A4-0169/95

Resolution on the Communication from the Commission to the Council and the European Parliament on immigration and asylum policies (COM(94)0023 - C3-0107/94)

The European Parliament,

- having regard to the Treaty on European Union,

- having regard to the principles of the Treaty establishing the European Community,

- having regard to the Communication from the Commission to the Council and the European Parliament on immigration and asylum policies (COM(94)0023 - C3-0107/94),

- having regard to the Joint Declaration of the European Parliament, the Council and the Commission of 5 April 1977 on fundamental rights ((OJ C 103, 24.7.1977, p. 1.)),

- having regard to the Council of Europe's Convention on the legal status of migrant workers,

- having regard to Council Directive 77/486/EEC of 25 July 1977 on the education of children of migrant workers ((OJ L 199, 6.8.1977, p. 32.)), and having regard to its resolution of 21 January 1993 ((OJ C 122, 20.5.1980, p. 61.)) on cultural plurality and the problems of school education for children of immigrants in the European Community,

- having regard to its resolution of 12 March 1987 on asylum laws ((OJ C 99, 13.4.1987, p. 167.)) and its resolution of 18 November 1992 on the harmonization within the European Community of asylum laws and policies ((OJ C 337, 21.12.1992, p. 97.)),

- having regard to its resolution of 14 October 1987 on discrimination against immigrant women and migrant women workers in the laws and legal provisions in the Community ((OJ C 305, 16.11.1987, p. 70.)),

- having regard to its resolution of 18 November 1992 on European immigration policy ((OJ C 337, 21.12.1992, p. 94.)),

- having regard to its resolution of 15 July 1993 on European immigration policy ((OJ C 255, 20.9.1993, p. 184.)),

- having regard to its resolution of 19 January 1994 on a European refugee policy ((OJ C 44, 14.2.1994, p. 106.)),

- having regard to its resolution of 27 April 1995 on racism, xenophobia and anti-Semitism (B4-0731/95) ((OJ C 126, 22.5.1995, p. 75.)),

- having regard to the reports of its Committee of Inquiry into Racism and Xenophobia in Europe,

- having regard to the joint declaration of the European Parliament, the Council, the representatives of the Member States meeting in Council and the Commission of 11 June 1986 against racism and xenophobia,

- having regard to the following petitions:

(a) 574/93 by Mr Gunter Feneis (German) on visa requirements for citizens from third countries,

(b) 335/94 by Mr Wilfried Rundholz (German) on the harmonization of the right of asylum on the basis of the Geneva Convention on Refugees,

(c) 434/94 by Mrs Ute Dorschner (German), on behalf of 'Initiative Pro Asyl Wörthsee', on the imminent expulsion from Germany and deportation to Turkey of a Kurdish family of refugees,

(d) 449/94 by Mrs Ute Dorschner (German), on behalf of 'Initiative Pro Asyl Wörthsee', on the imminent expulsion from Germany and deportation to Turkey of a Kurdish family of refugees,

(e) 458/94 by Mr Paliah Ganesh (Sri Lankan) requesting political asylum,

(f) 564/94 by Mr Krishna Vaikunthavasan (British), on behalf of the 'Tamil Coordinating Committee', on the situation of Tamil political asylum seekers in the European Union,

(g) 591/94 on behalf of 'Anti-Rassismus AG' (German) on the imminent expulsion from Germany of a Romanian family of refugees,

(h) 714/94 by Mr Constantin Lascu Sorin (Romanian) on a request for political asylum,

(i) 778/94 by Mrs Erika Rennhack (German) on the imminent expulsion from Germany of her husband,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Women's Rights and the Committee on Social Affairs and Employment (A4-0169/95),

A. whereas a clear distinction must be made between asylum policy and immigration policy,

B. whereas the right of asylum is a universal human right enshrined in Article 14 of the Universal Declaration of Human Rights and connected with the best European traditions,

C. whereas the broad approach advocated by the European Commission to the asylum and immigration policy for the European Union consisting of:

- controlling the pressure of migration;

- management of migration fluxes;

