WRITTEN QUESTION E-2565/02

by Anna Karamanou (PSE) to the Council

(16 September 2002)

Subject: Mass repatriation of Afghan refugees

The prevailing insecurity in Afghanistan, which is related to the climate of violence in the country ongoing conflict, crime, banditry, the violation of women's rights, the presence of mines and the American forces' bombing campaign together with the incapacity to absorb repatriated Afghans, are a direct threat to the safe return of Afghan refugees who are displaced internally in the country and abroad.

In its report entitled Continuing need for protection and standards for return of Afghan refugees, Amnesty International expresses concern at the policy of mass repatriation promoted by the UNHCR in cooperation with the countries sheltering Afghan refugees, stressing that, in such circumstances, international standards should apply, as they are of vital importance to ensure that Afghan refugees can return in safety and dignity. Otherwise, the organisation warns that the situation may result in renewed cycles of displacement.

Will the Council intervene to prevent the use of compulsory and coercive measures to return to Afghanistan refugees who may suffer serious human rights abuses, and to ensure that international standards of protection for refugees are applied?

Reply

(20 February 2003)

1. Following the collapse of the Taliban regime and the setting up of new political institutions in Afghanistan, the question of the adoption of programmes for the repatriation of Afghan nationals now in the territory of EU Member States is being examined by the Member States concerned and at EU level. Some Member States have already set up such programmes.

2. As regards EU action in this area, it should be recalled that the Seville European Council asked the Council to adopt, before the end of 2002, a repatriation programme based on the Commission's Green Paper on return and incorporating the best possible facilities for early return to Afghanistan (Conclusion 30).

With a view to implementing the Seville conclusions, the Danish Presidency has submitted a draft programme on return to Afghanistan. It is currently being examined by the competent Council bodies and was submitted to the Council for an initial exchange of views on 15 October 2002. The Council adopted the Plan at its meeting on 28 November 2002.

The Council notes that this Plan for return to Afghanistan should be seen in the context of the creation of a general EU programme, which is also in progress. In adopting this Plan, the Council considered that, at the present time, return to Afghanistan from the EU should be initiated and that the status of Afghans who decide not to avail themselves of voluntary repatriation shall continue to be governed by the relevant national legislation in full

respect of the 1951 Convention relating to the status of refugees and its 1967 Protocol. The Council also acknowledged the important active role that can be played by Member States individually, as well as by the Community as a whole. To this end, the Plan identifies where coordination at European level will have the greatest impact and where complementarity of Member State and Community actions can be sought. The responsibility for implementing the Plan rests mainly with Member States, while the role of the Commission is more coordinative in nature.