Approach to  Migration in Europe and V4 Countries
Session 1
Anna Láníčková

Intro - Videos
•Amnesty international: When you don´t exist
•https://www.youtube.com/watch?v=_OUpsWCvE38
•Czech Detention Center – worse than a prison?
•https://www.youtube.com/watch?v=JNamlcoWw_I

Introduction
- International Law, EU law, National Law


Terms and definitions
•Non-refoulement
•No State shall expel or return (refouler) a refugee in any manner whatsoever to the frontiers of
territories where his life or freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political opinion.
•International protection: Asylum, Subsidiary protection
•Internally Displaced Person
•Stateless person – not considered to be a national by any state
•Returnee

•Sovereignty of the State
•Right to check the regularity of entry (visa, permits – EU: lists of countries)
•Prohibition to expell its own citizens, obligation to accept its own citizens, not foreigners
•The state can set up the conditions for admitting the foreigners
•BUT international obligations (IP), EU law
•No obligation to let a foreigner to enter – but! Non-refoulement!
•Obligation to let him ask for IP (but Dublin regulation in EU)
•Right to asylum – right to fair proceedings







ED



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Number of international protection claims in 2016  (EU,Norway and Switzerland)



Year 2016  in numbers – EU+
•The biggest number of registered asylum seekers come from Syria (26% of all the claims)
Afghanistan, Iraq, Pakistan and Nigerie
•Reception countries: Germany, Italy, France, Greece and Austria
•Almost one third of asylum seekers is under 18
•More than 65 000 are unaccompanied minors (37 % Afghani)
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IP claims - COI



International protection claims -2017 in EU (+ Norway, Switzerland, Liechtenstein and Iceland)



International protection in the Czech Republic
 - claims


IP claims – nationalities 2016



History:
•After the IWW. Almost 1 mil Russians outside of their country, citizenship revoked– Nansen
passport (16 coutnries, incl. Czechoslovakia, then 52 countries).1933 broadened – Armenian, Turkish
refugees
•S. Rachmaninoff,M. Chagall, V. Nabokov, I. Stravinsky
•Czechoslovkia accepted 25000 of Russian refugees, health care, funding for students, employment,
food, housing
•Diverse conventions – Germany 1938, Austria 1939, ressetlement to Palestine
•Unification  - 1951 Refugee Convention (+1967)
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Legal Instruments - International Protection
Interactive map: https://is.muni.cz/do/law/kat/kupp/hrim/index.html
•International Law
•Refugee Convention 1951
•EU law – Common European Asylum System (+ Returns, Frontex)
•EU Directives →→→ National law
•Asylum Procedures Directive
•Reception Conditions Directive
•Qualification Directive
•EU Regulations
•Dublin Regulation
•EURODAC Regulation
•
European Court of Human Rights
+
Court of Justice of the European Union

Convention relating to the Status of Refugees (1951)
•Originally just for the incidents before 1951 (+ Protocol 1967)
•Outside of the country of his nationality
•Well-founded fear
•Persecution
•Race, religion,nationality, membership of a particular social group, political opinion
•Unable/unwilling to avail himself the protection (State actors, non-state actors)

Refugees´rights
•Non-refoulement
•No State shall expel or return refouler a refugee in any manner whatsoever to the frontiers of
territories where his life or freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political opinion.
•Refugee convention deals with the rights – access to employment, housing, public education, social
security, freedom of movement, travel documents – usually in regars to the rights of citien – same
level, lesser level
•Czech law – permanent residency, language course, employment, health care
•The proceedings finished? Status granted (asylum, subsidiary protection) or expulsion
•

No protection to:
•The provisions of this Convention shall not apply to any person with respect to whom there are
serious reasons for considering that:
•(a) He has committed a crime against peace, a war crime, or a crime against humanity, as defined
in the international instruments drawn up to make provision in respect of such crimes;
•(b) He has committed a serious non-political crime outside the country of refuge prior to his
admission to that country as a refugee;
•(c) He has been guilty of acts contrary to the purposes and principles of the United Nations.

Subsidiary protection
– protection for those who do not qualify as refugees
•third country national or stateless who would face a real risk of suffering serious harm if s/he
return to the country of origin.Serious harm is defined as the risk of:
•"(a) death penalty or execution; or
•(b) torture or inhuman or degrading treatment or punishment of an applicant in the country of
origin; or
•(c) serious and individual threat to a civilian's life or person by reasons of indiscriminate
violence in situations of international or internal armed conflict."
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Thank you for your attention!
•Anna Láníčková
•anna.lanickova@seznam.cz