Fortress Europe ? Fortress Europe ? - Asylum seekers rights in - Asylum seekers rights in

Europe, theory and practice Europe, theory and practice

by Jochen Schwarzby Jochen Schwarz

Lawyer & Master of European Law Lawyer & Master of European Law LL.MLL.M

OASE BERLINOASE BERLINIntegration projects for Refugees and Immigrants Integration projects for Refugees and Immigrants

July 2011July 2011

OutlineOutline

Start: „If you were a refugee…“ and „The administration“ games Start: „If you were a refugee…“ and „The administration“ games

• Basic definitions concerning refugee protectionBasic definitions concerning refugee protection• The concept of „Non refoulement“ & the definition of The concept of „Non refoulement“ & the definition of

„persecution“„persecution“• International & European laws and provisionsInternational & European laws and provisions• Asylum rights at Sea ?Asylum rights at Sea ?• Daily problems of Asylum Seekers during the procedureDaily problems of Asylum Seekers during the procedure• „„Irregular“ / „Illegal“ / „Sans papiers“ - Refugees without papersIrregular“ / „Illegal“ / „Sans papiers“ - Refugees without papers• Refuge from developing to developed countries ? – Some Refuge from developing to developed countries ? – Some

statisticsstatistics• Crises & Migration FlowsCrises & Migration Flows• Integration models and perspectivesIntegration models and perspectives

End: Migration Quiz End: Migration Quiz

If you were a refugee…? If you were a refugee…? Expectations Expectations to an “ideal” refugee protectionto an “ideal” refugee protection

Starting game „If you were a refugee“ (developed by OASE Team)Starting game „If you were a refugee“ (developed by OASE Team)

Situation: Situation:

You have to flee from your own country because of an environmental You have to flee from your own country because of an environmental catastrophe, you have to catastrophe, you have to

leave immediately and apply for asylum in a neighbour state leave immediately and apply for asylum in a neighbour state

Instructions: Instructions:

• Please choose 3-5 points, written on the box, that would be the most Please choose 3-5 points, written on the box, that would be the most important for you, if you would have to flee as a refugeeimportant for you, if you would have to flee as a refugee

• Think about your national regulations or the EU regulations and think about, Think about your national regulations or the EU regulations and think about, what this would mean to you in your situation (as far as you know).what this would mean to you in your situation (as far as you know).

• Think about more rights and points, you would like to have in this situation Think about more rights and points, you would like to have in this situation (3-5 points).(3-5 points).

• Compare the results with other participants (maybe those with the same Compare the results with other participants (maybe those with the same nationality) and look at the answers, that you will find in the boxes nationality) and look at the answers, that you will find in the boxes concerning the EU legislations and the German praxis concerning the EU legislations and the German praxis

• Think about, in what way those conditions could be relevant for a successful Think about, in what way those conditions could be relevant for a successful integration processintegration process

„„The administration“ GameThe administration“ Game

InstructionsInstructions: :

after the discussion of the refugee regulations in after the discussion of the refugee regulations in groups, onegroups, one

member of each group has to go to the member of each group has to go to the administration table administration table

„„autoridade pública“ to fill out an „integration form“autoridade pública“ to fill out an „integration form“

Good luck!Good luck!

Basic definitions Basic definitions concerning refugee concerning refugee

protection protection

Who is an Immigrant? Who is an Immigrant?

MigrationMigration: Every kind of movement into or out of a national : Every kind of movement into or out of a national country country

Differentiate Differentiate the reasonsthe reasons for migration by: for migration by:

OriginOrigin: Internal migration inside the EU / or migration from : Internal migration inside the EU / or migration from third countriesthird countries

Ressettlers / Ex - Patriats with family backgroundRessettlers / Ex - Patriats with family backgroundHaving a certain intended purpose:Having a certain intended purpose:• Subsequent migration of family members or partners Subsequent migration of family members or partners •             Work, Study, Vocational training Work, Study, Vocational training • Medical reasonsMedical reasons

MotivationMotivation: voluntary migration - forced migration (Refugees) : voluntary migration - forced migration (Refugees) StatusStatus: legal - illegal (irregular) migration : legal - illegal (irregular) migration

Who is a refugee?Who is a refugee?

Geneva convention (1951): Definition of the term „refugee“Geneva convention (1951): Definition of the term „refugee“

„ „ As a result of events occurring before 1 January 1951 and As a result of events occurring before 1 January 1951 and owing to well-founded owing to well-founded fear of being persecutedfear of being persecuted for reasons of for reasons of „race“, religion, nationality, membership of a particular social „race“, religion, nationality, membership of a particular social group or political opiniongroup or political opinion, is outside the country of his , is outside the country of his nationality and is unable or, owing to such fear, is unwilling to nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; avail himself of the protection of that country;

or who, or who, not having a nationalitynot having a nationality and being outside the country and being outside the country of his former habitual residence as a result of such events, is of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it“ unable or, owing to such fear, is unwilling to return to it“

(stateless people) (stateless people)

Why do people flee? Possible Reasons Why do people flee? Possible Reasons for seeking refuge for seeking refuge

The Reasons for fleeing a country of origin and seeking refuge are The Reasons for fleeing a country of origin and seeking refuge are numerous numerous

    e.g. (not exhaustive)e.g. (not exhaustive)•       PovertyPoverty•       WarWar•       DisplacementDisplacement•       Refuge from environmental catastropheRefuge from environmental catastrophe•       Racism and discrimination Racism and discrimination • Religious reasons Religious reasons •       Illness, medical reasons Illness, medical reasons •       State repressionsState repressions• Repressions from clans or other non state agents Repressions from clans or other non state agents •       Human Rights violations, torture Human Rights violations, torture •       Violence Violence •       Personal and familial reasons Personal and familial reasons •      Economic reasons, missing perspectives in country of Economic reasons, missing perspectives in country of

originorigin

The concept of „Non The concept of „Non refoulement“ & refoulement“ & the definition of the definition of „persecution“„persecution“

The „Non-refoulement“-principle as The „Non-refoulement“-principle as the fundament of international the fundament of international

Refugee LawRefugee Law

Article 33. - Prohibition of expulsion or return ("refoulement") Article 33. - Prohibition of expulsion or return ("refoulement")

• 1.  No Contracting State shall expel or return (" refouler ") a 1.  No Contracting State shall expel or return (" refouler ") a refugee in any manner whatsoever to the frontiers of territories refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatenedwhere his life or freedom would be threatened on account of his on account of his „race“, religion, nationality, membership of a particular social „race“, religion, nationality, membership of a particular social group or political opinion. group or political opinion.

