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Intoduction : European Union's policies assignment sample
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1.1 Research Background
The legal status of refugees was established on an international level in the year of "1951 Convention Relating to the Status of Refugees” held in Geneva. In this context, it must be mentioned that the guardian of the Convention was "United Nations High Commissioner for Refugees” (UNHCR) as well as of other instruments for the refugee protection. There are two strings of international law that provide international protection for refugees worldwide, such as international refugee law and international human rights law.
The protection and provision of asylum for the refugees must be systematically designed in accordance with the framework of those laws and such international framework is literally harmonized with regional instruments. Each of the members of "European Union” (EU) is a signatory to the Convention and its protocols during 1967. The countries are highly obliged to provide all types of protection, accommodation and other requirements to the refugees, under Article 14 of the "1948 Universal Declaration on Human Rights”.
1.2 Problem Statement
The following research will be prepared based on the critical concept of the gap between the refugee guidelines provided in the 1951 Convention and the standards of the European Union. The study also concentrates on the recent refugee crisis in Europe during 2015-2016 and EU's response and attitude towards the alarming issue. Based on such information, it has been identified that Europe has approximately 2 million populations of refugees in the total world refugee population of over 65 million. The refugee crisis in Europe that began slowly in 2015 faced a massive flow of people arriving in the EU countries from across the Mediterranean Sea through the south-eastern part of Europe.
This migration was primarily caused due to pervert, drought, and violence related to global warming. Such situation led to public uproar and striking levels of attention from political and media sectors to the dramatic experience of migrants reaching EU nations and seeking asylums, which eventually burdened the countries with enormous pressure on the member state governments and institutions of Europe for demonstrating their approaches to meet this challenge. In consequence of the situation mentioned above, the European institutions put these issues in position at the centre of its relevant agenda, and thus, migration policy has now become basically the first agenda in the EU policies. The discussion within the dissertation is focused on answering the query that whether the present legal instruments of the EU framework has the contributory attitude for a comprehensive system in the human rights protection of refugees.
1.3 Rationale of the Research Study
The rationale of the research study is to mainly examine the most conspicuous policy and legislative proposals by the EU in this regard and their approach to recognizing the critical challenges in association with a varied range of policy perspective. In this process, it is essentially required to take a keen observation of the outcomes of policies imposed by the EU's intervention in the global crisis of refugees and their human rights and protection.
The study is also aimed to evaluate the critical points of the "Dublin III Regulations” and the "Common European Asylum System” in the context of 2015-2016, which was quite contrary to the refugee protocols of 1967 under 1951 Refugee Convention along with recommendations on reformation of the EU's asylum systems with assurance of more sustainable approach to the refugee's access to international protection . It is also inclusive of those approaches being unswerving with the most effective practices and legal standards infliction by UNHCR.
1.4 Research Aim and Objectives
The following dissertation is prepared with a firm concentration on the range of legal policies regarding refugee and human right, as well as the availability and accessibility of the refugees to those policies. The study further targets the current situation of refugees in Europe following the 2015-2016 gave refugee crisis in the member countries of the European Union. In this course, a thorough observation of the effectiveness of the policies imposed by the EU and their conflict with the UNHCR policies prepared during the 1951 Convention will be conducted. Naturally, a series of recommendation will emerge while research is being carried out, which will meet the main target of the research, which is if the EU policies' contribution is bringing positive result in the subject matter.
While addressing the issue of the concerned topic regarding the global refugee crisis and EU policies in dealing with the rapid flow of refugees in Europe in 2015, some questions emerge during the research work that demands the necessary clarifications. These questions are what the following objectives of the research are based on:
- To identify the legal instruments and fundamental legal policies for global protection of refugees
- To understand the aspiration of these instruments
- To recognize the compliance degree of member states and institutions under the EU to their commitment to grant human rights to the refugees
- To analyze the key obstructions in the process of implementing EU policies
- To comprehend the concern about basic "non-refoulment” principles and its possible to apply to EU members even transcending their territories
1.5 Significance of the Research
The significance of the research paper lies in detailed study and analysis of the refugee crisis, which is one of the most burning global issues that is affecting the socio-political environment of all the countries. As per the report of UNHCR, during the refugee crisis, the numbers of the people, aredisplaced forcibly, reached around 65 million worldwide by 2016, where 22.5 million were refugees and 2.8 million of them needed asylum. In the same year, the number of refugees and migrants crossing the Mediterranean Sea to enter Europe was more than 36000. The research also signifies the fact that the mentioned situation led to a heated discussion of EU member states and relevant institutions with the third countries and at the same time, an entire series of initiatives were suggested to be implemented by the former party. It was further succeeded by various conferences and summits which were engaged in making a report on mixed and ambiguous outcomes regarding the types of concrete steps that the EU is possible to undertake.
1.6 Research Structure
It is a crucial task to obtain outcomes significantly from the studies done about the concerned topic. In order to get the best and most fruitful results out of the research work, it is a necessity that the framework of the research is structured most effectually. For this reason, the research structure has been prepared with six divisions or sections elaborated with congruent points in six chapters. Each of these chapters will give bit by bit accurate idea of the worldwide refugee crisis — EU's response to this issue following 2015 and the approaches along with further scopes of the research.
The first chapter of the following dissertation is 'Introduction,' which technically gives a comprehensive overview of the overall research study. This chapter includes a brief idea about the global crisis of refugees and violation of their human rights, especially in European countries in the background section. Furthermore, the chapter contains the rationale aims and objectives as well as the significance of the study.
The next chapter is of 'Literature Review' of the subject matter which is a representative detail on various analysis and opinions provided by expert researchers, scholars, government and non-government individuals and groups of people, professional websites, newspapers, etc. This section consists of such various theses on the concerned topic, assisting in the development of in-depth knowledge about it including its conceptualization of refugees and UNHCR's regulations for the protection of their human rights, as well as the conflicting attitude of EU's response to those policies.
In 'Research Methodology,' the third chapter of this dissertation, a mixed methodology of both quantitative and qualitative approach has been elaborated which has been used during collection of reliable and legitimate data for the research paper, based on the target to meet its objectives. In terms of data analysis, both primary and secondary methods have been implemented in this research to bring out the best results.
'Findings' is the fourth chapter, which includes what has been specially obtained through the analysis of the gathered information concerning the literature review and methodology of the research. The primary purpose of this section is to understand different perspectives on the topic of improved efficiency.
The fifth chapter of 'Discussion' is descriptive writing on the information gathered and analysed to achieve a thorough knowledge through the fulfilment of the objectives and aims of the research. The outcome of the study is appropriately explained here for developing the intellectual capacity of the study.
'Conclusion and Recommendations' is the sixth and the last chapter that serves as a summary of the entire dissertation. It summarises the significance of the research in evoking awareness and knowledge regarding the concept of the dissertation topic. This section contains a bunch of recommendations that emerged while performing the research work and can be helpful for the solutions to the critical challenges of the law, practices, and standards provided by UNHCR and EU. The section concludes with the opportunities and challenges of conducting such research on the chosen topic in the future.
Chapter 2: Literature Review
2.1 International System for Refugee Law
Before considering the legal structure of the European Union, which is the main subject of this thesis, a concise illustration of the global legal framework for the safety of refugees is useful. To begin with, this part should contextualize the EU's regional legal system for ensuring refugee rights. According to the study of Kfir (2014), the European Union rules of the law guaranteeing the privileges of refugees is dependent on the 1951 Convention on the Status of Refugees.All EU Member States supported this. Furthermore, this aspect is designed to acclimatize the reader with both the international legal system for the protection of refugees in general and its principle of defining ideas which also apply to the safety of this category of persons in the European Union. In this manner, this section will rapidly look at the most important concepts for the guarantee of refugees laid out at the international stage, to be particular about the significance of "refugee" and the "non-refoulment” centre norm.
2.1.1 Definition of Refugee
"Article 1A (1)” of the "1951 Convention refers”, first, the word "refugee” to any external consideration of a displaced person, as stated in the article of. Article 1A (2), already viewed in conjunction with the 1967 Protocol and without time or geological breakpoints, gives a particular significance to the outcast. Cherem(2015) indicated that refugees can be considered those persons that have well-established fear of maltreatment for purposes of ethnicity, faith, ethnicity, involvement in a particular cultural meeting or political sensation, including any person who is outside their country or origin and unable or unwilling to return there or profit from its safety. According to the study ofBetts (2015), asylum seekers may also be refugees in this context, where the reference point country is understood as the country of former permanent dwelling.
