Commission proposes forum to consider relocation of beneficiaries of international protection

The European Commission intends to host an annual relocation forum to consider the relocation of beneficiaries of international protection.

This proposal is not, however, about the relocation of irregular migrants without status.

A spokesperson for European Commissioner for Home Affairs Cecilia Malmström confirmed to MaltaToday that the forum, the first of its kind, is likely to be held in the early autumn in Brussels.

While details have not yet been finalised, it is expected that all member states and four associated countries - Norway, Switzerland, Iceland and Liechtenstein - will be invited, together with the European Asylum Support Office.

Libya, which the Maltese government deems to be "an important partner" in tackling the migration issue, will not be invited to the forum. Malmström's spokesperson insisted that the issue of intra-EU relocation should be kept separate from any discussion with third countries.

The decision to hold the forum follows a failed attempt by the Maltese government to push back 45 migrants to Libya, which was stopped at the eleventh hour by the European Court of Human Rights.

Prime Minister Joseph Muscat has since denied it was "a botched plan", insisting the government had never taken a final decision to send back the migrants: "We wanted Europe to wake up and small the coffee," he told news channel Al Jazeera English.

The relocation forum will not be restricted to discussing Malta's migration pressures solely but will also tackle the pressures faced by other Member States.

In comments to this newspaper, Malmström's spokesperson insisted the European Commission was fully aware of the particular pressures facing Malta's asylum system: Malta receives the highest number of asylum applicants, as a percentage of the total population, of any EU Member State.

"The Commission is therefore committed to the policy of relocation and aims to use the relocation forum as a way of maintaining the momentum for relocation," the spokesperson said.

"The Commission has made a plea to other Member States to assist Malta in dealing with the inflow, via the relocation of beneficiaries of international protection from Malta to other Member States."

The Commission has insisted relocation was one of the most tangible acts of solidarity available to Member States to relieve pressures on other Member States' asylum systems.

Under the new Asylum and Migration Fund, which will be implemented in 2014, the Commission also suggested a lump-sum figure be provided to Member States for each person that they relocate as an incentive to encourage relocation.

In order to budget for this, Member States would need to provide the Commission with their pledges for the first two years of the fund.

"The relocation forum will be an opportunity for member states to discuss relocation needs, to help them decide how many places to pledge for relocation over the period 2014-15," the spokesperson said. "It will also be an opportunity for Member States to consider any more immediate offers to relocate, in view of the pressures faced by Malta over the summer months in terms of new arrivals."

The Commission admitted that most Member States "appeared to be more comfortable" with relocating beneficiaries of international protection.

"It will also remind Member States of the possibilities to relocate applicants as well," Malmström's spokesperson added.

'Obligation to allow access to asylum protection'

The European Court of Human Rights gave the Maltese government until yesterday to confirm that it had considered the claims of some 45 migrants whom it originally had scheduled to deport to Libya without hearing their requests for asylum.

According to the human rights NGOs who staged an impromptu protest outside the police headquarters in Floriana on 9 July, the government had refused the migrants access to the NGOs.

The European Commission is insisting that whatever the pressures facing Malta, the Maltese authorities must continue to abide by international and European law.

"That means that Malta continues to have an obligation to rescue migrants at sea within its territorial waters and to allow access to the asylum procedure. There should be no question of a threat of pushbacks to Libya. All asylum cases must be heard in full compliance with the law," Malmström's spokesperson said.

She also insisted the European Commission was viewing the situation of migrants and refugees in Libya with concern and continues to monitor it.

"The European Commission is committed to assisting Libya, through financial and technical assistance and political dialogue, in the broad and challenging objective of ensuring that its border, migration and asylum management system meets international standards."

The European Commission is also set to support Libya by financing projects within the country to tackle the more immediate human right concerns of migrants, namely their access to asylum or other forms of effective protection.

"To this effect, the European Commission cooperates with and supports missions to the country of other international actors such as the IOM and UNHCR," the spokesperson added.

Since 2005, 671 migrants relocated from Malta

In total, 671 persons have been relocated from Malta to EU or its associated countries since 2005, representing around one in 30 of the number of asylum applicants to Malta in that period.

Malta has received significant EU assistance in recent years through the European Refugee Fund, and EU funding will continue to be available (also under the forthcoming Asylum and Migration Fund).

Malmström's spokesperson said if the Maltese authorities were to ask for it, the European Commission was ready to engage in discussions on further measures through the European Asylum Support Office. EASO can provide support teams - for example, to assist Maltese authorities at the screening stage or through Frontex joint operations.