Refugees are ‘not picking a holiday destination’: NGO Slams Ireland’s Worry over Pull-factors
By Deputy News Editor Marc Galdes
The EU parliament and the Council of the EU broke the political deadlock, on December 20, and came to an agreement for the New Pact on Migration and Asylum. European Parliament President Roberta Metsola praised it as being a ‘historic’ deal. The majority of talks took place behind closed doors in the Coreper – a committee of EU ambassadors from all countries that discuss laws. The final step would be for MEPs to vote on this in March or April, ahead of the European parliament elections.
The EU Commission describes this pact as creating ‘a fairer, efficient, and more sustainable migration and asylum process for the European Union… It also establishes a common approach to migration and asylum that is based on solidarity, responsibility, and respect for human rights.’
This new deal establishes a stricter asylum procedure and also gives countries more freedom to repatriate asylum-seekers if their application is not viable.
Ireland should be more concerned with prioritising its housing crisis to offer safe accommodation to asylum seekers rather than worrying that Ireland might be an ‘attractive destination,’ Executive Director for Amnesty International Ireland Stephen Bowen told the The University Express.
‘Those seeking asylum are often fleeing war, persecution, or other severe human rights violations. They are not picking a holiday destination,’ Bowen added.
Bowen was responding to several questions that this newspaper sent regarding the new EU Migration Pact and what this pact means for Ireland.
EU Parliament President - Roberta Metsola / Photo: Julien Warnard
The EU Commission describes this pact as creating ‘a fairer, efficient, and more sustainable migration and asylum process for the European Union… It also establishes a common approach to migration and asylum that is based on solidarity, responsibility, and respect for human rights.’
This new deal establishes a stricter asylum procedure and also gives countries more freedom to repatriate asylum-seekers if their application is not viable.
Several EU countries that receive a lot of asylum seekers have been calling for solidarity - a burden-sharing mechanism which relocates asylum-seekers to other EU countries. Although solidarity is mentioned in the deal, the pact does not force inland countries to take on asylum-seekers, as most Mediterranean countries had been calling for. Instead, countries can choose not to partake in solidarity, but they will have to financially support the country where the asylum-seeker currently resides, i.e. pay their way out. The price to opt out of participating in solidarity is €20,000 per asylum seeker the countries reject. The pact further states that the minimum number of relocations that will take place in a year will be 30,000.
When it comes to Ukrainian refugees, these are unaffected as long as the 2001 Temporary Protection Directive remains active, which automatically offers protection to Ukrainian refugees.
EU Parliament President - Roberta Metsola / Photo: Julien Warnard
On the eleventh hour, before the agreement was established, over 50 NGOs signed an open letter in protest of this act, claiming that this pact ‘will normalise the arbitrary use of immigration detention, including for children and families, increase racial profiling, use “crisis” procedures to enable pushbacks, and return individuals to so-called “safe third countries” where they are at risk of violence, torture, and arbitrary imprisonment.’
The open letter expressed disappointment in ignoring alternative solutions NGOs have proposed, such as the protection Ukrainian refugees are receiving. Instead, this reform went the complete opposite way, focusing more on harsher border control against people seeking protection.
The option to pay your way out of solidarity sounded very favourable to Ireland, as Taoiseach Leo Varadkar informed the Dáil that Ireland would most ‘likely’ pay rather than accept more asylum seekers, considering the government has already been struggling with housing the over 100,000 Ukrainian refugees that have landed on Irish soil since the war began. Government sources also informed the Irish Examiner that it would be more cost-effective to pay rather than accept more asylum-seekers.
The newspaper went on to reveal, that figures drawn up from the Department of Justice, show that through this deal Ireland could be paying €12.9 million every year for 648 asylum-seekers if it chooses not to accept these relocations.
When Bowen was asked whether Ireland was breaching the rights of asylum-seekers if it chose not to accept relocations, he clarified that these ‘relocation arrangements are not required under international refugee law.’ However, he scrutinised the pact for failing to offer support to EU states where asylum seekers first arrive in Europe since countries can simply pay their way out.
