Contribution by christian organizations to the consultation on the future of home affairs policies: An open and safe Europe - what next?

Caritas Europa 
4, Rue de Pascale, B-1040 Brussels
CCME - Churches' Commission for Migrants in Europe
174, Rue Joseph II, B-1000 Bruxelles
COMECE - Commission of the Bishops' Conferences of the European Community (Secretariat)
19, Square De Meeus, B-1050 Bruxelles
Eurodiaconia
166, Rue Joseph II, B-1000 Bruxelles
ICMC – International Catholic Migration Commission
50, Rue Washington, B-1050 Bruxelles JRS-Europe
Jesuit Refugee Service Europe
333/2, Rue du Progrès, B-1030 Brussels
QCEA - Quaker Council for European Affairs
50, Square Ambiorix, B-1000 Bruxelles

Our organisations represent Churches throughout Europe - Anglican, Orthodox, Protestant and Roman Catholic - as well as Christian agencies and church-related services providers working with and for migrants, refugees and people seeking asylum. As Christian organisations we are deeply committed to the inviolable dignity of the human person created in the image of God, to the freedom of every human being, as well as to the common good, global solidarity and the promotion of societies that welcome strangers.

In 2014, the EU will have the opportunity and face the challenge of designing the future layout of policies in the area of Freedom, Security and Justice, including asylum and migration policies, in the successor of the Stockholm Programme. In this process, the EU will set the agenda for an area of central importance both for the inner cohesion of the EU and good-neighbourly international relations, in both the short and long term. We very much welcome the opportunity to contribute our views and experiences to the consultation on future orientations in this programmatic area.

In today’s Europe, migration is a hotly debated subject, touching as it does on both the migration and protection of third country nationals and the intra-EU migration of European Union citizens. Debate is often fed by a negative discourse, and migrants and beneficiaries of international protection are often marginalised and socially excluded. In a context of economic crisis, xenophobia, racism and negative migration discourse, migrants and refugees have often felt a negative impact upon their lives in Europe. EU home affairs policies could and should play a central role in overcoming this negative reality by granting security, protecting the human rights and promoting a real and accurate public perception of the migration phenomenon.

The governing principle must be that all policies and actions acknowledge and respect the inalienable dignity of every human being. Consequently, the human rights of all human beings, irrespective of their nationality or citizenship and immigration status must be respected so as to permit the full enjoyment of these rights.

In our view, a return to the balanced approach of the Tampere summit conclusions could be a useful guiding principle for asylum and migration policies in the following years.

FAIR TREATMENT OF THIRD COUNTRY NATIONALS

Family life: key to refugee protection, migration procedures and integration

As Christian organisations we attach highest importance to the right to family life. Family life is of utmost importance for the wellbeing of refugees and migrants, and a central precondition for their successful integration. The right to family reunification is laid down in the Family Reunification Directive. The Court of Justice has underlined in its jurisprudence that the aim of the directive is to enable family life and that it must be interpreted and applied in this light. We hope that the planned interpretative guidelines of the European Commission will underline this fundamental objective of the directive and lead to better application at the national level during the coming period.

As an evaluation of the directive by the European Commission has shown, a number of Member States use and interpret the directive in too restrictive a manner. We would encourage the European Commission to hold Member States accountable for such unjustified restrictions, which often impact dramatically on migrants' lives. While less severe measures are preferable, the Commission should not shy away from launching infringement procedures against Member States not correctly applying the directive.

Anti-discrimination policies: an integral part of asylum and migration policy

In recent years, migrants, people seeking asylum, refugees and ethnic minorities in EU Member States have become increasingly likely to be victims of racist or xenophobic sentiments or abuse, in some cases expressed through acts of physical violence. It is therefore of paramount importance that these groups are adequately protected against all such racism and discrimination. Full implementation of the two Equality Directives of 2000 and of the Framework Decision on racism and xenophobia is therefore necessary, and should be carefully monitored by the Commission. Failure to implement the directives must not remain unchallenged and should result in punitive action by the European Commission.

Preventing and addressing destitution: the right to benefit from basic services is a human right regardless of residence status

Destitution is a reality increasingly affecting people seeking asylum in the EU, as well as other migrants both from within and outside the EU. A lack of permanent status often prohibits people seeking asylum and other third country nationals from taking up employment, thus forcing them into destitution. Citizens from EU countries who move to other Member States often experience difficulties in finding work providing a sufficient living income. These groups are also affected by various forms of exclusion such as from support services, social security and other financial allocations. In some cases, poor public employment services and lack of accessible information about rights contribute to many falling through the welfare system. The Commission should ensure that public relief services at least cover the basic needs of migrants, particularly for the most vulnerable among these so that they can have a dignified life.

For the rest of the report click on the PDF below. 

Christian org Future Migration-Asylum as of 20 01 2014.pdf (207.1 KB)