- integration of refugees and migrants,

- combating all forms of discrimination,

is desirable and necessary, but whereas the measures taken by the Council in this context must primarily contribute to the actual protection of refugees and to the elimination of the causes of the refugee problem,

D. whereas such a balanced approach should be based on the treaties in force in this field, notably the 1951 Geneva Convention relating to the status of refugees, the 1967 New York Protocol, the guiding principles of the HCR and the 1950 European Convention on Human Rights; whereas this approach should be broadened so that the international protection of refugees

- is based on a harmonized interpretation of the term 'refugee,'

- may be based on a smoothly functioning system of international obligations in which UN member countries are bound by the UNHCR policy and provide a substantial contribution thereto,

E. whereas politicians and policy-makers bear special responsibility to pursue the debate on asylum and immigration policy on a balanced and painstaking basis,

F. whereas most refugees and asylum-seekers are intercepted in their own region; whereas the European Union only has to deal with a relatively modest number of refugees and asylum-seekers; whereas a large proportion of these return to their home countries once the cause of their flight has been eliminated,

G. whereas the Dublin Convention of 15 June 1990 determining the state responsible for examining a request for asylum has still not been ratified by all Member States which have signed the Convention,

H. whereas the Council's recommendations, resolutions and other decisions of general application on immigration and asylum policy are wrongly not subject to parliamentary and judicial scrutiny, and as such are of an unsatisfactory democratic and constitutional nature, and are therefore not acceptable as forms of Union legislation,

I. whereas, in view of the growing freedom of movement which exists within the European Union, arrangements for admission of asylum-seekers and refugees can no longer be made nationally but must be harmonized,

J. whereas the European Union as a whole is seen as a safe area for refugees, and whereas an exclusively national policy is therefore no longer adequate,

K. whereas, because of their nationality, immigrants from third countries are in many cases subject to discrimination as regards access to employment, remuneration, taxation and social security, and whereas they are most adversely affected by unemployment and other consequences of the economic crisis,

L. whereas many people in the Union do not enjoy full civic rights because they are the descendants of immigrants, although they were born in the Union and have spent all their lives there,

M. whereas the Member States' asylum and immigration policy pays inadequate attention to the specific position of women,

N. whereas, as women, young people and children are often exposed to the risk of trafficking in humans and mistreatment, particular consideration must be given to them in the immigration process,

O. whereas, despite Parliament's repeated requests, the Commission and Council have not developed an action programme for the integration of immigrants and for the combating of racism and xenophobia,

P. whereas the implementation of the Schengen Agreements is a first positive step towards the free movement of persons within the European Union, but whereas it has unfortunately created a two-speed Europe in the field of justice and home affairs,

Q. having regard to the increase in the Member States in racist attacks and arson attacks on refugees, immigrants and citizens whose skin is a different colour,

R. whereas racism and anti-Semitism in Europe have visibly increased, whereas, against this background, racist and extreme right-wing parties have been increasingly successful in elections, and whereas this development must be seen as jeopardizing the democratic values of the Community,

S. whereas various Member States have tightened up their national legislation in the fields of asylum and immigration policy in recent years,

T. whereas a convention on the temporary admission of refugees from civil wars, containing appropriate provisions for burden-sharing, is overdue in the European Union,

Institutional affairs

1. Considers that the Commission must, by 1 January 1996, submit a programme based on this resolution and setting out clear objectives as regards practical implementation of the policy, timescales and the financing of the proposed measures;

2. Urges the Commission to play a more active role in this policy area and to use its right to propose legislation to bring about rapid harmonization of the aspects of this policy and calls in this connection for the development of Community criteria which - based on the Geneva Convention - are helpful in answering the question whether refugees must be granted permanent or temporary admission; points out that the principle of provisional admission must not be used to avoid offering permanent protection to refugees and therefore sets out requirements for:

- the conditions for provisional admission;

- the duration of admission;

- and the nature of admission;

and asks the European Commission to draw up a proposal;

3. Believes that decisions on asylum and immigration policies should be taken gradually under the authority of the Community, and urges the Commission to submit a proposal by 1 January 1996 for implementing Article K.9 of the EU Treaty;

