DUBLIN REFORM POLICY MEMO DAMIAN, KILANI, SHANAK, WEST

To: Federica Mogherini, High Representative of the Union for Foreign Affairs and Security

Policy and Vice President of the Commission

Subject: The Need to Reform the Dublin Regulation and Registration Process in the Context of the

Syrian Refugee Crisis

Date: 20 October 2015 ------------------------------------------------------------------------------------------------------------------------------ Overview

The refugee crisis has been thrust upon Europe; that there are millions of refugees in Europe is now

undeniable. Greece alone has received nearly 400,000 refugees by sea so far this year.1 Due to the war

raging in Syria, 7.6 million people have been displaced2 and are searching for safety - indeed, Greece

received triple the number of Syrian refugees in the month of September than all the refugees they

received in 2014.1

Registration of these refugees is fundamental to any further options in handling this crisis. Yet

conservatively, at least 30 percent of these refugees or hundreds of thousands of people have not yet been

processed or “registered” let alone begun applications for asylum. Without registration, it is impossible

to accurately know the number of people traversing the EU, who they are, or where they are going. It

also makes it incredibly challenging to identify those who may pose a potential security threat, to help

move people to more hospitable locations, or to protect vulnerable population in urgent need of

humanitarian assistance.

The current challenge of registering this sheer number of refugees is compounded by a lack of coherent

and practical EU process and system, and particularly, the failure of the Dublin System. It is of

paramount importance that an effective registration solution be implemented immediately to alleviate the

socio-economic pressure on the Member States and people of the European Union (EU). The refugee

crisis is a transnational problem that requires a transnational solution, overseen by a transnational body.

A System Broken

Syrians, along with Afghani, Iraqi, and Eritrean refugees, are entering EU territory in proportions that

member states have never seen. The EU border countries are ill-prepared to provide basic services, let

alone facilitate registration and asylum applications. Worsening the problem, most registration sites are

many kilometers from where refugees enter a country, forcing people to scatter and fend for themselves

as they make another perilous journey on foot. Particularly vulnerable refugees like women, children,

disabled and elderly fall victim to forced labor, prostitution or crime. 3

The primary system that dictates the process for registering refugees is the Dublin Regulation, established

in 1990. It started as an important EU policy in border control, allowing refugees to be returned to

entrance countries where they first entered for efficient asylum processing and to prevent asylum

shopping in a country of choice. The sheer magnitude of the Syrian refugee influx has morphed the

Regulation into an oppressive EU law, unfairly burdening entry states while giving other countries an

easy out. Gateway states into the EU are wrought with inefficiencies and backlogs making it not only

dangerous for Syrian refugees who consequently rarely stay in the country they entered, but also very

dangerous for the citizens of EU nations which have thousands of newly unaccounted transplants that

could pose unknown threats. 4,5

For refugees who do register, deportation is suspended (for a certain time period depending on the state)

until they apply for asylum. They also receive faster access to services. In this way, the advantage to

being registered as soon as possible seems apparent. However, some refugees, most notably in Italy, are

burning their fingertips, hoping that if forced to register, their record of entrance is destroyed and

DUBLIN REFORM POLICY MEMO DAMIAN, KILANI, SHANAK, WEST

therefore, when they move on to other EU nations with better protective networks, they cannot be forcibly

returned back for the processing of asylum under Dublin Regulation. 6

Despite the intent of EU policy like the Dublin Regulation, and EU institutions like the European Asylum

Support Office (EASO) to establish responsibility and procedure, little uniformity exists between Member

States. The lack of streamlined registration processes, the inability to prioritize vulnerable populations,

and the constraints of the Dublin Regulation (so that many countries refuse registering or processing

asylum of refugees) make it imperative for the EU to invest more into the resolution of these issues. 7

Why the European Union Must Act

It is critical for the standing, the reputation and the respect of the EU that these issues are resolved

expediently. The European Union is an important international actor with an influence on the rest of the

world in contributing to global stability. The confidence that Europeans have in the EU as a body, and its

leadership role could be greatly hindered. The legal, socio-political, epidemiological and humanitarian

ramifications cannot be ignored.