McAdam(2017) expressed that, an individual may be regarded a refugee if he or she is outside his or her origin country and has entered a worldwide boondocks via inherent part of evolution deportation, understood in a universally lawful context. Putting that aside, attempting to escape due to the fear of marginalization is not essential, or even being harmed. The fear of marginalization points to the future may grow from their country of origin during the non-appearance of a person, for example, due to repenting political reform.
2.1.2 "1951 Geneva Convention for Refugee Protection”
The "1951 Convention”, according toRiyanto(2013), unites previous international tools identification with outcasts and offers the most widespread codification of rights of evacuees at the worldwide stage.Peters andBesley(2015) equally stated that, as opposed to previous universal displaced person tools linked to specific meetings of outcasts, the 1951 Convention assumes the sole significance of the term "refugee" in "Article 1”. The emphasis of the whole concept is on assuring individuals from various kinds of maltreatment or political.
The convention is indeed a tool based on status as well as liberties and has been endorsed by different key norms, mostly pseudo-segregation, non-punishment, and non-refoulment, as demonstrated by Singer (2017). Exhibit agreements, for example, must be linked as to ethnicity, faith or starting point country without segregation. Furthermore, modifications in global law for human rights strengthen the principle that the convention should be linked without differentiation as to gender, disability, race, nationality or other limited basis for oppression. Furthermore, the Convention stipulates that evacuees must not be prosecuted for their illegal entrance or settlement, subject to specific exemptions. Zaborowski (2019) perceives in this respect that the search for refuge can expect refugees to violate the laws of migration. Precluded penalties may include being charged with migration or criminal offenses associated with seeking shelter, or being limited in a discretionary manner based on the seeking of refuge. The Convention critically includes a variety of safeguards against the eviction of refugees. The "non-refoulment” guideline is important to the extent that no reservations or discrepancies could be produced about it. It provides that no one is going to oust or rebuild an exile without in any manner wanting to go to a domain in which the individual concerned is afraid of life or chance hazards.
According to the document of Record 1.3 Million Sought Asylum in Europe in 2015 (2019), the Convention establishes the least basic foundations for the management of refugees, without enabling for a more perfect solution by States of prejudice. These freedoms include access to the judiciary, vital training, work, and paperwork arrangements, including an evacuee travel archive in the immigration framework. 'Europe'S Refugee Crisis: What You Need to Know' (2019) stated that, in any event, the Convention does not apply to all persons capable of fulfilling the meaning of exile in Article 1 in one way or the other. In particular, the Convention does not make any difference to those for whom there is no kidding explanation on the grounds that they have performed atrocities or violations against humanity, genuine non-political wrongdoings, or are liable to acts opposing to the UN's rationales as well as guidelines. Furthermore, the Convention has no important impact on those displaced persons who get benefit from the safety or assistance of an agency of the United Nations besides UNHCR.
2.1.3 Non-refoulment Principle as Global Customary Law
The question of whether the entire "non-refoulment” standard is constructed up under global normal law is still being mentioned. It was conveyed in the "Encyclopedia of Public International Law" that the norm of "non-refoulment” of displaced persons is currently widely viewed as a particular guideline of international human rights law. Furthermore, in the statement made in December 2001 by the Contracting States to the 1951 Convention, the significance of this principle was emphasized by pointing out that: the proceeding with the importance and versatility of this worldwide scheme of freedoms and norms, including the "non-refoulment” rule at its centre, the appropriateness of which is enshrined in normal universal law. In view of how "refoulment” disallowance comes from a few agreements, Roberts, McKee (2016) clarified that the exercise of climate bargaining can be used as a source of normal international policy.
It is also reinforced that norms for dwellings may occur in addition to the normal law for associated substances. Hampshire (2015) conducted that the foundation of international law is that the custom is based on two vital elements: real state behaviour and the emotional or abstract belief that such behaviour is law. To both the extent that the state practices is concerned, States are investing closely all-inclusively in an agreement that embodies the principle of "non-refoulment”. Similarly, an important element is the actions of States to fuse colonies, including the limitation of "refoulment” in their legitimate application. With regard to the "opinioiuris" element, despite the reality that there are more discussions, it continues to be found that more states are convinced that this standard is compulsory. The substance of the standard "non-refoulment” guideline is basically that this rule binds all states and prevents "refoulment” to any domain where the outcast is in danger. The primary exemptions it is subjected to are grounds for open well-being and national security.
2.1.4 Identification of Legal Policies and Instruments for "Global Refugee Protection”
The "1951 Geneva Convention on the Status of Refugees”, as stated earlier, still refers to the important worldwide legal instrument for refugee safety. As per the article of 'EU Policies Put Refugees At Risk (2019), the Geneva Convention, in any event, is not the primary legal tool for assuring refugees. Some territorial associations have been granted agreements or declarations establishing increasingly specific agreements. This is a result of the manner in which, after incidents at worldwide stage in 1951, it was proved that the Geneva Convention was not sufficient to handle universal motion effectively on its own. In 1951, the contrast between the Communist party and Western countries illustrated the universal political circumstances.
Lehner(2018), recognized that the environment seemed to be largely binary, the part between the Eastern Alliance of the Soviet Union and the Western scene of the United States of America. In this particular scenario, most of the displaced people fled the Eastern Alliance to the West in an attempt to avoid either political arraignment or socialist distress. When the global actuality confused with and after the War arrangement, relocation stopped being unidirectional. Along these lines, Cherem(2015) stated that too many refugees switched out to be a portion of uncontrolled immigration caused by prevalent conflicts, hunger, as well as political or ideological mistreatment in various places around the globe. There is no specific convention to the extent that the EU is concerned that strictly monitors the guarantee of displaced persons. In any event, as will be examined in the next section of this research paper , a few arrangements can be found within the legitimate system of the European Union that identify with the security of the rights of the outcasts. The large bulk of them are constructed up within the larger scheme of the Geneva Convention in EU commands as well as ability.
2.2 Key Refugee Policies of European Union
2.2.1 Background of the EU System of Refugee Protection
The adoption of various legal instruments regarding refugees by European Union contained two aspects in its process. The first aspect was that the prime concern of this adoption was not for the protection of this category; instead it was aimed to regulate the burden that the EU Member States share during rapid influx of refugees after the implementation of recognizing the refugee status and their control over the movement of EU territories. According to Hamdouch, B, (2018), concerns are caused from the newly adopted policies regarding the management of borders. Through the creating Single Market and adopting Schengen Conventions held on 1985 and 1990, various important changes occurred relating to the control over the entry of people from third countries in EU territory. The most noteworthy of those measures adopted with Schengen Conventions is the eradication of control at the internal border and replacement of the refugees at external borders. Furthermore, the Conventions commenced the establishment of common definition on the conditions to cross external borders and processes in organizing individuals in these borders. This is a definition of particular provisions regarding the responsibility of member institutions and states of EU in investigating applications for asylum that the refugees have lodged.
The second aspect of the adoption of legal instruments for refugees is about giving them more protection through granting them asylums. Its concentration is to protect and receive asylum seekers, which started with adopting the Amsterdam Treaty in 1997 and Tampere Council in 1999. As per Sarah et al., (2016), besides other issues, building common asylums and migration policy was the matter of concern in this summit, and the idea of building a Common European Asylum System (CEAS) was introduced. The final decision about building this CEAS was to be constructed in two different stages. The first one was targeted for the adoption of the instruments that establish least standards for all states under EU membership, especially in relation to a common asylum process and status of uniform asylum. This stage was to be completed before May of 2004. At the second stage, the aim contained restriction of the discretion that was offered to the EU Member States to perform in this area. This resulted in the anticipated outcome of the first stage and the Tampere summit was followed by the Council's action to form of directives of draft and regulations.
EU brought reformation in its legislation concerning asylums in achieving its overarching objective to set up a CEAS in the period of 2011-2014. The refugee crisis has obstructed the development of the same. Huggins, (2016), has stated that migrants entering the EU contain mixed composition of asylum seekers and economic migrants. Protection on international level is provided to the migrants who are distinguished as refugees because of the properly founded fear of maltreatment. On the other hand, illegal economic migrants are not qualified as refugees and required to return to their originating nations by Member States. Nevertheless, this procedure of implementing their return actions is difficult as there is a scarcity of travel documents, lack of facilities about detention, and other factors.
