Asylum in the Balkans: European Union and United Nations High Commissioner for Refugees assistance to Balkan countries for establishing asylum systems

Abstract

The externalization of EU asylum and immigration policy that arose from the EU Council of Seville bears the conflicting dichotomy that is proven detrimental to the EU asylum and immigration reform: the contradiction between principles of human rights on the one hand, and that of internal security on the other. However, in the EU foreign policy, the element of internal security seems to prevail. There exists only a limited need to pacify dissented domestic actors such as human rights and refugee rights groups, whom, whereas they are very vocal in opposing EU asylum and immigration reform at home, remain uninformed and ill‐equipped to be able to protest against the external wing of this reform. Rather, a limited number of international NGOs and international organizations have criticized many elements of the EU foreign policy regarding asylum and immigration. I argue that the external wing of the EU asylum and immigration policy is overwhelmingly infused with a tendency to halt the immigration influx toward its territories, with little concern for human rights and international standards of refugee protection. I empirically analyze my argument through considering the case of the EU policies and UNHCR assistance to Balkan countries as they work to establish asylum systems in this region.

Notes

‘UK Government: Asylum Reforms—Next Phase.’ M2 PRESSWIRE, 23 March 2001/World News, 26 March 2001 (consulted April 2002). Available online at: www.unhcr.ch.

‘CARDS Assistance Programme for the Western Balkans: Regional Strategy Paper, 2002–2006’ (consulted April 2002). Available online at: http://europa.eu.int.

‘Launching of a 3 Million Euro Project on the Application of the EU acquis on Asylum in Central and Eastern Europe.’ HR‐NET (consulted April 2002). Available online at: www.hri.org.

‘Summary Project Fiche.’ EU document, D.N. BG 0103.06, T.C. BG/IB/2001‐HJ‐02, p. 6 (consulted April 2002). Available online at: www.europa.eu.int.

The ‘Western Balkans’ have recently been considered to comprise Albania, Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Yugoslavia (now, Serbia and Montenegro) and Kosovo in cases where it has been referred to as an unique political entity. These countries are the major recipients of the Stability Pact in Southeastern Europe, and are also involved in the Stabilization and Association Process with the EU.

The Meeting of Sarajevo (28 March 2001) between the EU and Albania, Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia and the Federal Republic of Yugoslavia on the follow‐up to the Zagreb Summit held on 24 November 2000 aimed to concretize the commitments undertaken by these Balkan countries in the Finale Declaration of Zagreb, with regard to the improvement and enhancement of regional cooperation in the field of asylum and immigration. The EU was represented by Maj‐Inger Klinvall, Minister for Development Cooperation, Migration and Asylum Policy of Sweden (Sweden held at that time the EU Presidency), assisted by Antoine Dubuesne, Minister of Interior of Belgium, and European Commissioner Antonio Vitorino. The Balkan countries—all of whom were involved in the Association and Stabilization Process—were represented by: Albania (Bujar Himçi, Deputy Minister of Public Order); Bosnia and Herzegovina (Svetozar Mihajloviç, Minister of Civil Affairs and Communications); Croatia (Josip Vresk, Deputy Minister of Interior); Macedonia (Maria Efremova, Assistant Minister of Foreign Affairs); and the Former Republic of Yugoslavia (Zoran Živkoviç, Minister of Interior). For more information, see ‘La Dichiarazione di Sarajevo del [21] marzo 2001’ [The Declaration of Sarajevo of {21} March 2001]. Osservatorio sui Balcani, 30 July 2002 (consulted September 2004). Available online at: http://auth.unimondo.org/cfdocs/obportal/index.cfm?fuseaction=news.dossierdetails&News; also ‘Report on Migration and Asylum Policy in the EP: Dutch Presidency of the European Union,’ 20 June 2001 (consulted September 2004). Available online at: http://europa‐eu‐un.org/article/sv/article_155_sv.htm.

‘Albania Country Strategy Paper, 2002–2006.’ European Commission, 30 November 2001, pp. 25–26; Annexe 1, p. 58 (consulted April 2002). Available online at: www.europa.eu.int.

‘Support Programme for Albania in 2001.’ European Commission, 2001, p. 2 (consulted September 2004). Available online at: www.europa.eu.int.

‘Bosnia and Herzegovina Country Strategy Paper, 2002–2006.’ European Commission, Annex (consulted September 2004). Available online at: www.europa.eu.int.

‘Support Programme for Croatia in 2001.’ European Commission, 2001, p. 2 (consulted September 2004). Available online at: www.europa.eu.int.

‘CARD Assistance Programme—Former Yugoslav Republic of Macedonia, 2002–2006.’ European Commission, Table, p. 62 (consulted September 2004). Available online at: www.europa.eu.int.

‘UK: Blunkett Wants Asylum Seekers Sent to Albania.’ Daily Telegraph, 10 March 2003/World News, 10 March 2003 (consulted September 2004). Available online at: www.unhcr.ch.

‘EU Rejects Asylum Camps Plan.’ The Guardian, 20 June 2003.

