Obi Chigozie Ogochukwu

THE CHALLENGE OF THE REFUGEE CRISIS – PANACEA OR PANDEMONIUM FOR EUROPE? Today, Europe faces a great challenge of this generation as never before. Since the beginning of 2014, the recent influx of migrants into Europe from Africa, the Middle East, and South Asia has presented European leaders with their greatest challenge yet. An average of 800,000 or more people has arrived at the European borders through irregular channels, fleeing the violence and conflict in their homeland or in search of a better life abroad. According to the UN High Commissioner for Refugees (UNHCR), over 590,000 people have arrived by sea so far in 2015, more than half the number reaching Europe this way in the whole of 2014. Almost 630,000 new asylum claims were made last year to European Union (EU) countries compared with just over 430,000 in 20131. This issue raises grave questions about security, citizenship rights and social integration that will have a lasting impact on the economic and social life of the European member states. The EU government faces huge policy and practical challenges in determining and addressing the immediate and longer term needs of refugees and other migrants. This is because the EU governments must ensure the protection of all migrants irrespective of their migration status and also ensure that they are treated in accordance with International law, especially with regards the right to seek asylum. This necessitates the need for the EU governments to put in place a coherent, long term and comprehensive strategy that maximizes the benefits of migration and minimizes its human and economic costs. Refugees are defined and protected under International law. The 1951 Refugee Convention and its 1967 Protocol as well as the 1969 Organization of African Unity (OAU) Refugee convention remain the cornerstone of modern refugee protection. Protection of these refugees includes safety from being returned to the dangers they have fled, access to asylum procedures that are fair and efficient, and measures to ensure that their basic human rights are respected to allow them live in dignity and safety. Denial of asylum to these refugees at this stage has potential deadly circumstances as it becomes dangerous for them to return to their home country. The United Nations High Commissioner for Refugees working closely with state governments supports them in implementing the responsibility of helping integrate refugees into the society. The Refugee crisis highlights several main challenges for the EU and member states. The crisis calls into question the idea of a borderless Europe based on the 1995 Schengen agreement signed into by EU member states. This agreement abolished the EU’s internal borders, enabling passport free movement across most of the area. The call, to counter, perceived security threats by ensuring tighter border controls has intensified in light of the recent terrorist attacks in Paris and Brussels. This could however slow economic recovery, dampen trade and undermine a key precept of European unity which is the free movement of people and trade across European borders. Another challenge faced by European governments in the refugee crisis is that posed by the large scale of people migrating, the multiplicity in profiles and country of origin and the dynamic nature of the routes of entry into European states. This volume and speed of influx has simply overwhelmed and put enormous strain on the asylum structures. Some countries have reached breaking point in their ability to manage the unplanned inflow and also meet the EU standard for receiving and processing applicants. This has posed a big issue as identifying those in need of international protection and those who are not is a multifaceted one with regards to existing international, regional and national legal and policy framework. There is also a substantial financial cost to countries receiving large scale influxes of refugees and others granting international protection in terms of integration support like housing, welfare, education and health services. Dealing appropriately and humanely with a large number of people arriving through irregular channels is resource intensive and this is not a cost that all E.U. Countries are willing to bear as many governments are concerned about the strain on welfare services, perceived competition over jobs and the possible negative impact on social cohesion. Personal data processing which is a requirement to manage migration and combat cross border crime is another challenge as this may prove to be a serious intrusion into the rights of migrants and refugees who are a vulnerable group in need of protection. Several safeguards for protection of fundamental rights should therefore be instituted in the interests of clarity and transparency as privacy and data protection are fundamental rights in the EU2. These rights of an individual to be left alone and in control of information about his or herself are also enshrined in the Universal Declaration of Human Rights3. To this effect, the European Data Protection Supervisor (EDPS) has recommended that the division of responsibilities between the European Border and Coast Guard Agency and the EU member states be clearly defined so that there is no diffusion of accountability in the data protection obligations of each. Obtaining a coherent approach from all 28 EU members is proving extraordinarily difficult and this crisis has compounded underlying economic and political decisions within Europe. On this note the European Community needs to take urgent decisive action by putting in place a logical, long term and comprehensive strategy that tackles both the causes and the consequences of the current influx, including maximizing the benefits and minimizing the human and economic costs of global migration. This they can achieve through the concept of burden sharing and solidarity as the increasing number of migrants and refugees is capable of collapsing the asylum systems of even the wealthiest nation, sharing the financial burden is therefore a crucial step in ameliorating the negative effects of this crisis. The EU adoption of a number of measures which includes working closely with Europol, Eurojust, and the creation of the European Border and Coast Guard Agency and providing emergency relief for refugees is a step in the right direction to tackle the root causes of the refugee crisis. In addition to this, the E.U. must ensure the protection of all migrants in line with their existing legal commitments, irrespective of their migration status. This however does not mean allowing blanket access, on the contrary, it means identifying those in need of international protection and affording them same accordingly. For those whose asylum claims are rejected, ensuring their humane and appropriate treatment, including safe return to their home country. It is pertinent to also note that the current situation must not be framed only as a crisis for Europe but also as a prospect. If managed well, refugees can play a positive role in economic development and civil society. The human capital of refugees and other migrants will invariably bring an inflow of new talents and skills, entrepreneurship expertise and capacities which may help boost Europe’s economies by addressing the labour market and income gaps. As suggested by the Organization for Economic Cooperation and Development (OECD), the integration of Refugees/Migrants should be seen as an investment rather than a cost, especially as employment is the largest determinant of migrant’s net fiscal contribution. Integration policies for Refugees will not pay off immediately – patience will be needed, but as refugees build the basic skills that enable them to function in the host society, European countries can reap the benefits of this current crisis.