Malmström warns EU states of illegality of migrants’ pushbacks

The European Union's home affairs commissioner Cecilia Malmström yesterday sent a stark warning to member states that the pushbacks of asylum seekers were "illegal" and that countries like Malta had to guarantee access to the asylum procedure.

The Swedish commissioner was addressing member state representatives at a relocation forum intended at encouraging them to relieve small member states like Malta from the pressures of asylum claims due to their concentration at the borders of the EU.

"It's only fair if I state the obvious," Malmström told member states. "However tough the situation gets, push-backs are illegal and contrary to the principle of non-refoulement. Access to the asylum procedure must be guaranteed.  There is a responsibility to give decent conditions and to integrate people," she said.

Joseph Muscat's government was stopped by a temporary order from the European Court of Human Rights in July, from effecting a pushback of over 50 asylum seekers, back to Libya, without having submitted an asylum claim.

Malmström said the relocation forum was an opportunity to discuss pressure on member states like Malta, and those from future crises such as the potential increase in the number of Syrian asylum applicants to Cyprus, Bulgaria, Greece or other member states.

"We are now also faced with the possibility that there could be significant increases in applications for asylum to countries within easy reach of Syria like Bulgaria, Malta, Cyprus, Italy and Greece. The situation in Egypt remains unstable and could have implications for migratory flows. We have a problematic situation in the Horn of Africa."

Malmström said member states had to reflect on what solidarity meant and what a true common European asylum system would entail when five member states already take up 70% of the EU's asylum seekers - people who are still in the process of obtaining some form of international protection.

"The instrument of relocation could give a very good opportunity for those Members States who have few asylum seekers to take more responsibility in our common system. It is also an opportunity to gradually build up a fully functioning reception system. Some of the member states today are truly in need of help and others can therefore make an important contribution by alleviating others. Lesser-pressured member states can show solidarity."

But EU countries also fear that a relocation of asylum seekers could serve as a pull factor and encourage migrants to attempt the hazardous Mediterranean crossing from Libya over into Europe. "But we should not refuse to show solidarity to another member state because we decide that relocation creates a pull factor when we have no evidence to substantiate that claim," Malmström told her audience yesterday. 

Relocation could provide immediate relief to countries whose asylum system is under pressure, which is why the European Commission wants to provide financial assistance for relocation.

Among the participants yesterday were member states and EU associated countries, representatives from the European Parliament, European Asylum Support Office (EASO), UNHCR and International Organization for Migration.