The countries of the European Union support the UN Refugee Convention of 1951, which provides a

refugee numerous rights, including the right to welfare services, freedom of movement (article 26) and

the right to work (articles 17, 18, 19). As such there is a stare decisis, for the issue at hand, and with it,

potential future ramifications if not upheld. Furthermore, denied these rights, refugees resort to coping

consequences at the expense of the states and their own welfare - in clear defiance of the UN Refugee

Convention.8

In addition to the legal issues at play, this crisis poses numerous threats that can be dramatically increased

by prolonged and inefficient registration processes. These include the following:

1. Threats to public health. In Lesbos, Greece, and other places, refugees are bathing in fountains

and sleeping (as well as taking care of personal needs) en masse in public locations, such as bus

stations, on sidewalks and roadsides. This poses epidemiological problems for Europeans as well

as the refugees, including but not limited to potential epidemics of polio, measles, tuberculosis,

hepatitis A and leishmaniasis among the refugees.9,10

2. Threats to public safety. This threat comes in two forms. The first is resultant crime including

theft, drugs, prostitution, human trafficking, which could potentially all rise in multiple areas

across Europe. The second is in the form of terrorism or ideological violence. En masse, the

Syrian refugees could harbor, knowingly or unknowingly, any number of violent actors from

numerous groups operating in Syria, e.g., ISIS, Jabhat Al-Nusra, etc.11,12

3. Threats to vulnerable populations. Women, children, the wounded and injured are all potential

prey to human trafficking, black market organ theft, and racial violence.11,13

4. Massive societal unrest. Refugees could easily become a scapegoat, target or excuse for the far

right to agitate against unemployment and with Islamophobia against the state governments of

Europe, as well as the EU itself. This is neatly provided in the presence of millions more

Muslims. The multiple citywide protests mobilized by the PEGIDA (an anti-Islamic political

movement) in Germany and the Golden Dawn in Greece are very pertinent examples of this.14,15

In addition to preventing the above issues, by addressing processing and identification, the EU

demonstrates its potency as an agency in handling massive crises in real time, solidifying its role as a

semi-governing body and cementing European and international confidence in the Union, particularly in a

time of adversity. People cannot be approved to work if they are not Furthermore, the humanitarian

interests of the Syrian refugees can only be advanced through a centrally mandated and organized

processing and identification system, upon which all other considerations are built. Finally, the safety and

DUBLIN REFORM POLICY MEMO DAMIAN, KILANI, SHANAK, WEST

wellbeing of the citizens of the EU would be encompassed in this process, saving them from potential

disease, political unrest and manipulation, crime and violence.

Options and Recommendations

No single solution will provide the silver bullet to solving the problem of refugees and asylum seekers

reaching the European Union. The European Union must of course apply comprehensive diplomatic

pressure to governments around the world to end the war in Syria and other enduring conflicts. It must

also continue to provide monetary and political support to neighbors like Turkey to minimize movement

of refugees in those countries. In the meantime, drastic reforms must be made to allow registration and

legal travel for refugees entering the EU.

The Dublin System of allocation of responsibility for asylum seekers does not work for either EU

Member States or for refugees. At present, refugees are legally stranded in the Member State in which

they first enter, creating a logistical nightmare for certain coastal areas receiving the largest influx of

refugees. If asylum-seekers cross borders to another country after being registered, they can be returned

to the country in which they first entered. The entire duration of the Dublin procedure, until a refugee is

transferred to the country of origin, is likely to take up to 11 months under normal circumstances with

possible use of detention. However, countries are unable to process the refugees and asylum-seekers

showing up at their borders daily, let alone returning people who crossed a border to seek work, family, or

humanitarian assistance.

The European Commission is committed to a comprehensive evaluation of the Dublin system in

2016. Until it is reformed, there are three primary options facing the European Union:

1. Maintain the status quo;

2. Suspend the Dublin Regulation for all refugees in all countries;

3. Amend Dublin specifically for people fleeing war in Syria, particularly those arriving in EU

border countries.

