By Bruno Waterfield - 23rd May 2006
The European commission has failed to agree a proposed list of “safe countries of origin” from where applications for asylum in the EU would be dismissed.
European justice commissioner Franco Frattini tabled a safe list of eight African countries but has been asked to think again.
He will return in two weeks’ time with new proposals that will miss the scheduled agenda for a June 1 meeting of Europe’s justice ministers.
“We are going to review and integrate not only with Africa but with countries from other continents,” he told journalists.
The inclusion of countries such as Benin, Botswana, Cape Verde, Ghana, Senegal, Mali and Mauritius divided commissioners.
Of particular concern, Frattini confirmed, was the inclusion of Mali amid concerns over the practice of female genital mutilation.
The inclusion of Botswana, where the death penalty is in force and homosexuality is illegal, has also raised some eyebrows.
But the EU executive and justice officials under Frattini has changed position on the safety of African countries.
In 2004, the previous justice commissioner Antonio Vitorino opposed putting Benin, Botswana, Ghana or Senegal on a safe list – a stance that seems to have changed.
Frattini and EU officials regard a common safe list as vital to turn EU agreement on asylum procedures into substance.
He also highlights the 15 per cent of multiple asylum applications from refugees “shopping” for the best regime across the EU’s 25 different administrations.
“We need a European list of safe countries. We have been carrying out evaluations of a list prepared in 2004,” he said.
“In order to avoid asylum shopping we have to have a common list.”
The Italian commissioner is to come back with a wider list – minus Mali – and will table proposals under the Austrian EU presidency before the end of July.
“In two weeks’ time I will come back to the college and present a substantial proposal and I will explain this to ministers next week,” he said.
Agreement will depend on all 25 member states and, possibly under a pending EU courts ruling, equal legislative weight for MEPs.
“It will depend on the consensus of each and every member state. It will depend also on the assessment of the European parliament,” said Frattini.
“We can not adopt a list without a clear opinion of the European parliament, even without co-decision we can not ignore it.”
Frattini emphasises that any list will not rule out asylum claims from any named safe countries if refugees face “individual persecution and risk”.
“The inclusion of a country in the list does not mean at all that responsible national committees or judges are allowed not to carry out an individual assessment,” he said.
“There is no contradiction between a safe list and granting refugee status to someone from one of those countries.”
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