Syrian refugees seeking protection in the EU: putting the CEAS to the test? - Madeline Garlick
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.
Outlines
🌐 Syrian Refugees and the European Asylum System
Madeleine Garlic, a guest researcher and fellow with the Open Society Foundations, addresses the Syrian refugee crisis and its impact on the European asylum system. She argues that the conflict in Syria, which began in 2011, has led to the largest humanitarian crisis and the greatest challenge for the European asylum system since its establishment in 1999. The United Nations High Commissioner for Refugees (UNHCR) reports a significant Syrian refugee population, with the European Union (EU) hosting a relatively small number compared to other regions. Garlic questions the comprehensiveness of the EU's response and the effectiveness of its legal instruments, financial resources, and policies in dealing with the refugee situation. She emphasizes the importance of international and European law, solidarity, and responsibility-sharing in addressing the crisis.
📊 The Scale and Impact of the Syrian Displacement
This paragraph delves into the evolution of the Syrian conflict and the resulting forced displacement. It describes the initial uprising in 2011, the subsequent government crackdown, and the escalation of violence leading to widespread displacement within Syria and into neighboring countries. The UN and Arab League's failed attempts to resolve the conflict, the use of chemical weapons, and the rise of Daesh (ISIS) are highlighted. The paragraph also details the immense human rights abuses and suffering documented by the UN Human Rights Council. The scale of displacement is quantified, showing a significant increase in refugee numbers from 40,000 in 2012 to an estimated 3.9 million by May 2015, with a focus on the challenges faced by host countries and the international community's efforts to provide humanitarian aid.
🏛 International Legal Protection for Syrians
The paragraph discusses the international legal framework for protecting Syrian refugees under the 1951 Refugee Convention, as interpreted by the UNHCR. It explains that the majority of Syrian refugees meet the refugee criteria due to well-founded fears of persecution linked to the conflict. The UNHCR's stance on the broad application of refugee criteria is outlined, including the consideration of indirect associations with conflict parties and the potential for persecution based on race, religion, nationality, social group, or political opinion. The paragraph also addresses the exclusion criteria under Article 1F of the 1951 Convention, which may apply to individuals guilty of serious crimes, while emphasizing the need for careful application of these clauses.
📈 EU's Uneven Response to Syrian Refugees
This section examines the EU's response to Syrian refugees, noting the high and varying protection rates across member states. It points out the uneven distribution of refugees, with a majority of asylum seekers applying in Sweden and Germany, and a smaller number of countries hosting the remaining refugees. The paragraph highlights issues such as backlogs in processing claims, security concerns, and the lack of contingency planning. It also discusses the EU's limited steps to support refugees outside its territory, including resettlement and humanitarian admission programs, which, while significant, fall short of the need and UNHCR's recommendations.
🚨 Challenges and Questions in the EU's Refugee Policy
The final paragraph presents challenges in the EU's response to the Syrian refugee crisis, such as the overwhelming of Bulgaria's reception capacity and the difficulties faced by sea arrivals. It raises questions about the effectiveness of the EU's reconciliation of refugee protection obligations with security concerns, national politics, and the management of refugee numbers. The paragraph questions the application of the principle of solidarity within and beyond the EU, and the sufficiency of long-term planning to address sudden crises. It concludes with a call for further consideration and work to ensure the EU can meet these challenges effectively.
Mindmap
Keywords
💡Syrian refugees
💡Common European Asylum System
💡UNHCR
💡Forced displacement
💡International refugee law
💡Solidarity and responsibility sharing
💡Resettlement
💡Humanitarian admission
💡Temporary Protection Directive
💡Asylum seekers
💡Refugee protection obligations
Highlights
Madeleine Garlic is a guest researcher at the University Center for Migration Law and a fellow with the Open Society Foundations.
The Syrian conflict has triggered the most significant challenge to the European asylum system since 1999.
UNHCR considers the Syria conflict the most dramatic humanitarian crisis of modern times.
European Union has only received 200,000 Syrian asylum seekers, a smaller number than Syrian refugees in Iraq alone.
EU member states have a wide range of legal instruments and financial resources to deal with refugees.
The response of the European Union to Syrian refugees has been less comprehensive than it could have been.
