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51. Looking for a bridge over troubled waters: the forthcoming New Pact on Migration and Asylum

Author:
Angeliki Dimitriadi
Publication Date:
06-2020
Content Type:
Policy Brief
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
On the occasion of the World Refugee Day, 20th of June, ELIAMEP publishes a Policy Brief on the forthcoming New Pact on Migration and Asylum, by Dr. Angeliki Dimitriadi, Senior Research Fellow and Head of ELIAMEP’s Migration Programme. COVID-19 has affected access to asylum. Border closures have prevented in many cases asylum seekers from reaching safety, or made them face prolonged delays in their asylum application. The New Pact on Migration and Asylum is expected to be announced by the end of June. It is one of the biggest challenges facing the current European Commission, which is called upon to submit proposals that will be accepted by the Member States with different perspectives but also asylum and immigration needs. The biggest challenge, however, is to ensure that the right and access to asylum is fully preserved and will be a priority for the Union for years to come. In the midst of ongoing conflicts, extreme poverty and increasingly restrictive practices at the external border, it is perhaps the last chance to ground a common migration and asylum policy on the the principles of humanity and solidarity, between Member States and towards asylum seekers. The New Pact for Asylum and Migration will seek to bridge the differences between Member States on the solidarity, burden-sharing and common asylum processes. Southern member states have tabled a detailed proposal on the way forward grounded on mandatory solidarity. Forced movement will continue and likely be exacerbated due to the impact of COVID-19 in critical regions like Africa and Southeast Asia.
Topic:
Migration, Treaties and Agreements, European Union, Refugees, Borders, Asylum, and COVID-19
Political Geography:
Europe and Greece

52. If you can dream it, you can do it? Early thoughts on the New Pact on Migration, and the impact on frontline States

Author:
Angeliki Dimitriadi
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
Dr Angeliki Dimitriadi, Senior Research Fellow; Head of ELIAMEP Migration Programme, discusses some first thoughts about the New Pact on Migration and Asylum of the European Commission, which was presented this week. The Pact promotes a future where Europe looks inward. Proposal is based on an integrated vision for returns but not for reception. Mandatory flexible solidarity is the new way forward. The Pact introduces critical changes to Dublin but responsibility remains with first country of arrival. Deterrence remains the norm.
Topic:
Migration, Treaties and Agreements, European Union, and Asylum
Political Geography:
Europe

53. European and African perspectives on asylum and migration policy. Seeking common ground

Author:
Olivia Sundberg Diez, Matthias Lücke, Leonie Jegen, and Franzisca Zanker
Publication Date:
04-2020
Content Type:
Special Report
Institution:
European Policy Centre (EPC)
Abstract:
If the EU and its member states are to manage migration successfully, they need to start treating countries of origin and transit, especially in Africa, as equal partners. The Union must make a conscious effort to negotiate comprehensive agreements on mobility that reflect both sides’ interests, concerns, and political realities. The European Commission is currently finalising its proposed New Pact on Migration and Asylum to re-start the debate on how to reform the Common European Asylum System and manage migration from outside the EU. One prominent aspect is the ‘external dimension’: jointly managing migration with countries of origin and transit. In this 2020 MEDAM Assessment Report, the authors explore how European and African governments can reach common ground on policies related to migration and mobility.
Topic:
Migration, Treaties and Agreements, European Union, Refugees, and Asylum
Political Geography:
Africa and Europe

54. The upcoming New Pact on Migration and Asylum: Will it be up to the challenge?

Author:
Alberto-Horst Neidhardt and Olivia Sundberg Diez
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
A courageous and ambitious New Pact on Migration and Asylum is one that strengthens the right to asylum; sets the conditions for more equal relationships with third countries when it comes to managing migration; and puts forward a mechanism that can foster genuine solidarity between member states. When the new Commission entered into office in December 2019, it promised a fresh start on migration, breaking the deadlock between member states on long-awaited reforms. Unfortunately, based on a range of leaked papers and official (draft) documents that have been circulating since late 2019, it seems that the Commission may opt to reduce the New Pact to a collection of watered-down compromises on responsibility-sharing. It also appears to be doubling down on control-oriented measures. This Discussion Paper argues that a different approach is needed to set up an EU asylum and migration policy that is efficient, respects asylum seekers’ fundamental rights and can prevent and meaningfully address future humanitarian emergencies.
Topic:
Migration, Treaties and Agreements, Refugees, and Asylum
Political Geography:
Europe

