From: Hilary Naylor <hnaylor@igc.apc.org>
Newsgroups: soc.rights.human
Date: 13 Dec 92 19:17 PST
Subject: EUROPE: AI appeals to EC Summit
Nf-ID: #N:cdp:1476700871:000:8735
Nf-From: cdp.UUCP!hnaylor    Dec 13 19:17:00 1992


From: Hilary Naylor <hnaylor>
Subject: EUROPE: AI appeals to EC Summit

/* Written  7:16 pm  Dec 13, 1992 by hnaylor@igc.apc.org in igc:ai.general */
/* ---------- "EUROPE: AI appeals to EC Summit" ---------- */
Amnesty International
International Secretariat
1 Easton Street
London WC1X 8DJ
United Kingdom 

DATE: 8 DECEMBER 1992

AMNESTY INTERNATIONAL APPEALS TO EDINBURGH SUMMIT TO HEED ITS CONCERNS ABOUT
REFUGEES AND ASYLUM-SEEKERS

Amnesty International is urgently appealing to the Edinburgh Summit of the
European Community (EC) to heed its concerns about resolutions and conclusions
relating to asylum-seekers and refugees, adopted in London last week by the EC
ministers responsible for immigration. These resolutions and conclusions,
which are expected to be endorsed by the Edinburgh Summit on 11-12 December,
deal with refugees fleeing gross human rights abuses in the territories of the
former Yugoslavia, and more general issues concerning a common policy for
treating certain types of asylum requests.

      Most people who have fled gross abuses of basic human rights in the
former Yugoslavia have found temporary protection in adjacent countries. But
tens of thousands of other refugees, particularly those fleeing from Bosnia-
Herzegovina, have sought protection elsewhere in Europe, or may feel they need
to do so. However, many potential asylum countries have taken measures to
obstruct refugees from gaining access to their territory.

      The "Conclusion on People Displaced by the Conflict in the Former
Yugoslavia", adopted by EC immigration ministers last week, emphatically
states, in its first paragraph, that large-scale permanent movements of people
outside the former Yugoslavia "are likely to encourage the inhumane and
illegal practice of ethnic cleansing". Amnesty International regrets the
prominence given to this statement, because it appears to ignore the fact that
people whose lives or safety are at risk in Bosnia-Herzegovina must themselves
decide whether they choose to face that risk or to seek safety elsewhere.
Amnesty International is also concerned by the conspicuous absence of any
reference to the right of all individuals to seek and enjoy asylum from
persecution; this right is enshrined in the Universal Declaration of Human
Rights, adopted by the international community in the immediate aftermath of
the Second World War and the previous major refugee crisis in Europe.

      Furthermore, in recent months a number of EC governments, including
Belgium, the Federal Republic of Germany, Luxembourg, Netherlands, and the
United Kingdom, and other European states including Finland, Iceland and
Switzerland have imposed a visa requirement on nationals of Bosnia-
Herzegovina from where most of the refugees are fleeing. All these countries
plus Denmark and Sweden have imposed visa requirements on nationals of
Macedonia, and Serbia and Montenegro. 

      Abuses which have been perpetrated throughout Bosnia-Herzegovina include
deliberate and arbitrary killings, torture and ill-treatment. All sides have
committed at least some of these abuses, although the evidence clearly
indicates that most abuses have been perpetrated by Serbs and that Muslims
have been the chief victims. The conflict and the abuses associated with it
have created a climate of such intense fear and despair in many areas that
thousands of Muslims, Serbs and Croats have fled to seek greater safety in
areas within the Republic under the control of their own community or outside
Bosnia-Herzegovina altogether. In Serbia, in Kosovo province, there is a
continuation of a long-term pattern where ethnic Albanians have been subject
to beatings and ill-treatment at the hands of the police. Recent reports
indicate an increased police harassment of political activists, in the form of
house-searches and interrogations, and there have been a number of incidents
where ethnic Albanians have died after being shot by police in disputed
circumstances. 

      While Amnesty International notes the undertaking made in the EC
governments' conclusion that governments will "respect ... flexible
application of visa and entry controls", it nevertheless remains concerned
that the very existence of these restrictive measures obstructs those in need
of protection from reaching these countries to seek protection, and may be
forcing them to remain in areas where their lives or freedom are at risk. An
international crisis demands an international response, and that is not helped
by narrow national efforts to restrict access to the territory through such
measures as the imposition of visas. 

      There are continuing reports that people fleeing Bosnia-Herzegovina,
particularly Muslims, are being prevented from entering Croatia if they have
insufficient documents; in some cases those who have managed to enter Croatia
are being forcibly returned to Bosnia-Herzegovina. This is in violation of
international standards which prohibit the forcible return of refugees and
asylum-seekers at the border even in situations of large-scale influx.
However, Amnesty International believes that the Croatian authorities would be
less inclined to violate these fundamental international standards if other
European states were not resorting to the restrictive measures described
above.

      Amnesty International notes that some suggestions have been made for EC
governments to assist in providing material support and protection to refugees
in so-called "safe zones" immediately adjacent to the present areas of
conflict. However, the existence of such "safe zones" must not preclude
opportunities to flee abroad nor must it be used by potential asylum countries
as a reason to refuse protection to those who ask for it. The individual right
to seek asylum abroad must not be undermined. 

      The ministers' meeting in London also agreed to a set of resolutions and
conclusions on handling certain types of asylum claims. These show an
increasing preoccupation with blocking what EC governments consider to be non-
deserving requests for asylum. Amnesty International believes these
resolutions set a dangerous precedent for the treatment of asylum-seekers
elsewhere in Europe and around the world.

       According to one of the resolutions, all EC countries will use a
special speedy process for dealing with "manifestly unfounded" asylum claims -
- a process which Amnesty International fears would not guarantee a fair
hearing or allow adequate appeals. More worrying, the EC governments have
extended the definition of what they consider an "abusive" or "unfounded"
asylum claim beyond the definition set out in international standards -- in
particular they have decided to include in this widened definition those
claims where the asylum-seeker could have sought protection in another part of
his or her own country or in some other country.

    Amnesty International is also concerned about the EC governments'
conclusions by which they agree to jointly apply the notion of countries in
which there is "generally no serious risk of persecution" -- a concept which
is already used in some European countries. This would mean that asylum-
seekers coming from countries considered to be "safe" would not necessarily be
granted a full hearing which adequately takes into account their individual
experiences or risks.

    These resolutions have been drafted at an intergovernmental level, behind
closed doors and without the involvement of the parliaments of the member
states or independent experts, and without any consultation with organizations
working on behalf of refugees and asylum-seekers. If implemented, they will
have the effect of sending many asylum-seekers to countries they may have
travelled through before arriving in an EC country. However, these other
countries (in particular states in eastern and central Europe) were not
involved in drafting the resolutions. Amnesty International fears they may now
consider putting similar restrictions on the entry of asylum-seekers into
their territories, thereby increasing the number of countries which are
closing their doors to asylum-seekers.    

    The Office of the United Nations High Commissioner for Refugees (UNHCR)
has expressed its concern over certain aspects of these resolutions, and has
noted that some of the recommendations made by UNHCR to the EC Presidency on
the content of these resolutions have not been fully taken into account.  

      Amnesty International strongly urges the EC heads of government at the
Edinburgh Summit not to adopt the resolutions on the handling of asylum claims
without taking full account of the concerns noted above and undertaking a full
consultation process with all interested parties.

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