Jagellonian University
University of Groningen
Master of Arts in Euroculture
What pictures say about immigrants?
Analyzing images used by Amnesty International Spain
By Iliana Martínez Hernández Mejía
Thesis written under the supervision of Dr. Margriet C. van der Waal and Dr. Marcin Galent.
CONTENTS
Introduction ………..4
1. Contextualizing the images: Migration in Europe………11
1.1 Introduction ……….. 11
1.2 Definitions ……….14
1.3 History ……….. 20
1.3.1 1945 – 1970 ………. 20
1.3.2 1970 – end of Cold War ……….. 21
1.3.3 After the Cold War ……….. 22
1.4 EU policies on migration and asylum ……….. 23
1.4.1 Previous Regulations ………... 24
1.4.2 Latest Developments ……….. 26
1.4.3 Asylum Policies ………. 29
1.4.4 Externalization of the EU and security and migration policies ……. 30
1.4.5 Human Rights implications ……… 32
2. Images & theory: Why are images important? ………. 35
2.1 The study of the image ………. 35
2.1.1 How do we approach the study of the image? Disciplines and concepts………...… 37
2.1.2 Why are images important? ……… 39
2.2 Can images be analyzed? Visual analysis………. 40
2.2.1 Cultural studies ……… 42
2.2.2 Semiology and Barthes ……….. 44
2.2.3 Other useful concepts for the analysis………. 46
2.3 Photography ………. 48
2.3.1 Picturing real life ………. 49
2.3.2 A natural partnership: NGOs and photojournalists ………. 51
2.3.3 Ethiopia’s famine pictures ……….. 52
2. 3.4 Images guidelines for NGOs in Europe ………. 54
3. Amnesty International Spain ……… 59
3.1 General introduction to the organization ……….. 59
3.1.1 Amnesty International and migration ………... 61
3.2 Why this case study? ……… 62
3.2.1 How were the images selected? ……… 64
3.3 Amnesty International and photography ………. 65
3.4 Visual analysis……….. 66
3.4.1 General information in the website ………. 67
3.4.2 Campaigns ……….. 78
3.4.3 Reports ……… 91
Conclusions………. 103
INTRODUCTION
I am sitting at my desk in order to write the introduction that will explain what I have developed and why I have invested a year of my life on this thesis. The following text is an attempt to explain what my research is about, where it came from, and why is it important. It was conceived during studies and conversations in Krakow and London, then took shape in an office in Groningen, and finally was written between Guadalajara (Mexico) and Madrid. It has come to an end on this sunny Sunday.
Before I start writing my introduction, as I do everyday, I read ‘El País’ – a Spanish newspaper – to find out the most recent news, which has been astonishing during the last couple of months (Arab spring, Fukushima, Wikileaks, etc). A distant piano enters through my window and I find two headlines that make me run to the closest newsstand and buy a hard copy of the Sunday edition. The last couple of weeks have made it clear that the topic I’ve been working on will not be very important in the near future because it is in fact already of crucial importance right now. But before explaining how some of the topics discussed in this thesis appear in the main articles of the Sunday newspaper I will introduce the research and explain why I decided to work on these issues.
The present research consists of three pillars that are fundamental fields of interest for me; thanks to the multidisciplinary approach of the Euroculture M.A. I have been able to combine these approaches. I will briefly explain each of them to understand how this thesis is structured. The first pillar is migration, the second visual studies and the third non-governmental organizations.
I have been exploring the topic of migration for the last nine years. Tackling the subject from the theoretical and practical dimensions, and from an academic and artistic approach. I have analyzed the aspects of emigration, immigration and transit migration from the perspectives of both the migrants and the societies receiving them. I had previously focused on the region of North and Central America, so I was interested in looking at other regions of the world to see what was happening with other migratory processes.
the “Fortress Europe: A prison house of representation?” seminar, I decided that I wanted to learn more about the theoretical aspects of the image, how it works and how can it be analyzed. Once I started learning about this new field I realized that it is indeed a very complex area of knowledge that required a big effort to understand at least the basic concepts and introductory theories.
The third element that completed my research was non-governmental organizations (NGOs). I had been in contact with several NGOs in Mexico working in the field of migration. I also had experience volunteering for one of them, participating in the area of cultural outreach. We developed photographic exhibitions with the intention of raising social awareness on human rights conditions of Central American migrants crossing through Mexico. That experience and my previous documentary projects led me to question how these projects were contributing to the construction of the representation of Central American migrants in Mexicans’ minds and what could be some possible consequences of those representations.
These three aspects – migration, NGOs and visual representations – allowed me to explore the migratory process that is taking place in Europe and to study how some NGOs are reacting towards this reality. Since I wanted to revise the visual aspects of these organizations I soon realized that there were some images that constantly repeated, so I thought it could be interesting to try to analyze some of these photographs depicting migrants. I was particularly interested in understanding why the images of migrants arriving by boats to Europe were frequently used by NGOs. I started to have a critical approach towards these representations.
After an extensive analysis of various NGOs – that will be further explained in this section – I decided to work on the images that Amnesty International (AI) Spain was using to depict migrants. The research question that I posed was: what notion of
immigration is Amnesty International Spain constructing through the photographs they use on their website and what are some possible consequences of these notions?
suddenly the difficult economic situation has magnified the changes that society has experienced. The presence of migrants suddenly became too evident and a subject of discussion. This is when Spaniards’ perceptions of migrants turn important. Having introduced the fields of study of my thesis I will return to the Sunday newspaper to give some examples that I consider can show the relevance of these research.
“About 20,000 Tunisians have challenged one of the greatest achievements of European integration: the abolition of border controls between member states established by the Schengen agreement in 1985.”1 This is how José Ignacio Torreblanca’s article, published two days ago in a newspaper, starts. Today I find a special report on Europe, also writen by Torreblanca titled: “Five reasons why Europe is cracking.”2 The author, who lives in Canary Islands is an expert on migration. Besides writing for the spanish newspaper, he has a blog on migration and topics related to Africa called “Ebony heroes.”3 I discover his blog at the beginning of my research and it has been a tremendous inspiration during the last year. I mention this because the Sunday article does not just focus on migration, but analyzes and interconnects the structural problems of the EU, and the issues of migration and xenophofia certainly lie beneath his reflections.
