AYS News Digest 27/9/2023: EU Law revision — border guards decide asylum claimants
Compass Collective join Search and Rescue // Justice for Fatmata closer in North Macedonia // Poland border checks // Loss of life at the Channel // UK Home Secretary: LGBTQ+ and women not good enough reasons for asylum // Worth reading…
FEATURE
EU Law revision — border guards decide asylum claimants
EU ministers are set to approve a change to existing law that would essentially allow border guards to decide who has the right to seek asylum and who doesn’t by giving them the power to turn away third-country nationals (those not from EU countries).
The revision to the Crisis Management Regulation (CMR) is supposed to address instances of ‘instrumentalisation’ — this refers to countries outside the EU encouraging people from farther away to enter the EU in large numbers.
The change in the law would apply only when a situation is deemed ‘instrumentalisation’ and it is unclear who and how it will be decided that that definition is applied.Russia, Belarus and Morocco have all been complicit in this — making visa applications for people from African countries and the Middle East easy to obtain, often with promises of an easy ride into the EU.
The discussions at the European Parliament are all linked to the new EU migration policy. Polish Prime Minister Mateusz Morawieski has contested some parts of the policy including “mandatory relocation” — this means that all EU member states are obliged to assist with asylum seekers and refugees who arrive in a border country in order to share the responsibility. The objections have caused two other parts of the migration policy to be put on hold pending a referendum on 15th October.
The contradiction of this law with the Human Rights Convention is distressing.
Everyone fleeing persecution or serious harm in their own country has the right to ask for international protection. Asylum is a fundamental right and granting it to people who comply with the criteria set in the 1951 Geneva Convention relating to the status of refugees. is an international obligation for States parties, which include EU Member States. EU Fundamental Rights
SEA and SAR
Compass Collective join Search and Rescue
The ship Compass Collective has embarked on a three-week observation mission to support other rescue vessels in the Search and Rescue zone between Tunisia and Lampedusa. Follow them here.
This comes as the Pope has called for international action to prevent people drowning in the Mediterranean. In his address in Marseille, France, the head of the Roman Catholic church said:
“[the Mediterranean] has become a huge cemetery, where many brothers and sisters are deprived even of the right to a grave”. Pope Francis
The speech has received backlash from fanatic Roman Catholics, calling for the Pope to be thrown into the sea. It is clear that people everywhere need to see the humanity in the tragedy, whether Christian or any other faith or no faith at all.
NORTH MACEDONIA
Justice for Fatmata closer
In April this year Fatmata was shot in the chest by police in a car search that went wrong. Now, the police officer who shot her has been indicted — progress is being made towards achieving justice. As reported in this News Digest, Fatmata was travelling with her husband Abu Baker — who has since worked tirelessly, along with organisation Second Tree, to bring the authorities to justice.
North Macedonia is an EU Candidate country where Frontex has been active. Fatmata’s death led to questions posed to the European Parliament relating to human rights violations in general.
POLAND
Border check at Slovakia border
Polish authorities are set to conduct more checks at the border with Slovakia. This comes as Slovakia has seen a huge increase in the number of people entering the country. Prime Minister Mateusz Morawiecki announced the measures, stating he didn’t want to be accused of having porous borders — it is assumed that many people want to pass through to Germany. Slovakia, Poland and Germany are all part of Schengen which theoretically guarantees free movement, however, there are already checks at borders within the zone.
Poland is currently weathering a migration scandal relating to a cash-for-visas allegation and relations with Germany seem to be becoming strained. More here.
In an effort to turn the spotlight away from political corruption, the recent arrest of a Polish activist, Ewa M., (first reported in this News Digest) shows how civil society can expect to be treated in the current climate. The recent release of the award-winning film “The Green Border” has attracted comments of “Nazi propoganda” by the Justice Minister. Ewa has now been released on bail.
FRANCE
Loss of life near the Channel
The body of a woman has been found on a beach in Calais. The 24-year-old from Eritrea was likely attempting to cross the Channel to seek asylum in the UK and is reported to have had a heart attack.
As fears of bad winter weather spread, there have been many attempts to cross the water, with the last fatalities only last month. We call on safe and legal routes to be made available.
Event in Calais
Saturday, 30th September — Water Access Day
Saturday will see a day of events and activities around the lack of access to water available for people on the move in northern France. More details and to sign up to attend here.
UK
Home Secretary: LGBTQ+ and women not good enough reasons for asylum
Home Secretary Suella Braverman has called for human rights reform during a speech in Washington. In the speech she stated that identifying as LGBTQ+ or a woman do not qualify as reasons to receive asylum. What she failed to really talk about is that being gay or a woman isn’t a reason on its own that people are granted asylum. Zoe Gardner brilliantly responds to the speech, pointing out that Braverman isn’t actually proposing any change.
WORTH READING
The emotional governance of immigration controls — a scholarly article on the emotions in the UK immigration system.
Where was Frontex when 600 people died in the Med? — Opendemocracy.net
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