Exclusion clause:Exclusion clause:

• 2. The benefit of the present provision may not, however, be 2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for claimed by a refugee whom there are reasonable grounds for regarding as a regarding as a danger to the securitydanger to the security of the country in which he of the country in which he is, or who, having been convicted by a final judgement of a is, or who, having been convicted by a final judgement of a particularly serious crimeparticularly serious crime, constitutes a danger to the , constitutes a danger to the community of that country. community of that country.

Persecution (1) - Persecution (1) - Scope of Scope of protection & wprotection & well founded fear ell founded fear

„„Persecution“: Persecution“: • If there is a high grade of risk, that there If there is a high grade of risk, that there

will be a danger of will be a danger of life, freedom, torture life, freedom, torture or imprisonmentor imprisonment (without trial) if (without trial) if returningreturning

„„Well founded Fear“:Well founded Fear“: • subjective / objective sightsubjective / objective sight: if someone in : if someone in

the place as the refugeee would have had the place as the refugeee would have had reasonable grounds fearing persecution reasonable grounds fearing persecution

Persecution(2)- Reasons and actorsPersecution(2)- Reasons and actors

Individual reasons: Individual reasons:

• Political opinion; Religious or ethnic reasonsPolitical opinion; Religious or ethnic reasons• Gender, Sex Gender, Sex • Belonging to a Belonging to a persecuted social grouppersecuted social group, e.g: minorities, , e.g: minorities,

organisations, groups: journalists, feminists, homosexuells etc. organisations, groups: journalists, feminists, homosexuells etc.

Actor: Actor: • State & non state agents (supported or tolerated by the state) State & non state agents (supported or tolerated by the state) • If the state is If the state is not willling or capablenot willling or capable to protect his nationals to protect his nationals

(e.g. civil war)(e.g. civil war)

Exclusion: Exclusion: • There is no so called There is no so called „internal flight option“„internal flight option“ in the country in the country

of originof origin

Persecution(3)Persecution(3) - -War refugeesWar refugees

• General emergency situations like poverty, General emergency situations like poverty, permanent joblessness or catastrophes or even permanent joblessness or catastrophes or even civil war situations in the home country are per se civil war situations in the home country are per se not recognized as not recognized as individual reasonsindividual reasons for for persecution persecution

• Concerning civil wars, there is a possibility, that Concerning civil wars, there is a possibility, that the state will implement a the state will implement a temporary protection temporary protection regulationregulation for war refugees in a contingent for a for war refugees in a contingent for a certain limited period of time certain limited period of time e.g.: Ex- Yugoslavia e.g.: Ex- Yugoslavia & Kosovo, Iraque)& Kosovo, Iraque)

• There is a EU directive since 2001 concerning There is a EU directive since 2001 concerning temporary protection in civil war situations and temporary protection in civil war situations and the minimum standards in the member states the minimum standards in the member states

Example: Asylum in GermanyExample: Asylum in Germany

• Art. 16 a GG (German constitution): Art. 16 a GG (German constitution): „„politisch Verfolgte genießen politisch Verfolgte genießen Asylrecht“Asylrecht“ asylum status is granted if there was persecution asylum status is granted if there was persecution before before fleeingfleeing. This indicates, that there will be future persecution and a . This indicates, that there will be future persecution and a danger of refoulement would exist, if returningdanger of refoulement would exist, if returning

• § 60 AufenthaltsG, Abs. 1 – 7 § 60 AufenthaltsG, Abs. 1 – 7 Reasons for asylum, that arose Reasons for asylum, that arose after after the flight:the flight: A Asylum status (temporary) is granted, if there are reasons sylum status (temporary) is granted, if there are reasons for persecution because of actions for persecution because of actions after the flightafter the flight e.g. because of e.g. because of political activities in the country of exile or a change of political political activities in the country of exile or a change of political situation or legal system in the country of origin e.g. Iraq, Afghanistansituation or legal system in the country of origin e.g. Iraq, Afghanistan

Withdrawal of the asylum status:Withdrawal of the asylum status:

• The granted Asylum status can at any time beThe granted Asylum status can at any time be withdrawn withdrawn! (after 3 ! (after 3 years there is a control of each individual case) years there is a control of each individual case)

• Change of circumstances in country of origin, change of political Change of circumstances in country of origin, change of political system system

  

Example: Asylum procedure in Example: Asylum procedure in GermanyGermany

First application / procedureFirst application / procedure

• Application and Application and Asylum interviewAsylum interview at the State office for refugees at the State office for refugees („Bundesamt für Migration und Flüchtlinge“):(„Bundesamt für Migration und Flüchtlinge“): Rejection or acknoledgement of Rejection or acknoledgement of the application as refugee the application as refugee

• If Acknowledged: Residence Permit, working permit, right for family If Acknowledged: Residence Permit, working permit, right for family unification, travel passport unification, travel passport

• If rejected: possible appeal at the court of administration If rejected: possible appeal at the court of administration („Verwaltungsgericht“) („Verwaltungsgericht“)

• If rejected again: appeal at the higher court of administration If rejected again: appeal at the higher court of administration („Oberverwaltungsgericht“)(„Oberverwaltungsgericht“)

• If rejected: constitutonal appeal at the highest constitutional court If rejected: constitutonal appeal at the highest constitutional court („Bundesverfassungsgericht“) or at the European Court for Human Rights („Bundesverfassungsgericht“) or at the European Court for Human Rights

