Presentation by Michael Diedring (Secretary General of the European Council on Refugees and Exiles) on the occasion of the conference on Immigration – a source of wealth and duties for Europe organised by the EESC, the Council of Europe and the French Economic, Social and Environmental Council in Brussels on 15 March 2013.

1. Respect for Immigrants’ Fundamental Rights: a Duty
15 March 2013
Panel Contribution – Michael Diedring, ECRE Secretary General
Ladies and Gentlemen, Members of the Council of Europe, the French Economic, Social and
Environmental Council Conference and the European Economic and Social Committee,
It is my great pleasure to join you today on behalf of the European Council on Refugees and
Exiles, a pan-European Alliance of refugee-assisting non-governmental organizations. Today, I
wish to focus on a particularly vulnerable group of migrants, forced from their countries by
persecution and/or armed conflict - refugees. Compared to other migrant groups, refugees are
often those most in need of specific support to enable successful integration, because of the
forced nature of their migration. Yet, due to the mixed nature of arrivals to Europe, often
identification of protection needs and access to asylum procedures is problematic in practice
and the specific needs of refugees are not always taken into consideration in State migration
policies.
Europe, in developing a Common European Asylum System has taken unprecedented action in
aiming to achieve harmonization of asylum policy and law across 27 sovereign States. It is more
than 13 years since the Tampere Summit when Member States set out this goal of achieving a
common system in stating “The European Council reaffirms the importance the Union and
Member States attach to absolute respect of the right to seek asylum…and offers…guarantees to
those who seek protection in or access to the European Union.” However, the reality is in stark
comparison to these objectives set out in Tampere in 1999. Instead, the focus is on border and
migration control as opposed to protection and respect for the fundamental rights of asylum
seekers. This can be seen from the budgetary allocations for EASO and Frontex in 2012, whereby
the budget for Frontex is almost 90 Million Euros, whilst EASO has a budget of little over 10
Million Euros.
• By way of example, recent research published by ECRE in collaboration with Forum
Refugie-Cosi on State practice surrounding the application of the Dublin II Regulation in
Europe clearly shows that it is being implemented in a manner not compliant with

2. respect for fundamental rights such as family unity, access to an effective remedy and
most importantly, non-refoulement.
Courts, both at the national and regional level, have been forced to step in and defend the
human rights of those asylum seekers within the Dublin system but Courts can only assist the
minority of refugees who have access to legal aid a fundamental tenet of the principal of judicial
protection. Member States need to make respect for fundamental rights the central component
to their national asylum policy and practice.
Another area that requires further improvement is the focus on successful integration of
refugees into their host societies. Whilst it is widely acknowledged that the integration of
refugees is to the benefit of all (host communities and refugees alike), the distinct climate of
xenophobia and racism in Europe has a negative impact on the integration prospects of
refugees. More needs to be done at the national and local level to tackle this xenophobia.
Respect of the fundamental rights of refugees is a fundamental component for establishing
successful integration. Refugees, taking into account their special needs, must be able to benefit
from all their rights and entitlements under the 1951 Refugee Convention as well as under EU
human rights law.
Over time the European legal framework has also changed in a manner, which can help to
ensure that States respect the fundamental rights of refugees. For example, the fact that the
European Charter of Fundamental Rights, post the Lisbon Treaty is now a binding and
enforceable instrument whenever States implement EU law should greatly enhance the
protection of refugee’s fundamental rights in Europe. The impact of the Charter on the judiciary
at the EU level is also already visible, as noted in the Commission report on the application of the
Charter in 2011, in that, the number of CJEU (Court of Justice of the European Union) decisions
quoting the Charter in its reasoning rose by more than 50% in 2011 as compared to 2010.
However, more steps are required at the national level to enhance the contribution the Charter
of Fundamental Rights can make in defending the rights of asylum seekers and refugees.
• In this regard, ECRE has recently initiated a project entitled FRAME – Promoting the EU
Charter of Fundamental Rights within the legal networks active in the field of asylum and
migration in Europe. The objective of this project is to promote the principles of the
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3. Charter amongst national legal practitioners across Europe in collaboration with ELENA –
our European Legal Network on Asylum via training, guidance notes and the exchange of
information and experiences by lawyers across Europe.
This is just one example of the role of civil society in working towards making respect for
fundamental rights a reality in Europe. Monitoring of the execution of the leading judgments
from the European Court of Human Rights and Court of Justice of the European Union at the
national level is also of relevance in making sure that human rights rulings result in real changes
for the better for refugees and asylum seekers. ECRE and other NGOs can contribute to this. For
example we recently submitted a statement with the International Commission of Jurists to the
Council of Europe Committee of Ministers on the execution by the Greek authorities of the
Grand Chamber ruling of M.S.S. v Belgium & Greece.
NGOs can also play an important role in being ‘the eyes and ears’ at the national level
monitoring implementation of EU legislation and ensuring that States uphold their obligations to
respect the rights of refugees and migrants. As we enter the next phase of the Common
European Asylum System ECRE looks forward to working with you all in making certain that
States respect those obligations.
European governments have the power to make harmonisation work in a positive way, which
reflects the right to asylum as guaranteed under the Charter of Fundamental Rights. In order to
move towards a real common area of protection, the values of solidarity, responsibility sharing
and integration must be at the core of European policies. Important developments such as the
EU’s accession to the European Convention on Human Rights will also contribute to meeting that
goal. In considering the title of this conference ‘Immigration – a source of wealth and duties for
Europe’ we must bear in mind the important contribution migrants and refugees make to their
host societies. Respect for fundamental rights is not only a duty but a moral obligation if we are
to live up to a Europe founded on the “indivisible, universal values of human dignity, freedom,
equality and solidarity”.1
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Preamble to the Charter of Fundamental Rights
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