Lebanese President Michel Suleiman emphasized the burden of hosting 1.2 million Syrian refugees in a country of 4 million.
Former European Commissioner Kristalina Georgieva called for open hearts, wallets, and borders for refugees.
The Syrian uprising began in March 2011, leading to significant displacement within Syria and neighboring countries.
UN-led peace talks failed, and violence escalated with the involvement of Daesh in 2014.
The UN documented immeasurable suffering among the Syrian population due to gross human rights violations.
Displacement has mounted, with approximately 3.9 million refugees in neighboring countries as of May 2015.
UN agencies and humanitarian organizations have requested donor support, but only 19% of needs have been funded.
The EU has contributed 3.1 billion euros in humanitarian aid to Syrian refugees.
UNHCR concludes that the majority of Syrian refugees meet the criteria for refugee status under international law.
EU member states have shown varied responses to Syrians seeking protection, with different protection rates and practices.
The EU has committed to resettlement and humanitarian admission for some Syrians, but the numbers are small compared to needs.
The EU has not used the Temporary Protection Directive, designed for mass influx situations, due to concerns of a pull factor.
Garlic poses questions about the EU's ability to reconcile refugee protection with security and political concerns, and the practice of solidarity.
The EU needs long-term thinking to deal with sudden crises on the scale of the Syrian refugee situation.
Transcripts
hello my name is Madeleine garlic I am a
guest researcher at the no Megan
University Center for migration law I'm
also a fellow with the Open Society
Foundations working with the migration
policy institute and for many years I
was head of UNHCR's policy and legal
support unit at its bureau for Europe in
Brussels I'm going to speak to you today
about Syrian refugees and ask the
question whether this constitutes the
greatest challenge that the common
European asylum system has faced until
now i believe it's strongly arguable
that the Syria conflict and the related
forced displacement it has triggered
constitutes the most significant
challenge that the e used common
European asylum system has faced since
its inception in 1999 the united nations
high commissioner for refugees has
called the Syria conflict the most
dramatic humanitarian crisis the world
has seen in modern times unhcr's largest
refugee population today as made up of
Syrian refugees spread throughout the
region and further afield if the
European Union has only 200,000 Syrian
asylum seekers who have claimed
protection in its territory to date
that's a larger number which is smaller
from the total number of Syrian refugees
in Iraq alone and these are people
spread across 28 wealthy EU member
states who have today at their disposal
arguably the largest range of legal
instruments financial resources and
institutional tools and policies at
their disposal to deal with refugees
than they have ever had in their history
I will last today asked the question as
to why the europeans was a union's
response has been less comprehensive
than it could have been and what could
and should be done to improve it I
believe this is crucial as a matter of
international and european law and also
to ensure fulfillment of the principle
of solidarity and responsibility sharing
to which the european union has
expressed a repeated commitment in the
refugee and asylum context i'd like to
start today by quoting the former
lebanese president michel suleiman
who in 2013 said and I quote that these
numbers are more than the capacity of
any country to bear he said the world
should think about how to alleviate this
burden because for humanitarian reasons
we cannot turn back any refugee who is
hungry wounded frightened or persecuted
he was president of a country which
today hosts the largest per capita
refugee population in the world with
approximately 1.2 million Syrian
refugees in a country with a population
of 4 million this is equivalent to 20
million Syrian refugees in Germany or
the entire population of Germany seeking
protection in the United States it's
interesting to cast to contrast this
generous response with that of the
European Union just a few months later
in late 2013 the former European
Commissioner for Humanitarian Affairs
mrs. Kristalina Georgieva was quoted as
saying that European countries must not
only keep our hearts and our wallets
open but also our borders significantly
however she was not responsible at the
time for the EU s refugee and border
policies and today she is no longer
dealing with humanitarian aid today I'd
like to touch upon four topics first of
all the evolution of the conflict and
forced displacement secondly the
international protection needs of
Syrians in legal terms under
international refugee law thirdly I will
examine the Europeans Pont responses to
Syrian refugees today and finally pose
some questions for reflection around
whether the e use common policy on
asylum has met its challenge firstly on
the evolution of the conflict and forced
displacement until now it was March 2011
when the Syrian uprising began and the
government deployed tanks and military
forces to quell opposition in the
streets at the time despite US and EU
sanctions that repression continued and
significant displacement began within