Second ApplicationSecond Application

• If there is a If there is a new political situationnew political situation in the country of origin or if there is a in the country of origin or if there is a change in the personal situation and there are change in the personal situation and there are new reasons for the asylum new reasons for the asylum claimclaim: Subsequent / Second application for asylum is possible („subsequent : Subsequent / Second application for asylum is possible („subsequent application/second application“)application/second application“)

International & International & European laws and European laws and

provisions provisions

International lInternational laws concerning aws concerning asylum lawasylum law

Basis of the refugee law: Protection of Human RightsBasis of the refugee law: Protection of Human Rights

•           UNO Declaration of Human Rights (1948) UNO Declaration of Human Rights (1948) • European Convention of Human Rights (1950)European Convention of Human Rights (1950)

International special laws : International special laws :

•     Geneva Convention concerning the status of Refugees Geneva Convention concerning the status of Refugees (1951)(1951)

• Anti - Torture Convention (1984)Anti - Torture Convention (1984)• Children Rights Convention (1990)Children Rights Convention (1990)

Customary law and bi-national contractsCustomary law and bi-national contracts

Development of European Asylum Development of European Asylum LawLaw

So called „Asylum compromise“ 1993 in GermanySo called „Asylum compromise“ 1993 in Germany , now standard all over Europe , now standard all over Europe   • Conception of safe third country Conception of safe third country If coming (travelling) from a safe third If coming (travelling) from a safe third

country, the asylum claim is rejected automatically, Germany e.g. is surrounded country, the asylum claim is rejected automatically, Germany e.g. is surrounded by safe third countries. There is a list of safe third countries, e.g: all countries of by safe third countries. There is a list of safe third countries, e.g: all countries of the EU are seen as “safe“ the EU are seen as “safe“

• Conception of safe country of origin Conception of safe country of origin If coming from a safe country of origin If coming from a safe country of origin the asylum claim is automatically rejected without inverstigting the reasons. There the asylum claim is automatically rejected without inverstigting the reasons. There is a list of countries, classified as safeis a list of countries, classified as safe

  • Airport regulations Airport regulations AAccelerated procedure at the airport, if coming from a safe ccelerated procedure at the airport, if coming from a safe

third country or from a safe country of originthird country or from a safe country of origin

Critique:Critique: In most European countries now these rules are implemented, juridically and In most European countries now these rules are implemented, juridically and

politically very problematic, see the Dublin II regulation: there is no politically very problematic, see the Dublin II regulation: there is no burden burden sharingsharing, the southern and eastern countries have much more resonponsability , the southern and eastern countries have much more resonponsability than the central europe states. Which refugee can afford to flee with the plane? than the central europe states. Which refugee can afford to flee with the plane?

Fortress Europe ?!Fortress Europe ?!

A harmonised European Asylum A harmonised European Asylum

System ? System ? • Since 1990 Schengen system: free Movement of People for EU citizens Since 1990 Schengen system: free Movement of People for EU citizens • Since 1998 (Meeting in Tampere): Harmonisation of the different Asylum regulation Since 1998 (Meeting in Tampere): Harmonisation of the different Asylum regulation

inin the EU: So called „Haager Programme“, now followed by „Stockholm Programme“: the EU: So called „Haager Programme“, now followed by „Stockholm Programme“:

TargetTarget: :

Creating a harmonized system in the EU with Creating a harmonized system in the EU with common minimal standardscommon minimal standards in the in the EU concerning asylum law, so that every asylum seeker has a fair and equal EU concerning asylum law, so that every asylum seeker has a fair and equal

chance forchance for an asylum claim an asylum claim

Critique: Critique:

• Do we really have a harmonised and fair system yet? Do we really have a harmonised and fair system yet? In reality In reality there are still there are still different protection standards; z.B.: Greece / Sweden / Italydifferent protection standards; z.B.: Greece / Sweden / Italy

• After the revolt in Tunesia and North African States: Denmark starts to control theAfter the revolt in Tunesia and North African States: Denmark starts to control the border to Germany again, Italy and France don´t accept Schengen visa from border to Germany again, Italy and France don´t accept Schengen visa from

tunesiantunesian boat people ? The End of the Schengen System? boat people ? The End of the Schengen System?

EU Directives and RegulationsEU Directives and Regulations Important EU directives concerning asylum law, binding for the member states Important EU directives concerning asylum law, binding for the member states

direct or indirectdirect or indirecte.g.e.g.• Directive on the Directive on the qualification and status ofqualification and status of refugeesrefugees > refugee definition > refugee definition• Directive on minimal standards in the Directive on minimal standards in the asylum procedureasylum procedure • Family reunionFamily reunion directive directive • Directive on minimum standards on the Directive on minimum standards on the reception of applicants for asylumreception of applicants for asylum in in

the Member States the Member States > special regulations for > special regulations for minorities, unaccompanied minors, families or minorities, unaccompanied minors, families or

other so calledother so called vulnerable groupsvulnerable groups• Directive on Directive on temporary protectiontemporary protection in case of a mass influx of displaced persons in case of a mass influx of displaced persons

• Dublin IIDublin II Regulation Regulation

Critique: Critique:

• The Member states agreed on the lowest standards instead of creating the The Member states agreed on the lowest standards instead of creating the highest protection highest protection

standards: standards: „compromise of the lowest common denominator“„compromise of the lowest common denominator“• Minimal standards lack social elements Minimal standards lack social elements

Regulation Dublin IIRegulation Dublin II

TargetTarget: Prevent so called „Asylum shopping“, the free choice of an asylum host : Prevent so called „Asylum shopping“, the free choice of an asylum host state state

Dublin II procedure: Dublin II procedure:

• Resposible is the first country inside the EU, the asylum seeker was entering or Resposible is the first country inside the EU, the asylum seeker was entering or had a visa had a visa

• Asylum seekers are send back to the first country in the EU within six month Asylum seekers are send back to the first country in the EU within six month • Exceptions: The State can implement Exceptions: The State can implement exceptions exceptions for familiale reasons (Art. 7 for familiale reasons (Art. 7