During 2015-2016, EU countries have experienced an exceptional influx of refugees and migrants. Throughout the history, people from several nations have reaches Europe for different reasons through different channels. Although many of them look for legal ways for entrance, a huge number of these migrants risk their lives to enter Europe and stay as illegal refugees. Based on the opinion of Hynes and Holden,(2016), many people in need are coming to EU territory demanding asylums, and EU has strong legal and moral obligations for the protection of these people in need who escape their home countries and cannot return for intense fear of maltreatment or risk to suffer grave damage.
2.2.2 Key EU Policies Affecting Refugee obligating 1951 Refugee Convention
During 2016, the EU concentrated on prevention of arrivals and outsourcing responsibility for people seeking refuge and asylums to regions and nations outside of the EU territories. Hamdouch, (2018) stated that leaders and policymakers of EU have provided rationalization on this focus as a political and practical requirement in re-establishment of controlling the external borders of Europe. Also, being a humanitarian imperative, it focused on the upgrading of the lives of refugees and other individual seeking asylums in other areas and the prevention of their attempt to migrate to Europe in dangerous ways. During the huge refugee influx of 2015-2016, some key policies were pursued by EU, among which three policies have negative consequence in terms of human rights of refugees.
- Deal between European Union and Turkey
The EU took a step to sign an agreement with Turkey in March, 2016, for stemming migration that was mostly concerned with refugee flows to Greece. This deal makes Turkey in accepting the return of every asylum seeker who transited the nation and went across the sea to arrive at islands of Greece. As exchange, EU decided to agree for providing Turkey huge amount of Euros as aid along with visa liberalization for Turkish residents, along with reviving negotiations for accession of Turkish people to the EU territory. Hamdouch, (2018) opined that this agreement lies on the flawed premise that Greece and EU do not need analyzing the protection necessity of people arriving through the Aegean Sea in the context that Turkey is a 'safe third country' or 'safe first country of asylum.
But, because of the limitations Turkey made obligatory when it approved the "Refugee Convention of Geneva in 1951”, non-Europeans are not capable to be entirely acknowledged as refugees. By the means of practice, the basic flaw in the deal has proven to be close to fatality. Since today, no one has been returned to Turkey stating that asylum application was inadmissible due to their capability of obtaining effectual protection in Turkey. Greek asylum demands authorities have constantly system that Turkey is not a secured nation. Since the deal came to be effective, Greece officially has returned to Turkey only those people who are not applicators of asylum, whose claims were denied based on their merits, or who chose the return voluntarily.
Significant damages were imposed by the "EU-Turkey deal”, where Greek authorities commenced a official policy of automatically detaining for migrants reaching by water at Aegean islands. Although it is still in place, the policy has relaxed more than 35000 individuals who are living in unsafe camps on the islands and waiting for decisions on their application for asylums. According to Hynes and Holden (2016), the deal between the union and Turkey continues with the legal issues and weak negotiations with the later party and for the former, it is a statement of intent. Message of commodification, outsourcing and blockage of refugee protection has been sent by this deal, as well as serving as cover to struggling countries of first asylum which hosts numerous of refugees for a long time to pull out their hospitality.
- Framework of Partnering with third countries
The European Commission made an announcement in June of 2016 regarding a new partnering framework to build relations with the "third countries”. The signal of the framework was intended with recasting the external relations of EU with originating countries and transits through placement of migration cooperation in the heart of the foreign policy and aid for development. In short, the objective of the step was saving the lives in the Mediterranean Sea, increasing the number of returns to nations of transit and origin, and allowing refugees and migrants to live nearer to their homes and to avoid journeys that might be deadly for them. This framework envisage cooperative incentives on curbing flow of refugees and migrations from both positive and negative aspects and cites the EU-Turkey deal to be a model for this kind of cooperative actions. This partnership framework is a representation of clear articulation of what EU has set as its goal in the process of intensification of cooperation with nations such as Africa, Asia and the Middle East. Huggins, (2016), has clarified that the objective of this intensification is to prevent irregular migration flow into Europe and giving facilities regarding the removal of rejected asylum seekers from EU territory.
If implementations were done appropriately, many programs linked with these efforts have commendable goals and were capable of improving the lives of people and assist in addressing some factors that drive the risky migration. As per , such projects concentrate on the improvement of living conditions, integration measurement for refugees who live in extended displacement, employment opportunity and education. This educates law enforcement officers regarding the rights of asylum seekers and refugees. Utilization of cooperation on controlling migration as the primary measurement of EU's relationship with other nations and creating development aid and EU foreign relations as an entire submissive to objectives of migration control serves as a representative of sharp turn away from a straightforward defense of human rights as a central scheme of the policy by EU, according to their action plan on the same matter, according to Varga, (2015). It would be performed in ways that would be finally capable of proving self-defeating by failing in addressing the human rights abuse which often drives migration by force.
This approach will develop to the actual risk of creating incentive for countries of origin and transit in engaging in offensive policies in order for blocking departure or restricting freedom of movement. This had an overwhelming effect on the asylum seekers' ability to reach of veritable safety and of people in exercising their rights to flee their own homelands. Riyanto(2013) opined that this enhancement in centralizing migration problems in EU's foreign policy along with the connections between migration cooperation and aid is reflected in the relations between EU and Afghanistan. Refugees from this country who are living in Iran and Pakistan are tolerating inhospitable conditions involving abuse, discrimination and oppression for returning to Afghanistan. During 2015, the protection rate of EU for Afghans was 67 percent at the first place. The wide protection rate includes subsidiary protection, status of refugees as well as humanitarian leave to stay.
- Training Libyan Coast Guard
In the month of June in 2016, European Union worked on the mandatory action of anti-smuggling naval operation in the central area of Mediterranean, termed as EUNAVFOR MED Operation Sophia . This action was expanded in order to include the training of coast guards and navy of Libya and for enhancement in their ability in interrupting smuggling and trafficking in various places of Libya and performing search and rescue works in saving lives that can improve the security in the waters of Libyan territory. The very first step of this plan was to train 100 officers on the vessels of EU in the international water. As per Betts (2015), improvement in the capacity of various Libyan authorities in performing search and rescue operations is crucial. Currently, Libyan authorities have given vivid obligations to act on these functions in its designated area for search and rescue, and a large number of tragic and distressful events have taken place here. These efforts to give assurance of Libyan capacity to perform such actions are to save numbers of lives.
The logic behind the attempts made by EU, however, seems primarily to be anticipation and prevention of arrivals in EU borders. Vessels carrying EU flags must be bound by the "non-refoulement” principle, barring the return of any individual to a place of facing threats to their lives and freedoms. No dispute in law or practice is there for anyone to be intercepted or rescued by EU ships and returned to Libya, which is a country of violence and lawlessness. Thousands of asylum seekers and migrants face harsh abuses by militia members, government officials, criminal gangs and smugglers. This would have happened even if they were rescued in waters of Libyan territory by the EU ships. But such people do not trigger the responsibility of EU Member States and hence, no obligation of non-refoulement was there towards the refugees and other migrants seeking asylums.
2.2.3 Challenges in the assessment of EU Responses 250
Several EU responses can be seen as undertakings to investigate stronger solutions to exchanging commitments among, and between, EU member countries as well as the EU. Various steps have sought to demonstrate organizational, legal as well as macroeconomic solidarity in refuge and exterior fringes. Cherem(2015), expressed that, models include tools such as the EU Transitional Migration Framework for the Redistribution of Refugee Searchers "Obligations or EU Home Affairs Organizations" Operational Assistance to Greece and Italy, together with an extension of the money-related part of the property. Within the present scenario, some European immigration countries have used prohibitive agreements against transients and refugees trying to reach European countries even farther from north. Consistency inquiries with EU guidelines and practices, as in fact universal law, do not merely associate with part-state operations within the EU, but are also concerned with assessments overseas or involving third countries. In addition, some EU part countries are incredibly low in expressing the housing transposition and feasible use of EU-level haven rules, as stated by Kfir (2014). As far as refuge approach is concerned, a particularly difficult point of view is the small record of use due to part requirements of Directive 2013/33 on the collection of EU circumstances. Not only does this identity with an "easy check" of specific administrative modifications after lawful deeds by the EU. It also demonstrates a gradually important defect with regard to the legal and authoritative boundaries of certain EU part countries, particularly with regard to frameworks for community shelters.