Syria itself and into neighboring
countries the following year in 2012 the
UN and Arab League together deployed
invoice to try and resolve the conflict
unsuccessfully
violence continued and escalated and
chemical weapons were reported to have
been used in august 2013 although a deal
was later done on discontinuing use of
those weapons conventional weapons
continued to be used with devastating
consequences for the syrian civilian
population in februari 2014 un-led peace
talks collapsed the UN adopted a series
of resolutions calling upon the parties
to the conflict to allow access for
humanitarian agencies to civilians
without success and by mid-august 2014
we saw the entry onto the scene of daesh
or the islamic state which loaded by
late 2014 was controlling main Syrian
oil and gas fields in strategic
locations in August 2014 the UN
secretary-general stated that the
conflict continues to be carried raised
by horrendous violations of
international humanitarian law and human
rights abuses with total disregard for
Humanity by the end of 2014 the UN
Security Council had noted that an
estimated 190,000 people had died in the
conflict thus far including 10,000
children the UN Human Rights Council
convened an independent international
commission of inquiry on Syria which is
produced several reports over recent
years in August 2014 its report
documented and i quote immeasurable
suffering amongst the syrian population
noting that government and
pro-government forces as well in
increasing in terms of the islamic state
also were engaged in committing murder
torture rape forced disappearance
recruiting children for hostilities
targeting civilians massacres and
hostage-taking noting that these
together amounted to gross human rights
violations war crimes crimes against
humanity and violations of international
humanitarian law at the same time
displacement continued to mount the main
cases jump into the neighboring
countries in March 2012 a year after the
conflict again some 40,000 people were
i mated to have fled to neighboring
countries notably Iraq Jordan Lebanon
and Turkey by November of that same year
some seven months later four hundred
thousand refugees were in the
neighboring countries by March 2013 that
had risen 2 1,000,000 and by March 2014
1 year thereafter 2.5 million refugees
were recorded in the neighboring
countries as well as 6.5 million
internally displaced today as of may
2015 the total is estimated it close to
3.9 million refugees in the neighboring
countries this has broken down into 1.7
million hosted by Turkey and registered
by the government there Lebanon with
some 1.2 million refugees Jordan with
six hundred and twenty-eight thousand
Iraq with close to 250,000 Egypt hosting
133,000 and several North African
countries together with 24 thousand
refugees of this refugee population
approximately half in the region are
below 18 thousands of those children
lack access to schooling some
seventy-five percent of registered
refugees liver outside camps some in
host families but many others on the
rental market where prices have risen to
very difficult levels for many 38 /
Center in substandard accommodation half
of the refugees borrow money to survive
many are destitute in Lebanon it's noted
that some half of the refugee population
is living below the poverty line on less
than US dollar for u.s. dollars per day
so what is the international community
doing to seek to address this well a
number of UN agencies and other
humanitarian organizations have put
together several successive plans
calling for donor support to allow them
to address these needs the most recent
being the regional resilience and a
refugee and resilience plan the
so-called 3rp that was released in
December 2014 that plan calls for some
us 5.5 billion dollars to support a
projected 4.3 million refugees by the
end of this year so you can to bring
together
support and development assistance to
assist also some 1.7 million host
community members in countries in the
region around Syria that appeal was
funded at nineteen percent as of the
middle of May meaning that some eighty
percent of the needs projected so far
remain to be addressed the European
Union has made a significant
contribution to the humanitarian aid
effort with some 3.1 billion euros
contributed thus far by the EU and it's
28 member states together this is
included emergency aid as well as
development assistance and early
recovery support providing for food
assistance safe water supplies emergency
medical assistance shelter and cash for
subsistence so the EU has been quite
generous in financial turns to Syrian
refugees but has this commitment being
matched by its action to provide
protection directly to refugees at its
doorstep and in its territory before
examining the e u--'s response to asylum
seekers I'd like to recall un the UNHCR
s most recent analysis of the legal
position of Syrians under international
refugee law UNHCR has issued a series of
protection consideration documents
including the most recently of October
2014 which document the international
protection needs of Syrians in life of
international refugee law criteria and
standards from UNHCR's point of view
UNHCR has concluded that the vast
majority of refugees from Syria do
satisfy the criteria of article 1 a of
the 1951 convention relating to the
status of refugees in other words they
satisfy the definition of a refugee that