This article would be the perfect introduction for my thesis. I will quote just a few lines and briefly comment on particular points. Torreblanca explains that ten years ago the EU was an example for many regions in the world, the euro zone was consolidating, the enlargement was being implemented, the constitution was being debated and it was regarded as the next step of a promising process. Today most of the EU’s failures are blamed on the economic crisis, but Torreblanca argues that it is not Europe’s most important problem, reminding the reader that the region has survived several economic crises, so he calls the attention to other structural problems.
“The severity of the current European crisis has its origins in the convergence of four centrifugal forces: the rise of xenophobia; the euro crisis; the foreign policy deficit and the lack of leadership. The issues are parallel, but they crossover dangerously under the same common denominator: the absence of a long-term vision.”4
1 Torreblanca, José Ignacio, “El abismo xenófobo,” El País, May 13, 2011, pg 5. 2 Torreblanca, José Ignacio, “Five reasons why Europe is cracking,” May 15, 2011 at
http://www.elpais.com/articulo/internacional/Five/reasons/why/Europe/is/cracking/elpepuesp/2011051 5elpepuint_1/Tes.
I find an interesting echo, for the purpose of reinforcing the importance of my research, on the first point: the rise of xenophobia. The author exposes how the extreme right has been gaining political spaces in Europe one election after another, how the Roma population has been expelled without the EU doing much for them or how refugees are not being accepted so easily. He concludes that this aversion to foreigners is going to lead not only to a moral suicide, but to an economic one too, because Europe cannot continue with the present demographic trends.5
Though many citizens do not take the racist or xenophobic speeches of these politicians seriously, the reestablishment of the border controls in Denmark, because of the pressure of the extreme right party, it is an alarming sign. And they are not alone in this crusade; politicians like Sarkozy or Berlusconi are using anti-immigrant sentiment to mobilize voters on their behalf, no matter how much they may be undermining the free movement of people, one of the main achievements of the EU.6
At the moment of writing these words, the EU has not broadly discussed the possible reform of the Schengen Treaty, but it has accepted the Danish re-establishment of boarder controls. As Torreblanca argued, it is shocking to see how just 20,000 Tunisians could confront what was regarded as one of the main achievements of the Union. But above all, it is astonishing to see how little resistance the EU put up to these measures.
I just want to reiterate what the author says: these four structural problems are present because the institutions have not been able to think about the long-term scenario. Not only has the EU failed to see the big picture, but politicians are also betting on the short-term strategy. Populist and anti-immigrant measures are winning votes, but what are the consequences of returning to these simplistic discourses? Certainly Europe has a lot to say on this matter. I emphasize the lack of a ‘long-tem vision’ because it is one of the elements that is also present in my inquiries on the visual analysis of what could be some possible consequences of the depictions of migrants. It seems like, perhaps for different reasons, politicians and NGOs are failing to think on the long-term objectives.
The second article from the newspaper that jumps into my introduction is titled: “The scourge of Governments” by Lola Huete Machado.7 It is an article
reviewing Amnesty International’s trajectory and commemorating the organization’s 50th anniversary. As Huete introduces her article, “to speak about human rights is to speak about Amnesty International.”8 She confirms the importance of selecting AI as a case study. The article reminds us of the achievements of the organization, most notably being awarded with the Nobel Peace Prize in 1997. But they can also be proud of saying that they supported the causes of Andréi Sajarov, Adolfo Pérez Esquivel, Wole Soyinka, Aung San Suu Kyi, Rigoberta Menchú, Nelson Mandela, Orhan Pamuk, and Liu Xiaobo, among others, before being recognized with their Nobel Prizes, not to mention so many other important achievements. As the head of AI Spain says, Pinochet probably would not have been judged or the death penalty would still exist in Spain if it was not for AI’s work.9
When one compares Amnesty International to, let’s say the United Nations, which has existed for 66 years, it’s impressive to realize what they have achieved in these 50 years of work, particularly considering that it is an independently financed civil society effort. Recognizing their trajectory, it must be said that no institution is perfect and that having a critical approach towards NGOs’ work it is also important. With this perspective in mind I tried to develop my analysis.
I would like to add a third element, not from the newspaper but from my experience in Spain that also made me realize the importance of this research. I was invited to have a discussion with students at a secondary school in a small town near Madrid. I shared some short films about the topic of migration in Mexico with them and discussed the migratory reality of Spain. When asked “how do immigrants arrive to Spain?” the first answer was “by boat.” Not only with this answer, but also through our discussion I had the opportunity to see how these young students – some of them migrants, some others with foreigner parents – have strong visual stereotypes about migration. The images of African migrants arriving by boats, broadly used by media, were present all the time. It was difficult to make them think about other types of migrants or even to make Spanish students to see themselves as migrants. This group
7 Huete Machado, Lola, “El azote de los Gobiernos,” El País Semanal, May 15, 2011, pg. 65.
(Translated by Martínez).
of young students is an example of how images are constructing our notions of migration, as it will be discussed in the second chapter.
Finally, it is important to mention the structure of the thesis. In the first chapter the reader will find an overview of migration in Europe, the intention of this section is to provide some basic context so the reader will be able to place the photographs in the larger discourse on migration. Some definitions will be discussed as well as a brief history of migration in Europe. The chapter ends with an explanation of current EU policies related to the topic and some relevant discussions on these policies.
The second chapter will introduce the aspect of the image, trying to explain why the study of visual culture is important in our contemporary societies. After exploring the different theoretical aspects of the study of the images some theoretical tools from cultural studies and semiology will be introduced in order to understand the visual analysis of Amnesty International Spain photographs presented in the third chapter. A brief section on photojournalism will be developed as well as an interesting case of NGOs using images of famine to support their work. This example will lead to the review of some guidelines that NGOs are trying to implement for the use of images in Europe.
The third chapter will develop the visual analysis of Amnesty International Spain images. Eight images where selected from three different sections of their websites. How were these images selected? I started seekin images depicting immigrants in European NGOs. In most organizations I was running every time with images depicting black immigrants arriving by boat to the shores of Spain, Italy or Malta. I started to be curious about them and about the impact that these images could have. I was comparing them to the images of Central American migrants on the rooftop of the trains crossing Mexico, the Cuban ‘balseros’ travelling in the sea to the US, or the photographs of Mexican migrants jumping the fence in the Northern border of the country.
