European Parliament calls for measures to protect rights of asylum seekers

The European Parliament (EP) on Tuesday called for stricter minimum standards in the member states of the European Union (EU) for granting or refusing refugee status.

Members of the EP (MEPs) adopted over 100 amendments to a European Commission draft directive with the aim of anchoring refugees' rights more firmly, the official Website of the EP said.

The final vote was tight with 305 in favor, 302 against and 33 abstentions.

The main point at issue between the EP and the EU Council is the concept of "super safe countries," by which EU states would be allowed to draw up a list of third countries which are deemed definitely safe so they can deny refugee status to all applicants from these countries.

MEPs rejected this provision, saying it is unfair to citizens of those countries as it does not require an individual assessment and goes against the Geneva Convention, which says governments may not turn refugees away without hearing their case.

Another proposal disliked by MEPs was the idea of allowing each member state to create a national list of "safe third countries" to which it can send back a refugee if his/her country of origin is on the list and is willing to take the individual back.

MEPs amended this proposal to give applicants the right to "rebut the presumption of safety."

Any assessment of how serious the risk of living in the country of origin is and whether a person deserves refugee status should always be conducted on an individual basis, rather than on a general presumption concerning the country in question, said MEPs.

In addition, there should be only one common EU list of "safe third countries," which could be revised by the EP and the council if necessary, they said.

MEPs also stated that member states shall not hold asylum seekers in a closed reception center. "Alternatives to detention and non-custodial measures must always be considered before."

Detentions should only be carried "if it is necessary, lawful and justified," in facilities clearly separated from prisons. The amendment which limited these detentions to a maximum period of six months was rejected by 333 votes in favor, 337 against and 3 abstentions.

MEPs said the rights of potential refugees must be fully respected at all stages of the application procedure. They must have the right to appeal if refused, and must always be allowed to stay in the member state until the appeal procedure ends.

Applicants should also be entitled to request a personal interview with the authorities, to be legally represented and to receive full information about the procedure in a language they understand.

Cases of "inadmissible applications" can be evaluated by a member state only in accordance with the Geneva Convention. When dealing with refugees, the rights of children under 18 -- even if married -- must always take priority.

At this stage, the EP's amendments are not binding on the council. However, once this legislation is adopted, the EP will have co-decision powers with the council on refugee and asylum measures.

Source: Xinhua