Open
Letter from International Lawyers to EU States, the European Union and European
Publics on the Refugee Crisis in Europe
http://opiniojuris.org/2015/09/24/open-letter-from-international-lawyers-to-eu-states-the-european-union-and-european-publics-on-the-refugee-crisis-in-europe/
by
Başak Çalı , September 24th, 2015
[Dr. Başak Çalı is
Director for the Center of Global Public Law and Associate Professor of
International Law at Koç University, Turkey. She the secretary general of the
European Society of International Law. The following is written in her personal
capacity.]
It
is a rare event for international lawyers to overwhelmingly agree on the
content, scope and interpretation of international law. This open letter (.pdf) from 674
international lawyers and practitioners from across the globe, including
leading experts in international refugee law, concerning international law
obligations to those seeking refuge is one example of this. The letter emerged
from a session on ‘Refugee Crisis and Europe’ that took place at the 11th Annual Conference of the European
Society of International Law in Oslo on 12th September 2015. It
was open for signature for just two days, from 21st September until midnight on
22nd September 2015. The letter has been sent to EU leaders ahead of their informal meeting on migration. Due
to overwhelming demands from international lawyers and EU’s ongoing discussion
of the issue, the letter has been re-opened for signature until
28 September 2015 Midnight CET.
The
text of 22 September states:
We, the
undersigned international lawyers, gathered at the European Society of
International Law 11th Annual Meeting in Oslo on 12th September 2015, and other
international law scholars and experts, condemn the failure to offer protection
to people seeking refuge in Europe, and the lack of respect for the human
rights of those seeking refuge.
In particular,
we express our horror at the human rights violations being perpetrated against
those seeking refuge, in particular the acts of violence, unjustified coercion
and arbitrary detention.
We note that
European states have obligations not only to refugees and migrants on their
territories, but that international refugee law rests on international
responsibility sharing. The world’s refugees are disproportionately outside
Europe. We note that over nine-tenths of Syrian refugees are in five countries,
Turkey, Lebanon, Jordan, Egypt and Iraq. We note that around one quarter of
Lebanon’s population comprises refugees.
We note that
all European states have obligations not only to refugees as defined under the
1951 Convention on the Status of Refugees, but also to those protected against
return under international human rights law and customary international law. We
note that this broad duty of non-refoulement protects all those at real risk of
serious human rights violations if returned. They should be afforded
international protection. EU Member States have further obligations under EU
law.
We urge
European states and the EU to alleviate the humanitarian crisis, prevent
further loss of life in dangerous journeys to Europe by providing safe passage,
and live up to their obligations in international and EU law.
We recall the
legacy of Fridtjof Nansen, the first League of Nations High Commissioner for
Refugees, and the initiator of the Nansen passport, created to facilitate the
safe passage and legal migration opportunities for refugees and stateless persons.
We urge
European states and the EU to:
– meet their
obligations of international responsibility-sharing, to resettle significant
numbers of refugees and provide aid to countries hosting large numbers of
refugees.
– as regards
those seeking protection in Europe, abandon those policies which prevent safe
and legal access to protection. The UNHCR estimates over 2,860 people have died
at sea trying to get to Europe this year alone. Suspending carrier sanctions
and issuing humanitarian visas would largely prevent the need for those seeking
refuge to make dangerous journeys.
– respect and
protect the human rights of those seeking refuge once they are in Europe,
including by enabling them to access asylum procedures or ensuring safe passage
to countries where they wish to seek international protection.
– immediately
suspend Dublin returns of asylum-seekers to their first point of entry, but
ensure that its rules on family reunification are implemented fully and
swiftly.
– relocate
asylum-seekers and refugees in a manner that respects the dignity and agency of
those relocated, and increases Europe’s capacity to offer protection.
– replace the
Dublin System with one which accords with international human rights law and
respects the dignity and autonomy of asylum-seekers, and supports international
and intra-European responsibility-sharing.
– implement
fair and swift procedures to recognize all those in need of international
protection.
– while claims
are being examined, afford those in need of international protection, at a
minimum, the reception conditions to which they are entitled in international
human rights and EU law.
– respect the
right to family life, including positive obligations with regard to family
unity, facilitation of swift family reunification and family tracing.
– treat all
refugees, asylum-seekers and migrants with dignity and respect, respecting and
protecting their human rights, irrespective of status.
For
the current list of signatures, please see this page.