There were many photographs taken in Spain, in the Canary Islands, and in Lampedusa, Italy. Soon I ran into Amnesty International website and found the same kind of images. As it has been pointed out, selecting AI as a case study was not a difficult decision, neither it was focusing on Spain.
undergone a dramatic change in the last decade, from being an emigration country it became the EU country with the second largest population of foreigners. Interestingly enough Spaniards continue to emigrate, particularly with the present economic conditions. As I mentioned before, the present economic situation has made the presence of migrants more evident, sometimes being perceived as taking away jobs or opportunities from Spaniards. So the perceptions that society has about migrants are very important in these complicated periods because they affect the way society reacts towards them.
After one year and a half of living in three different countries, in a particularly difficult period from the economic point of view, I have had the chance to see the European migratory process through different perspectives. The migratory and social realities in Poland – also a border of the EU – and The Netherlands – having an anti-immigration politician elected – allowed me to see two totally different pictures of the big scenario. But it has definitely been the Spanish period that has allowed me to experience, learn and reflect on how Europe is deeply changing and to observe the challenges that these societies are facing. This was due to many reasons, from which I can mention the relatively recent migratory process that Spain experienced and the capacity to communicate in Spanish.
CONTEXTUALIZING THE IMAGES: MIGRATION IN EUROPE
Introduction
In order to better understand the images that will be analyzed in the third part of the thesis, one has to know the context of migration in Europe. The following chapter will briefly introduce some concepts on migration as well as the main migratory stages that Europe has gone through during the last decades. To understand the present stage of the migratory process it is fundamental to explore the role of the European Union in such policies, therefore some of the latest developments will be introduced.
General overview on migration
In their book The age of migration Castles and Miller argue that there are several good reasons for the ‘age’ to endure.10 Some even think that this century will be the century of migration.11 Others state that the largest movements of people already took place.12 Some others think that migration is a process inherent to human
beings and it will always be present.13 Whether one agrees with any of these positions
or not, the truth is that migration has come to represent one of the mayor issues in the global agenda.
According to the International Organization for Migrations (IOM) in 2008 there where 214 million immigrants around the world. If they would constitute a country, they would be the 5th largest country in the world.14 During the last decade migration has remained relatively stable in comparison with population growth. One should be cautious when looking at migration figures because different countries use different calculation systems. For example, when migrants become citizens they are not counted as foreigners anymore. Moreover, Castles point out that it is difficult to know exactly how many international immigrants exist, thus it is very difficult to calculate irregular immigration.15 But economic transactions can certainly give an indication of the real amount of migrants around the world. In economic terms remittances sent to developing countries have come to represent three times the
10 Castles, Stephen and Miller, Mark, The age of migration, (NY: Guilford, 2009), 5. 11 Castles, Stephen and Miller, Mark, La era de la migración, (México: Porrua, 2004), 15. 12 García Canclini, Nestor, La globalización imaginada, (México: Paidós, 2008), 77. 13 Op cit, Castles, Age, 2.
14 International Organization for Migrations, “Facts & figures,” accessed October 16, 2010.
http://www.iom.int/jahia/Jahia/about-migration/facts-and-figures/lang/en.
amount of official development aid.16 For some countries with large migrant populations, remittances represent the 1st or 2nd source of income.17
The causes for migration have been different along history. One can identify several reasons, like war, economic crisis, political conflicts, natural disasters, but currently migration has experienced a mayor influence because of the globalization process. Three factors related to this process are: international and internal inequalities; the visibility of these inequalities which have increased because of media; and globalization by means of transportation.18
These factors have boosted changes in society at a very fast pace. Regions, such as Europe, that did not perceive themselves as regions of immigration, have been attracting large numbers of people during the last decades, transforming their social reality. According to the last Eurobarometers, European citizens, when asked about the aspects to which the EU should pay attention to reinforce the union in the following years, always list immigration. In 2008 it was ranked second (29%) and in 2009 third (24%) as an important policy area.19 Migration now represents a priority for citizens and for governments as well.
The 27 member states of the European Union are home to 20 million of legal immigrants. This category refers to people from outside the EU, also defined as third-country nationals. They represent about 4% of the total EU population, which was 500 million in 2009.20 It is estimated that 11 million EU citizens live in a different EU country than their own.21 Regarding irregular immigration, a recent study from the
Clandestino project estimates that in 2008 there were 1.9 to 3.8 million irregular
residents in the EU-27.22 It is important to mention that this number is significantly
smaller than the ‘estimates’ that the press, governments and the Commission itself are
16 Op cit, International Organization for Migrations, “Facts & figures”.
17 Caracas, Alejandra, “Las remesas y su impacto en el desarrollo,” Remesas y Desarrollo, accessed
January 30, 2011, http://www.remesasydesarrollo.org/uploads/media/Remesasydesarrollo.pdf, 2.
18 Iglesias, Salvador and Becerra, Miguel, La inmigración el reto del siglo XXI, (Madrid: Dykinson,
2007), 24.
19 European Commission, Eurobarometer 70. 3. “The European Union today and tomorrow,” (June
2010), http://ec.europa.eu/public_opinion/archives/eb/eb70/eb70_en.htm, 43. (Bruxelles: TNS Opinion & Social; February 2010), 240.
20 Migration News, “EU: Stockholm, population, discrimination,” (UC Davies: January 2010),
accessed October 10, 2010, http://migration.ucdavis.edu/mn/more.php?id=3573_0_4_0.
21 Ibid.
22 Triandafyllidou, Anna. “Clandestino Project. Final Report”, (European Commission & Citizens and
using,23 ranging between 4.5 to 8 million.24 Asylum seekers represent a smaller number, with 200,000 a year.25
Thus the numbers are rather small, compared to other regions of immigration such as the United States, with 53 million of residents born in other countries,26 or Canada, with 17% of its population being foreign residents.27 Some academics argue that the changes in the EU should make authorities recognize that the region has now become a region of immigration.28 Recent changes in German or Spanish legislations towards citizenship indicate the recognition of this condition by some member states. Germany shifted its citizenship policy from a jus sanguinis, nationality being determined by the parents’ nationality, to a jus soli, nationality being determined by the place of birth.29
Moreover, the report “Project Europe 2030: Challenges and opportunities”, recognizes that:
The combination of ageing populations and a contracting domestic labour force is set to have drastic consequences for Europe. Left unchecked, it will translate into unsustainable pressure on pension, health and welfare systems, and into negative outcomes for economic growth and taxation. If Europe is serious about moving towards a knowledge society, efforts to enhance economic efficiency and upgrade the skills of the existing population must be complemented with active measures to address this demographic challenge. Not least, it must include a concerted effort to make the EU an attractive destination for immigrants. Without migration, the EU will not be able to meet future labour and skills shortages. It will also see a reduction in cultural diversity and experimentation, prerequisites for creativity and innovation.30
23 It is not unusual to find statements such as “The European Commission estimates that there are at
least 4.5 million illegal immigrants spread across the EU. Other sources suggest higher figures.” This is taken from a EU information booklet to inform citizens about migration policies in the EU. It does not have sources quoted. European Commission. “An opportunity and a challenge. Migration in the European Union,” (Luxemburg: Publications office of the European Union, 2009), 10.