2.3 Analysis of EU Institutions, Policy Responses and Legal Responses
2.3.1 The European Agenda for Migration
According to the statement of Niemann and Zaun (2017), the "EU Commission” enacted the "European Migration Agenda” in May 2015. The Agenda is a policy paper outlining migrants, immigration and border policy objectives over the coming years. It began with the assistance of "First Vice-President Timmermans", accompanied by HR of Mogherini and then by Migration, "Home Affairs and Citizenship Commissioner Avramopoulos". Unlike the preceding institutional plans, a liberal policy agenda between both the institutions were adopted for the first time to be 'extensive' and integrating the various policy strands and instruments available to the Union, both internally and externally. The Agenda recognized six instant short-termed EU strategy activities or suggestions given the increasingly urgent political framework concerning the advent of asylum seeking people across land borders in the south-east and the Mediterranean Sea:
- A transitional and emergency transfer system for asylum applicators in the EU for the Member Countries facing more significant influxes, depending on new main requirements for compensation to determine accountability for evaluating asylum requests; and the introduction before the start of 2015 of a legislative initiative on a continuous scheme.
- A relocation system for 20,000 non-EU refugees and additional 50 million expenditure for 2015-16 to promote this system.
- Triple EU "External Border Agency” capabilities and budget combined control of border and Monitoring Activities in the Mediterranean.
- Setting up the "Common Security and Defense Policy (CSDP)" in possible immigration prone regions to dismantle smugglers networks and operational pattern to recognize, seize and ruin smugglers assets.
In relation to these instant measures, which are considered to be more ' intermediate-term, the European Agenda on Migration described the following four main EU migration strategy activities are such as 'Reducing uneven migrant subsidies', 'Border management saves life and protects internal boundaries', 'The obligation of Europe to safeguard a powerful popular position on immigration,' 'Developing a fresh legal migration strategy'. Hence, each key aspect put forward a number of particular strategy measures.
2.3.2 Evaluation of Policies Conducted By EU Asylum
Thus, EU policy suggestions have been the topic of intense political discussions. This section discusses the primary legal and policy tools taken in more depth.
- Third Safe Countries
According to Manderson (2013), the enactment of a regulation creating a popular register of "safe third nations” and the implementation of findings on the same topic by the Council, the primary concept under the Regulation is to designate nations such as "Macedonia", "Bosnia-Herzegovina", "Turkey", "Montenegro", "Serbia" and "Kosovo" as secure nations, in specific EU candidates along the Western Balkans path. This means that citizens from those nations are not a priori considered migrants ' and that the domestic officials may apply an expedited operation, But that does not imply that almost all candidates from such nations for international protection can be instantaneously denied or handled as unfounded immediately. Towards this conclusion Kfir (2014), has stated that the EU held an "Eastern Mediterranean / Western Balkan Route" high priority conference on October 8 and implemented a joint intervention scheme. Thus, On 25 October, a second, more restricted, high-level meeting was held, inviting governments from potential countries such as "Austria”, "Bulgaria", "Croatia", "Germany", "Greece", "Hungary", "Romania", "Slovenia", along with "Albania", "Serbia" and "Macedonia". Also attending were the Presidents of the "European Commission” and the "European Council”, current and future rotating presidencies of the council, as well as the "UN High Commissioner for Refugees”. The conference decided on a "Pragmatic and functional steps 17-point strategy." In which the EU-Turkey enhanced border management action plan and execution are prominent. According to the research of Kfir (2014), the declaration stated that the EU and Turkey decided to initiate the Joint Action Plan to speed up collaboration to promote transitional security of Syria and migrants governance objectives.
- The Temporary Relocation System
The retribution of asylum applicators among the EU one of the most contentious concepts was the creation of a temporary system for relocation by EU for the allocation of people who need asylums among the states which are associated as EU Member. The primary input of the initiatives was to momentarily derogate the governing principle under the "EU Dublin system” in which the primer-entry "EU Member States” is liable for analyzing an application of asylum.
As per the statement of Laker (2015), the established contemporary system presents some fresh models termed as 'Distribution Key'. It assigns accountability among States members on the grounds of new requirements, including "Gross Domestic Products ", "populations”, and "unemployment” and so on. In respect to the initiatives of the commissioners the associate states incorporated a comprehensive decree regarding the relocation of approximate 40,000 individuals of Greece and Italy in apparent need of dire assistance and protection internationally in July, 22 of 2015. In which, a new Council Decision was formed on the provisional transfer of approximate 120,000 asylum seekers of both Greece and Italy; it was complemented on 3rd September. The EU associate Sates also undertook to resettle more than 20,000 personals from beyond the European boundaries in 15th July.
Thus, the first transfer flight from Italy took place on 9th October, carrying approximate 19 Eritrean asylum seekers to Sweden. In 21st October after twelve days of previous transfer, additional 48 Syrian and Eritrean asylum seekers were transferred to Finland and another 19 to Sweden. As far as Greece is concerned, the "European Commission" declared on 4th November that the first transfers of 30 asylum seekers to Luxembourg would be carry on.
Finland, Sweden and Luxembourg are the EU Member States with the most active participation to date; France, Spain and Germany are also followed by. It is not surprising that the commitment of the Member States has become the subject of critique, according to the statement of Peters andBesley(2015), it may take over 700 years for transferring approximately 160,000 asylum seekers protected by a resettlement scheme that is now being expanded.
- Irregular Migration, Trafficking and Smuggling
As per the statement of Melnic (2017), the implementation of an action plan of European Union against migrants smuggling was one of the most noticeable reactions by the 'European Commission". The commission of "EU Return Action Plan” of 9th September 2015 and Prevalent Return Handbook Recommendation is considered as a significant approach on the matter. All EU Member States accepted these initiatives in great measure. A definite instance is the "Council Conclusions of 8 October 2015" on the future of the return policy. These policies concentrate on the restoration of uneven entry and residence of third-country citizens and on re-admission collaboration with third countries.
EU trafficking strategy also engaged the implementation of a "CSDP" procedure called "EUNAVFOR MED” lately renamed "Operation Sophia” on the Southern Mediterranean elevated seas. The European Council demanded that the CSDP exercise be performed in accordance with international law from its invite to the higher representative to begin planning. The European Council demanded that the CSDP exercise be performed in accordance with international law from its invite to the "High Representatives” to begin planning. In order to reinforce the existence of EU at the ocean, the European Council also decided to increase the funds accessible to Triton, Central Mediterranean boundary task of EU, and to increase its operating capacity by providing extra vessels.
"The Commission and the High Representative" accepted a combined communication as portion of a wider set of suggestions. The EU External Action was conducted to address the refugee crisis in Europe, describing how the Union's global commitment was constructed on the 'Global Migration and Mobility Approach' in 2011. The EU, as well as Turkey, decided to submit the readmission treaty from June 2016. They aim to finish the visa liberalization cycle and lift Turkish nationals ' passport demands in the Schengen area in October of 2016. The Member States planes along with specialists. Other steps negotiated include enhanced collaboration with Europol against smuggling networks and the implementation of immigration law enforcement officers to third nations
- The Hotspots Approach
A second associated step to the transfer scheme as stated by Scipioni, (2017),was the so-called hotspot approach at particular more difficult locations in "Italy and Greece" and the enhancing of EU internal organizations. As mentioned briefly earlier in this thread, this model involves the implementation of organizational assistance by specialists engaged in the ' testing ' of third nation citizens from several national organizations. Involved in the 'testing' of third-country citizens (identity, biometric and enrollment), in providing data and aid to international protection candidates and in preparing and removing uneven immigrants. The hotspots approach conducted by the commissioner involves the establishment of a combined operational headquarters named as the "Regional Task Force of the European Union (EURTF)", which consists of representatives of the three agencies of EU coordinating the actions on the ground working with national governments. In Italy, "Augusta", "Lampedusa", "Porte Empedocle", "Pozzallo", "Taranto and Trapani" are the hotspot regions. In Lampedusa, which works on the "EURTF" in Catania, Sicily, the first "Migration Management Support Team” is up and operating. The EURTF is headquartered in Piraeus and the first support team for managing migration was headquartered in Lesvos.
As indicated by Orbie and Khorana, (2015), The "Trust Funds” for the Syrian and African crisis with an extra 500 million were another rather noticeable production, this time of a predominantly economic aspect. A 1.8 billion Emergency 'Trust Fund' was established to tackle the root factors of unbalanced migration in Africa; the financial solidarity also took the type of extra asylum urgent help in 2015. The Fund for Migration and Immigration and the Fund-Borders for Internal Security totals 100 million. This has resulted in additional financing being reallocated the approximately298 million from European Neighborhood Instrument. Greece got at least 40 million for the year 2015, including 9 million for urgent financing, and about 60 million for Italy, including 20 million for urgent financing.