Dublin II), humanitarian reasons (Art 15 ) and explain, to be responsable in this Dublin II), humanitarian reasons (Art 15 ) and explain, to be responsable in this case case

Critique:Critique:

• Danger of „Refugees in Orbit“ : Asylum seekers will be send from one country Danger of „Refugees in Orbit“ : Asylum seekers will be send from one country to another (Chain Deportation and Danger of Refoulement)to another (Chain Deportation and Danger of Refoulement)

• No common asylum standards in the EU yet! No common asylum standards in the EU yet! • Exceptions are very rarely implemented by the Member statesExceptions are very rarely implemented by the Member states• Familiar exceptions are very narrow (just direct family line) Familiar exceptions are very narrow (just direct family line) • More and more imprisonment in Dublin II casesMore and more imprisonment in Dublin II cases

EU Directive on minimal standards in EU Directive on minimal standards in

the asylum proceduresthe asylum procedures

TargetTarget: minimal standards concerning : minimal standards concerning guarantees in the asylum guarantees in the asylum procedureprocedure in member states: in member states:

e.g: e.g: Right to consult lawyers and interpreters in the asylum procedure Right to consult lawyers and interpreters in the asylum procedure Guaranties for juridical claims and remediesGuaranties for juridical claims and remedies Legitimacy of an asylum claim when coming from a safe countriy of Legitimacy of an asylum claim when coming from a safe countriy of

origin or a safe third country origin or a safe third country

Critique:Critique:

Right to appeal: only one instance (the draft guaranteed at least 2 Right to appeal: only one instance (the draft guaranteed at least 2 instances)instances)

General list of safe countries of origin and safe third countries like General list of safe countries of origin and safe third countries like all countries in the EU is very inflexable and there is a danger all countries in the EU is very inflexable and there is a danger of refoulementof refoulement

Just prevention, instead of effective protection: poor common Just prevention, instead of effective protection: poor common standards on lowest levelstandards on lowest level

The boat people tragedies in the The boat people tragedies in the Mediterranean SeaMediterranean Sea

Daily reality in the Mediterranian Sea: Daily reality in the Mediterranian Sea:

• Boat people flee from african regions to the EUBoat people flee from african regions to the EU mostly to Malta / Greece / Italy (Lampedusa) or Spain

• Around 1500 People died in 2011 until now in the mediterranean seaAround 1500 People died in 2011 until now in the mediterranean sea

• Around 17000 died in total since1988 (Estimation by the Fortress EuropeAround 17000 died in total since1988 (Estimation by the Fortress Europe organisation) organisation)

• 2005 there was the tragedies of Ceuta and Melilla:People were sent back from2005 there was the tragedies of Ceuta and Melilla:People were sent back from Spain to Marocco without assessment of the asylum claim and died in the desertSpain to Marocco without assessment of the asylum claim and died in the desert

• 2004 „Cap Anamur“ / 2007 „Tunesian Fisherman“ cases 2004 „Cap Anamur“ / 2007 „Tunesian Fisherman“ cases

• Around 37000Around 37000 people arrived 2011 in Italy until now

Asylum rights at Sea ?Asylum rights at Sea ?

FrontexFrontex

• Frontex exists since 6 years, headquarter in Warsaw, Poland Frontex exists since 6 years, headquarter in Warsaw, Poland

Official mandateOfficial mandate: :

• Coordination of national border control systems Coordination of national border control systems • Prevent illegal migration with the help of training, facilities, border Prevent illegal migration with the help of training, facilities, border

surveillance systems etc. surveillance systems etc. • Help refugees in danger ? No official mandate!Help refugees in danger ? No official mandate!

Critique: Critique:

• Are human rights and Geneva Convention rights implemented at sea?Are human rights and Geneva Convention rights implemented at sea?• No clear mandate, no transparent and democratic structure of No clear mandate, no transparent and democratic structure of

FrontexFrontex• Just prevention, no protection: why does ships still sink and people Just prevention, no protection: why does ships still sink and people

die, when there isdie, when there is a total surveillance at sea? a total surveillance at sea?

Boat People: Human rights at seaBoat People: Human rights at sea ?? • Juridical conflict: Is the Geneva Convention valid at sea or just in the Juridical conflict: Is the Geneva Convention valid at sea or just in the

moment, when entering the EU? moment, when entering the EU? • Sea law: You have the obligation to help shipwrecked people and bring them Sea law: You have the obligation to help shipwrecked people and bring them

to the next safe havento the next safe haven

Reality: Reality: • 2007: Seven tunesian fisherman wee accused in Italy saving shipwrecked 2007: Seven tunesian fisherman wee accused in Italy saving shipwrecked

refugees and bringing refugees and bringing them to a safe haven them to a safe haven • 2004: „Cap Anamur“ case: German ship saved boat people and brought 2004: „Cap Anamur“ case: German ship saved boat people and brought

them to Italy withoutthem to Italy without the permission of Italythe permission of Italy

Critique: Critique:

• Saving boat people is a crime?: NGO´s will be criminalized and seen as Saving boat people is a crime?: NGO´s will be criminalized and seen as trafficking supporterstrafficking supporters

• „„Model process“ to prevent future cases of assistance? Model process“ to prevent future cases of assistance? • You will be accused, if you help people in danger at sea, but not those, who You will be accused, if you help people in danger at sea, but not those, who

look away, when seeing refugee boats at sea? This is cynical and breaching look away, when seeing refugee boats at sea? This is cynical and breaching international lawinternational law

Freedom of Movement in the EU?Freedom of Movement in the EU?

• Schengen system: Abolishion of Border controlsSchengen system: Abolishion of Border controls• Free Movement of people, right to live and work all over the EU Free Movement of people, right to live and work all over the EU • Asylum claims are rejected automatically from the EUAsylum claims are rejected automatically from the EU• No social benefit for EU citizens in general No social benefit for EU citizens in general • For third country nationals or family members : After 5 years: permanent For third country nationals or family members : After 5 years: permanent

permissionpermission to live in the EUto live in the EU

Reality: Reality:

• There are asylum claims and cases from e.g Romanians or Latvians, who There are asylum claims and cases from e.g Romanians or Latvians, who seek refuge inside the EUseek refuge inside the EU

• There are well founded reasons for asylum (medical reasons, massive There are well founded reasons for asylum (medical reasons, massive discriminations of minorities etc.) discriminations of minorities etc.)

