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Migration and Europe: European Red Cross perspective
Statement
by Luc Henskens, Director, Red Cross EU Office Brussels, to the Committee on Migration, Refugees and Population of the Council of Europe Parliamentary Assembly, in Brussels
7 March 2008 |
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Across Europe many National Red Cross and Red Crescent Societies provide protection and assistance to vulnerable migrants.
As a result, migration is high on the Red Cross and Red Crescent agenda. It received special attention last year when, gathered for the 30th International Conference of the Red Cross and Red Crescent, governments and National Red Cross and Red Crescent Societies world-wide adopted the declaration “Together for Humanity”, acknowledging the role of National Red Cross and Red Crescent Societies to provide humanitarian assistance to vulnerable migrants, irrespective of their legal status.
As regards international migration, the Red Cross and Red Crescent in Europe defines the term ”migrants” as comprising, inter alia, asylum seekers, refugees, trafficked persons, irregular migrants and economic migrants.
We endeavour to use the term without any legal connotations, for our concern is to ensure that our work is based purely on, and prioritised by, need and vulnerability. National Red Cross and Red Crescent Societies are not motivated – and must not be deterred – by definitions or status.
Meeting in Istanbul last May, European National Red Cross and Red Crescent Societies resolved to assert their right of access to all migrants in need. Needless to say, this may prove a major challenge in the current political climate where the so called “fight against illegal immigration” has taken centre stage, pushing humanitarian and human rights concerns to the sidelines.
Yet, recognising the scale of the challenge, European National Red Cross and Red Crescent Societies made a number of commitments – known as the Istanbul Commitments – in the area of migration, including :
• To promote respect for the rights and needs of individual migrants, including persons in detention;
• To insist on governments respecting the rights of all migrants, including in particular respect for and due application of the principle of non-refoulement and the provisions of the 1951 Refugee Convention and its 1967 Protocol, and implementation by governments of all their international and national legal and human rights obligations;
• To deliver needs-based services and assistance with a special priority for asylum-seekers, refugees, irregular migrants, unaccompanied minors, and victims of trafficking in human beings;
• To improve cooperation between National Red Cross and Red Crescent Societies in countries of origin, transit and destination in order better to protect and assist migrants and returnees and to strengthen partnerships with external actors working in this field.
On an operational level, National Red Cross Societies in Europe have established the Platform for European Red Cross Cooperation on Refugees, Asylum Seekers and Migrants, commonly known as PERCO. Within PERCO, experiences and best practices are shared, common interests are formulated, ideas are developed and joint projects initiated.
So then, what kind of services and assistance do the Red Cross and Red Crescent provide to vulnerable migrants in Europe?
The true answer is that this varies considerably from country to country, ranging from emergency assistance and protection to support for integration and return, reflecting diverse needs and capacities. But let me give you just a few examples:
• Here in Belgium and also in Denmark, as well as in several other countries, the Red Cross runs reception centres for asylum seekers; in Lithuania and Sweden asylum seekers can turn to the Red Cross for legal advice and assistance;
• The Italian and Spanish Red Cross, amongst others, provide assistance, information and counselling to asylum seekers and other migrants landing on the shores of southern Europe;
• Many National Red Cross and Red Crescent Societies support the integration of recognised refugees and other persons granted international protection, including through facilitating family reunification;
• In some European countries, National Red Cross and Red Crescent Societies also provide assistance to detained migrants and monitor conditions of detention, including restoring family links activities, material assistance, medical attention and psychosocial support as well as counselling and advice to ensure that the rights of detainees are respected;
• Activities for rejected asylum seekers and irregular migrants who are obliged to return to their countries of origin are under development in a number of countries. Currently, a trans-national project co-funded by the European Commission – the European Red Cross Return Initiative – looks at how the Red Cross can better support sustainable return in safety and dignity; In Luxembourg, the Red Cross monitors enforced removals.
In addition to providing assistance to vulnerable migrants, National Red Cross and Red Crescent Societies in many European countries are consulted by their public authorities on policy issues.
We also work with different European institutions to support national activities and to offer advice to policy-makers. This involves us, through the Red Cross/EU Office, in seeking to influence EU policy-making on behalf of the National Red Cross Societies in the European Union and Norway. We also work with the OSCE in Vienna.
Here, let me mention two EU examples: the establishment of a Common European Asylum System; and the ongoing negotiations on common standards on return, including detention for the purpose of enforced removal.
The Red Cross would like to see a Common European Asylum System that upholds humane reception standards and safeguards the right to seek and to enjoy asylum through fair and proper asylum procedures.
Needless to say, this includes measures to guarantee access to the European Union.
We thus support the EU’s stated objective of establishing a “system which guarantees to persons genuinely in need of protection access to a high level of protection under equivalent conditions in all Member States”.
The external dimension of a common system is also critical. The European Union should actively promote universal accession to, and full implementation of, the 1951 Refugee Convention and its 1967 Protocol. In this context, we encourage EU support for capacity-building with a view to strengthening protection and assistance capacity in countries outside the EU.
Let me now turn to the issue of return – Our more detailed comments on the ongoing asylum debate in the EU can be found in our position paper on the Common European Asylum System, copies of which I am happy to provide to members of the Committee today.
As you may know, in September 2005 the European Commission launched a proposal on common standards on return, the so called return directive. It is yet to be adopted by the Council and the European Parliament, although the current Slovenian EU Presidency has pledged to give it “priority treatment”.
In our view, rejected asylum seekers and irregular migrants who are obliged to return should be informed about their rights and about conditions in countries of origin and have access to pre-return counselling. Return must always be undertaken in a humane manner, in full respect for the human rights and dignity of those affected.
As I have already mentioned, we are currently examining how the Red Cross, as an independent humanitarian actor, can better support sustainable return in safety and dignity. In addition, PERCO is currently developing a guide on return for European National Red Cross Societies.
As regards detention of migrants, whether in relation to enforced removal or otherwise, our position is that such a drastic measure should only be considered as a last resort, only if necessary and only if it is clearly prescribed by national law in conformity with Member States’ obligations under international refugee and human rights law.
Against this background, the state of play in the ongoing negotiations is a cause for humanitarian concern: at this stage, the envisaged common EU standards on return seem to establish detention and enforced removal of rejected asylum seekers and irregular migrants as the norm, rather than the exception.
No doubt, this will further increase the vulnerability of migrants who are already in a vulnerable situation. And it would appear to be contrary to the EU’s own call for a common return policy “for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity”.
Another issue which merits reference today is the gender dimension of migration – a theme recently highlighted by an international meeting organised by the Italian Red Cross and the Red Cross and Red Crescent Centre for Cooperation in the Mediterranean.
Meeting in Palermo, all National Red Cross and Red Crescent Societies in the Mediterranean area examined vulnerability associated with migration from a gender perspective.
As a key recommendation participants agreed:
• To address the extreme hardships often endured by particularly vulnerable groups of migrants such as women and children during their journey, including violence, sexual assault and abuse;
• And to raise awareness and encourage the authorities to take measures to prevent and reduce such risks and to ensure appropriate programmes for those affected.
Lastly, let me once again and on behalf of the IFRC Secretariat in Geneva, its European Zone Office in Budapest and my office here in Brussels recall the Red Cross and Red Crescent Istanbul Commitments and reaffirm our pledge to work “Together for Humanity” by strengthen partnerships with all relevant stakeholders, including the Parliamentary Assembly of the Council of Europe and in particular your Committee on Migration, Refugees and Population.
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