The Great Balkan Asylum Seeker Debate Continues

The last few weeks have brought a flurry of attention to the visa-free regime of the Balkans. Will the EU shut the whole thing down because of so-called "fake" asylum seekers?

In a letter to the European Commission, Austria, Belgium, France, Germany, Luxembourg and the Netherlands claimed that a flood of asylum seekers from ex-Yugoslavia have been slowing down their systems with false asylum claims. The idea of reintroducing visas in the region to prevent such exploitation has now been raised several times, but this has been the most serious request.

Germany in particular has been harping on this point, faced as they are with a "surge" of asylum-seekers from Serbia and Macedonia. Interior Minister Hans Peter Friedrich has stated that the influx "must be stopped immediately" and has advised that asylum seekers recieve vouchers for products rather than funds as one measure to reduce the attractiveness of Germany as a destination.

While the media often points out that such false asylum claims represent a small portion of the populations of the sending countries (and that most have come from Roma) there seems to be no attempt to verify that all the claims are fake, or, "economic based."

If the influx is so heavy that it has clogged asylum systems, then how can governments have possibly managed to properly evaluate the claims to determine that they are not legitimate under the refugee convention? Considering the many human rights problems in the sending countries- the same human rights issues preventing them from joining the EU in the first place- isn't it possible that some of the claims are legit?

The EU countries on the receiving end of such claims seem to be in a catch-22 here. If they admit that the claims are legit, than they have to provide refuge (and funds) to asylum seekers, as well as anger the governments which are currently trying to project a human rights friendly image. If they send them back, because there are no legitimate human rights claims emerging from these countries, then what is the hold-up from letting them into the EU? In a particular bind are countries like France and Belgium, who don't have such an amazing track record of their own when it comes to minority rights. France's record on Roma, in particular, leaves much to be desired, even in comparison to Serbia and Macedonia.

A thin line is being walked by these states when it comes to the Balkans, and if the free visa regime is indeed revoked, its going to be more than just asylum seekers who are put off.

Read More:
How to Solve the Balkan Asylum Crises (Balkan Insight)
Germany and France Demand Reintroduction of Balkan Visas (EU Observer)
EU Ministers to Curb 'Fake' Asylum Seekers (EuroActiv)
Germany Seeks to Halt Influx of Balkan Asylum Seekers (Der Spiegel)

Serbia: MoU on birth registration of legally invisible Roma

Min. of Human and Minority Rights Milan Markovic

Between being weeks away from an election and locked into an EU accession process, Serbian politicians are in major suck-up mode, especially on transparency and human rights. However, there's no reason not to take today's news optimistically:

Office of the United Nations High Commissioner for Refugees, Ministry of Human and Minority Rights, Public Administration and Local Self-Government of the Republic of Serbia and the Ombudsman signed a Memorandum of Understanding establishing the basis for closer cooperation to address the issue of birth registration of Roma ethnic minority who are not registered in official records. -(google translate of UNHCR Serbia's release)

The deputy head of EU delegation to Serbia, Adriano Martins, was also in attendance. Serbia has been under major pressure to advance the human rights situation of the Roma, and pledged back in December to try to make citizenship more widely available at the UNHCR conference of ministers. So far, however, they have done exactly nothing to implement the 1961 Convention or improve their poorly organized birth registration laws. As it stands, persons are required to present an identity to card to register the birth of their child and therefore, children of legally invisible persons are rendered legally invisible themselves. Since I am working on this issue right now, I have some unofficial, opinionated recommendations for what they should attempt do with this MoU:

1.)With the help of UNHCR, establish a procedure for determining statelessness of parents in order to comply with Article 1 of the 1961 Convention (requiring that children born stateless are granted citizenship.)

2.) Allow all persons giving birth on the territory of Serbia- with or without documents- to register their children at birth, as required by the Convention on the Rights of the Child and the Universal Declaration of Human Rights. This should apply to all persons giving birth on the territory without any discrimination.

3.) Allow for late registration of persons who never made it into the birth registry books. Allow for a range of evidence to prove the fact of birth, including use of witnesses and/ or DNA tests.

4.) Make birth registration and late registration mandatory and free, and disseminate information about the benefits of the procedure through various means, such as radio ads.

These steps may be more difficult to implement after elections and the accompanying shuffle in characters, but it does seem as though the time is right for focusing on improvements to human rights standards. I think NGO's and stakeholders should use this momentum and the spotlight of the EU to mount additional pressure on the government to do something other than signing agreements and publicizing them.

Regardless, its great to see the Serbian government paying attention to this issue and ostensibly moving forward towards a solution.