24 The Clandestino project investigated where this EU ‘estimations’ came from, and they found they
were a combination of news reports, no serious research was behind it. Clandestino Project. Final Report, 7.
25 This number is for 2007. European Commission, “An opportunity,” 3. 26 Number for the year 2000. Castles, Era, 114.
27 Number for year 1996. Castles, Era,116.
28 Parkes, Roderick, “Migration management and international relations,” (paper presented at the
Seminar Migración desafios y posibilidades, Guadalajara, México, October 6 – 8, 2010), 1.
29 IOM, “Glossary on Migration,” (Geneva: International Organization for Migration, 2004), 36. 30 Reflection Group on the future of Europe in 2020 -2030, Project Europe 2030: Challenges and
Opportunities, by Reflection Group, accessed 11 May 2010,
As one can read, migration is a very complex and multi-dimensional theme. This quote perfectly summarizes the numerous challenges that migration represents for Europe from an economic and social perspective. As Caritas Europa points out, there must be a comprehensive approach to migration, not only tackling the economic challenges, but also having a human rights base approach.31 Designing a comprehensive migration policy is not only a matter of including economic or labor aspects, is also about considering integration and the social system, development and human rights. There is no doubt about the importance of migration for Europe’s future. The challenge is a difficult one, because the global tendency has been to focus on linking together migration and security. Until now, the EU has followed a very restrictive approach in its migration policy focusing on surveillance and control. This has come to be called ‘Fortress Europe’ by critics of this approach.
Definitions
Although migration is considered to be a major topic for European citizens, it is still a badly understood topic for them as it is common to find constant misunderstandings of the concepts and definitions. News reports often use indiscriminately the terms refugee and immigrant.32 The reason for this might be because most citizens do not have direct contact with migrants and because all member states have experienced different migratory processes. Some states have complex colonial histories which established flows of people from former colonies to the metropolis (such as the UK and France), others established guest worker programs (for example Germany and Belgium), some others used to have important programs to receive asylum seekers and refugees (Sweden), while some others had a policy of closed borders (new members).33 These diverse backgrounds are reflected in the way Europeans perceive and interpret migration.
31 Caritas Europa, “Contribution to the consultation on the future ‘EU 2020’ Strategy / For a
Value-Driven EU 2020,” (January 2010), accessed October 24, 2010, http://www.caritas-europa.org/code/EN/migr.asp?Page=776, 5.
32 See for example the following in which the inconsistent use of terminology is clear: whereas the
headline refers to “migrant interim centers,” the text itself states that “bewildered refugees, mostly from Africa, Afghanistan, Iraq and elsewhere in Asia”. Smith, Helena, “Greece ‘shamed’ by migrant interim centers,” The Guardian, October 25, 2010 (emphasis added).
http://www.guardian.co.uk/world/2010/oct/25/greece-immigration-detention-centres.
33 Lyons, Karen and Huelger, Nathalie, “European Union. Immigration and European Union,” in
Defining migration has not been only difficult for citizens, but one can see that academics and specialized organisms find it difficult to delineate the term. According to the IOM it has been very problematic to agree on a common typology for migration. The discussion on definitions of the term might constitute material to develop a complete thesis by itself. Depending on the approach, one finds various definitions ranging from a political point of view, or economical perspective to legal ones. Even finding an official definition from the United Nations seems difficult. In some of their recent reports they refer to the term without defining it, just assuming everyone holds the same notion of the concept. A possible explanation for this could be that there is no UN agency exclusively addressing migration. The UN has created an ‘inter-agency’ called Global Migration Group, which is represented by staff members of various agencies related to the topic in some way.34
Different international organizations use various definitions. For the purpose of this paper the definition of the United Nations High Commission for Refugees (UNHCR) of migration reinforced by the definition used by Caritas Europa will be used and explained at the end of this section, after having discussed other international organizations’ definitions.
A general definition by the IOM states “‘Migration’ is the movement of a person or group of persons from one geographical unit to another across an administrative or political border, with the intention of settling indefinitely or temporarily in a place other than their place of origin.”35 This definition is given from a geographic perspective. According to the IOM glossary migration is a “process of moving, either across an international border, or within a State.”36 In this notion,
internal migration is also considered. It continues: “it is a population movement, encompassing any kind of movement of people, whatever its length, composition and causes; it includes migration of refugees, displaced persons, uprooted people, and economic migrants.”37 Since this work will be discussing migrants that cross international borders, it should be made clear that this study will refer to international migration, leaving a side internal migration. From a human point of view one can define an emigrant as a person who leaves his/her country to establish him-/herself in
34 Global Migration Group, “What is the GMG?”, accessed October 15, 2010,
http://www.globalmigrationgroup.org/what_is_gmg.htm.
35 IOM Webpage “Migration typologies,”
http://www.iom.int/jahia/Jahia/about-migration/migration-management-foundations/terminology/migration-typologies/cache/offonce/.
another country. This person will be called an immigrant in the country of destiny. The term migrant is general, because it does not specify if the person is an emigrant or immigrant. When the migrant has not arrived yet to its country of destination it is said that they are in transit.38
The IOM glossary adds another element to the definition, which is common to find in other definitions too: “The term migrant is usually understood to cover all cases where the decision to migrate is taken freely by the individual concerned for reasons of ‘personal convenience’ and without intervention of an external compelling factor.”39 This notion of a ‘freely’ taken decision is a very controversial one, particularly among NGOs, because it implies that migrants make choices, even though these choices are sometimes extremely constrained.40 One could ask up to what point are they making a ‘free’ choice? If this choice to move was in fact voluntary and free, the movement would be defined as voluntary migration.