• There is a reality of different social standards in Europe There is a reality of different social standards in Europe • There is no social corrective for hardship cases, for minorities like the There is no social corrective for hardship cases, for minorities like the

ROMA, for people with special needs etc. ROMA, for people with special needs etc.

Daily problems of Asylum Seekers Daily problems of Asylum Seekers

during the procedureduring the procedure

Refugees „second class“? Problems Refugees „second class“? Problems for refugees with a tolerated statusfor refugees with a tolerated status

Subsidiary (temporary) protection status: Subsidiary (temporary) protection status:

Persons, that have not applied for asylum or who´s asylum status was rejected, but are Persons, that have not applied for asylum or who´s asylum status was rejected, but are not able to go back to theirnot able to go back to their

country for following reasons: country for following reasons:

• humanitarian reasons humanitarian reasons • Familial, social reasons Familial, social reasons • medical situation or psychological reasons (post traumatic stress disorder, PTSD)medical situation or psychological reasons (post traumatic stress disorder, PTSD)• political reasons (e.g: Statelessness)political reasons (e.g: Statelessness)• factual reasons (e.g: no passport)factual reasons (e.g: no passport)• Age (in Germany: 65 Years or more) Age (in Germany: 65 Years or more)

Protection StatusProtection Status: :

• In Germany: toleration status „Duldung“ or temporary residence permit because of In Germany: toleration status „Duldung“ or temporary residence permit because of humanitarian reasonshumanitarian reasons

depending on the single casedepending on the single case• In the EU: Directive concerning temporary protection In the EU: Directive concerning temporary protection

Life with a tolerated status…Life with a tolerated status…(overview(overview) )

• You are obliged to live in a certain district: You are obliged to live in a certain district: „Residenzpflicht“ „Residenzpflicht“

• There is no right to rent an own flat There is no right to rent an own flat • There are no or limited rights to work, start a There are no or limited rights to work, start a

vocational training or studyvocational training or study• There is no right for a full social benefit, just There is no right for a full social benefit, just

minimum expences are paid minimum expences are paid • You are always in danger being deported, the You are always in danger being deported, the

tolerated status is mostly prolonged every 3 to tolerated status is mostly prolonged every 3 to 6 month 6 month

• There is a right to receive only basic medical There is a right to receive only basic medical treatment treatment

• There is no right for psychological treatment There is no right for psychological treatment

Living conditions: Free Movement ? – the Living conditions: Free Movement ? – the „Residenzpflicht“ „Residenzpflicht“

• In Germany, Asylum seekers are not allowed to chose the city or region to In Germany, Asylum seekers are not allowed to chose the city or region to live in - there is a computerized system, that divides asylum seekers after live in - there is a computerized system, that divides asylum seekers after application to a federal state application to a federal state

• In this federal state they have to live in a certain region or areaIn this federal state they have to live in a certain region or area• If they leave without permission they have to pay fees or the social help is If they leave without permission they have to pay fees or the social help is

cut or even deportation or imprisonment can be threatened if repeated cut or even deportation or imprisonment can be threatened if repeated

Consequences: Consequences:

• Social isolation: Problems meeting family, friends partners etc.Social isolation: Problems meeting family, friends partners etc.• There is no possibility to go to demonstrations, religious or cultural There is no possibility to go to demonstrations, religious or cultural

meetings outside of the districtmeetings outside of the district• Mental isolation: depression, poor medical or psychological treatment Mental isolation: depression, poor medical or psychological treatment Critique:Critique:

• Why is the freedom of movement not valid for refugees?Why is the freedom of movement not valid for refugees?• UNO/EU criticize this law in Germany as breaching the international law UNO/EU criticize this law in Germany as breaching the international law

of free movement but without consequenceof free movement but without consequence

Living conditions: Refugee residencesLiving conditions: Refugee residences

Everyday live in a shared refugee residence Everyday live in a shared refugee residence (Example)(Example)

• 15 - 18 m² for 4 persons = 3,7 - 4,5 m² per person15 - 18 m² for 4 persons = 3,7 - 4,5 m² per person• 1 table,1 fridge and 4 chairs per Room1 table,1 fridge and 4 chairs per Room• 1 small cupboard per person (for clothing, shoes, food and 1 small cupboard per person (for clothing, shoes, food and

documents)documents)• 1 shower for 20 persons 1 shower for 20 persons • 2 shared kitchens for 50 persons2 shared kitchens for 50 persons• No private or intimate sphere, noise, pollution No private or intimate sphere, noise, pollution • No visits after 22.00 Uhr (curfew)No visits after 22.00 Uhr (curfew)

And: often refugee residences are outskirts, with poor infrastructure or And: often refugee residences are outskirts, with poor infrastructure or transport systemtransport system

RealityReality: many refugees live at the appartments of friends if this is : many refugees live at the appartments of friends if this is possible possible

Labour and study restictionsLabour and study restictions

LabourLabour

• Only acknowledged refugees have the right for an unrestricted working Only acknowledged refugees have the right for an unrestricted working permit permit

• With a tolerated status or during the asylum procedure, asylum seekers With a tolerated status or during the asylum procedure, asylum seekers are generally not allowed in the first year to work are generally not allowed in the first year to work

• After one year it is theoretically allowed to work but but the administration After one year it is theoretically allowed to work but but the administration has to give a permit in every case has to give a permit in every case

Study / Vocational TrainingStudy / Vocational Training • There is a principal right to study or start a training for refugees, but the There is a principal right to study or start a training for refugees, but the

conditions are practically very difficult and almost impossibleconditions are practically very difficult and almost impossible Critique Critique

It is practically impossible for asylum seekers to get a working permit: It is practically impossible for asylum seekers to get a working permit: the immigration office denies the permit in 95 % of all cases, some find the immigration office denies the permit in 95 % of all cases, some find illegal black labour work:!illegal black labour work:!

