...because according to UNHCR Director of International Protection Volker Türk some MS are simply failing to offer protection to refugees, particularly referring to the treatment by EU MS of persons fleeing situations of widespread and/or generalised violence. Due to MS adopting extremely restrictive interpretations to the already “convoluted language” of the Qualification Directive, such persons are in most cases being denied protection. Specifically, these persons are fleeing from the atrocious situations in Somalia, Afghanistan and Iraq...amounting to around 20% of asylum-seekers in the EU in 2010.
In the face of a Qualification Directive that is far from an ideal starting or reference point, EASO’s primary function of supporting the implementation of CEAS could go many ways...it could fall victim to an awkwardly-framed qualification provision, it could attempt to adopt interpretative guidelines that would face the limitation mentioned in an earlier post regarding the MS exclusivity on international protection considerations or it could seek innovative ways of broadening the text’s scope and applicability.
More importantly, it is imperative that EASO realises that the denial of international protection to Afghans, Somalis and Iraqis on the basis of an uncomfortable linguistic compromise remains a glaring vacuum in the EU’s protection regime.
The full text of the UNHCR’s comments is available here (site).