The IOM distinguishes between voluntary and forced migration, but some scholars start their definitions by distinguishing between forced and economic
migration.41 Forced migration refers to the movement of people “in which an element
of coercion exists, including threats to life and livelihood, whether arising from natural or man-made causes.”42 Three groups can be placed under this type: refugees, asylum seekers and internally displaced people. This last term refers to people that has been moved from their communities of origin because of an internal problem. Castles considers them as ‘potential’ migrants, arguing that people that are displaced because of a conflict are generally relocated to an informal settlement and this causes them to be constantly moving, until for some of them migration becomes an option.43
That is why this group falls outside of the perspective of migration at this moment. A second type of forced migrants are asylum seekers, who are defined as “persons seeking to be admitted into a country as refugees and awaiting decision on their application for refugee status under relevant international and national
38 Op cit, IOM Webpage, “Migration typologies”. 39 Op cit, IOM, “Glossary,” 40.
40 UNESCO, “Glossary of migration related terms,” Accessed October 12, 2010,
www.unesco.org/shs/migration/glossary.
instruments. In case of a negative decision, they must leave the country and may be expelled”.44
If the asylum is granted he/she becomes a refugee, a person who “owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinions, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.”45
Although this legal figures were created to protect particular groups of people facing serious threats to their lives, like people fleeing from war or escaping from an authoritarian regime, it is possible that large numbers of people in the world could fall into that category. Asylum was often granted because of political reasons. In many cases it was granted by Western countries to support people fleeing communist or authoritarian regimes. After the end of the Cold War asylum has been invoked for different reasons of persecution than those used before. There are cases of homosexual people asking for asylum under the argument of being persecuted in their home countries, or the case of a German family asking for asylum in the US because they were not allowed to home-school their children (German laws states that attending school is compulsory). So it is pertinent to ask: who should be entitled for asylum? What is the current purpose of asylum and refugee status? Are developed nations obliged and/or capable of receiving all people in need for help? As one can see the concepts of refugee and asylum seekers have become problematic, and should be discussed and perhaps updated.
In contrast to the notions of forced migration (asylum and refugee), some scholars use the terms labor or economic migrant, as well as migrant worker, to recognize one of the specific causes of migratory movement. It is not forced, but caused by an economic need. Such labor or economic migrants are defined as a person: “who moved across an international border for economic reasons.”46 There is a political intention for using such a broad definition, where all types of economic labourers – legal or illegal – can be included. By linking the notion of migrant with worker, activists groups and trade unions – who commonly use this definition – an attempt is made to move the discussion of migration from the security perspective to
44 Op cit, IOM, “Glossary,” 8. 45 IOM, “Glossary,” 53.
46 Kivisto, Peter and Faist, Thomas, Beyond a border. The causes and consequences of contemporary
the economic field. For the construction of the notion of migrants for society it is very different to refer to them as an ‘illegal alien’ than to talk about a ‘migrant worker.’ In the first case one could make the connotation of a person who is a foreign criminal, opposed to the second term, which could connote a person who moved to another place to work.
It is always complicated to make reality fit a definition. What is clear is that people cannot be classified under any of these categories easily, because they have often migrated for a combination of reasons. They might be economic migrants because they lost everything after a natural disaster, such as a hurricane. Is this person then just an economic migrant? Obviously not, and in this particular example we could use the notion of ‘environmental refugee’, but it is just an example of how complex and problematic it can be to categorize people.
It is also true that the categories of refugee and asylum seeker, which were created to protect people allowing them to arrive at “next safe countries”, do not fit with reality. EU member states are receiving and deporting people who are fleeing Iraq, Afghanistan or Somalia. Refugee conventions state that they should apply for asylum in the first safe country they arrive at. However, if they have crossed the borders of other ‘safe’ countries on their way to Europe and apply for asylum there, asylum is not granted. The extra effort it takes to reach Europe, however, should make it clear that such people have decided to go all the way to Europe because they perceive that region to offer greater economic opportunities. Even if they do not comply with all the asylum procedures, in a way, they are still refugees. How do European states deal with this?
The other element that complicates the typology of migration is the legal status. It is important to distinguish between legal and irregular migrants. Legal migrants are those citizens from third-countries that fulfil all the EU requirements to live in a member state.47 The term that the EU has been using to refer to migrants that do not fulfil all the legal conditions is illegal immigrant.
The legal terminology is probably one of the most important and delicate aspects of defining migration because the combination of one term or the other implies totally different sanctions. It could be the difference between paying an economic penalty and facing jail. This is why activists pay much attention to
terminology. Before, the terms undocumented migrant48 or non-documented were commonly used, making reference to a lack of proper documents, which could be solved by following the right administrative procedure. The term illegal migrant refers to migration as a crime, and implies that a severe sanction could be imposed on the one that ‘breaks the law.’
Based on the report developed by the International Council on Human Rights, this thesis will not use the concept illegal migrant:
Juridically and ethically an act can be legal or illegal, but a person cannot. Entering a country in an irregular fashion, or staying with an irregular status, is not typically a criminal activity but an infraction of administrative regulations; such acts are, at most, a misdemeanour rather than a crime. Use of the term ‘illegal’, moreover, is particularly unhelpful because it lends credence to the assumption that irregular migrants are always engaged in criminal activities.49
Currently, scholars and activists, as it has been pointed out by the Council of Europe, – even sometimes the EU itself – are shifting towards the used of the term
irregular migrant referring to:
Someone who, owing to illegal entry or the expiry of his or her visa, lacks legal status in a transit or host country. The term applies to migrants who infringe a country’s admission rules and any other person not authorized to remain in the host country.50
Even if the notion of illegality is still included, the shift points towards a political approach rather than a legal one. Nevertheless many activists are not satisfied with this term. Some activists insist on using the term ‘migrant worker’ to emphasize the economic perspective of migration. Other activists are lobbying for a definition that gives priority to human rights perspective, referring to migrants as ‘migrant persons’ or even changing the term migration to the term mobility. Between countries the nomenclature differs as well, including references to migrants as aliens, expatriates, clandestines, boat-people, migrant without papers, among others. It is also common to see the term ‘non-EU citizen’ or ‘non communitarian’ in a more general way of addressing all third-country citizens that do not hold nationality of any member state.
48 Op cit, Kivisto, 50–51.
49 International Council on Human Rights, “Irregular migration, migrant smuggling and human rights,”
(Switzerland: Imprimerie Gasser, 2010), 16.