"Nowhere People" Opening in Belgrade Highlights Statelessness

The Serbian Speaker of the House introducing the "Nowhere People" exhibit

Monday in Belgrade was the opening of "Nowhere People"- an exhibit of photographs by Greg Constantine whose beautiful and haunting photos of stateless persons have been featured on the blog before. The opening was hosted by the Speaker of the House, Ms. Dejanovic, and by UNHCR who both congratulated Serbia on taking major steps to reduce statelessness by signing the 1961 Convention as well as pledging to help the legally invisible with the law on non-contentious procedure (that would allow legally invisible persons to be registered.)

As could be expected the photographs were amazing, and well-curated with small explanations next to each in English and Serbian. However the proceedings were just a teensy bit odd in my opinion. After all, its exciting to sign a convention and draft a law, but it doesn't mean much if the convention isn't implemented and the law isn't even put up for a vote. The speeches made it seem as though reducing statelessness in Serbia is a done deal, when in fact the real work hasn't even begun.

Nevertheless, the exhibit was well-attended and certainly brought attention to the issue, as seen by the plethora of stories in the Serbian press on the subject. That's all good... but now let's see less talk and more action!

Photographs and attendees

B92: 30,000 People in Serbia have no personal ID

On Topic around the Web

Everybody learns in different ways (or at least that's how my Algebra teacher used to console me). So while some people seeking to understand non-citizen issues may be best served by a dry and factual NGO report, others may get the picture better from an evening news piece, a politician's rant, or a short story. Here are a few interesting pieces on non-citizens that may be worth a read or a look to round out your knowledge. 

McSweeney's has a fantastic series of articles by an anonymous "Bible-college educated evangelical" Christian who decided to try out her missionary skills on a group of Somalian refugees in Portland. The resulting tales are funny and often heartbreaking, drawing a comparison between people trying to adjust to a entirely new way of life, and those among us who feel like outsiders wherever they are.
Assimilate or Go Home: Dispatches from the Stateless Wanderers by DLM

Aleksander Hemon, author of several books about the immigrant experience including the bitter and beautiful novel "The Lazarus Project," has a piece out in Guernica Magazine this month about ethnic education in Bosnia and Herzegovina. This look at how the "ridiculous and demeaning" peace-process has played out in the classroom offers a cutting intro into a complex and fascinating subject.
National Subjects by Aleksander Hemon

Surprising Europe, a series from Al Jazeera, has some great pieces covering the experience of African Migrants in Europe. The episode below is especially salient, about undocumented migrants in Berlin and Amsterdam trying to live inside the paper maze.
Running out of Luck- Surprising Europe

And last but not least, below is a video by the Serbian NGO Praxis (whom I work with) regarding the situation of the legally invisible in Serbia.

Day 2 of the Conference Brings Major Results

Guterres to countries: "Nice work, y'all!"

Its still too soon to judge, but it would appear that the UNHCR conference in Geneva this week was a huge success in garnering increased protection of stateless persons and refugees. Its pretty shocking, actually, how many states were willing to pledge to change their citizenship laws, accede to the Statelessness or Refugee Conventions, or to make asylum procedures or court proceedings more fair. I'm guessing UNHCR staff are asking themselves right now, "Why didn't we do this years ago?"

Let's take a look at some of the big announcements coming out yesterday:

•  The following nations will accede to BOTH statelessness conventions (1954 and 1961) : the Gambia, Haiti, Moldova, Sierra Leone, South Africa, South Sudan, Tanzania, Ukraine, and Yemen. Remember, 1961 confers citizenship on children born stateless in the signatory nation, so this is truly very significant.
•  Serbia joined the 1961 Convention (HUGE) as did Zimbabwe, Columbia, Paraguay, Mozambique, Burundi, Guinea, and Belgium.
• Liberia and Senegal both pledged to amend their laws to allow citizenship to pass through the mother, as well as the father. (A huge strike against statelessness and legal invisibility in those nations.)
• The US made a whole range of pledges, totaling 28, including providing refugee minors with cultural education, working to eliminate the 1-year filing deadline on asylum applications, promote pro-bono legal assistance for undocumented migrant youth, and provide additional services to LBQT asylum seekers and survivors of gender-based violence.
• Australia, Brazil, and 6 other countries pledged to improve methods of identifying stateless population. (Wow, way to go all out there, Australia. Would have liked to see some pledges on the asylum-seeker debacle, but maybe next time)

All in all, over 60 countries made pledges, and as High Commish Guterres noted, the conference marked a "quantum leap" on the issue of statelessness. Despite the very hard work being done on the issue all over the world by smaller agencies and non-profits, today's results are of the sort that can only be accomplished with massive coordination and international pressure. A conference like this shows us that its not time to give up on international cooperation just yet.