Maintaining the status quo until Member States have had a chance to thoroughly examine alternatives for

reform and implement a quota system would be the best solution in an ideal world. However, the EU is

already in crisis and tensions are rising, even leading to UNHCR staff evacuations at some registration

sites. Rather than abating, estimates suggest a significant rise in refugees and asylum seekers throughout

the end of this year. Doing nothing seems akin to putting one’s head in the sand and hoping the crisis will

go away.

A second option would be to suspend the Dublin regulation for all refugees, allowing people who register

and/or apply for asylum in one EU country to travel within the EU and have their application processed in

a country where they intend to take up residence. This enhanced freedom of movement would encourage

refugees to register. One downside of this approach is it could create a virtual “free-for-all” encouraging

even more refugees from countries the world over to risk their lives to reach the EU. And some Member

States opposed to the quota system may be outright defiant to this mandate. It could also create “asylum

shopping” where states with the best asylum practices get inundated, or multiple applications in

different EU member states at one time as refugees look for the quickest route to establishing legal

recognition.

A final approach is to invite the Commission to put forward a proposal for a legislative amendment to

Dublin, which addresses the Syrian refugee crisis in particular. This “Syrian Refugee Crisis” (SRC)

amendment would be limited to those fleeing the war in Syria, and a limited group of countries – namely

the border countries currently receiving the most Syrian refugees. This enhanced freedom of movement

would encourage the vast majority of Syrian refugees to register to begin with, enabling countries to

know who they are, settle them and ensure vulnerable populations receive services. This approach also is

DUBLIN REFORM POLICY MEMO DAMIAN, KILANI, SHANAK, WEST

the best option to 1) Diminish the burden on coastal member states; 2) Distribute burden more equally

among member states; and 3) Enable asylum seekers to more quickly exercise their rights and freedoms

as well as obtain refugee status determination. When the Dublin System is considered for a more

significant reform, this amendment could be modified or removed as relevant in the context of the broader

negotiation.

In addition to the Syrian Refugee Crisis amendment, the following recommendations should be

considered:

1) Increase the power, budget, and mandate of the Euro Asylum Support Office. This office was

established to enhance practical cooperation on asylum matters and help Member States fulfill

their European and international obligations under the 1951 Refugee Convention. It has failed to

live up to that mandate. The EU needs a strong centralized agency responsible for ensuring

member states quickly and uniformly register and assess asylum claims in order to remove the

massive backlog of 600,000 applicants16 and protect vulnerable refugees in all territories under

the EU. This would require the following changes:

o Effective immediately, move the headquarters from Malta to Greece so the office is in a

better geographic location to prioritize vulnerable populations.

o Triple the organization’s budget from E14M to E50M, freeing up resources immediately

o Use an RFP process to identify qualified NGOs that can add capacity to reception,

registration and screening refugees in each border country.

2) Appoint an EU Special Envoy for Refugee Registration and Asylum. This person, ideally a

former head of state or minister from a country at the epicenter of the crisis, would represent the

EU on all matters related to the Dublin SRC Amendment and revised registration procedures.

He/she would also develop a high-level working group to comprise key leaders in public and

private sectors from throughout the EU to develop recommendations in support of the reform

mandate.

3) Expedite the release of a Common European Asylum System (CEAS) to verify evidence and

identification between countries during the asylum process. Also support training Member States

on its use.

Time to Act The 1951 UN Refugee Convention places an obligation on European Union Member States to allow for

the illegal entry of persons if they are seeking asylum. To fulfill this commitment, uniform policies need

to be enacted and others reformed in the context of the Syrian refugee crisis. Member States can no longer

afford to act unilaterally given the transnational and migratory nature of these refugees. Inflexible

regulation protecting state sovereignty has turned an influx into a catastrophe as refugees move

undocumented and unprotected, affecting their lives and the lives of EU citizens. With the possible fall of

Aleppo and the coast in Syria, the view that this refugee crisis might fizzle would be a grievous oversight

affecting the lives and safety of millions of hundreds of millions of people. The intergovernmental nature

of the EU makes it the natural solution for correcting inefficiencies in identification and asylum

processing, which is necessary to address before future services and infrastructure can be developed.

DUBLIN REFORM POLICY MEMO DAMIAN, KILANI, SHANAK, WEST

1. “UNHCR - Arrivals by Sea in Greece Nearing 400,000, Implementation of Relocation and Increased Reception Capacity Still Urgently Needed.”

