Asylum Seekers and the Common European Asylum System
In team policy debate, accurately using terminology is key, especially considering the plethora of terms and acronyms used within the European Union for migration policy. This issue is particularly pronounced surrounding policies regarding asylum seekers and refugees. In this article I want to help you understand the difference between an asylum seeker and a refugee, see the difficulties of entering a European country, and know the problems present in the Common European Asylum System.
An asylum seeker is a person who is seeking but has not yet received refugee status. They are pursuing refugee status in a country outside of their national origin because they believe they have a claim under the 1951 UN Convention of Refugees. This convention is legally binding for all EU member states. The Convention defines a refugee as a person who : “is outside his or her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution.” To clarify an asylum seeker is someone seeking refugee status in a country because of one of the above listed reasons. A refugee is a person who has been granted asylum in a foriegn country. Understanding and even memorizing this definition would be helpful to NCFCA debaters this year when asylum related issues come up in round.
Because EU member states have ratified the 1951 Convention, individuals have a legally recognized right to seek asylum. This right is reinforced by the European Union Charter on Human Rights. Often, as was the case during the 2015 immigration crisis caused by the Syrian civil war these migrants are referred to as “floods” or “surges” or even painted to be entering European countries illegally. However, that is far from the case. They have the right to seek asylum, but it is up to the country they enter to determine if they are eligible. However, the current system presents difficulties for those seeking asylum. They are unable to apply for standard travel visas which makes legally entering a European country a tricky situation. In many cases people must turn to human smugglers which can lead to devastating consequences. This is where issues start to arise as the EU attempts to create a unified system all while clashing with their 27 sovereign member states (read more about that clash here). In many respects EU states have retained much of their autonomy over decisions about who can have citizenship in their country, but this is less the case when it comes to asylum, which are “based in international rights.”
The Common European Asylum System (CEAS) was initiated in 1999 by the European Union in an attempt to standardize their immigration process. However as the years have passed by a gap has grown between legislation and application. The system that has been created is far from unified. For example, in one year people from afghanistan had a 1.6% chance of being allowed into Bulgaria but a 97% chance of having their claim granted in Italy. The Report “Cracked Foundation, Uncertain Future: Structural weaknesses in the Common European Asylum System” which I highly recommend reading identifies the four structural areas in need of reform” “registration, reception, asylum procedures, and adjudication.” The article provides substantive analysis for each area and is a valuable resource for debaters.
Beyond the technical problems outlined in the report mentioned above, there is a broader issue underlying the European immigration system. This problem is a lack of trust between member states. Human Rights Watch has called the European Union out for endorsing policies “designed to limit arrivals and to outsource responsibility to regions and countries outside of the EU.” During the initial increase of refugees in 2015 this was an issue and it continues on in 2020, with even less trust being fostered by the uncertainty of the Covid-19 pandemic. “Yet in 2020, as during the peak of the migration and refugee crisis in 2015, trust has proven to be a scarce commodity. Member States have repeatedly reverted to closing borders or introducing controls with Member States they do not trust to do due diligence, while maintaining an open channel of coordination for others with whom they have close ties through trade or proximity.” The EU has failed to create any type of coordinated response that respects the plight and dignity of asylum seekers.
It is important to remember that countries have a legal obligation under international law to welcome, process, quickly adjudicate, and care for asylum seekers. A person's chance of receiving refugee status should not depend on the attitudes of the country they enter. It should depend on the merits of their claims to asylum. Currently this is not being upheld in the European Union. No matter which side you are debating this year remember that asylum seekers and refugees are real people with real struggles who need to be protected.
Resources:
1 “Protection Refugees.” UNHCR, December 2017. https://www.unhcr.org/cy/wp-content/uploads/sites/41/2018/05/UNHCR_Brochure_EN.pdf.
2 “Article 18 - Right to Asylum.” European Union Agency for Fundamental Rights, August 20, 2020. https://fra.europa.eu/en/eu-charter/article/18-right-asylum.
3 Dahlvik J. (2018) Determining Refugee Status in the European Context: The Legal and Institutional Framework. In: Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria. IMISCOE Research Series. Springer, Cham. https://doi.org/10.1007/978-3-319-63306-0_2
4 “Common European Asylum System.” Migration and Home Affairs - European Commission, December 6, 2016. https://ec.europa.eu/home-affairs/what-we-do/policies/asylum_en.
5 Beirens, Hanne. “Cracked Foundation, Uncertain Future: Structural Weaknesses in the Common European Asylum System.” migrationpolicy.org, June 20, 2018. https://www.migrationpolicy.org/research/structural-weaknesses-common-european-asylum-system.
6. IBID
8 “EU Policies Put Refugees At Risk.” Human Rights Watch, 2016. https://www.hrw.org/news/2016/11/23/eu-policies-put-refugees-risk.