4. Takes the view that recommendations, resolutions and other decisions of general application by the Council on immigration and asylum policies are wrongly excluded from parliamentary and judicial scrutiny and are therefore not acceptable as forms of Union legislation; demands that decisions which the Council intends to adopt on the basis of the EU Treaty are submitted to the European Parliament, before the decision-making process commences, for consultation under Article K.6 TEU, and calls for draft texts submitted to the Council by Member States or the Commission to be made public in the same way as Commission proposals relating to the first pillar of the EU Treaty;

5. Considers the harmonization of immigration and asylum policies without proper international judicial supervision to be unacceptable and calls, therefore, for the European Court of Justice's jurisdiction to be extended generally to include matters falling within the sphere of justice and home affairs;

6. Calls on the Council, in preparation for the annual debate on progress made with implementation in relation to the third pillar, to submit a written report to the European Parliament at least once a year;

Migration

7. Urges the Commission to submit a proposal comprising specific recommendations for improved coordination and cooperation between institutions and organizations which study and process information on migration;

8. Calls on the Commission, in particular, to compile Union-wide comparable figures on the basis of uniform categories concerning immigration into the Union and emigration to third countries;

9. Points, in this connection, to the ongoing talks on the possibility of establishing a migration observatory and stresses that a flexible and project-based approach is preferable to the establishment of such an observatory;

10. Urges the Commission to act on the recommendations of the Social Summit in Copenhagen and to formulate policy proposals for investing in social priorities and the development of a 'civic society' in developing countries; urges it likewise to step up its efforts and initiatives to combat the economic causes of migration and suggests that a higher-profile and more effective foreign and security policy could help to achieve this;

11. Urges the Commission to draw up an adequate preventive migration policy for the Union and, in that context, likewise to improve the Union's contribution to the organization of reception facilities for displaced persons in their regions of origin in the event of large-scale emergencies, so that these people are alienated as little as possible from their country of origin, and proposes that the following should be enshrined in EC law as basic principles:

- Community criteria for the assessment of asylum requests,

- (after assessment) adoption of procedures and criteria for the actual reception and protection of refugees in the European region;

12. Urges the Commission and the Council to establish an efficient, transparent system of emergency aid making it possible to take effective action in the event of disasters, conflicts and flagrant violations of human rights;

13. Calls once again on the Commission to propose a framework directive on immigration followed by specific directives relating to:

- access to the labour market,

- training and further training,

- labour status limited in time,

- return of migrants

and to replace the existing resolution on family reunification with a directive;

14. Calls especially on the Member States to abide by the principles of the 1952 New York Convention as regards the right to education, health and assistance for minors, even if these are the children of illegal immigrants;

Asylum

15. Considers that the Commission must subject decisions of the Council with implications for asylum-seekers to closer scrutiny, check whether the measures are compatible with the requirements of the 1951 Geneva Convention, comply with the UNHCR handbook (on procedures and criteria for the determining of the status of refugees) and take account of the European Convention for the Protection of Human Rights and Fundamental Freedoms; assumes that the Commission will keep Parliament informed of the outcome of that scrutiny;

16. Maintains that the right not to be turned back is one of the fundamental rights contained in the Geneva Convention and calls on the Commission to set up an inquiry to ascertain whether the use of the term 'safe third country' directly or indirectly jeopardizes that right;

17. Calls on the Commission and the Member States to amend their legislation so that asylum procedures never take longer than three years to complete and to make arrangements for cases in which such a time limit is exceeded through no fault of the asylum seekers;

18. Calls on the Commission and the Member States, likewise in the context of asylum policy, to devote special attention to persons with inadequate legal status, including the victims of violence, children and women; calls on the Commission and the Member States likewise to devote additional attention to the growing phenomenon of unaccompanied asylum-seeking minors, both as regards its root causes and the provision of decent reception facilities for such persons; calls on the Commission rapidly to draw up a proposal in which gender-related oppression and sexual violence against women are accepted as legitimate grounds for asylum;