binds some 167 countries and is included
in the international law of many of
those it finds that most of those people
do need refugee protection because they
have a well-founded fear of persecution
that is directly linked to one of the 19
51 convention grounds this link to the
convention may lie in either direct or
indirect as well as a real or perceived
association with a party to the conflict
in addition to other characteristics of
the person in question relating to their
race religion nationality membership of
a social group or political opinion
UNHCR maintains that there should be no
requirement of having been individually
targeted in the sense of being singled
out for persecution on the part of
refugees this means that in unhcr's
views Syrians may be at risk due to
their imputed political opinion they may
be considered to have aligned themselves
with one or other party to the conflict
simply because they were residing in a
neighborhood or a village that was held
by one of those parties at a particular
time or because they railed occluded
actively to resist an occupying force if
they belong to a religious or ethnic
minority they may also have a particular
political view affiliate attributed to
them which may provide the pretext for
persecution on the part of one of those
parties involved in the conflict UNHCR
also considers in the increasingly
exceptional cases where the 1951
convention criteria are not messed that
states must give consideration to
applying broader refugee criteria this
means the criteria that are enshrined in
other regional refugee instruments
beyond the Refugee Convention and in the
EU context for example subsidiary
protection which is available for people
who are at risk of torture inhuman or
degrading treatment or punishment or an
individual threat in situations of
indiscriminate violence it also means
they should be considered in hcs view if
not fun to be refugees for national
forms of protection UNHCR acknowledges
that exclusion criteria may apply this
means that some Syrians seeking refuge
may be found to fall within the criteria
of article 1 f of the 1951 convention
because they are guilty of committing
war crimes crimes against humanity or
acts contrary to the purposes and
principles of the United Nations this
could arise based on
unlawful on tax on civilians based on
murder torture or other serious rights
violations they may have committed
participation in activities leading to
force displacement or rape and other
forms of sexual or gender based violence
however HCR has cautioned that exclusion
clauses must be play applied with great
care and the individual responsibility
must be found on the part of the person
concerned before they can be excluded
from refugee protection I'd like to move
now to the third part of my presentation
relating to the EU responses to Syrians
seeking protection thus far the total
number of asylum seekers in the EU plus
Norway Liechtenstein Sweden and Monaco
to end of may 2015 is approximately two
hundred and ten thousand many of those
who have applied are refugees or plus
meaning that they may have left Syria
before or for reasons unrelated to the
conflict but they have become unable to
return because of the risk of
persecution that would face them some
sixty percent of those who have applied
for protection in me you have done so in
sweden and germany there is also another
group of five states who accommodate
approximately a quarter being the
Netherlands Austria Bulgaria Denmark and
Hungary and the result is this of this
is that some 23 European countries host
the remaining twenty percent of the
Syrian refugee caseload clearly a highly
uneven distribution of the challenges
and demands that are generated by the
Syrian refugee population a leading a
member of the European Parliament in
December 2012 has characterized the
European Union's response so far as
somehow contradictory noting that a very
small percentage of Syrian refugees are
nau Europe primarily in 22 northern
countries she has noted that the EU is
and I quote asking Syria's neighbors to
open their borders but we are refraining
from doing the same it's not worthy to
see that at this stage most countries in
the EU are generally grunting high
protection rates to
syrians some 91% today receive
protection and united states where they
apply but this has not always been the
case and up until late 2014 we were
seeing recognition rates varying between
zero to ninety nine percent we still see
extremely different approaches taken by
member states to the criteria for
protection some member states giving
overwhelmingly refugee protection in
line with unhcr's recommendations but a
number of others who are giving
subsidiary protection in most cases with
lesser rights associated with that's
that status others are giving national
forms of status which with yet lower
levels of entitlements as well there's
also been a number of problematic
practices documented over the years
backlogs allowed to develop despite the
fact that these claims by and large
should be granted speedily lack of
contingency planning to enable swift
access to reception conditions into
entitlements a particularly intense
focus on security concerns and risks of
extremism as they are perceived on the
part of syrian refugees in some cases
we've also seen problematic reports of
denials of access for syrians to borders
and in some places failure to observe