Having regard to the statement of Peters andBesley(2015), most of the 'activities' formulated or recognized as "instant” by the European Agenda on Migration have been mainly embraced significantly over the past five months. Projecting and examining the real practical implications of these EU tools on the floor is too premature. However, the framing of these activities as 'short-term' is incorrect, as their real effects will be observed in the moderate and longer-term primarily on the land.
- The Commission Proposal for a European Border and Coastal Guard
As per the study elaborated by Maldini and Takahashi (2017), The European Migration Agenda approved in May 2015 expected that within the limits of the Treaties and their appropriate Protocols the "European Commission” would initiate a reflection on the procedure for promoting mutual governance of the European frontier. It specified that a European border guard system would encompass a fresh strategy to coastguard tasks in the EU, considering projects such as the exchange of assets, combined drills and dual-usage of funds, and so as the chance of shifting forward into a European coastguard.
These calls were backed up by the Commission with a Communication and a set of legislative interventions being published. The Communication, "European Border and Coast Guard and efficient governance of the internal boundaries of Europe", identifies the primary features of the current Commission projects and the freshly planned European Boundary and "Coast Guard Agency." Under the ordinary legislative procedure, the European Border and Coast Guard were created in the form of a Regulation. It is focused on a fresh semi-military European national premises and Coast Guard Agency and has the legal position as the "body of the Union"
Thus, the authority of Border control officials and domestic coastal guards are liable for carrying out maritime border surveillance. It would have two primary competencies: firstly, promoting the creation and execution of prevalent EU border management norms; and secondly, operational assistance for the EU Member States whose state boundary officials do not copy difficulties on the ground efficiently.
2.4 Literature Gap
The literature review chapter of the current research work explains only the policies and agenda of EU during the refugee influx in 2015-2016 and the influence of those policies and approaches in context of refugee protection approaches of 1951 Geneva Refugee Convention. The chapter abruptly elaborates and is limited to the factors which are precisely related to the subject matter. As the concerned topic is the biggest issue in the entire Europe today, a lot of other concerns regarding the global refugee protection and migration and asylum commodification issues in EU Member States have not been possible to cover in this present research work. The study lacks brief information on the individual policies for different countries, protection of women and girl among migrants and asylum seekers, calculation and ratio of asylum seekers in various locations of Europe, differences in refugee identification rates and some other crucial topics.
The entire chapter focuses on the literature review of the subject matter, along with legitimate measurements and examples to make stand for those opinions given by expert scholars and researchers. As the concern of the research points out, the study concentrates on the responses of European Union against the recent refugee crisis during 2015-2016 in Europe and its obligatory actions as per the dictates of 1951 Refugee Convention. The discussion of the chapter basically centers round whether EU breached those obligations or not and how the outcomes of their actions impacted upon the refugees and asylum seekers. At the end of the whole discussion, the limitations of conducting research study on this topic have also been provided.
The literature review has begun with the conceptualisation refugee protection with defining refugees and international law to provide them the basic safety measures. In this process, the Convention for Refugee Protection in 1951, held in Geneva, has been elaborated with the most valuable points, in regard with UNHCR. The "non-refoulement” principle in the prospect of international law and recognition of various legal policies and instruments for global protection for refugees is briefly explained. The next section showcases the background of refugee protection system instituted by EU. Three of the key challenges, taken in this process by EU, have been elaborated in context of how they influenced the refugees and asylum seekers, which turns out to have more negative impact than positive ones; hence, various challenges emerge out from the assessment of the responses of the union. This is followed by the section where a detailed analysis of institutions, legal and policy responses of EU describes its migration agenda and policies for protection of refugees and provision of asylums to them. This section goes to the bottom of research and study to evaluate the policy instruments and fundamental legal tools utilised by EU. In this process, the review intricate those instruments such as "third safe countries”, "temporary relocation system”, "irregular migration, trafficking and smuggling”, "hotspot approach”, "funding” and "commission proposal for a European border and costal guard”.
Chapter 3: Research Methodology
3.1 Chapter Overview
As the title suggests, the following portion includes the dissertation's research methodology. This aspect, in more subtleties, includes "research strategy”, "research approach”, "information collection” methods, "sample selection” method, type of "data analysis”, and "ethical considerations” along with the research's limitations.In relation to other philosophies, the preceding chapter also discusses research philosophy. In addition, research strategies created and used to pursue the goals are also clarified.
3.2 Research Strategy
There are multiple parts of previous academic studies concerning the Refugee Conventions of 1951. The associated research was largely based on the fundamental concept of the difference between the rules for refugees set out in the 1951 Convention as well as the European Union rules. However, the indicated review emerged as another research on a present topic of studies.
In order to meet the paper's objectives, qualitative researches, as well as quantitative research, were conducted. This showed that the study employed a mixed strategy. The greatest attribute of qualitative research is that it is mostly suitable for small examples, whereas its results cannot be quantified and measured. The basic favoured position, which further creates its vital differentiation with quantitative research, is that it provides a complete depiction and analysis of an exploratory topic without limiting the scope of the studies and the concept of the responses of the member. Nevertheless, the adequacy of qualitative research is strongly based on the researcher's abilities or even capabilities, whereas the observations may not be seen as strong, as they are usually derived from observers near to locale and clarifications.As it is increasingly appropriate for small instances, it is also hazardous to see the implications of qualitative research indeed be carried out through the deductive formation of a theory-based hypothesis. To decrease partiality when gathering and evaluating information, each phase in quantitative research is streamlined. A major benefit of this strategy is that the findings are accurate, consistent as well as easily interpretable for a bigger population. It is, therefore, most feasible to use the mixed research strategy to achieve the research objective.
3.3 Research Philosophy
A philosophy of research is a belief of how data on a phenomenon can be collected, analyzed and then used.Two important philosophies of research were acknowledged in the Western tradition of philosophy, namely positivist andinterpretative. The study uses interpretativeresearch philosophy, as it balances the components of both qualitative and quantitative approach.
Positivism, as a philosophy, that conforms to the perspective of almost all "genuine" information acquired by reflection, as well as for sampling, is credible. Within the context of positivist research, the researcher's function is restricted in an unbiased manner to data mining and analysis. Research results are generally observed and quantifiable in all these kinds of operations.Positivism relies on assumptions that can be measured, leading to quantitative analysis. It was observed that positivism as a philosophy is consistent with the rationalist perspective that intellect derives from the natural world. It also has an abstract, metaphysical perspective of the globe which really includes separate, empirical components as well as activities which communicate with each other in a quantifiable, ascertained and periodic way.
Interpretivism is also recognized as interpretive, includes academics to understand the researcher's aspects, thereby integrating social commentary into research.Interpretive researchers, therefore, believe that visibility to realities can only be achieved via theoretical constructs such as linguistic, perception, mutual ideas and techniques. Advancement within interpretive philosophy is based on common scientific research criticisms of positivism. This philosophy, therefore, demonstrates qualitative analysis to be far more superior to quantitative analysis.Interpretivism is closely linked to both the philosophical argument of positivity and has been used to accumulate various methodologies, with the exception of social functionalism and existentialism approaches.As stated by interpretive strategy, recognizing contrasts between people is important for the expert as a social performer. Interpretivism also sees the importance far too often and can use numerous approaches to represent different components of the problem.
3.4 Approach of the Research
The following research was done with a "deductive approach”. A deductive method involves building a current theory-based hypothesis and then constructing a study technique to support the assertion. It was indicated that deductive implies thinking from the specific to the terms of ideology. So when a specific hypothesis or case instance appears to imply a causal connection or linkage, it may be accurate in several instances.If this is the case, a deductive structure may check whether this correlation or connection has been obtained under more particular conditions.The deductive method can indeed be clarified through observations that can be extracted from those in the theory's proposals. Similarly, the deductive strategy involves carving findings from assumptions or ideas.
Usually, the "deductive method" has five phases, namely to deduct the hypothesis, formulate the hypothesis, check the hypothesis, examine the result and finally modify the theory if necessary.Therefore, the "Deductive Approach" is the most appropriate research approach for commencing the research because the preceding research is based on previous permutations.
3.5 Data collection process
The collection of data for the following research was done with a mixed approach. In the mixed approach, essential research data was collected via both the quantitative and qualitative manner. Research on mixed approaches is a methodology involving moral premises that steer the path of information compilation and evaluation and the combination of qualitative and quantitative strategies in several stages of the research process.It relies on gathering, evaluating as well as exchanging in a particular research or sequence of research alike quantitative and qualitative content. Using quantitative and qualitative approaches provides a greater grasp of research issues than when using a single approach. Using the mixed approach for conducting the research enables the qualitative information to be legitimized via quantitative outcomes.
