PRO ASYL Press Release

May 8, 2003

Council for Justice and Home Affairs in Brussels

Common EU asylum system in danger of falling through because of Germany
Appeal to Chancellor Schroeder and Foreign Minister Fischer to withdraw the German reservations

In seven weeks, the EU-proposal on qualification for refugee or complementary protection must be decided. That is the time frame given by the Heads of State or Government.
PRO ASYL appeals to the Federal Government to withdraw all reservations, so that a foundation for a common European asylum system can finally be layed. In order to save the process of harmonizing asylum rights, Chancellor Schroeder, who has made a commitment to his European colleagues, and European Minister Fischer now need to act.
PRO ASYL calls on the Federal government to realize the change of direction in European politics envisaged in the coalition contract.
The harmonization of asylum rights is to be „based on high standards of human rights and asylum rights“. With the withdrawal of German reservations, this harmonization process could be revitalized and the urgently needed full and inclusive application of the Geneva Refugee Convention and the European Convention on Human Rights in accordance with international law could soon be regulated on the EU-level, and could thus also be guaranteed in Germany.

The still existing sixteen reservations voiced by Germany are foiling an agreement at today’s meeting of the EU-Home Secretaries. For months, all other EU-partners have been waiting for Germany to finally make a move. Irritation and embitterment with Germany’s role in negotiations are great, because Germany neither negotiates nor informs, but simply remains passive.
The position of the Federal Ministry for the Interior is: not Germany but Europe should make a move.

The Minister of the Interior wants to crown his lifework and wants to create, by hook or by crook, an immigration law – falsely labelled „the most modern in Europe“ (Schily) – along with the CDU/CSU, thus accepting the failure of a EU-harmonization process.

The CDU/CSU even surpasses this anti-European attitude of the Minister of the Interior. In its 128 amendments to the immigration law, the CDU/CSU wants to once again fight the battles of the last century: Despite the fact that among the EU-Member States, it is no longer disputable that victims of non-state and gender specific persecution falls into the realm of protection of the Geneva Refugee Convention, the CDU/CSU wants to hold to the German practice which is not in accordance with international law.
This blockade attitude shared by the Federal Minister of the Interior and the CDU/CSU profoundly damages the process of harmonizing asylum rights. On the medium term, it will turn out to be a political boomerang. Continually duping European negotiating partners will most certainly be paid back elsewhere.
The obstinate attitude regarding so-called complementary protection will bring no harmonization whatsoever. One result is that in some states – especially in the ten future member states – those in need of protection will receive almost no social welfare or integration perspectives. The patching together in this central issue will inevitably lead to the continuing secondary movement of refugees in lack of rights within the EU with its soon-to-be 25 member states.

At what points is Germany obstructing negotiations? (Examples)

Non-state persecution in complementary protection

One central reservation regards the issue of taking into account „non-state actors“ in complementary protection. Recognition as beneficiary of complementary protection status is based on International human rights agreements, especially the European Convention on Human Rights. In the respective EU-proposal, in accordance with the established ruling of the European Court on Human Rights, a non-expulsion principle will also be effected if there is a danger of torture and inhuman treatment by non-state organizations. The German practice stands in contradiction to the established ruling of the European Court and the common practice of European states. Germany wants to exclude victims subjected to violence by non-state actors from complementary protection.

Social rights and integration

The second part of the proposal regulates the social rights that GRC-refugees and beneficiaries of complementary protection should be granted. At present, there are still 12 German reservations intended to prevent giving both forms of protection at least somewhat equal status. The Federal Ministry for the Interior would like to establish the level of German „Duldung “ – a non-status on the level of immigration rights without any perspectives – as European standard.

The EU-proposal intends for beneficiaries of complementary protection to gain access to welfare programmes. Germany wants to delete the respective passage of the proposal and regulate only basic securing of livelihood. It is planned to allow persons to take up gainful employment immediately after the recognition of their status as beneficiaries of complementary protection. There nevertheless exists the possibility to subject those refugees to later access to the employment market for the duration of one year. Germany demands that access to the employment market is to remain solely at the discretion of the member states.. According to the EU-proposal, refugees shall also be given access to adequate integration programmes. Germany wants to replace this obligation with a noncommittal phrasing. There is no practical argument for this in the face of the fact that those concerned should also be integrated into the society of the host state. Family members of refugees and beneficiaries of complementary protection, who do not qualify for this status themselves, shall have the same rights. Family members are understood as nuclear family only. Germany has submitted a reservation and wants the regulation to be effected only as descretionary provision for persons in complementary protection.