55. PROTECTION REGIME FOR ASYLUM APPLICANTS AND REFUGEES IN LAW 10/15 OF JUNE 17, LAW ON THE RIGHT OF ASYLUM AND THE REFUGEE STATUS IN ANGOLA

Author:
Avelino Chico
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Brazilian Journal of African Studies
Institution:
Brazilian Journal of African Studies
Abstract:
Law 10/15 of June 17, the Law on the Right to Asylum and the Status of Refugees in Angola, was approved in a context of peace and political, economic, and social stability. The law came into force at a time when the number of refugees and asylum seekers in the country was growing. Political instability, war, and ethnic violence in neighboring countries such as the Democratic Republic of Congo (DRC) led to the flight of nationals of that country to Angola. In 2016, more than 40,000 Congolese refugees fled ethnic atrocities in Kasai and Central Kasai provinces to seek protection in Angola, joining others who were already welcomed in the country. The majority came from the Republic of theCongo, Rwanda, Burundi, the Ivory Coast, Sierra Leone, the Central African Republic, and Liberia. The reception of these individuals was, and still is, supported by the Angolan Constitution (CRA), which guarantees every foreign citizen or stateless person the right to asylum (CRA, art. 71).
Topic:
Migration, Refugee Issues, Displacement, Asylum, and Stateless Population
Political Geography:
Africa, Angola, and Democratic Republic of Congo

56. Migration and Asylum Policies in the European Union and its Application Problems in the Member States / Las políticas de migración y asilo en la Unión Europea y sus problemas de aplicación en los Estados miembros

Author:
Jordi Regi
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The problem caused by the growing migratory pressure has caused the European Union (EU) one of its most significant crisis of late. A crisis without precedent. Existing asylum and migration policies have not been able to give the necessary and adequate response due to the serious pre-existing migratory problem. A large number of infringement procedures have also been opened against European Union Member States due to this situation, some of them still are still unresolved and submitted to the Court of Justice of the European Union (CJEU). This article analyzes EU's active policies on migration and asylum from a descriptive point of view as a starting point for the study of the implementation problems of these regulations in the wake of the governance crisis caused by the massive entry of immigrants in 2015 as a consequence of the war in Syria and the massive exodus of its refugees. In addition, the crucial role of the EU Council in this matter is studied through the analysis of its growing role and its active intervention policies against migration problems. The EU legislation is also analyzed as well as the United Nations rules on the matter through the study of the conventions on transnational organized crime and human trafficking. The article finally reviews the infringement procedures on the matter, taking as a comparative basis the reports on compliance with EU law from the last two years, concluding with the need to reformulate the aforementioned policies and the degree of member states' involvement, so as to create a common front against the problem analyzed in this article and its future development.
Topic:
Security, Migration, European Union, Refugees, and Asylum
Political Geography:
Europe

57. European migration and border management: Future reforms reassert symbolic solidarity

Author:
Saila Heinikoski
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
In 2021, major symbolic changes are expected to be made to European migration and border policies, as Frontex standing corps is established in January and regulations for the New Pact on Migration and Asylum should be adopted by June. The Migration Pact proposed by the Commission in September 2020 would obligate member states to help each other in the event of migratory pressure, disembarkations or situations of crisis. Despite “mandatory solidarity” in the New Pact, there is no common migration policy, but the recognition rates continue to vary from country to country. Whereas common solutions to migration and asylum policy have not been found since 2015, countries were quick to adopt a Regulation on the European Border and Coast Guard 2019/1896, which stipulates the progressive deployment of Frontex’s own 10,000 European border guards from 2021 onwards. Both migration and border management reforms are symbolically important for European integration, but member states retain their sovereign competence to decide who can stay and who should return.
Topic:
Migration, Border Control, Asylum, and Integration
Political Geography:
Europe