"Mixed Research" methods offer additional advantages which compensate for the strengths of both theoretical and practical analysis. According to Ronald (2013) assertion, mixed techniques can contribute to fresh ideas and inferential statistics which are unlikely to happen when using one technique alone. A mixed-method strategy utilizes survey and data selection methods in both qualitative and quantitative types.The mixed approach allows the research to tackle various facets of certain research questions, thereby expanding the new element of the research while glancing forward to the entire research objective. Thus, the mixed approach will enhance the research quality by a substantial margin. By merge-checking, the collected data with other information sources, the mixed-method strategy checks the legitimacy of the research results. If information from numerous sources supports the finding of the conducted research, the research can indeed be assured of its legitimacy.
A series of survey questionnaires along with in-depth interviews will be used in light of the study objective as well as to make the research viable. The research questionnaires will be used to collect important data on the 1951 Geneva Conventions on Refugees. The survey will be essential for knowing the current background of the suggested studies as well as defining the appropriate implications for the future.The survey will be conducted on private grounds and the interested refugee personnel will be asked questions. It is essential to note that the survey will never be carried out on the general public, as the entire situation of the suggested research focuses on the condition of refugees. In addition to this, interviews will be conducted in-depth. The interview will be private as well as unstructured in order to define the emotional responses, sentiments and viewpoints of the respondents with regard to a specific research topic. The primary benefit of personal surveys seems to be that they require private as well as direct communication among questioners as well as audience members.
During the general procedure of data accumulation, it is essential to painstakingly get to the legitimacy and the unwavering quality of the gathered information. Surveying the unwavering performance of study findings requires managers to take choices about the research's sufficiency ' related to the implementation and property of the desired methods and the uprightness of the suggested goal.Qualitative research is censored as much as feasible for lack of rational fastidiousness with the inadequate tacit acceptance of the approaches adopted.Although the evaluations and initiatives used to build the applicability as well as dependability of "quantitative research" may not be related to "qualitative research", there is continuing debate as to whether weather conditions such as legitimacy and unwavering results are suitable for assessing qualitative research. These conditions are material in the widest possible environment, with validity referring to the integrity and use of the accepted methods and the accuracy in which the findings accurately reflect the data, whereas unrelenting value depicts continuity within the research systems used.However, if qualitative methods are not innately the same as quantitative approaches as far as philosophical attitudes and reason are concerned, and then alterative meticulousness-building schemes are appropriate at that stage.For this, reason, guaranteeing that the gathered information is tenable, must be among the top needs while directing the research.
3.6 Selection of Samples
The "purposeful” sampling technique has been used to establish the research sample under consideration. Based on the knowledge, interactions as well as competence on a research topic, sample members are chosen according to this procedure, which belongs to the class of anti-probability sampling approaches.As mentioned previously, the method of data collection will concentrate widely on the refugees and thus on the samples that will be chosen from their overall point of view.Therefore, given that research is performed on a mixed strategy through both qualitative and quantitative methods, information sampling is focused on both prior scholarly studies including modern data collection based on interviews and survey questionnaires.
3.7 Data Analysis
The data analysis method was used in the particular research to examine the information that was collected using mixed (qualitative and quantitative) approaches.The data collected is categorized into subsets and semi-topics within this particular research in order to have the choice of being equivalent.A fundamental advantage of productive data analysis is that it helps to shrink and improve the information collected while at the same time producing results that can then be measured using quantitative approaches. Furthermore, content analysis allows the research to construct the collected qualitative data in a way that fulfils the research objectives.
The data analysis method was conducted in two separate phases as the study connects important actualities as well as information from both qualitative and quantitative structures to social opportunities.In order to evaluate the qualitative data collected from different additional sources, fundamental research was conducted regarding the credibility of the certainties.In this method, it has been ensured that the data gathered from supplementary sources is well organized as well as clearly linked to the vital research points and targets Accordingly, in order to monitor qualitative information efficiently and to retrieve trustworthy findings, the data analysis method provides appropriate case models that clearly reflect the effect of a few notable issues and variables with the research goals. Throughout any event, negligence is deeply connected with data analysis operation, as researchers are at risk of misconstruing the gathered information, thus creating fake and questionable abstracts.
3.8 Ethical Considerations
The ethical consideration must be pursued mainly on the basis that the topic of the review is erratic. As mentioned earlier, through a labelled letter of consent and training, all participants officially confirmed their written acknowledgement regarding their involvement in the research.Since the research subject is unpredictable, members were given a free decision to support the survey and interview questionnaires and were allowed to withdraw from it at any time and under any conditions.In addition, the participants were sufficiently informed about the research's objectives, alongside stating that their responses were handled as personal and used specifically for academic reasons and only for the underlying motives underneath the particular study.Throughout the execution of the research, none of the participants was harmed or mishandled, both emotionally and physically. Conversely, throughout the overall study phase, the researcher endeavoured to create and maintain an atmosphere of consolation.
3.9 Limitations of the Research
Research limitations are the characteristics of the approach or strategy that have influenced or compromised the interpretation of the study findings. They are indeed the limitations on predictive validity, applications to practice, and the usefulness of findings in which the research was first selected. The respondents' scale was usually tiny for the specified research, involving only 40 individuals. More respondents are inclined to improve the unwavering performance of the research. Besides, the qualitative interpretation did not allow the verified problems to be estimated. Furthermore, the research hindrance also encompasses a few specific cases in which several participants refused to take part against their actuality.
Chapter 4: Findings
4.1 Primary Analysis of Data
A questionnaire survey is performed for the efficacy of the research study and to fulfil the specified goals of the research.The research issues were formulated for the primary data analysis in respects which are well organized and assessed to meet the research goals.Some particular issues regarding the research subject were answered by a total of 40 participants.It is to be noted that, all the chosen respondents are either a present refugee or have been a refugee at one point of time. The queries have been well portrayed and appear to be in conjunction with the 1951 Geneva Refugee Conviction.
Before the survey questionnaires were put forward, the gender of the recipients were noted down. This is very important for the course of the research, as the response from female respondents was vital for meeting the objectives. Out of a 40 respondents, 26 respondents were male while 14 respondents were female.The question's graphical illustration is given below:
After the gender was specified, the age of the participants was determined. The determination of age was another important part of the research as it portrayed the change of perception among the respondents. Further, accumulating answers from a wider age group gave the research the required flexibility. For the given research, the age of participants was divided into 4 subgroups i.e. 18-25, 26-40, 41-55, 55 and above. Out of the 40 respondents, 7 fell under the age group of 18-25, 16 fell under the age group of 26-40, 12 fell under the age group of 41-55 and the remaining 5 was above the age of 55.The question's graphical illustration is given below:
After the gender and the age group was noted down, all the 40 respondents were given a set of generalised questions along with options stating whether thy "Strongly Agree”, "Agree”, "Neutral”, "Disagree”, "Strongly Disagree” upon the give topic. A total of 12 generalised questions were put forward to the respondents.
