emergency situation in the Mediterranean" where, especially in Sicily, hundreds of people are arriving by boat. "We must find solutions quickly for humanitarian situations", he said. But it does not appear that decisions are expected any time soon. This project is only at a very preliminary stage, emphasised a Community source. Beyond the humanitarian action of helping people who are risking their lives to leave their country, what will happen to them? Will they be taken to a centre where they can leave again the next day to take to the sea once again? Will they be in closed centres, waiting for someone- who?- to process their applications? Under what legislation? There will certainly be closed centres, said a Community source. The French interior minister Dominique de Villepin expressed concern at the risk of more centres like Sangatte, which are Mafia magnets, he told a few journalists. Commissioner Vitorino said that people intercepted in international waters or those of third countries would be sent to these transit countries, but those who have reached European waters will be brought into the European Union.
The second project- helping countries to create a genuine asylum system- is carried out in collaboration with United Nations High Commission for Refugees (HCR). Commissioner Vitorino cited a specific project concerning Algeria, Morocco, Tunisia, Mauritania and Libya. The aim is to help them to improve their national asylum systems, there will be no European camps over there, European officials who go there will have no executive competency, said Mr Vitorino. Preparations for these projects will have 1 million EUR, including 800,000 EUR paid for by the Community budget, and the remaining 200,000 EUR paid for by the Netherlands. Libya has not ratified the Geneva Convention of 1951, which defines refugees' rights, but this will be a condition for cooperation, said the Commission and the Council. This type of project "is part of our mandate", explained Diederik Kramers of HCR's European office, adding that other projects of the same type, in which Denmark and the United Kingdom were also involved, are being prepared in Egypt, Somalia, Tanzania, Kenya, Burkina-Faso… The HCR has already led this kind of project in central European countries, after the fall of Communism, said Mr Kramers, who stressed that the countries in question were involved in preparations.
Difficult debate on genuine asylum policy outside EU
We are still very far from agreement on a genuine European asylum policy outside of the EU's borders, vagueness reigns on the possibility of instituting such a policy and on the intentions of various countries: Austria is talking of a camp in Ukraine, which the country has taken offence at, Germany is concentrating on the Mediterranean… Even the German interior minister, Otto Schily, who relaunched this whole debate on refugee camps abroad, still had no concrete proposal to put forward on Friday.
"It remains to be seen whether it will be possible to look at asylum requests outside the European Union, this needs to be looked into in greater depth", said the Dutch minister, Rita Verdonk. This is what the German interior minister has asked for, and this has raised all sorts of problems.
"We are prepared to discuss it" declared Commissioner Vitorino, posing conditions, a solid partnership with third countries, which had to respect international agreements - and questions: who will examine demands and appeals against ejection, who will be in charge of sending those back to their countries of origin when their requests have been dealt with, how should those accepted into the EU be organised. These questions are extremely complicated and sensitive.
During the debate, Commissioner Vitorino insisted not he fact that the European Union could begin examining the demands for asylum outside its borders when there was a genuine European asylum policy: the EU system should be applied and not the systems of 25 Member States, he declared. The European Union currently has minimum standards and most Member States are still not ready to go further. Contrary to Commissioner Vitorino, Otto Schily called for "fewer rules and more efficiency", declaring that they should not wait for a common system, indicated a European diplomat.
NGOs and MEPs are waiting attentively for the candidate succeeding Antonio Vitorino, Rocco Butiglione to speak on the subject during his hearing at the parliament on 5 October. France, Germany, Italy, Spain and the United Kingdom will tackle this key dossier during the "G5" meeting in Florence on 17-18 October. Addressing the press, the European Commission and the Council have displayed much concern about the image projected in this debate. The acting president Rita Verdonk and European Commissioner Antonio Vitorino insisted for using the politically correct term of reception centres rather than camps.
Asylum seekers are for the most part people who are escaping poverty rather than persecution and whose only solution is to submit an asylum request. In the EU only 10% of asylum seekers are given the status of refugee, explained Vitorino. Nonetheless, despite the recognition by many people that the EU needs immigration, there is still no real legal European immigration policy. After years of debate, Member States are still too divided and asked the European Commission a few months ago to revise its documents on the only European text dealing with the theme: the framework decision proposal for economic immigration. Commissioner Vitorino pointed out that the European Commission was going to relaunch the debate but that this time in the form of a White Paper which had to be presented before the end of the year. The adoption of a European policy in this area is therefore not going to happen tomorrow.