Syrian refugees seeking protection in the EU: putting the CEAS to the test? - Madeline Garlick

Refugee Law Observatory
1 Jun 201522:45

Summary

TLDRMadeleine Garlic discusses the Syrian refugee crisis as a significant challenge to the European asylum system since 1999. She highlights the UNHCR's perspective on the legal protection needs of Syrians under international law and critiques the EU's response, including its resettlement efforts and the uneven distribution of refugees across member states. Garlic poses questions about the effectiveness of the EU's approach and the principle of solidarity in practice, calling for further consideration of long-term strategies to address such crises.

Takeaways

  • 🌍 The Syrian conflict has triggered one of the most significant challenges to the European asylum system since its inception in 1999.
  • 📉 The number of Syrian refugees in the EU (200,000) is relatively small compared to the total number of Syrian refugees in Iraq alone.
  • 🏛️ Despite having extensive legal instruments and resources, the EU's response to Syrian refugees has been less comprehensive than it could have been.
  • 👥 The EU is responsible for a large number of Syrian asylum seekers, spread across 28 member states.
  • 🔄 The Syrian refugee crisis has led to a significant displacement of people, with many living in poor conditions and lacking access to basic needs.
  • 💼 The UNHCR has called for international support to address the humanitarian crisis, with a significant funding gap remaining.
  • 📜 Under international refugee law, the majority of Syrian refugees meet the criteria for refugee status due to well-founded fears of persecution.
  • 🏢 The EU has shown a varied response to Syrian refugees, with some countries granting high protection rates, while others have been less accommodating.
  • 🚫 There have been reports of problematic practices, including denial of access to borders and failure to observe basic standards for the treatment of asylum seekers.
  • ❓ The EU's response raises questions about the balance between refugee protection obligations and concerns about security, national politics, and managing refugee numbers.

Q & A

  • Who is Madeleine Garlic and what are her affiliations?

    -Madeleine Garlic is a guest researcher at the University Center for Migration Law and a fellow with the Open Society Foundations, working with the Migration Policy Institute. She was also the head of UNHCR's policy and legal support unit at its bureau for Europe in Brussels.

  • What is the main topic of Madeleine Garlic's speech?

    -The main topic of her speech is the Syrian refugee crisis and whether it constitutes the greatest challenge that the common European asylum system has faced so far.

  • Why does the UNHCR consider the Syrian conflict a significant humanitarian crisis?

    -The UNHCR considers the Syrian conflict a significant humanitarian crisis due to the dramatic displacement it has triggered, with the largest refugee population today being made up of Syrian refugees spread throughout the region and beyond.

  • How many Syrian refugees are there according to the UNHCR?

    -The exact number is not specified in the script, but it mentions that as of May 2015, the total is estimated to be close to 3.9 million refugees in neighboring countries.

  • What is the EU's response to the Syrian refugee crisis in terms of financial aid?

    -The EU has contributed significantly to the humanitarian aid effort, with some 3.1 billion euros contributed by the EU and its 28 member states, including emergency aid, development assistance, and early recovery support.

  • What are the challenges faced by the European Union in handling the Syrian refugee crisis?

    -Challenges include an uneven distribution of refugees among member states, varying recognition rates for refugee status, security concerns, and the lack of a comprehensive and unified response to asylum seekers.

  • What is the UNHCR's stance on the legal position of Syrians under international refugee law?

    -The UNHCR concludes that the vast majority of refugees from Syria satisfy the criteria of the 1951 Convention relating to the Status of Refugees, indicating they have a well-founded fear of persecution.

  • What is the difference between refugee protection and subsidiary protection in the EU context?

    -Refugee protection is granted to those who meet the criteria of the 1951 Convention. Subsidiary protection is available for people at risk of torture, inhuman or degrading treatment, or punishment, or those facing indiscriminate violence, even if they do not meet the refugee criteria.

  • What is the EU's resettlement commitment for Syrian refugees?

    -The EU has pledged close to 40,000 resettlement places, made by 15 EU member states and 3 non-EU member states, to prioritize vulnerable individuals such as women, children, survivors of violence, and those with specific medical needs.

  • Why has the EU not used the Temporary Protection Directive for the Syrian refugee crisis?

    -The EU has not used the Temporary Protection Directive, designed for mass influx situations, due to concerns that it might create a 'pull factor' attracting more refugees to the EU.

  • What are the three questions Madeleine Garlic poses for reflection on the EU's response to the Syrian refugee crisis?

    -The questions are: 1) Whether the EU has managed to reconcile refugee protection obligations with security and political concerns; 2) If the principle of solidarity has been put into practice in the EU's response; 3) If there has been sufficient long-term thinking about how to give the EU the flexibility to deal with sudden crises.

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Related Tags
Syrian RefugeesEU AsylumHumanitarian CrisisMigration LawUNHCRPolicy ResponseLegal SupportSolidarity PrincipleRefugee ProtectionInternational LawEuropean Union