The third question stated that "Multiple methods to tackle refugee issues should have already been implemented”. Among the 40 respondents, 11 respondents stated that they "Strongly Agree”, 12 respondents stated that they "Agree”, 7 respondents stayed "Neutral”, 8 respondents stated that they "Disagree” while the remaining 2 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
The fourth question stated that "Children of refugees should be provided with the opportunity to obtain the country's nationality”. Among the 40 respondents, 15 respondents stated that they "Strongly Agree”, 6 respondents stated that they "Agree”, 2 respondents stayed "Neutral”, 7 respondents stated that they "Disagree” while the remaining 10 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
The fifth question stated that "Individuals of refugees should submit an autonomous appeal of nationality procurement choices”. Among the 40 respondents, 6 respondents stated that they "Strongly Agree”, 10 respondents stated that they "Agree”, 3 respondents stayed "Neutral”, 9 respondents stated that they "Disagree” while the remaining 12 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
The sixth question stated that "A system should be in place to enable additional advantages for refugee kids, females and the elderly”. Among the 40 respondents, 17 respondents stated that they "Strongly Agree”, 19 respondents stated that they "Agree”, 1 respondents stayed "Neutral”, 2 respondents stated that they "Disagree” while the remaining 1 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
The seventh question stated that "The 1951 Geneva Refugee Convention must be instantaneously reviewed”. Among the 40 respondents, 2 respondents stated that they "Strongly Agree”, 7 respondents stated that they "Agree”, 10 respondents stayed "Neutral”, 5 respondents stated that they "Disagree” while the remaining 6 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
The eighth question stated that "Protecting as well as providing refugees with asylum should be intended systematically”. Among the 40 respondents, 11 respondents stated that they "Strongly Agree”, 12 respondents stated that they "Agree”, 3 respondents stayed "Neutral”, 6 respondents stated that they "Disagree” while the remaining 8 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
The ninth question stated that "Each country must cooperate with UNHCR in the inclusion of refugees via technological transactions of data on national law and practice”. Among the 40 respondents, 10 respondents stated that they "Strongly Agree”, 9 respondents stated that they "Agree”, 4 respondents stayed "Neutral”, 9 respondents stated that they "Disagree” while the remaining 8 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
The tenth question stated that "One of many severe worldwide problems is the growing amount of refugee colonies in Western countries”. Among the 40 respondents, 12 respondents stated that they "Strongly Agree”, 15 respondents stated that they "Agree”, 2 respondents stayed "Neutral”, 6 respondents stated that they "Disagree” while the remaining 5 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
The eleventh question stated that "The refugee crisis has to be delicately addressed through the search for global assistance”. Among the 40 respondents, 7 respondents stated that they "Strongly Agree”, 21 respondents stated that they "Agree”, 5 respondents stayed "Neutral”, 2 respondents stated that they "Disagree” while the remaining 5 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
The twelfth question stated that "It is essential to closely differentiate legitimate asylum claims as well as illegal migrants”. Among the 40 respondents, 6 respondents stated that they "Strongly Agree”, 13 respondents stated that they "Agree”, 9 respondents stayed "Neutral”, 8 respondents stated that they "Disagree” while the remaining 4 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
The thirtieth question stated that "It is not compulsory to respond the refugee situation in a manner that maintains the EC and its member countries' principles and credibility”. Among the 40 respondents, 1 respondents stated that they "Strongly Agree”, 3 respondents stated that they "Agree”, 1 respondents stayed "Neutral”, 23 respondents stated that they "Disagree” while the remaining 12 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
The final question stated that "It is necessary to develop unconventional as well as sophisticated technology to assist and react to the scenario of future refuge crisis”. Among the 40 respondents, 12 respondents stated that they "Strongly Agree”, 14 respondents stated that they "Agree”, 2 respondents stayed "Neutral”, 7 respondents stated that they "Disagree” while the remaining 5 respondents stated that they "Strongly Disagree” on the given topic. The question's graphical illustration is given below:
4.2 Qualitative Analysis of Data
The research also performed an interview round on the UNHCR representatives, asylum keepers, and EU representatives to serve the objective of undertaking an appropriate qualitative analysis. There are a total of 5 interview questions, which were put forward. UNHCR members were asked the first two interview questions and the answers were recorded accordingly. The questions are as follows:
- Does the framework of UNHCR be modified to implement better refugee support?
The respondent's answer was "As population immigration around the globe continues to increase, the burden for refugees is generally shouldered by intermediate-income nations. Furthermore, the approach of large-scale ideologies continues to remain unsatisfactory, leaving asylum seekers with an uncertain situation. The UNHCR framework is suitable because it offers sufficient assistance to the refugees living in these intermediate-income nations”. The answer also stated that "The implementation of social circumstances allowing refugees to return willingly to their nations of origin must be amongst the top UNHCR changes if any”.
- What is UNHCR lacking?
The appropriate answer that was given stated "In some nations, asylum schemes stay useless as well as unreliable. It is worth noting down the lack of deadlines for confinement as well as the extremely limited percentage of legislative assurances for vulnerable populations in many distant and separated locations of reception centers for asylum seekers. Further, limited access and low quality of state regulatory aid and interpretive services are also lacking” The interviewee further clarified that "Several refugees use drug runner's facilities and frequently travel with migrants on unseaworthy ships, and it is UNHCR's duty to address these problems".
The next question has been placed to the various asylum maintainers. The question was framed in such a way as to address the overall goal of the research. The following question is given below along with the respondent's answer:
- Who are the asylum seekers?
"An asylum seeker is an individual that has attempted to seek refugee security but who have not yet been evaluated for refugee status. Several immigrants were asylum seekers that at a certain stage, therefore, they wedged an internal security statement and had that assertion evaluated by an administration or UNHCR” the answer stated. Alongside this, the respondent added "An individual may be both a refugee as well as an asylum seeker at around the same time, although it is essential to remember that there is still a refugee status irrespective of whether it is officially acknowledged”.
The final two questions were put forward to the members of the EU. These two questions are designed in such a way that it provides the research a transparent perspective about the present scope of the study. The final two questions along with the answers are given below:
- What is EASO?
The answer stated that "EASO stands for the 'European Asylum Support Office' as an organisation developed by Regulation 439/2010 of the European Union to reinforce EU Member State's cooperation on asylum, improve the execution of the 'Common European Asylum System' (CEAS) as well as endorse Member States under the specific influence. The EASO's primary objective is to promote better security as well as cooperation among Member States for asylum seekers”. Further the answer stated that "EASO could provide financial assistance in the event of a big influx of asylum seekers throughout a particular nation.An operational strategy of EASO outlines the objectives of the strategy, the frequency, the region of the country as well as the accountability of the team”.
- How have EU dealt with the European migrant crisis?
For this specific question, the recorded answer was that "3.5 million uneven migrants have joined the European Union since 2010, without a residence permit or verified asylum status Migration has given rise to vindictive conversations on social cohesion, cultural identity, principles, protection as well as regional identity. Member States were unable to compromise on significant measures such as a widespread asylum strategy to disperse migrants between nations, naming into issue the efficiency as well as governance of EU agencies”. The second part of the following answer stated that "The EU must have drawn so many actions to address irregular migration during most of the subsequent migrant crisis. These have resulted in increased EU capacity to handle migration via the development of organizations, strategies as well as solutions to foreign policy.Therefore, all such activities have resulted in an enormous reduction in the amount of employees and this can furthermore be said that the EU has handled this situation relatively efficiently, although some changes might have been made”.
Discussion of findings is one of the important part of every research project and it will signifies all the independent factors that help analyst to recognize the fundamental legal policies as well as legal instruments for the protection of refugees all over the world. Based on Primary analysis it has been identified that refugee crisis is one of the important issues all over the world and it generally hampers the overall political environment of a country. The government of European Union is also trying to implement different rules and regulation regarding special grants to the refugees. At the same time, various government institutions also raised human rights for the refugees. This particular study mainly focused on current refugee crisis in European Union during the year 2015-2016.
It has been identified that implementation of multiple method can tackle the refugee issue effectively and it will help the European Government to get an effective outcome instantly. Majority of respondent agreed strongly with a view to this subject so that most of the publics are aware regarding refugee policies in European countries . As per Geneva Convention It unites prior global methods to identify with outcasts and offers the most extensive codification of evacuees ' freedoms at a global level.In addition, changes to global human rights legislation strengthen the principle that the Convention should be connected without any differentiation as to gender, race, disability, nationality or any other limited ground for oppression.Prevented punishments may include charges of migration or criminal offences related to pursuing shelter, or may be restricted on the grounds of finding refuge in a statutory way.Critically, the Convention includes various security measures against refugee expulsion. The Convention lays down the least basic foundations for the management of refugees, without allowing the Member States with prejudices to find a more perfect solution.These basic freedoms include access to justice, essential training, work, as well as paperwork, such as an evacuee travel archive within the immigration structure.
On the other hand, it has been recorded that, to the extent that the EU is concerned with strict monitoring of the guarantee of displaced persons, there is no specific convention.In any case, as discussed in the next chapter of this research paper, some provisions can be discovered within the European Union's lawful scheme that identifies with the safety of the outcasts ' freedoms. From the findings section it has been clear that the primary aspect of implementing refugee legitimate instruments is to provide them with greater protection by granting them asylum. Its main attention is on shielding and receiving asylum seekers who began with the adoption of the Treaty of Amsterdam in 1997 and the Council of Tampere in 1999.
Moreover the Nationality for refugee children is one of the major problems in European countries and according majority of respondent it has been identified that 37% of respondent argued that the refugee children should be provided the opportunity to obtain nationality. Very few people disagreed and 25% of respondent disagreed strongly so that it is important for European Union to make new regulation for the refugee people. For that reason, EU aimed at the implementation of the tools that set the lowest norms for all EU member states, particularly with regard to a popular asylum system and standardized asylum policy.
