21 Refugees: Regional Protection Programmes
| (a)
(25725)
10102/04
COM(04) 410
(b)
(26816)
11989/05
COM(05) 388
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Commission Communication on the managed entry in the EU of persons in need of international protection and the enhancement of the protection capacity of the regions of origin — "Improving access to durable solutions"
Commission Communication on regional protection programmes
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| Legal base | (Both) —
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| Document originated | (b) 1 September 2005
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| Deposited in Parliament | (b) 8 September 2005
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| Department | Home Office |
| Basis of consideration | (b) EM of 5 October 2005
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| Previous Committee Report | (a) HC 42-xxiv (2003-2004), para 4 (23 June 2004)
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| To be discussed in Council | (b) October 2005
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| Committee's assessment | Politically important
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| Committee's decision | (Both) Cleared
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Document (a)
21.1 In June 2003 the Thessaloniki European Council invited the
Commission to:
"explore all parameters in order to ensure more orderly
and managed entry in the EU of persons in need of international
protection and to examine ways and means to enhance the protection
capacity of regions of origin with a view to presenting to the
Council [in] June 2004, a comprehensive report suggesting measures
to be taken, including legal implications."[61]
21.2 In June 2004, the previous Committee considered document
(a), which sets out the Commission's response to the invitation
from the European Council quoted above.[62]
The Communication noted that 85% of all refugees were living in
countries in their regions of origin. The majority of applications
for asylum in the EU did not meet the criteria for international
protection. For example, in 2002, only 17% of applications for
asylum in the EU were granted. In the Commission's view, reform
of the international protection system was needed to make it more
accessible, better managed and more equitable.
21.3 The Commission suggested three options for "durable
solutions" to the needs of people who seek asylum: voluntary
return to their countries of origin; integration into third countries
in the region of origin; or resettlement elsewhere, such as the
territories of the Member States. The Commission saw a role for
the EU in all three options. The Community could contribute to
voluntary returns by action to help remedy the conditions which
cause people to seek refuge from their countries of origin. It
could make agreements with third countries in the regions from
which refugees originate to help them cope with the demands made
on them by people seeking protection. And there could be an EU-wide
Resettlement Scheme.
21.4 The Commission proposed the development of
EU Regional Protection Programmes. The Programmes would be specific
to particular regions and tailored to their circumstances. They
would require negotiation with and the agreement of the third
countries in the region concerned. The Programmes would offer
a way to assist countries in the regions of origin to become genuine
countries of first asylum rather than merely countries of transit.
Certain standards would have to be achieved before a country
could be said to provide effective asylum. The Commission noted
that there was a long way to go before most of the current host
countries in regions of origin could fully meet those standards.
It suggests a list of indicators for use in assessing a country's
protection capacity.
21.5 Each EU Regional Protection Programme would
select from a 'tool box' of measures, such as:
- action to strengthen protection
capacity (for example, improving the capacity to process, receive,
protect and integrate asylum-seekers in the host countries in
the regions of origin);
- implementation of an effective Registration Scheme
for people seeking protection;
- assistance to improve the local infrastructure
(ensuring that the refugee communities do not put too much strain
on, for example, local water and sewerage systems and that regional
protection offers benefits to, rather than problems for, the host
communities);
- assistance with integration into the host community;
and
- access to an EU-wide Resettlement Scheme.
Which measures were included in any particular Programme
would be affected by the particular circumstances, needs and wishes
of the countries in the region. The UNHCR would play a central
role in both the development and implementation of EU Regional
Protection Programmes.
21.6 The Commission envisaged drawing up a pilot
Regional Protection Programme by July 2005 and a fully-fledged
EU Regional Protection Programme by December 2005.
21.7 Resettlement in the EU might be one element
of a Regional Protection Programme. In the Commission's view,
voluntary returns and local integration were likely to offer durable
solutions for more people than resettlement. Nonetheless, the
Commission considered that resettlement could play an important,
if limited, part in the EU's asylum policy. The Commission proposed
the eventual establishment of an EU-wide Resettlement Scheme.
The Scheme would be complementary to and without prejudice to
Member States' obligations to determine asylum applications made
to them.
21.8 The Government told the previous Committee that
it welcomed the Communication and broadly supported the Commission's
proposals.
21.9 The previous Committee regarded the Communication
as a constructive contribution to the development of the EU's
thinking on asylum policy. It noted that more information was
required about how the proposals would work in practice. It asked
the Government to keep it informed of the discussions of the proposals
and decided, meanwhile, kept document (a) under scrutiny.
21.10 In December 2004, the then Parliamentary Under-Secretary
of State at the Home Office (Caroline Flint) sent the previous
Committee the conclusions reached by the Justice and Home Affairs
Council when it considered document (a) on 2-3 November 2004.
The Council had welcomed the Communication and invited the Commission
to present, by July 2005, one or more pilot Regional Protection
Programmes and a proposal for an EU resettlement scheme.
Document (b)
21.11 Document (b) contains the Commission's response
to the invitation of the Justice and Home Affairs Council. The
Commission proposes that Regional Protection Programmes (RPPs)
should include:
- projects to improve the general
protection situation in the host country;
- projects to establish effective procedures for
the determination of the status of refugees;
- projects to benefit the local community in the
host country;
- projects to improve reception conditions for
refugees;
- training for those dealing with migrants and
refugees; and
- with the specific consent of the Member States
concerned, provision for resettlement of refugees in those Member
States.
21.12 The Commission proposes to pilot RPPs in two
regions:
- The Western Newly Independent
States (Ukraine, Moldova and Belarus); and
- Tanzania, which is host to large numbers of
refugees from Burundi and the Democratic Republic of the Congo.
The EU's financial contribution to the RPPs would
be met from the existing Aeneas and TACIS programmes.[63]
21.13 There would be independent evaluations of both
RPPs in 2007.
21.14 After the evaluation of the pilot RPPs, the
Commission will consider presenting a proposal "for a more
structured approach to resettlement activities."[64]
The Government's view of document (b)
21.15 The Minister of State for Immigration, Citizenship
and Nationality at the Home Office (Mr Tony McNulty) tells us
that the Government welcomes the proposals in document (b). It
regards RPPs as an important means to improve the protection capacity
of third countries in or near regions of protracted refugee situations.
It also believes that it is right for the EU to take a greater
part in helping to manage migration internationally.
21.16 The Minister says that the Government would
still like the pilot RPPs to be launched in December 2005 and
will encourage the Commision to present the Council by the end
of November with further details about the implementation of the
pilot programmes.
Conclusion
21.17 Document (a) has been overtaken by document
(b) and we are content, therefore, to clear the former from scrutiny.
21.18 We see value in testing the proposals for
Regional Protection Programmes through the pilot programmes and
we welcome the further proposal for independent evaluations of
them in 2007. We are, therefore, also content to clear document
(b).
61 Conclusion 26, Thessaloniki European Council, 19/20
June 2003. Back
62
See headnote. Back
63
The Aeneas programme provides financial and technical support
to third countries to support their efforts to improve the management
of migration flows and the return of migrants to, and their resettlement
in, their countries of origin. The TACIS programme provides support
to the countries of the former Soviet Union and Mongolia. Back
64
Paragraph 8 of the Communication. Back
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