There are many other terms that are important to understand the topic, but they will be explained as they are introduced along the work. For the purpose of this study the definition of the UNHCR of migration, deepen by Caritas Europa, has been chosen: a migrant is a person who lives outside his or her country of birth, independently of the length of stay outside of the country of origin.51 This broad definition includes refugees, migrant workers, and family members arriving for purposes of family reunification, as well as students.52 However, this thesis is mostly concerned with those migrants who face an irregular situation in the EU. Therefore, whenever referring to regular and irregular migrants it will be stated as such. After extensively discussing the terms, the historical context of migration in Europe will be introduced.
History
Europe has always been a region of migration, “where people have been moving across borders, but also ‘borders [moving] over people’.”53 For the earliest accounts one could look into ancient history when Greeks and Romans moved along the continent; these constant mobilizations were occasioned by empires, conquerors and wars, and later by the discoveries and trade exchanges that developed into a period of colonization and slavery. All of these imply large movements of people. The contemporary history of European migration can be explained through three phases that would help us to understand the current situation.
1945 – 1970s
After WWII, Europe was in need of a large population of workers so programs were implemented to bring from colonies or less developed countries host workers to reconstruct Western Europe. States were central actors in this process and they were in charge of managing the programs and the flows of immigrants. The workers’ stay was supposed to be temporary, after completing their contracts they would return to their countries of origin. There was no need to integrate them into society.54 The best
51 UNHCR, “The state of the world’s refugees,” (2006), accessed October 22, 2010,
http://www.unhcr.org/publ/PUBL/4444afc50.pdf, 12.
52 Caritas Europa, “External borders of the EU – access points or concentration of human tragedy?”
(Brussels, 2008) accessed October 22, 2010 http://www.caritas-europa.org/code/EN/migr.asp?Page=776, 3.
example is probably the German host worker program, which employed or encouraged the migration of about 14 million Turks to Germany.55
Besides these programs, the decolonization process also produced a flow of people from former colonies to Europe. These immigrants did not represent a big challenge to states, because they were somehow familiar with the national cultures, and at least spoke the same language. The case of France exemplifies this type of migration, receiving significant communities from Algeria, Morocco and Tunisia. Some of them came before independence, when they were still French citizens, but others came later through special migration agreements or illegally.56
It is also important to mention the flow of European migrants, represented by those workers coming from poorer countries to the more developed ones. The UK received large numbers of Irish, France contracted Spanish and Portuguese workers, while Italian, Greek and Finish workers were also moving to countries where jobs were available for them. And in the case of The Netherlands, for example, people moved away from war-stricken areas to overseas territories such as Canada, Australia and South Africa in hope of finding better economic possibilities. 57
1970s – the end of the Cold War
In 1973 the oil crisis caused a reconfiguration of the world economy. This was reflected in Europe by ending the workers’ programs and some states starting policies of ‘Zero Immigration’. However, some countries implemented family reunification measures and clear communities of different ethnicities could be identified in Europe.58 Diasporas and ethnic minorities started to consolidate during this period.
Some scholars argue that by the 1970s Europe became a region of immigration, but governments did not start recognizing this condition until the late 1990s.59
The second half of the 1980s was to be characterized by the arrival of new economic immigrants and asylum seekers from Asia, Africa and Latin America.60 Many of these people were leaving from countries considered part of the USSR area of influence. To understand these movements, one has to keep the Cold War in mind.
55 Alsher, Stefan, “La política migratoria alemana entre restricción y apertura parcial”, (paper presented
at the Seminar Migración desafios y posibilidades, Guadalajara, México, October 6 – 8, 2010).
56 Op cit, Castles, Era, 95. 57 Castles, Era,91. 58 Castles, Era,102. 59 Op cit, Alscher.
Western states had very liberal asylum laws as part of their foreign affairs policy, since receiving refugees was regarded as a matter of prestige.61 Countries such as
Sweden and the Netherlands received large numbers of asylum seekers during this period.
Up to this point migration did not represent a big challenge and states quite easily had control over it. The flows were managed unilaterally and borders were secure. In terms of social integration no mayor efforts were occasioned by different ethnic groups.62 The European Community was developing and the Schengen Agreement, which meant the free movement of people, was signed in 1985, including France, West Germany and the Benelux countries as signatories.63
After the Cold War
The fall of the Iron Curtain certainly brought important changes in the configuration not only of the region, but for the entire world. The apparent balance that the Cold War had established, fell apart with the decline of the USSR. States were allowed to fail, old conflicts reemerged and new divisions appeared. Conflicts caused people to move.64 In Europe, states were expecting a massive flow of immigrants from former communist states. Yet population movements which did take place from east to west, were not as large as some had feared. Many of these economic migrants went to Germany as part of new host worker programs.65
Countries from Eastern and Central Europe started to experience transit immigration flows. Before, the USSR had kept borders under control, but after its disintegration flows of people from Africa and Asia were crossing through this region. The conflict in the Balkan region also caused movements of people from Bosnia, Croatia and Kosovo. But after 1993, as economic conditions were changing, countries such as Poland, the Czech Republic and Hungary started attracting new immigrants, becoming themselves characterized by a triple condition of emigration, immigration and transit.66
61 Op cit, Parks, “Migration”. 62 Ibid.
63 European Migration Network, “Glossary – Schengen agreement and convention”, accessed 18
October, 2010 http://emn.sarenet.es/Glossary/viewTerm.do?startingWith=S&id=267.
South European states also started to experience similar transitions, becoming countries of a double condition, having population emigrating and immigrating. Spain, Italy, Greece and Portugal had many problems trying to manage international migrations, which led to large numbers of irregular immigrants. This has been a mayor concern for the EU, since 23 member states (excluding United Kingdom and Ireland by an opt-out; and Cyprus, Romania and Bulgaria) and 4 non-member states (Iceland, Switzerland, Norway and Lichtenstein) now belong to the Schengen Area, therefore Europe’s southern area is now the border for the whole region. By the beginning of the new millennium the flow of migrants entering Europe started increasing because of several reasons, the demand for new workers due to aging population, being one of the main explanations.67
It is stated that migration became an issue for European member states once they realized they no longer had control over it themselves. During 2005 and 2006 the discussion over controlling migration was triggered all over Europe when numerous boats with immigrants arrived at Mediterranean shores. The new arrivals added more tension to the integration challenges that some countries were already experiencing. The recent economic crisis also increased the emergence of racist and xenophobic incidents.68 Since the 1990s the votes gained by extreme right parties in last European and national elections should also be mentioned. No nation can deal with migration on its own; states are interdependent now and have to cooperate in order to find creative solutions.69
Acknowledging that the EU has taken a series of steps that could be regarded as a policy of ‘governing’ rather than ‘controlling’ migration, Saskia Sassen recognizes that the EU member states continue to “speak the language of control.”70 After the terrorist attacks in Europe (in Madrid on 3 November 2004 and London on 7 July 2005) it is undeniable that immigration is now being discussed as a security issue rather than an economic issue. Even if the United States strategy towards
67 Castles, Age, 110.
68 Muigai, Githu, “Working together: Strategies for protection from xenophobia, racism, intolerance
and bias-motivated violence,” Statement by United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance during the United Nations High Commissioner for Refugees Annual Consultations with Non- Governmental Organizations, (Geneva, 29 June - 1 July 2010), 2.