Congratulations, UNHCR! The future is looking a lot brighter for stateless persons and refugees.

Landmark Stateless Conference in Geneva this Week

As mentioned a few weeks ago, the UNHCR is holding its major conference on forced displacement and statelessness this week in Geneva. Today is the second day of the conference, and of course we are all eagerly waiting to hear what is in store (and especially whether any states will be making announcements pertaining to Treaty signatures). However, a lot has already happened, so here is a quick recap for those of us not lucky enough to be in Geneva.

•  High Commish Antonio Guterres opened the event with a speech emphasizing re-commitment, especially in the face of increased fear and intolerance. "Populist politicians and irresponsible elements of the media exploit feelings of fear and insecurity to scapegoat foreigners, to try to force the adoption of restrictive policies, and to actively spread racist and xenophobic sentiments," he said, in a comment that was a little more political than one is used to hearing from UNHCR. He emphasized the principles of collective security and non-refoulement that underlie the refugee regime, and announced a new effort by the organization to concentrate more heavily on gender and sex-based violence.
• A theme of the conference was "pledges for refugees:" States were encouraged to make commitments to strengthen existing laws or create new ones designed to identity and protect stateless persons and refugees. Most of the attendees apparently pledged to help in one way or another. (See some on twitter, #pledges4refugees")
• Sarnata Reynolds was live-tweeting the events yesterday and her tweets are definitely worth a perusal. Among the revelations: Georgia is about to pass the 1951 Statelessness Convention (YES!), Korea will adopt legislation promoting rights of asylum-seekers, Papa New Guinea will lift reservations on conventions (among other things), and Krygistan will promote child registration to reduce statelessness. If even some of the pledges are kept, the conference will have been a huge success!
• Serbia mysteriously alluded to new changes to the citizenship laws that would "enable all persons in Serbia’s territory to acquire citizenship". I'm working on this issue right now, so I am very curious to what they are referring... Remarks available here.
• U.S. Secretary of State Hillary Clinton gave a speech focusing on gender and statelessness, highlighting the link between discriminatory citizenship laws and children born stateless. "Because of these discriminatory laws, women often can’t register their marriages, the births of their children, or deaths in their families. So these laws perpetuate generations of stateless people, who are often unable to work legally or travel freely..."  She then went on to pledge the US's support in encouraging universal birth registration. Oh man, if loving Hillary Clinton is wrong, I don't want to be right. (Full text of speech available here.)

The conference continues today! You can follow it live via satelite here at the UNHCR's livestream.

UNHCR Report: Trends for the first half of 2011

Serbian asylum seekers, via Serbian Herald

Today UNHCR released a report detailing asylum trends in 44 countries for the first half of 2011. It by no means offers a complete picture, given that it basically covers the Council of Europe plus a handful of other industrialized countries, but it is still packed with interesting findings. Among them:

• Asylum applications are up overall by 17%, with the large majority (73%) being filed in Europe, but the USA accounting for the one single country receiving the most applications.

• Asylum trends are not consistent over Europe, with applications down by 27% in the Nordic region (Danish immigration crackdown, anyone?) and asylum claims jumping by 57% in Southern Europe, especially in Turkey, Malta and Italy.

• Afghanistan leads asylum seeker sending states, followed by China, Serbia (incl. Kosovo), Iraq and Iran.

• The next 5 biggest sending states are Russia, Pakistan, Somalia, Eritrea and Nigeria

• The top 5 receiving countries; USA, France, Germany, Sweden and the UK, received 53% of all the applications.

There are plenty of interesting findings within the report, but to me there are two big take-aways. First, "Arab Spring" didn't have the tremendous overall impact that one would expect- none of those countries involved made it into the top 10 asylum-seeker sending states, at least not for industrialized countries. On the other hand, Southern Europe's big jump in applications are partially attributable to Tunisia and Libya, which adds verification to the region's reputation as Europe's gatekeeper, and perhaps explains the upswing in anti-migrant violence we saw in Italy earlier this year.

The second interesting fact is Serbia's continued presence in the top 5 asylum-sending countries. Keeping in mind that Serbia has just been given the go-ahead for EU Applicant status, possibly to be agreed upon as soon as December, one can only hope that this will increase scrutiny of Serbia's human rights situation. Especially when it comes to the Roma, whom for my money probably make up the majority of asylum seekers.

You can read the whole report here:  Asylum Levels and Trends in Industrialized Countries