Consequences of the working Consequences of the working restrictionsrestrictions

• In areas with a high percentage of unemployment, asylum In areas with a high percentage of unemployment, asylum seekers practically have no chance to get a working permit seekers practically have no chance to get a working permit

• Often high qualified refugees work in low payed jobs - the Often high qualified refugees work in low payed jobs - the qualifications will not be acknowledged and might be worthless qualifications will not be acknowledged and might be worthless after yearsafter years

• Families with children are not able to earn their living Families with children are not able to earn their living independantly independantly

• Asylum seekers are forced to do underpayed black market Asylum seekers are forced to do underpayed black market work or unofficial „grey“ working contracts to pay lawyerswork or unofficial „grey“ working contracts to pay lawyers

• Psychological consequences: Solitude, depression, social Psychological consequences: Solitude, depression, social isolation, loss of self confidence („not needed“, „nothing to do“) isolation, loss of self confidence („not needed“, „nothing to do“)

Typical other daily problems of Typical other daily problems of refugees with a toleration status or refugees with a toleration status or

during the asylum procedure during the asylum procedure

• Financial problems, debt Financial problems, debt • Difficulties, finding flats Difficulties, finding flats • Difficulties, getting contracts (e.g: mobile phones, Difficulties, getting contracts (e.g: mobile phones,

bank account, credit contracts etc.)bank account, credit contracts etc.)• Difficulties at offices, courts, justice, lawyers, Difficulties at offices, courts, justice, lawyers,

landlords etc. landlords etc. • Difficulties, finding a suitable language courseDifficulties, finding a suitable language course• Racism, discriminations or even physical attacks Racism, discriminations or even physical attacks

because of coulour, origin, nationality, languagebecause of coulour, origin, nationality, language• There are anti-discrimination laws and There are anti-discrimination laws and

organisations, but refugees are often too frightened organisations, but refugees are often too frightened to call the police and tell what happenedto call the police and tell what happened

Psychological SituationPsychological Situation

• Traumatisation, so called post traumatic stress disorder Traumatisation, so called post traumatic stress disorder (PTSD) because of traumatic war experiences like (PTSD) because of traumatic war experiences like torture, rape, imprisonment etc.torture, rape, imprisonment etc.

• Difficult to be medicated, very often: permanent Difficult to be medicated, very often: permanent treatment necessary treatment necessary

• Danger of aggravation, if refugees have to return to Danger of aggravation, if refugees have to return to the place of the traumatising situation (re-the place of the traumatising situation (re-traumatisation) traumatisation)

• Traumatisation can lead to a temporary or permanent Traumatisation can lead to a temporary or permanent prohibition of deportation; medical certifications often prohibition of deportation; medical certifications often are not recognized by the immigration offices are not recognized by the immigration offices

• Many refugees fear talking about the trauma or they do Many refugees fear talking about the trauma or they do not know, that they are traumatisednot know, that they are traumatised

• Problems, finding doctors or therapists and pay them, Problems, finding doctors or therapists and pay them, escpecially with a temporary status or being illegal escpecially with a temporary status or being illegal

• Language problemsLanguage problems

„ „Irregular“ / „illegal“ / Irregular“ / „illegal“ / „Sans papiers“ – refugees „Sans papiers“ – refugees

without paperswithout papers

„„Illegal“ in GermanyIllegal“ in Germany

• „„Illegal “: all immigrants and refugees, who Illegal “: all immigrants and refugees, who come to Germany or the EU without having come to Germany or the EU without having valid papers or stay here after the legal status valid papers or stay here after the legal status has ended has ended

• If controlled, there is a danger of being deported If controlled, there is a danger of being deported immediatly and get a future prohibition of entry immediatly and get a future prohibition of entry

Consequences being „Illegal“Consequences being „Illegal“

Major problems of „illegal“ refugees or immigrantsMajor problems of „illegal“ refugees or immigrants::

• Salary for work is not paidSalary for work is not paid• Impossibility, to get legal protectionImpossibility, to get legal protection• No reception of health care or other social services of the No reception of health care or other social services of the

statestate• No medical or psychological treatmentNo medical or psychological treatment• Difficulties for the children, to go to public schools without Difficulties for the children, to go to public schools without

having papers having papers • Fear of denunciation and blackmail. Fear of denunciation and blackmail. • No legal protection against employers or landlords or No legal protection against employers or landlords or

concerning other legal aspectsconcerning other legal aspects• No protection in cases of accidents, attacks or discriminationsNo protection in cases of accidents, attacks or discriminations• Loss of social contacts Loss of social contacts • Danger of social isolation and depressionDanger of social isolation and depression

Refuge from developing Refuge from developing to developed countries ? to developed countries ?

– Some Statistics– Some Statistics

Global figures and statisticsGlobal figures and statistics

• Around 21 billion people are refugees Around 21 billion people are refugees worldwide worldwide

• Most of them are internal refugees - they look Most of them are internal refugees - they look for refuge in parts of the state, they live in or for refuge in parts of the state, they live in or in the neighbour state in the neighbour state

• Rarely: Flight to another continentRarely: Flight to another continent (financial and factual impossibility )(financial and factual impossibility )• In Germany: 41.332 Asylum Seekers (2010)In Germany: 41.332 Asylum Seekers (2010)• The most Refugees are in developing The most Refugees are in developing

countries, not in Europecountries, not in Europe

Asylum countries of origin worldwide Asylum countries of origin worldwide

Major source countries of refugees worldwide Major source countries of refugees worldwide

• AfghanistanAfghanistan• Iraq Iraq • Somalia Somalia • Dem. Republic of CongoDem. Republic of Congo• SudanSudan• VietnamVietnam• Colombia (Internal refugees)Colombia (Internal refugees)• ChinaChina• EritreaEritrea