It is also important for government to provide additional advantages for the refugee children and female people because majority of respondent strongly agreed with a view to this argument. At the same time, International protection is given to people who are recognized as refugees due to the well-founded fear of abuse.Unlawful economic migrants are not refugees and are needed to return to their countries of origin. Based on historical data, through distinct routes, individuals from several countries have reached Europe for distinct purposes. Even though most of them are searching for legal entrance options, a large number of these refugees are risking their lives to enter Europe and remain as unlawful refugees.
The next research variable question generally focused on the global problem of refugee colonies in western countries. Majority of respondent said that refugee colonies sometimes created problems so that government needs to use effective strategies and legislation to control the overall population of refugee. EU leaders, as well as lawmakers, have rationalized this focus as a political and practical requirement to restore control of Europe's external borders. The next question generally focused on Global assistance to address the refugee crisis effectively. According to the gathered response, it has been recorded that 52% of respondent agreed that global assistance is vital to mitigate this major issues effectively. The government of EU needs to discuss with other countries also.
For that reason, in financial year 2016, According to the European Commission announced new partnership framework for developing relations with third countries.The context message was intended to rephrase EU external connections with host nations but also transits by putting migration cooperation at the core of domestic policy and development support. Using migrants control cooperation as the primary indicator of EU ties with other nations and creating growth assistance and EU overseas affairs as a whole topic to migrants control objectives functions as a sign of a sharp change from the EU's easy animal liberties security as a key strategy structure.
Apart from that, majority of people agreed that a legitimate asylum is important for the illegal migrants otherwise they can create terror problem the country. In this regard, one of the most notable reactions of the ' European Commission ' was the implementation of the European Union's action plan against migrants smuggling. At the same time, government needs to develop different unconventional technology to assists the future refugee crisis effectively. As per the viewpoint of respondent, Majority of people are agreed with this question. In this regard, the EU Additional Action was carried out to tackle Europe's refugee problem, explaining how the Union's worldwide dedication to the ' Global Migration and Mobility Approach ' was built in 2011.
As discussed in the entire paper, the research is precisely focused on the approaches taken by EU regarding protection of refugee and asylum seekers from the time of rapid refugee influx in 2015-2016. At the same time, the study also concentrates on the dictations of 1951 Geneva Convention on the matter of refugee protection. The key points that help to prove the relation between EU policies in context of the international refugee protection laws by UNHCR are elaborately covered in this research work, along with how the former one affects the lives of thousands of refugees living in and entering European countries. This section of the paper basically serves as a revision of the entire research study on the concerned topic, explained in detail in different chapters, and emphasise the critical parts. Besides, a bunch of recommendations and future research ideas have given discussed in the next sections of this chapter.
The prime objective of the research is to recognise various legal policies and instruments on fundamental level on the subject matter and also the comprehend what we can aspire from these policies and instruments in case of international human rights protection of refugees. The study of this paper further concentrates on the commitment of institutions and member states of EU in granting and maintaining the refugee rights and providing asylums to the eligible families. Understanding the "non-refoulement” principles on international level about and its application to EU members beyond their areas was another subject of concern during the research. Above all these factors, the core concentration of the research is definitely the key challenges in the implementation of EU policies and their evaluation from different aspects. All these concerns about global human rights for refugees is briefly or elaborately described with the reviews and opinions of expert scholars, researchers and other professional and knowledgably persons in this field.
In the process of gathering data about on the subject matter, a mixed approach of data collection was followed. Both qualitative and quantitative methodology proved to be in complete assistance during the study. The qualitative approach helped to gather data from online articles, journals, books etc. which contain valuable opinions of experts and this method helped to understand the topic from different aspects as the data is vast and varied in range, although some issues emerged in this process as the refugee protection is a global matter of concern and there are huge variety of topics to study on this. Thus, it was a bit difficult to find to-the-point information that exactly related to the topic of this paper. This is where the quantitative approach came to be useful. For in-depth and core information, the survey questionnaire and interviews taken from EU, UNHCR and CEAS personnel, based on the aim and objective of the research, were adequately what the research needed.
Once the collection of all the necessary data was done, it was mandatory to utilise both primary and secondary method of data analysis for proper comprehension of the research work. While some of the issues of the subject matter were evaluated with the help of primary data analysis process, others were detailed with the secondary approach. As the methodology conducted during the research followed a mixed approach of both quantitative and qualitative aspects, the process of analysing the collected data were similarly important to be done in order to highlight the pivotal factors of global laws of refugee protection, "non-refoulement” principles, key policies by EU and their influence on the rights of refugees regarding health, asylum and protection, EU's agenda on this matter and evaluation of their legal and policy responses. All the data related to the 1951 Convention Refugee Protection and EU policies for refugee has been discussed with their crucial points has also been discussed in an individual chapter to help the readers understand the independent points of the concerned matter.
Experiencing the challenges in the approach of EU towards the 2015-2016 refugee influx in Europe, a set of new steps should be taken by EU governments and institutions like Parliament and Commissions. A genuine sense of responsibility should be evoked amongst the situation of global migration crisis and obedience to the values of human rights at the core of the union.
- Assuring the effort to make migration management external must not the access to human rights protection worse. Design, execution, monitoring and reporting of EU's arrangements for cooperation with third countries in public is to give assurance that this attempt is not intended to push people to fall in hazardous situations, prevent them to access processes for fair asylums and lead towards "refoulement”. Development aid in countries where linkages seems to be present should be delinked from migration control. EU must identify the conditions in Turkey that do not follow the standards of a safe third country asylum and commit to analyse the merits of people who have transited Turkey and now applying for asylums. The union must also ensure that there is no emergence of human rights violations developed by the programs with security forces and other government agencies in nations of origin.
- EU must work on increasing safe and legal channels within itself for reduction of demand risky journeys and smuggling. This could be done through expedition of fulfilling the assurance of existing resettlements and adoption permanent resettlement programme by EU proportionate to the capacity and global requite of the union. When the agreement is absent on programme of collective resettlement, every country should join others outside the EU and step up commitments of resettlements including via new and innovative agenda that involve the private industry and sponsorships, educational industry and local community. The capacity of UNHCR of processing more incidents of resettlement must be considered for expansion by EU and move promptly to applying alternative pathways from legal aspects like humanitarian, visas for workers and students, refugees, migrants, asylum seekers and private sponsorship who fail the eligibility for resettlement of family reunification.
- The civil society organisations and authorities in international level including UNHCR and UN should take some recommendations in full consideration. The step taken against the challenges of EU policies for protection of asylum seekers is to assure the proposed reformations of CEAS, which is a subject for precise investigation. Alongside, a view must be provided to the most possible standards regarding asylum processes, conditions of reception, rights and entitlements of beneficiaries.
- Reformation of the Dublin system is another crucial step recommended in the process of refugee protection in Europe. The reformation should addresses the basic defects of the system by at least through the creation of incentives for asylum seekers for remaining instead of imposing of sanctions to move onward and provision of incentives for the EU Member States in sharing the responsibility in a way which is more reasonable.
6.3 Future Scopes of Research
The current research is conducted on the matter of EU policies' influence on refugee and asylum seekers protection during 2015-2016 in regard with 1951 Geneva Convention for Refugee Protection. There is no probable gap in the methodology of the research as it uses a mixed approach with both primary and secondary analysis; hence, the methodology in the current paper will help other researchers to study on the subject matter in future. But a number of various adaptations, experiments and tests have not been used because of various reasons. The research study in future regarding the global issue of protection to refugees and migrants is concerned with in-depth analysis of certain mechanisms and new proposals in attempting different approaches.
The refugee crisis and increased demand for asylums in Europe from have been a burning issue for the member states of European Union in recent time. This study on the refugee protection at international level and the approach of various agenda by EU on the matters of migration and providing asylums precisely concentrates on the factors that are to the point related with the subject matter. This will, in future, evoke the study topics related to global refugee issue, EU policies for other refugee concerns, response of UNHCR to the recent migration issue in entire Europe, detailed dictates of regulations and responsibilities bestowed in the 1951 Convention and such other crucial matters which are being discussed on international level.
One of biggest concern during the refugee crisis is the dangerous ways that the migrants take to flee from their origin country to European lands, which could not be mentioned in detail and can be an important matter to study further. The research paper also provides more research topics which are crucial concerns for the entire world today, including different refugee policies in different countries, calculation and ratio of refugees and asylum seekers in different parts of Europe, procedure for legal and illegal migration, identification of refugees and criteria for providing them asylums, protection of girl and women migrants and asylum applicators etc.
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