‘UK: Blunkett Plans to Send Asylum Seekers to Albania.’ Sunday Telegraph, 9 March 2003/World News, 9 March 2003 (consulted September 2004). Available online at: www.unhcr.ch.

‘Tampere Summit: European Union Asylum Policy Must Be Protective.’ Amnesty International (consulted September 2004). Available online at: www.amnesty.ie.

See Note 12 above.

See Note 12 above.

See Note 13 above.

‘1995 EU Council Conclusions on Re‐admission Clauses.’ Statewatch (consulted December 2004). Available online at: www.statewatch.org/news/2003/may/12a1995ccs.html.

‘Presidency Conclusions Seville European Council, 21 and 22 June 2002.’ DN: DOC/02/13, 24 June 2002, p. 7 (consulted September 2004). Available online at: www.europa.eu.int.

In Article 2, the agreement stipulates that: ‘Albania shall admit, upon application by a Member State and without further formalities other than those provided for in this agreement, all persons who do not, or who no longer, fulfill the conditions in force to presence in, or residence on, the territory of the requesting Member States provided that it is proved, or may be validity assumed on the basis of prima facie evidence furnished, that they are nationals of Albania.’ Article 3 stipulates that: ‘Albania shall readmit, upon application by a Member State and without further formalities other than those provided for in this agreement, all third‐country nationals or stateless persons who do not, or who no longer, fulfill the conditions in force to presence in, or residence on, the territory of the requesting Member States provided that it is proved, or may be validity assumed on the basis of prima facie evidence furnished, that such persons: a) hold or at the time of entry held valid visa or residence authorization issued by Albania; or b) entered the territory of the Member State after having stayed on, or transited through, the territory of Albania.’ Article 15 stipulates that: ‘[A]ll transport costs incurred in connection with readmission and transit operations pursuant to this agreement as far as the border of the State of final destination shall be borne by the requesting State.’

COM(2002) 175, 10 April 2002.

‘Lubbers Proposes New Approaches on Asylum‐Migration Issues in EU.’ UNHCR New Stories, 28 March 2003 (consulted September 2004). Available online at: www.unhcr.ch.

‘Statement by Mr. Ruud Lubbers, United Nations High Commissioner for Refugees, on the Occasion of the UN Secretary‐General's Acceptance of the Declaration of The Hague on the Future of Refugee and Migration Policy.’ The Hague, 22 November 2002, High Commissioner's Statements (consulted September 2004). Available online at: www.unhcr.ch.

‘Commission Green Paper on a Community Return Policy on Illegal Residents: UNHCR's Comments.’ UNHCR, Geneva, July 2002.

For more on critiques of refugee protection international NGOs, see: ‘Comments from the European Council on Refugees and Exiles on the Commission Green Paper on a Community Return Policy on Illegal Residents,’ 2 August 2002 (consulted September 2004; available online at: www.ecre.org/statements/returns.shtml); ‘Treating “Illegals” Legally: Commentary Regarding the European Commission Green Paper on a Community Return Policy on Illegal Residents.’ Human Rights Watch, Briefing Paper, August 2002. Human Rights Watch considers that the Commission's Green Paper ‘either references many of [human rights] standards incompletely or omits them altogether’.

‘Communication from the Commission to the Council and the European Parliament, Integrating Migration Issues in the European Union's Relations with Third Countries.’ COM (2002) 703 final, Brussels, 12 March 2002, p. 4 (consulted September 2004). Available online at: www.europa.eu.int.

‘Communication from the Commission to the Council and the European Parliament,’ p. 7.

This new policy of the EU has been adapted from successful former practices of its Member States. In order to come in terms with the EU demands, Poland was encouraged to sign the readmission agreement with Germany in exchange for funding of DM120 million to improve its asylum system and border controls (see Bouteillet‐Paquet, Europe, 292).

‘La Dichiarazione di Sarajevo del [21] marzo 2001’ [The Declaration of Sarajevo of {21} March 2001]. Osservatorio sui Balcani, 30 July 2002 (consulted September 2004). Available online at: http://auth.unimondo.org/cfdocs/obportal/index.cfm?fuseaction=news.dossierdetails&News

See Note 30.

See Note 30.

See Note 25.

‘Council Decision on the Inclusion of Model Re‐admission Clauses in Community Agreements and in Agreements between the European Community, its Member States and Third Parties.’ European Union, 13409/99, LIMITE, MIGR 69, 25 November 1999.

See Note 30.

See Note 30.

See Note 30.

See Note 30.

For data on asylum seekers, see ‘Asylum Applications in Industrialized Countries, 1980–1999,’ ‘Asylum Applications in Industrialized Countries, 2000–2002’ and ‘Asylum Levels and Trends in Industrialized Countries, January to November 2003’ (consulted December 2004). Available online at: www.unhcr.ch.

‘The Stabilisation and Association Process (SAP): Second Annual Report.’ European Commission (consulted December 2004). Available online at: www.europa.eu.int.