69 Op cit, Parks, “Migration”.
70 Sassen, Saskia, “Migration policy: from control to governance,” (Open Democracy, 2006), accessed
securitization and militarization of the border has proven to be expensive and a failure, the EU has given priority to the implementation of programs designed to control and secure the Union.71
EU policies on migration and asylum
Previous regulations
In the EU there are notions strongly related to (intra-European) migration, namely the four freedoms: free movement of people, capital, goods and services. The legal basis for the movement of people, including third-country nationals, can be found in the Treaty of Rome (1957), the Single European Act (1986) and the Treaty of the European Union (1993).72 France, Germany and the Benelux countries signed the Schengen Agreement in 1985, committing themselves to the removal of their borders by 1995. The treaty created, what is now called, the Schengen Area, and it achieved one of the fundamental liberties of the Union, namely the free movement of people. The support for deepening integration is reflected in the Treaty of Amsterdam (1999) when the Schengen Agreement was incorporated into EU law, creating the
Schengen acqui.73 This means that all new members of the EU agreed to remove their internal borders. Moreover, the Treaty of Amsterdam established the creation of an
area of Freedom, Justice and Security, transferring immigration affairs to the scope of
communitarian policies, the so-called first pillar of the European Community.74 To implement the new dispositions of the treaty the Tampere Ministerial Council (1999) established what would be the EU asylum and immigration program for the following years. The Tampere program (1999-2004) focused on three main areas: a comprehensive management of migration flows; a fair treatment of third-country nationals; and developing partnerships with countries of origin. In all three areas different programs were implemented: setting minimum standards for the
71 Ibid.
72 Chatzopoulos, John and Lambridis, Panos, “European Union migration policy in the making: The
thorny task of managing people’s expectations being in search of a better life in Europe,” accessed October 20, 2010.
http://www.ekem.gr/index.php?option=com_content&view=article&id=222:european-union- migration-policy-in-the-making-the-thorny-task-of-managing-peoples-expectations-being-in-search-of-a-chance-for-better-life-in-europe&catid=15:2008-05-12-11-28-15&Itemid=68.
73 Euroskop.cz, “The history of the Schengen cooperation”, accessed October 19, 2010.
http://www.euroskop.cz/8422/sekce/the-history-of-the-schengen-cooperation/.
74 Jimenez-Villarejo, Francisco, “El extranjero como sospechoso y víctima en el espacio judicial
provision of asylum and refuge status, family reunification, permits for highly qualified migrants, integration networks and handbooks, an action plan for illegal immigration, re-admission agreements and assistance for third-countries in migration control areas, to mention a few.75
The Hague program (2004-2010) replaced Tampere, and was designed to continue developing common policies. It is a multi-year plan designed to strengthen the area of freedom, security and justice setting ten priorities to achieve this:76
1. Strengthening fundamental rights and citizenship. Some of the actions are directed towards the combat on racism, xenophobia and discrimination. 2. Anti-terrorist measures.
3. Defining a balanced approach to migration. Fighting illegal immigration, trafficking and designing a plan for legal migration. It also means grater cooperation with third-countries in all fields, including readmission and return agreements.
4. Developing integrated management of the Union’s external borders. Establishing the FRONTEX Agency, actions towards a common visa policy and biometric identifiers.
5. Setting up a common asylum procedure. In order to avoid the practices of ‘asylum shopping.’77
6. Maximising the positive impact of immigration. Integration policies.
7. Striking the right balance between privacy and security while sharing
information.
8. Developing a strategic concept on tackling organised crime.
9. A genuine European area of justice. Cooperation in civil and criminal legal matters.
10. Sharing responsibility and solidarity. Having the right financial instruments to implement the program.
It is important to point out that placing migration and terrorism under the same discussion can be problematic. Most of the points in the program refer to security aspects, therefore migration is being approached from this logic too. In order to promote a multi-dimensional approach to these policies, a 2005 Council’s communication “Migration and development: some concrete orientations”78 and a Commission’s communication in 2008, entitled “Strengthening the Global approach
75 European Commission – Home Affairs, “Towards a common European Union immigration policy,”
accessed October 18, 2010, http://ec.europa.eu/home-affairs/policies/immigration/immigration_intro_en.htm.
76 Europa (European Commission), summaries of EU legislation, “The Hague program: 10 priorities
for the next five years,” accessed October 19, 2010.
http://europa.eu/legislation_summaries/human_rights/fundamental_rights_within_european_union/l160 02_en.htm.
77 Refers to asylum seekers choosing in which country they will apply for asylum in order to have more
benefits or applying in several EU countries.” accessed October 19, 2010. http://emn.sarenet.es/Glossary/viewTerm.do?startingWith=A&id=17.
to Migration” were implemented.79 Both urge for a comprehensive and global approach to migration, which intent to tackle the roots of the migration flows in developing countries. The intention is to create programs with a ‘preventive’ spirit to aid countries of origin to improve governance, human rights, citizenship rights, among other actions.80 It is certainly a very ambitious idea, some of the difficulties of this global approach will be discussed later.
Latest developments
A fundamental part of the EU legislation and where finally all the directives and measures find its main source are the EU Treaties. The most recent of them is the Lisbon Treaty. Chapter 5 of the European Union Treaty (modified by the Lisbon Treaty) is where the area of freedom, justice and security is legislated. Chapter 2, articles 77–80 and 72 correspond to the policies on border checks, asylum and immigration. Article 77 specifies actions that should be implemented to control borders and border transit; article 78 dictates common measures for asylum. Chapters 3, 4 and 5 are about judicial cooperation in civil and criminal matters and police cooperation.81
The EU goal on migration is addressed in article 79, paragraph 1:
The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat illegal immigration and trafficking in human beings.82
The pillar system has disappeared and now immigration has become one of the policy areas where member states have committed themselves to achieve policy harmonization. The treaty specifies four working areas in paragraph 2:
(a) the conditions of entry and residence, and standards on the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunification;
(b) the definition of the rights of third-country nationals residing legally in a Member State, including the conditions governing freedom of movement and of
79 European Commission, “Strengthening the Global Approach to Migration,” Europa, EU legislation
Summaries, (October 8, 2008) accessed October 20, 2010,
http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_ immigration/jl0008_en.htm.