(Source: UNHCR 2010)(Source: UNHCR 2010)

Major hosting countries of refugeesMajor hosting countries of refugees

• Pakistan (~ 2 Mill.)Pakistan (~ 2 Mill.)• Iran (~1 Mill.)Iran (~1 Mill.)• Syria (~1 Mill.)Syria (~1 Mill.)• Germany (~ 500.000) Germany (~ 500.000) • JordanJordan• KenyaKenya• ChadChad• ChinaChina• USAUSA• UKUK

(Source: UNHCR 2010)(Source: UNHCR 2010)

Asylum Claims in GermanyAsylum Claims in Germany

Major Source Countries of Refugees to Germany (2010)Major Source Countries of Refugees to Germany (2010)

• Afghanistan 5.905 PersonsAfghanistan 5.905 Persons• Iraq 5.555Iraq 5.555• Serbia 4.978Serbia 4.978• Iran 2.475.Iran 2.475.• Macedonia 2.466Macedonia 2.466• Somalia 2.235Somalia 2.235• Kosovo 1.614.Kosovo 1.614.• Syria 1.490Syria 1.490• Turkey 1.340Turkey 1.340• Russian Federation 1.199Russian Federation 1.199

Source: BAMF 2010Source: BAMF 2010

Quotas Quotas (2010)(2010)

Total asylum claims Germany: 41.332 PersonsTotal asylum claims Germany: 41.332 Persons

Acknowledged: Acknowledged:

• Geneva Convention: 7704 = 16 , %Geneva Convention: 7704 = 16 , %• Temporary Protection 2691 = 5,6 % Temporary Protection 2691 = 5,6 %

• Stay of deportation 673 = 2,4 %Stay of deportation 673 = 2,4 %

Refusals: Refusals: 6.761 = 32,5 % 6.761 = 32,5 %

(Source: BAMF, 2010)(Source: BAMF, 2010)

Crises & Migration Crises & Migration Flows Flows

Migration flows in Germany and Migration flows in Germany and within the EU within the EU

in the 20th. Century in the 20th. Century • 1933 – 1945 1933 – 1945 (facism) Flight from Germany and occupated regions in Exile (facism) Flight from Germany and occupated regions in Exile

• Post war Post war in Germany and the EU (until 1973): Call for workers . in Germany and the EU (until 1973): Call for workers . „Gastarbeiter“ „Gastarbeiter“

• In Germany In Germany Until 1989: Refugees from GDR to West Germany Until 1989: Refugees from GDR to West Germany after 1989: Return of repatriats / resettlers with German family background after 1989: Return of repatriats / resettlers with German family background

• Since 1991: Since 1991: War Refugees: Afghanistan, Ex -Yugoslavia, Iraque, Libanon, War Refugees: Afghanistan, Ex -Yugoslavia, Iraque, Libanon, Chetchnia, Rwanda, Somalia Chetchnia, Rwanda, Somalia

• End of 90iesEnd of 90ies: Schengen System in the EU, Freedom of Movement for EU : Schengen System in the EU, Freedom of Movement for EU citizens; Dublin regulation to lower internal migration in the EU citizens; Dublin regulation to lower internal migration in the EU

• Since 1999Since 1999: Harmonization of the Asylum system in the EU (so called : Harmonization of the Asylum system in the EU (so called Haager Programme): aim is to have a common asylum system with common Haager Programme): aim is to have a common asylum system with common miminmal standards miminmal standards

• Since 2000Since 2000 Boat People from Africa come to the EU Boat People from Africa come to the EU

Some examples of regional crises in Some examples of regional crises in past and present past and present

• Civil wars: Civil wars:

Middle East (Israel/Palestine) / Libanon /  Afghanistan / Middle East (Israel/Palestine) / Libanon /  Afghanistan /  Iraq / Chechnya / Iraq / Chechnya /

Sudan / Dem. Republic of Congo / Rwanda / Sri Lanka / SomaliaSudan / Dem. Republic of Congo / Rwanda / Sri Lanka / Somalia

• Crises: hunger, poverty, dictatorship, censorshipCrises: hunger, poverty, dictatorship, censorship

- Africa: Angola / Guinea / Nigeria / E- Africa: Angola / Guinea / Nigeria / Ethiopia / Simbabwe / Algeria /thiopia / Simbabwe / Algeria / Togo, Somalia / Cote d’ Ivoire Togo, Somalia / Cote d’ Ivoire     - Ex-Sovjet states e.g.: Dagestan, Turkmenistan, - Ex-Sovjet states e.g.: Dagestan, Turkmenistan,

Armenia/Aserbaidschan / Georgia /Armenia/Aserbaidschan / Georgia / KhirgisyaKhirgisya - - Ex-Yugoslavia / Kosovo Ex-Yugoslavia / Kosovo

• Movement for democratieMovement for democratie, , freedom of speechfreedom of speech etc. etc. 2011: North Africa: Tunesia / Lybia / Egypt / Syria („Arab spring“)2011: North Africa: Tunesia / Lybia / Egypt / Syria („Arab spring“)

ResettlementResettlement

• Resettlement allows a group of refugees in a contingent / Resettlement allows a group of refugees in a contingent / quota to quota to

come to EU / Germany / USA / Canada, decided by the come to EU / Germany / USA / Canada, decided by the national states national states

• Examples in past and present: Iraq / Kosovo/ SomaliaExamples in past and present: Iraq / Kosovo/ Somalia Why not now: Tunesia /Lybia /Syria? Why not now: Tunesia /Lybia /Syria? Why not: Refugees from Guantanamo? Why not: Refugees from Guantanamo?

