2/4/2004
Ministers Agree On Common EU Asylum Policy

European Union Justice and Interior ministers have reached agreement on the key issue of who can apply for asylum in the European Union and the rights of those granted protection. The agreement comes after two and a half years of negotiating and shortly ahead of the 1 May deadline set by the Treaty of Amsterdam for the adoption of a common EU asylum policy.

Agreement was possible as Germany finally gave its approval. So far, it had been blocking negotiations because of a possible inconsistency with a new national immigration law. However, during the Justice and Home Affairs Council meeting on 30 March, Germany indicated it was willing to drop its objections, on condition that people granted asylum under subsidiary protection regimes would enjoy less rights than refugees in terms of length of residence permits and access to employment and health care. The Ministers thus agreed on two different status and levels of rights for refugees and people benefiting from subsidiary protection.

The President of the Council, Irish Minister Mr Michael McDowell, said that the Council meeting had achieved significant progress. "This represents a key element in building a common EU asylum policy. We now have an important body of legislative instruments in the Union which will offer protection to refugees and others in need of protection, assist in reducing secondary movements of asylum seekers between our States and help to build confidence in our individual asylum systems".

However, the United Nations High Commissioner for Refugees, Ruud Lubbers and refugee and human rights organisations across Europe criticised the new agreement, fearing the double status could force genuine refugees back to their home countries and therefore possible persecution.

Mr Lubbers issued his warning in a statement the day before the Council reached understanding, saying the number of asylum-seekers entering the EU is falling and "there is no need to focus so single-mindedly on reducing standards and trying to deter or deny protection to as many people as possible."

Refugee and human rights organisations reminded EU member states that proposals to designate certain countries as "safe countries of origin" or "safe third countries," and the absence of a guaranteed right for all asylum seekers to remain in a country of asylum pending an appeal, would violate international obligations.

Under the new EU directive, people can be granted refugee status if there is a well-founded fear of that they could be persecuted for their race, religion, nationality, membership of a particular social group and/or political opinion. The fear must be such that it makes the applicant unwilling or unable to avail him or herself of the protection of the country of nationality. Subsidiary protection can be granted to people that are threatened of persecutions, torture or death for other criteria.

But the Council has not yet reached conclusion on another key directive that sets out the procedures to grant and withdraw refugee status.