19. Calls on the Member States not to use the pretext of 'international zones' in airports and fears that the persistence of such situations may well result in a marked increase in the number of homeless refugees;

20. Calls on the Commission and Member States to devote special attention in their asylum policies to people who have evaded participation in civil war operations by deserting from military units or private armies;

21. Calls on the Commission and the Member States, given their intention to draw up a harmonized interpretation of the term 'refugee' in accordance with Article 1A of the 1951 Convention, to follow the authoritative guidance as contained in Conclusions of the UNHCR Executive Committee and the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status;

22. Urges the Council to ensure that work on harmonizing the definition of refugee in accordance with Article 1A of the Geneva Convention is completed, while paying particular attention to ensuring that refugee status is granted to all those actually persecuted in their own country, even if the State authorities are not the authors of the persecution;

23. Notes that, owing to the entry into force of the Schengen Agreements between seven Member States, a two-speed Europe does in fact now exist in the field of justice and home affairs; regrets this state of affairs and takes the view that it must be remedied as soon as possible; calls, therefore, on the Council and the Member States to ensure that the Dublin Convention on asylum policy enters into force as soon as possible, without prejudice to the desire for Union legislation likewise to be introduced in this field;

24. Calls on the Member States to respect the minimum standards for asylum procedures drawn up by the UNHCR and to ensure that all those involved in the process are properly trained and trained further on an ongoing basis;

25. Expresses its concern as to the substance of the Council Resolution on minimum guarantees for asylum procedures; considers the fact that the Council took a decision on 20 June 1995 to be unacceptable and calls on the Council to consult Parliament pursuant to Title VI of the EU Treaty;

26. Calls on the Council and Member States to use the instruments expressly provided by the Treaties to establish minimum guarantees in asylum procedures which respect the 1951 Geneva Convention, such guarantees providing at least for the respect of the following criteria:

- all asylum seekers should have the right to a full and fair hearing of their case;

- states may not send asylum-seekers on to third countries without a substantive examination of the claim and unless the asylum seeker is guaranteed effective and durable protection against being turned back;

- any decision to refuse a claim should be taken only by the body responsible for dealing with asylum requests;

- all asylum-seekers whose applications are refused should be able to appeal to a judicial authority; an appeal should have suspensive effect on expulsion;

27. Points out that penalties imposed on carriers of persons whose documents are not in order must not contravene Annex 9 to the 1944 Chicago Convention;

28. Urges the Commission to draft Union legislation, in the form of a Community framework and specific measures, concerning the granting of temporary protection to very large numbers of displaced persons who, through no fault of their own, face great danger, even though such persons are not refugees within the meaning of the Convention relating to the status of refugees and, in so doing, to cooperate with the Office of the United Nations High Commissioner for Refugees (UNHCR);

29. Urges the Commission to improve the Union's contribution to the organization of reception facilities for displaced persons in their regions of origin in the event of large-scale emergencies;

30. Considers that such rules governing temporary protection should under no circumstances jeopardize the rights of persons seeking asylum under the Geneva Convention; they should offer minimum guarantees including the assurance that protection will be maintained as long as the danger persists in the country of origin, no decision to cease temporary protection being taken before close scrutiny of the human rights situation in the country of origin, and until it has been ensured that persons returning will not be subject to human rights violations;

31. Urges the Commission without delay to devise a European system for the total reception of asylum-seekers, displaced persons and refugees so that the responsibility for such reception is borne jointly and equitably by the Member States;

32. Calls on the Commission to draw up a proposal to transfer expertise and financial resources for the reception of asylum-seekers and refugees to the countries of Central and Eastern Europe;

Illegal immigration

33. Deplores the fact that, whilst internal frontiers are disappearing, the Convention on the crossing of the Union's external borders has still not been concluded;

34. Calls on the Commission to make a proposal for a coherent policy for the repatriation of illegal immigrants which focuses on the prospects for training within repatriation projects and agreements with non-member countries on the readmission of their nationals and to draw up such a plan in consultation with the International Organization for Migration (IOM);