80 Op cit, Lyons, 442.
residence in other Member States;
(c) illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation;
(d) combating trafficking in persons, in particular women and children.83
Other implications of the Treaty are that EU countries still have the exclusive right to decide on the number of third-country nationals that they will allow into their territories. It states that all other members have the obligation to support any nation “faced with a sudden influx of refugees.”84 A controversial issue was the discussion of the extent to which the EU would be able to determine integration measures. As stated in paragraph 4 integration policies remain in the hands of member states.85
There is no mention of the global approach to migration, or specific measures towards development or humanitarian aid, it only mentions that return agreements can be signed.
Analyzing the implications of the Lisbon Treaty for EU immigration law, Halibronner states, “in terms of quantity EU immigration legislation up to 2010…shows quite an impressive picture.”86 He refers to all directives that have been adopted in areas like family reunification, highly qualified workers, and trafficking, among others. Probably one of the most known examples of this is the Blue Card Directive,87 which facilitates the admission of highly qualified workers from third-countries. Students, researchers and academics have also benefited from similar directives. However, he also mentions that the record in quality “will be somewhat less impressive.”88 The author explains that some of these directives include vague formulations or unclear compromises due to the previous decision making process that demanded unanimity. Nevertheless he adds that the Commission recognizes that existing migration and asylum policies are just a first step towards harmonization. This is a frequent conclusion when scholars analyze the EU immigration policies: they have done a good job, but it is not enough.89
83 Lisbon Treaty, 61–62.
84 Brady, Hugo, “EU migration policy: an A to Z,” (London: Centre for European Reform, 2008), 19. 85 Op cit, Lisbon Treaty, Article 79, paragraph 4.
86 Hailbronner, Kay, “Implications of the EU Lisbon Treaty on EU immigration Law,” (paper presented
at the fourth workshop of the transatlantic exchange for academics in migration studies, San Diego, March 29 – 30, 2010), 4.
87 More information can be found in http://www.europeanunionbluecard.com. 88 Op cit, Hailbronner, 5.
The Stockholm Program (2010–2014), entitled “An open and secure Europe serving and protecting the citizen”, will try to implement the Treaty. Referring to migration and asylum the program continues on the same line as its predecessors, proposing to work on:
- policies for well-managed legal migration;
- strengthened measures against illegal immigration;
- increased focus and means to foster positive synergies between migration and - development;
- improved management and effective control of the European Union’s external borders;
- integration of migrants;
- completion of the Common European Asylum System; - comprehensive partnerships with third-countries.90
It is of key importance to mention that the program covers all fields in the area of justice, freedom and security, which means that migration continues to be discussed under this security logic. It is also important to recognize that there is an effort to include the global approach to migration, which envisions the importance of formulating comprehensive migration policies that consider political, social and economical fields; also considering collaboration with third-countries.91 Another relevant effort includes the measures on racism and discrimination such as the creation of integration handouts for policy makers, information campaigns for citizens valuing diversity, an integration fund, among others.92 Nevertheless some critics, like Tony Bunyan in his analysis of the Commission’s action plan to implement the Stockholm program, subtitled “A bit more freedom and justice and a lot more security”,93 points out that even when there are apparent efforts to reinforce civic and
democratic rights – at least written efforts – the strong security approach is still predominant.
90 Council of the European Union, Presidency, “The Stockholm program - An open and secure Europe
serving and protecting the citizen,” 14449/09 JAI 679, (November 25, 2009), 60 – 61. & European Commission, Directorate-General for Research, “EUR 23859 – Moving Europe: EU research on migration and policy needs,” (Luxembourg: Office for Official Publications of the European Communities: 2009), 13.
91 European Commission, “Global Approach to Migration,” (Brussels: Europa Press Release RAPID)
December 5, 2007, Memo 07/547,
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/07/549.
92 Lyons, 443 & European Commission Home Affairs, “A common framework for the integration of
third-country nationals,” accessed November 29, 2010, http://ec.europa.eu/home-affairs/policies/immigration/immigration_integration_en.htm.
93 Bunyan, Tony, “Commission action plan on the Stockholm program. A bit more freedom and justice
Asylum policies
Asylum is one of the first areas where countries have been able to harmonize policies; measures have been regulated by specific programs. Through the “Pact on immigration and asylum” in 200894 the EU works on further harmonizing asylum practices. Outcomes of these processes are Dublin I and II regulations, which determine that asylum seekers have to apply for asylum in the EU member state through which they first enter the Union.95 This is a concrete measure to avoid ‘asylum-shopping’ and to have just one member state filing the application; some countries have more flexible rules than others and by means of a single policy an attempt was made to harmonize and standardize the rules within the Union. But in the practice differences in the asylum rules are still present among states.
Human rights organizations denounce this policy, arguing that many immigrants enter the Union at Greece, which is then the country in which asylum has to be requested. However, they are subject to unfair procedures and illegal deportations in this country.96 The percentage of asylum granted by Greece to all
applications is 1%, so it almost becomes impossible for refugees to obtain asylum from that country, even if they qualify for it.97 Many of the applicants are citizens of Iraq, Afghanistan, Somalia, or other countries, which are facing war or other serious internal conflicts. Asylum figures have dramatically dropped in most member states because of the hardening of application conditions, or in the words of the Commission “the historical low levels of asylum applications.”98 Though some states, like Finland
or Austria, have higher percentages of asylum granting, with these changes many legitimate refugees are now having trouble to obtain protection.
94 Op cit, EC, “Policy plan on asylum”.
95 European Council, Council Regulation, “Dublin II”, Europa Summaries of EU legislation, accessed
24 October, 2010,
http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_ immigration/l33153_en.htm.
96 Migreurope, “Europe’s murderous borders,” accessed September 15, 2010,
http://www.migreurop.org/article1574.html?lang=en, 28.
97 Migreurope, “Europe’s,” 5.
98 European Commission, Communication, “Policy plan on asylum and integrated approach to
