WELCOME INITIATIVE
*This report is referring to the period from 30 March to 3 April 2020, and some information could be outdated.
The Coronavirus pandemic is still in full swing and is affecting the everyday life of all of us, most of all those who are not in a position to stay “home” because they don’t have one. On Monday, the Ministry of Interior announced a decision to suspend measures against foreigners on short-term stays as per the Foreigners Act. However, the question is, what about the existence of the most vulnerable groups caught up in the current situation - people whose claims for international protection have been denied and who have been ordered to leave Croatia, people who have resided in Croatia based on work quotas or residence and work permits and have found themselves now in an irregular status and out of work. These people do not have the opportunity to leave Croatia, but they also do not have a guaranteed roof over their heads, health care or secured existence. The Portuguese government’s decision to guarantee civil rights during the pandemic to asylum seekers and migrants is certainly a model that the other Member States, including Croatia, should aspire to.
The current pandemic is not the time to leave human destinies to individuals who can and want to help, instead, the government needs to provide protection and support to those in need.
The measures in place in most EU Member States, as a consequence of the coronavirus crisis, affect common (not always ideal and desirable) practices. Thus, in some EU Member States, the measure of migrant detention has been abolished - because its purpose, the removal of irregularly resident third-country nationals, is impossible. Spain will, therefore, by Monday 6th April, empty all detention centres in the country and relocate all irregular migrants to facilities intended as alternatives to detention. In Croatia, it’s still unknown what the situation is in detention facilities (Ježevo, Trilj, Tovarnik) - as the appropriate authorities don’t provide information nor answer queries. We advocate and urge Croatia to act in the same way as the other Member States and to find an alternative to detention. This is an opportunity to reflect on the implementation of measures as alternatives to detention in the Republic of Croatia, which the Centre for Peace Studies wrote in 2017.
In the past month, the Croatian media have been reporting on plans to move unaccompanied children from Greece to Croatia. The appropriate authorities didn’t provide much information on further plans, but this was the topic of the week for the LIBE Committee at the European Parliament. At the meeting, Ylva Johansson (minutes: 12:04), discussed the plans pointing out that about 1,600 children will be moved to Luxembourg, Germany, France, Finland, Croatia, Portugal and Lithuania. The move will begin this or next week with Luxembourg. Some plans will be delayed due to the lack of flights and the introduction of measures to address the COVID-19 crisis. As for Croatia, the delay would be due to the reception centre intended for unaccompanied children being damaged by the earthquake. As we didn’t notice news reports of such damage in the media, we will certainly investigate the object in question. Regardless, we believe that with other adequate facilities, as well as the possibility of foster care, the relocation of children should not wait.
The Special Representative of the Secretary-General for Migration and Refugees of the Council of Europe and the EU Fundamental Rights Agency (FRA) published an announcement regarding main guarantees of fundamental rights applicable at the external borders of the EU Member States and the Council of Europe. The purpose of the announcement is to support the EU Member States and the Council of Europe in their duties of safeguarding measures, including combating the spread of COVID-19 and addressing issues of public order, public health or national security. While protecting external borders and preserving public order and public health, States also have an obligation to protect fundamental human rights. Some of the issues the announcement focuses on are: what duties do the Member States have when protecting their external borders, what legal repercussions should be applied in the event of excessive use of force at the borders, what rules apply when people cross borders illegally, can access to asylum be suspended, how to respect the principle of no pushbacks, what can be done to help the most vulnerable, especially unaccompanied children? You may read the full announcement here.
Refusing protection, non-solidarity and failing to participate responsibly in providing a secure refuge is not only cruel but also contrary to the EU law - the European Court of Justice confirmed yesterday in a ruling that Poland, Hungary and the Czech Republic violated EU law by refusing to receive refugees from Italy and Greece during the 2015 refugee crisis. Despite the decision of the Ministers of the Internal Affairs, these countries refused to accept responsibility for human lives and have violated the principles of solidarity and the rule of the law.
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