basic standards for treatments of asylum
seekers which means that syrians in many
cases have chosen to move on either
feeling unable to pursue their refugee
claim in some of the first countries in
which they've arrived or driven by the
desire to reunite with family consistent
with the european and international
human rights apart from its varied
response to syrians within its territory
the EU has also sought to take a number
of steps albeit limited so far for
refugees beyond its territory who are in
need of protection as a gesture of
solidarity and burden sharing with some
of those countries that are hosting the
largest numbers the EU has committed
itself to undertake resettlement and
humanitarian admission for some of the
syrians in particularly Lebanon Turkey
and Jordan resettlement involves the
selection and transfer over
geez from a third state to another which
agrees to admit them as refugees and to
give them long-term protection rights
humanitarian admission is a similar
process than a number of EU member
states are practicing which involves in
principle a temporary right to stay it's
noteworthy however that the states that
have practiced humanitarian admission so
far Annie you are very positively
committed to refrain from returning
people until such time as return to
Syria and safety and dignity as possible
resettlement enables countries offering
protection to prioritize vulnerable
people in particular women and girls at
risk survivors of torture and violence
those with specific medical needs that
can't be matched in their first country
of asylum as well as older vulnerable
adults and separated family members it's
also includes refugees facing serious
threats to their physical security where
they are the EU until now has pred
pledged close to 40,000 places
altogether and this is the commitment
made by 15 EU member states as well as 3
non EU member states notably
Liechtenstein norway and switzerland
this number is a significant increase on
the amount of resettlement the EU has
been prepared to do in the past but it
remains small compared to the numbers of
refugees in need of protection in the
region and also she falls far short of
UNHCR score for a hundred thousand
resettlement places by the end of 2016
what's been noteworthy also around the e
u--'s response is its unwillingness the
sphere far to use a legal instrument
that arguably was adopted specifically
for the purpose of dealing with the
emergency of this kind the e used
temporary protection directive adopted
in 2001 falls provides a framework for
the EU to admit swiftly and provide
protection to refugees who might arrive
in a so-called mass influx this
instrument designed to deal with the
situation like that seen during the Wars
of the former Yugoslavia in the 1990s
has never been used until now and
although it wouldn't able lead to
respond very swiftly to those arriving
at
supporters it's not been used to date
largely because of the perception that
this would lead to a so-called pull
factor attracting many more refugees
from the region to the EU I'd like to
highlight two cases in point would
demonstrate the problematic shortfalls
in the EU's response until now firstly
that of Bulgaria a country which
received less than a thousand asylum
claims per year until 2013 when a sudden
increase came in the form of some seven
thousand Syrians seeking protection in
its territory both areas reception
capacity was swiftly overwhelmed it was
unable to accommodate register or
process the asylum claims of those
people seeking its protection UNHCR the
European Commission and the European
Asylum support office mobilized a number
of programs and assistance measures to
help it to respond but Bulgaria remains
unable to provide standard the
protection and entitlements of an
adequate standard to meet EU norms for
many of those arriving another clear
case of challenges the EU has not been
able to address adequately is that of
sea arrivals some two hundred and
nineteen thousand people arrived in the
ubc in 2014 over half were obtained from
Syria and Eritrea it's clear that the
reception capacity in countries where
they have arrived in the largest number
has swiftly been overwhelmed and yet the
EU has been unable until now to put in
place capacity to ensure that people can
be rescued where they enter to get into
distressed situations at sea and swiftly
receive protection in cases where this
is Mary Lou 'this is merited against
this background I'd like to post three
questions about the US response so far
first of all could we really say that
States responses to Syrian displacement
in the EU so far have managed to
effectively reconcile refugee protection
obligations on the one hand with
concerns about security national
politics and the desire to keep refugee
numbers to manageable levels on the
other secondly can we say that the
principle of solidarity both
then and beyond the EU that the European
Union member states have continuously
expressed has been put into practice in
this area response and thirdly whether
or not there's been sufficient long-term
thinking about how to give the EU the
flexibility it needs to deal with sudden
crisis on the scale we have seen think
it's clear that these all need further
consideration and work before the you
can be said satisfactorily to have met
these challenges thank you very much and
I wish you all the best with your work
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