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PRO ASYL Press Release

5. March 2003

European Asylum Law

Germany withdraws reservation on non-state persecution
Mr Schily obviously reminded of his duties by his coalition
PRO ASYL: first step in taking the right path – 14 others have to follow

Also victims of non-state persecution belong to the protection section of the Geneva Refugee Convention. Another version, which had stubbornly represented alone Germany so far in the European negotiations regarding the refugee definition, isn’t be applicable any more. This results from a document of the Council (Justice and Home Affairs) of March 4th, 2003. It*s made clear here with considerable delay, that now the scrutiny reservation of Germany registered so far can’t be extended to this question. According to the assessment of PRO ASYL this change of the German attitude might go back to the fact, that Federal Home Minister Mr. Otto Schily had been obliged to loyal behaviour within the government coalition. In the context of the Immigration Bill the parties of the government coalition had established the refugee recognition for victims of non-state and gender specific persecution.

PRO ASYL welcomes the current clarification. It is a first step away from the completely isolated position of Germany on European level. This step must follow 14 more now.

COUNCIL OF THE EUROPEAN UNION Brussels, 4 March 2003
Interinstitutional File:
2001/0207 (CNS) 6733/03
COR 1
LIMITE
ASILE 11
CORRIGENDUM TO OUTCOME OF PROCEEDINGS
of : Council (Justice and Home Affairs)
on : 27 February 2003
No. prev. doc. :
No. Cion prop. : 6566/03 ASILE 10 ADD 1 + ADD 1 COR 1
13620/01 ASILE 52 – COM(2001) 510 final
Subject : Proposal for a Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection
On page 8 (Article 9), footnote 3 should read as follows :
D : scrutiny reservation concerning subsidiary protection status.

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