35. Calls on the Member States to step up their action against the organizers of illegal immigration rackets and their networks and against illegal employment whereby undertakings would be penalized and obliged to make subsequent payments of appropriate remuneration and social levies as well as taxes for illegally employed persons, in order to facilitate their reintegration in their countries of origin;

Racism and xenophobia

36. Is of the opinion, inter alia on the basis of the case law of the Court of Justice, that there are grounds for arguing that the combating of racism and xenophobia falls within the first pillar of the Union Treaty; calls on the Commission to submit an anti-discrimination directive; is also of the opinion that, on the basis of the principle of subsidiarity, action to combat racism and xenophobia is the responsibility of all public authorities and social institutions; calls likewise on the Commission to take seriously the recommendations of the Committee of Inquiry into Racism and Xenophobia in Europe;

37. Urges that the fight against racism and xenophobia be included in the Union's list of priorities and duly reaffirmed at the 1996 intergovernmental conference;

38. Calls on the Commission to encourage the social partners to take part in drawing up a code of practice prohibiting racial discrimination in the workplace by January 1997;

Integration

39. Stresses the need to promote measures, inter alia through local authorities and NGOs, for the integration of the wives and children of immigrants and refugees in the host countries;

40. Deems it of great importance that priority be given to the strengthening of the legal position of citizens of third countries who are legally resident in one of the Member States; confirms its view that the right to free movement in the Union must apply to all persons living legally in the Member States, irrespective of their origin, nationality, religion or colour of skin; calls on the Commission to submit by 1 January 1996 proposals for achieving such aims and to draw up a list of the legal provisions which place such third-country nationals at a disadvantage relative to Union citizens and of the possibilities for giving them access to European citizenship;

41. Calls on the Member States to make it easier for legal residents to acquire dual nationality and, in this connection, refers to the positive experiences gained by a number of Member States;

42. Calls on the Member States to grant immigrants from non-member countries who have been resident in the Union for at least five years the right to vote and stand as candidates in elections at least at local and regional level and in elections for the European Parliament;

43. Takes the view that women from third countries who are legally resident in the Union should have the right to an independent residence status which will not be repealed in the event of emigration, divorce or the death of the spouse; calls on the Commission to submit proposals for a directive on this subject;

44. Refers to the varying practices in the Member States as regards the right of residence which hamper long-term planning for immigrants and calls on the Commission to ensure harmonization of provisions governing the right of residence in the Community in order to reinforce the residence status of immigrants from third countries;

45. Calls on the Commission to draw up specific programmes under the European Social Fund which are geared to support for vocational training and the integration of young people who are subject to specific problems as a consequence of migration and general discrimination;

46. Calls on the Commission to draw up a Community programme for the integration of migrants, central to which is the strengthening of the social position of migrants and in which specific attention is paid to the position of immigrants' wives;

47. Calls upon the Commission to prepare an action programme for the integration of immigrants which respects their cultural identities and draws upon the opportunities provided by the Socrates and Leonardo programmes for the eduction and training of migrants, their families, and public servants who act as 'gate-keepers' to systems of integration, e.g. police, housing, health, education, etc.;

48. Calls on the Commission to promote basic standards of treatment for immigrants, refugees and asylum-seekers and their families such as social assistance, education (including language courses), employment, family unity and freedom of movement, in order to help them come to terms with life in their host countries;

49. Calls on the education and media sectors to play a more active role in informing the general public in Europe about foreign communities, their history, culture and contribution to the economic and social life of the European Union, in order to promote harmonious inter-community relations;

50. Urges the Council to adopt the Poverty IV programme immediately and to continue the fight against the exclusion of vulnerable groups in society, including migrant workers and their families;

Conclusion

51. Notes that the Union and its Member States have always been de facto immigrant countries and calls on the Commission and the Member States to promote a public exchange of experience between politicians, researchers and practitioners on a permanent basis in their asylum and immigration policies with a view to determining whether and to what extent an active immigration policy will be required in the future;

52. Instructs its President to forward this resolution to the Council, the Commission, the Economic and Social Committee, the Committee of the Regions, the governments and parliaments of the Member States and applicant countries, the Council of Europe, and the United Nations.