Critique: (e.g Germany)Critique: (e.g Germany)

• Very small quotas (around 100 families from Iraq)Very small quotas (around 100 families from Iraq)• Political and religious criteria („Christians from Iraq“) Political and religious criteria („Christians from Iraq“) • Fear of Terrorism (Guantanamo) Fear of Terrorism (Guantanamo)

Integration Models and Integration Models and PerspectivesPerspectives

Integration TheoriesIntegration Theories

Sociological definitions (adapted from Wikipedia) Sociological definitions (adapted from Wikipedia)

• Integration means to end an existing status of exclusion and separation. Integration means to end an existing status of exclusion and separation. Integration describes a dynamic, long lasting and very differentiated Integration describes a dynamic, long lasting and very differentiated process of coalecense and merging process of coalecense and merging

• This process of integration of people with migrations background conists This process of integration of people with migrations background conists out of reciprocal approaches, challenges and conflicts, communication, out of reciprocal approaches, challenges and conflicts, communication, finding of common values as well as differences and a common finding of common values as well as differences and a common responsability between immigrants and the present majority of the responsability between immigrants and the present majority of the population population

• Contrary to „assimilation“, the word „Integration“ means not giving up the Contrary to „assimilation“, the word „Integration“ means not giving up the own cultural identity own cultural identity

In our daily practice of a migration and refugee organisation: Helping the In our daily practice of a migration and refugee organisation: Helping the clients with their problemsclients with their problems

and empowering them to solve future problems themselves and empowering them to solve future problems themselves

Integration ModelsIntegration Models

• Melting PotMelting Pot (USA) Different cultures melt, but there is a (USA) Different cultures melt, but there is a danger of a creation of a parallelle cultur and of a danger of a creation of a parallelle cultur and of a „Ghettoisation“ or a „segregation“ of cultures„Ghettoisation“ or a „segregation“ of cultures

• „„Salad BowlSalad Bowl“ (Canada) Different cultures „in a Bowl“, they “ (Canada) Different cultures „in a Bowl“, they keep their national identities (like the ingrediences of a keep their national identities (like the ingrediences of a salad). Also known as „cultural mosaic“salad). Also known as „cultural mosaic“

• Idea of Idea of transculturalism transculturalism „Cultures „Cultures are shaped by are shaped by continual interactions, by overlapping political relationships continual interactions, by overlapping political relationships and transformed through specific and individual actions. and transformed through specific and individual actions. This definition emphasizes the contextual and individual This definition emphasizes the contextual and individual relationships to cultural experiences rather than a static relationships to cultural experiences rather than a static and categorical approach to culture“ (urban dictionary)and categorical approach to culture“ (urban dictionary)

Perspectives and questions...Perspectives and questions... Future Perspectives: Future Perspectives:

• What are the reasons for forced migration and refuge and how can we solve these problems What are the reasons for forced migration and refuge and how can we solve these problems sustainable in thesustainable in the

future?future?

• How can we improve the living together in that way, that refugees, immigrants can become citizens How can we improve the living together in that way, that refugees, immigrants can become citizens with with

equal rightsequal rights

• How can we solve or ameliorate existing integration problems? How can we solve or ameliorate existing integration problems?

• In Spain and France there was lately a legalisation of „illegals“ for preventing black marked work -In Spain and France there was lately a legalisation of „illegals“ for preventing black marked work - A model for all European States? A model for all European States?

• What can the state and every citizen do in daily life to improve the situations for immigrants and What can the state and every citizen do in daily life to improve the situations for immigrants and refugees? refugees?

Model: Model:

According to the idealistic ideas of Immanuel Kant and Rosa Luxemburg: „How would you like to be According to the idealistic ideas of Immanuel Kant and Rosa Luxemburg: „How would you like to be treated, if youtreated, if you

were a refugee? See our game „If you were a Refugee“ or read the essay of Janne Tellers „If were a refugee? See our game „If you were a Refugee“ or read the essay of Janne Tellers „If scandinaviascandinavia

were at war, where would you go“ were at war, where would you go“

Migration GameMigration Game

Migration for Development Quizhttp://www.migration4development.org/content/quiz

Information & referencesInformation & references

Literature: Literature:

• Gabriele del Grande: „Mahmadous Fahrt in den Tod“ (Van Loeper, German and Italian)Gabriele del Grande: „Mahmadous Fahrt in den Tod“ (Van Loeper, German and Italian)• Janne Teller: „Krieg, stell Dir vor, er wäre hier? / Janne Teller: „Krieg, stell Dir vor, er wäre hier? / If Scandinavia were at war, where would you If Scandinavia were at war, where would you

go? go? (Essay, Hanser) (Essay, Hanser)

EU Information:EU Information:

• European commission European commission http://ec.europa.eu/home-affairs/policies/asylum/asylum_intro_en.htmhttp://ec.europa.eu/home-affairs/policies/asylum/asylum_intro_en.htm• www.ecre.orgwww.ecre.org (European Refugee Council) (European Refugee Council) • www.Unhcr.chwww.Unhcr.ch (UN High Commissioner for refugees) > Handbook for the criteria of the Geneva (UN High Commissioner for refugees) > Handbook for the criteria of the Geneva

Convention Convention • www.ecoi.netwww.ecoi.net European countries of origin information >Background Information about countries European countries of origin information >Background Information about countries

of origin of origin • www.asyl.netwww.asyl.net > Informtion concerning asylum procedure & juridical material > Informtion concerning asylum procedure & juridical material

German NGO´s, organisations and blogs: German NGO´s, organisations and blogs:

• www.Proasyl.dewww.Proasyl.de (refugee rights ngo, Frankfurt a.M) (refugee rights ngo, Frankfurt a.M)• www.amnesty.comwww.amnesty.com (human rights information, in English) (human rights information, in English)• www.fluechtlingsrat-berlin.dewww.fluechtlingsrat-berlin.de (Refugee council in Berlin) (Refugee council in Berlin)• www.borderline-europe.dewww.borderline-europe.de > about what happeneds at the southern borders and the > about what happeneds at the southern borders and the

mediterranian sea mediterranian sea • www.fortresseurope.blogspot.comwww.fortresseurope.blogspot.com (blog from italian journalist Gabriele del Grande (blog from italian journalist Gabriele del Grande

OASE Berlin - OASE Berlin - www.oase-berlin.org

Thank You !Thank You !

Jochen Schwarz, 2011Jochen Schwarz, 2011