Accessed October 20, 2015. http://www.unhcr.org/560e5a156.html

2. “IDMC » Syria.” Accessed October 20, 2015. http://www.internal-displacement.org/middle-east-and-north-africa/syria/.

3.“Greece: Chaos, Insecurity in Registration Center - Oximity.” Accessed October 21, 2015. https://www.oximity.com/article/Greece-Chaos-Insecurity-

in-Registratio-1?utm_campaign=it&utm_source=it-1-autoTw&utm_medium=twitter-@OximityMigrants&utm_term=articleId-795491.

4. “ENHANCING THE COMMON EUROPEAN ASYLUM SYSTEM AND ALTERNATIVES TO DUBLIN - IPOL_STU(2015)519234_EN.pdf.”

Accessed October 21, 2015. http://www.europarl.europa.eu/RegData/etudes/STUD/2015/519234/IPOL_STU%282015%29519234_EN.pdf.

5. “701.html.” Accessed October 21, 2015. http://ecre.org/component/downloads/downloads/701.html.

6. “Dublin Regulation Leaves Asylum Seekers with Their Fingers Burnt | World News | The Guardian.” Accessed October 21, 2015.

http://www.theguardian.com/world/2011/oct/07/dublin-regulation-european-asylum-seekers

7. “EU Needs a Unified Response to the Refugee Crisis | Al Jazeera America.” Accessed October 21, 2015. http://america.aljazeera.com/opinions/2015/9/eu-needs-a-unified-response-to-the-refugee-crisis.html.

8. “UNHCR - Convention and Protocol Relating to the Status of Refugees.” Accessed October 19, 2015. http://unhcr.org/3b66c2aa10.html.

9. “Ccsbrief_lbn_en.pdf.” Accessed October 19, 2015. http://www.who.int/countryfocus/cooperation_strategy/ccsbrief_lbn_en.pdf.

10.“War and Infectious Diseases: Challenges of the Syrian Civil War.” Accessed October 19, 2015.

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC4231133/.

11. “Syrian Refugee Smugglers Arrested: Human Trafficking Charges In Netherlands Alleged After Hundreds Illegaly Taken To Holland, Police Say.”

Accessed October 20, 2015. http://www.ibtimes.com/syrian-refugee-smugglers-arrested-human-trafficking-charges-netherlands-alleged-after-

2103559.

12. “Isil Terrorists Could Infiltrate Europe by Hiding among Refugees, Warns Pope Francis - Telegraph.” Accessed October 20, 2015.

http://www.telegraph.co.uk/news/worldnews/europe/11863978/Europe-is-at-risk-from-incredibly-cruel-Isil-warns-Pope-Francis.html.

13 “Organ Trade Thrives Among Desperate Syrian Refugees in Lebanon - SPIEGEL ONLINE.” Accessed October 20, 2015.

http://www.spiegel.de/international/world/organ-trade-thrives-among-desperate-syrian-refugees-in-lebanon-a-933228.html.

14. “Deep Concern over Return of Anti Muslim Pegida Protests - SPIEGEL ONLINE.” Accessed October 19, 2015.

http://www.spiegel.de/international/germany/deep-concern-over-return-of-anti-muslim-pegida-protests-a-1057645.html. 15. “Golden Dawn: Five Things to Know about Greece’s ‘Neo-Nazi’ Party - What Is Driving Golden Dawn’s Popularity? - CSMonitor.com.” Accessed

October 19, 2015. http://www.csmonitor.com/World/Europe/2013/1003/Golden-Dawn-five-things-to-know-about-Greece-s-neo-Nazi-

party/What-is-driving-Golden-Dawn-s-popularity.

16. “Total Population in the European Union Is Expected to Increase of an Additional d1 Million during the First Quarter of the Twe - 4457b050-26f9-

4cf1-bf27-9ffb73ff8c7b.” Accessed October 20, 2015. http://ec.europa.eu/eurostat/documents/2995521/6887997/3-18062015-CP-EN.pdf/4457b050-26f9-4cf1-bf27-9ffb73ff8c7b.