Demonstration back in 2018 calling for an end to the direct provision system / Photo: Tom Honan
He added that the main reason Ireland is ‘opting to pay is that it does not have enough accommodation for asylum seekers who arrive at its own border.’
‘In fact, Ireland is currently breaching the human rights of asylum seekers who are here in Ireland right now, by not providing them with suitable accommodation, with hundreds still in inadequate direct provision centres - or even worse, homeless and on the streets.’
Bowen insisted that Ireland must ‘prioritise the accommodation crisis to ensure it can fulfil its legal responsibilities to those who arrive here to seek asylum in the country.’
The story further revealed that the government seem to be in favour of adhering to this agreement, as there are concerns that if Ireland were not to participate in this pact, then asylum-seekers would view Ireland as a more ‘attractive destination’ which would bring more asylum-seekers.
He further slammed the use of language such as ‘attractive’ for downplaying ‘the very real struggle and suffering many refugees go through to get to places of safety.’
Regardless of whether Ireland is ‘attractive’ or not, the Irish government has a legal duty to ensure that those who arrive in Ireland to seek asylum here are able to do so,’ he added.
Homeless refugees in Dublin / Photo: Frank McGrath
Children ‘will likely end up in de facto detention’ under new EU Migration Pact
In the most recent turn of events, confidential documents obtained by Investigate Europe revealed how France, the Netherlands and others pushed for stricter measures which did not exempt children from these regulations. Most countries expressed how generalising all children in this way could be abused and could act as a risk to security. Several campaigners have been stating that these new policies could violate the UN Convention on the Rights of the Child. During these debates, Ireland was one of the few that spoke out against not exempting children from this deal. This fell on deaf ears.
Asked how this pact may violate the UN Convention on the Rights of the Child, Bowen said that in EU states, including Ireland, children ‘will likely end up in de facto detention at the EU borders.’
‘By not exempting children from this Pact, EU states will almost certainly cause more children to suffer, whether as unaccompanied minors or arriving with their families,’ he said.
Mosney Direct Provision Centre, County Meath / Photo: picture alliance/empics/N. Carson
Most designated ‘safe countries’ are ‘terribly unsafe’
The Justice Department, on January 30, added Botswana and Algeria to the list of designated safe countries, to speed up asylum applications. In a press conference, Justice Minister Helen McEntee added that most asylum-seekers coming from these countries are considered to be economic migrants.
Just like what was explained in The University Express’ last issue, Bowen said that under international law, everyone has the right to ‘receive a fair and full assessment of their asylum claim.’
‘If Ireland had a prompt, fair and effective system for determining asylum applications, it would not need to introduce substandard accelerated procedures based on a ‘safe country of origin’ concept,’ he said.
When addressing the list of safe countries, Bowen said that most of the ones listed by Ireland are ‘terribly unsafe.’
‘In Algeria for instance, the widespread crackdown on freedom of expression and peaceful assembly has escalated, with authorities crushing any form of dissent. At the end of 2022, at least 280 activists, human rights defenders and protesters remained in prison on charges relating to the peaceful exercise of their rights to freedom of expression and assembly. Non-Sunni Muslim worship is prosecuted, while torture has continued with impunity. Same-sex sexual relations continue to be criminalised and could be punishable by up to two years in prison.’
Lastly, Bowen expressed how ‘the EU’s increasing reliance on countries outside of the bloc to take in refugees is deeply alarming.’
‘EU states should be investing in dignified reception within the EU and expanding safe and regular pathways to allow people to reach protection in Europe without relying on dangerous journeys. Instead, they have outsourced their responsibilities to countries with inconsistent human rights records. Any arrangement that relies on countries outside the bloc undermines the right to seek asylum in Europe simply on the basis that it prevents people from arriving in Europe.’
