Asylum is a very divisive topic in the current political climate we find ourselves in. Right-wing populist parties find a strong base in the public's distrust and contempt for 'illegal' immigrants. These right-wing groups miss a large part of this, not that they care, that a majority of these 'illegal' immigrants are not illegal but rather irregular, awaiting asylum appeals. The issue with this is that people have lost empathy towards those seeking asylum, and the spirit of asylum seems to have been lost.
To highlight the issue on a far-from-home basis, so as not to provoke those living in the UK. I will explore pushbacks in the Aegean Sea. Much of my inspiration for this post comes from....
What is a Pushback?
To begin to understand what is being done over the Aegean, we must first look at what a pushback is and what a pushback may look like.
'Various measures taken by states which result in migrants, including applicants for international protection, being summarily forced back to the country from where they attempted to cross or have crossed an international border without access to international protection or asylum procedures or denied of any individual assessment on their protection needs which may lead to a violation of the principle of non-refoulement.' (SOURCE:https://home-affairs.ec.europa.eu/networks/european-migration-network-emn/emn-asylum-and-migration-glossary/glossary/push-back_en)
The definition from the European Commission, although not a legal definition, indicates that the term 'push back/pushback' encompasses a range of human rights violations. The violations are as follows: (Art - Article)
Charter of Fundamental Rights of the European Union:
Art 18 - guarantees the right to asylum
Art 19 - Prohibits collective expulsions
ECHR:
Art 3 - Prohibits extradition or expulsion if there is a risk of degrading, inhumane, or torture when arriving back in the country they left. (also explored under the prohibition of non-refoulement in the Geneva Refugee Convention and Protocol)
Art 2 - Right to life
Art 5 - Right to liberty and security
Art 8 - Respect for private and family life
Art 13 - Right to an effective remedy
TFEU:
Art 78 - Requires the EU to have a common policy for asylum seekers and temporary protection. Ensuring compliance with the principle of non-refoulement.
With this non-legal definition supported by the idea that to complete a pushback would be a breaking of international regulation and law, we can move on to the specifics of the pushback in Greece.
Aegean examples:
The European Court of Human Rights, as of January this year, has officially recognised that illegal migrant pushbacks have been taking place in Greece. There were two cases published from a total of 47 where applicants filed against Greece for Human rights violations.
Case of A.R.E. and G.R.J.:
Background to cases -
A.R.E.
- Turkish National
- Female
In the case of A.R.E., the judges were able to recognise the Human rights violations and viewed her pushback as a form of enforced disappearance, as well as not having a substantial remedy within the Greek courts. The case has, however, remained scrutinised by scholars for the unrealistic precedent set by the ECHR for migrant information and proof of pushback.
This is shown in the case of G.R.J.
- Male
-Afghan unaccompanied minor
The case demonstrates the level of burden of proof placed on the refugees to prove their own human rights violations. A pushback often involves authorities taking an individual's belongings, and therefore, the photograph that G.R.J. had of his arrival was not accessible immediately to him, and the court still ruled that it was insubstantial evidence. After a witness was later questioned in England, stating they were unsure it was him, some years later. I'm not sure about you, but remembering a face whilst being interviewed years later by authorities is a daunting ordeal and one in which I would most certainly reply, 'unsure', to avoid repercussions.
Overall, the amount of information required and the burden of proof being placed on the individual refugee is far too great an expectation.
Conclusion:
The Pushbacks in the Aegean are fundamental human rights violations. The action of the Greek border authority to use means of pushbacks, which often involve the use of European-funded rescue equipment, makes the entire ordeal even more contemptible.
A reconfiguration of the precedent for evidence is needed to create a better power balance, which already greatly favours the country. This would allow for a better form of justice which allows the protection of minorities and those in less powerful positions, something which is not only applicable to pushbacks.
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