ANNEX IV.1

GUIDELINES for joint reports on third countries (Text adopted by the Council on 20 June 1994)

A. INTRODUCTION

1. The Ministers responsible for immigration have on several occasions spoken of the desirability of drawing up joint situation reports on certain third countries of origin of asylum-seekers. They believe this to be essential if a convergent and eventually harmonized analysis of asylum applications is to be obtained.

2. To achieve this aim fully, there are certain items of information which it is important that the reports should contain.

3. It is suggested that the reports drawn up by Member States' embassies on the spot should contain as far as possible the points set out below.

4. The reports ought to provide an accurate overall picture of the political, economic and social situation in the third country, without being over-detailed since it is vital that they be drawn up quickly.

5. It has been agreed that the following guidelines could be adjusted according to the country on which a joint report is requested. In some cases this would mean omitting certain points. In others, certain specific questions would be added, depending on the information needed.

6. This outline could be revised in the light of experience.

B. CONTENT OF JOINT REPORTS

I. General political situation 1. Recent political developments 2. Current actual situation in the country, and in particular:

(a) specify the following points if possible regarding its regime:

- free elections;

- multi-party system;

- freedom of opinion and assembly;

- religious freedom;

- independent judiciary;

- security service activity;

- situation of minorities;

(b) security situation in the country (including situations of war or civil war).

3. Prospects

(a) So far as one can tell, is the political situation stable?

(b) Are there any known political deadlines (election dates, etc.)?

II. General human rights situation

1. Has the country acceded to any instruments for the protection of human rights? Preferably state which. How does it comply in practice with the principles they contain?

2. Are international human rights organizations able to monitor whether human rights are respected? 3. Actual practice as regards human rights

Are people exposed to acts contrary to human rights, in particular:

(a) torture, inhuman or degrading treatment and punishment (e.g. beating imposed by a court, legislation enshrining racial discrimination);

(b) frequent use of the death penalty (in countries where such sentences continue to be carried out);

(c) conditions of imprisonment which are contrary to human rights, arbitrary arrest, lack of freedom to travel, denial of recourse to the courts, or specific measures against political prisoners?

III. Specific information on persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion

1. Persecution by the State

(a) Are there any forms of persecution by the State, such as repressive measures or arbitrary treatment by State bodies of certain groups of individuals?

(b) What is the extent of such persecution, especially as regards:

- Interference with life, health and freedom including religious freedom?

- Extreme conditions involved in military service, where relevant?

- Other types of social discrimination?

2. Are there other forms of indirect persecution by the State (acts of persecution not carried out by the public authorities but attributable to them), such as the situation where the national authorities are unwilling to give sufficient protection to members of a particular group in the population who are seriously threatened by their fellow citizens?

IV. Possibility of fleeing within the State

(in the event of persecution)

1. Are there persecution situations confined to one part of the State's territory?

2. Is it possible to escape such persecution by going to another part of the territory?

V. Movement of nationals of the State

1. What sort of controls are carried out at these States' external frontiers (air, sea and land) as regards their own nationals? In particular, what formalities do the nationals of these States have to complete on entering or leaving? Are they discriminatory compared with the controls imposed on other nationals?

2. On the basis of the information available, are there any illegal networks facilitating the departure of nationals of the State?

VI. Authenticity of documents

1. What credence should be given to documents held by nationals and issued by the national authorities, especially travel documents?

2. Can nationals of the country easily get hold of false official documents or certificates? VII. Return to country of origin

1. Does the fact of having lodged an asylum application in another country mean that a national risks being subjected to punishments, torture or inhuman or degrading treatment when he returns to his country of origin?

2. What attitude do the State's authorities take towards foreign nationals, especially asylum-seekers?

VIII. Economic and social situation

It is useful to indicate general features of the economic and social situation that might induce people to leave the country. For example:

1. What is the current general economic situation in the country and, where appropriate, in some of its regions, and what are the prospects for future development?

2. What is the current unemployment level and what are the expected trends?

3. Is there a welfare system?

IX. Preparation of reports on host third countries

The above guidelines concerning countries of origin should be used as far as possible when drawing up reports on host third countries.

Details on the following points would also be desirable:

1. Has the country acceded to the Geneva Convention of 28 July 1951 on the Status of Refugees, the European Convention for the Protection of Human Rights and Fundamental Freedoms or any other similar human rights convention? How does it comply in practice with the principles they contain (where this adds to the answers given under II.1)?

2. Can any national of a third country submit an application for asylum in the host State? Is it possible, at the frontier or in the territory, for him to request the protection of the authorities of that country before applying to the Member State where he is seeking asylum? If not, is this the case for persons of certain nationalities or origins?

3. Is it certain that he can be admitted to the host country? If not, is that the case for persons of certain nationalities or origins?

4. Does the asylum-seeker benefit or potentially benefit from effective protection against 'refoulement` as defined by the Geneva Convention?

X. Place and date of the drawing up of the report

It would be useful to state where and when the joint report was drawn up.