58. More than a Wall: The Rise and Fall of US Asylum and Refugee Policy

Author:
Ruth Ellen Wasem
Publication Date:
08-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article uses a multidisciplinary approach — analyzing historical sources, refugee and asylum admissions data, legislative provisions, and public opinion data — to track the rise and fall of the US asylum and refugee policy. It shows that there has always been a political struggle between people who advocate for a generous refugee and asylum system and those who oppose it. Today, the flexible system of protecting refugees and asylees, established in 1980, is giving way to policies that weaponize them. It offers a historical analysis of US refugee and asylum policies, as well as xenophobic and nativist attitudes toward refugees. It places Trump administration refugee policies in three categories: those that abandon longstanding US legal principles and policies, most notably non-refoulement and due process; those that block the entry of refugees and asylees; and those that criminalize foreign nationals who attempt to seek asylum in the United States. The article concludes with an analysis of public opinion research to square the growing public support for refugees and asylees shown in polling data with the subgroup popularity of Donald Trump’s harsh xenophobic rhetoric and policies. These seemingly contradictory trends are consistent with research on right-wing populism. It argues that the restoration of generous humanitarian policies requires robust civic engagement and steadfast legislative efforts.
Topic:
Migration, Refugees, Humanitarian Intervention, Asylum, and Migrant Workers
Political Geography:
United States of America and North America

59. Expanding Legal Labour Migration Pathways to the EU: Will This Time Be Different?

Author:
Martin Ruhs
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
The European Commission’s recently published “New Pact on Migration and Asylum” calls on EU member states to increase legal labour migration pathways, including for lower-skilled workers. To help achieve this goal, the Pact proposes greater and more effective cooperation with non-EU countries through so-called “Talent Partnerships”. These proposals are not new. The idea of partnerships with non-EU countries that include expanded labour migration programmes was at the heart of the EU’s “Global Approach to Migration” launched in 2005, and this approach has been further discussed and developed over the past 15 years. These ideas, however, have never led to a significant opening of European labour markets to lower-skilled non-EU workers. An obvious question therefore arises: Will this time be different? Will EU member states (which have primary competence in regulating labour immigration from outside the EU) engage with non-EU countries to develop new policies that expand legal labour migration opportunities in meaningful ways? Will these opportunities be inclusive of low- and medium-skilled workers?
Topic:
Migration, Politics, Labor Issues, European Union, Institutions, and Asylum
Political Geography:
Europe

60. Chasing Efficiency: Can Operational Changes Fix European Asylum Systems?

Author:
Hanne Beirens
Publication Date:
03-2020
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
With new EU leadership having taken office in late 2019, Brussels is hungry for fresh ideas that will either revive or reform the Common European Asylum System. The scale and pace of asylum-seeker arrivals on European shores in 2015–16 pushed many Member State systems to a breaking point and brought into glaring focus problems—such as incomplete registration of new arrivals and lengthy case processing backlogs—that existed even before the crisis. Several years on, proposals to address these and other issues through reforms to the EU legal framework for asylum have stalled. Yet, this has also been a period of intense innovation at the national level. Member States have tested new or revamped old ideas to improve the operation of their asylum systems—how they register those seeking protection, offer them reception and material assistance, investigate their protection claims, and then, if their cases are rejected, return them to their origin countries. This MPI Europe-Bertelsmann Stiftung report examines these Member State responses and the wealth of lessons, as well as some cautionary tales, they offer as European leaders contemplate future changes. Among the innovative approaches are the creation in Germany and France of “first-arrival centers” to swiftly register and secure accommodation for newcomers, Swiss “processing centers” that bring together all stakeholders involved in the asylum procedure to make high-quality decisions more quickly, and the Dutch and Swedish “triage” or “track” systems that assign incoming cases to tailored asylum procedures. Understanding this operational dimension—the nuts and bolts of EU asylum systems—is essential for efforts to secure durable improvements. As the author writes, “The era of using (purely) legislative reform to attempt to fix European asylum systems and preserve the integrity of protection regimes has come to an end; the future lies with policy-making approaches, such as a strategic roadmap, that mobilize the full set of tools available.” This is the final report for the Making Asylum Systems Work in Europe initiative, which aims to contribute to efforts to build the capacity of national asylum systems and improve cooperation between EU Member States.
Topic:
International Cooperation, Governance, European Union, Refugees, and Asylum
Political Geography:
Europe