Issue link: https://maltatoday.uberflip.com/i/567101
maltatoday, SUNDAY, 6 SEPTEMBER 2015 15 repressive regimes where they might face arbitrary imprison- ment, torture or even death. These are realities which, unfortunately, many refugees currently seeking asylum in Europe have experi- enced." Any 'common approach', she ar- gues, must take this reality into ac- count; and also, the reality of what these people want. "It's what we all would want in the same situation. Not just safety, not just survival… that is the first and most basic hu- man need, yes. But people don't want just to be warehoused, or kept in a safe place and just wait. They want to live their lives to the full: to have access to employment, to feed their families, to educate their children. In brief, the possi- bility to live in dignity. Unless we take all this into account, we will never address the root causes of this challenge…" Echoing the views of many hu- man rights NGOs, Camilleri points out that many of the 'problems' as- sociated with 'migration' are actu- ally caused by Europe's failure to respond adequately to the crisis. "The European approach to mi- gration is consistent on only one point: across the board, it is com- pletely fragmented. It's simply a case of each country to itself. And each country is looking to carve out the deal that they perceive to be in their best interest. "This is the root of the problem that Europe is facing. We portray the refugees as the problem; and we insist on clinging to this per- ception. Of course, refugees ar- riving in such numbers do pose a huge challenge; in no way am I minimising the impact that this has. But the way we are dealing with these arrivals is what is caus- ing major problems for European states…" Just yesterday, German Chancel- lor Angela Merkel admitted that Dublin II – the European directive concerning asylum – needs up- dating to reflect the present real- ity. Part of the problem concerns the fact that this directive aims to provide a common asylum policy for all member states; but because each country interprets the law ac- cording to its own exigencies, the resulting policy is not 'common' at all. This, Camilleri points out, is part of the reason why the death toll has increased. As evidenced by the recent discovery of 70 dead bodies in a truck in Austria, it seems that asylum seekers are not just dying in the attempt to reach Europe; but also in the attempt to get to other parts of Europe once arrived. "What we are seeing today is that, even within Europe, asylum seek- ers are forced to turn to human trafficking networks to make their way to the countries they wish to go to. Effectively, this means that smuggling networks within Europe are becoming ever more efficient, because the demand for their serv- ices is growing. "This is why we are suddenly seeing migration-related deaths in Europe, too. 70 dead in a truck in Austria: all asylum seekers; all forced to seek human traffickers not just to get from their country of origin, but even after they arrive. For me, that is completely shock- ing… I won't say 'more' shocking than other cases; but this is a new and very worrying development." This new development seems to also stem directly by internal flaws in the EU's structures. "If there truly was a common Eu- ropean asylum system, which was consistent and uniform through- out the 28 member states – if peo- ple could live with dignity wherev- er they went in Europe, and could access support – then surely there wouldn't be as much pressure to go to countries which are perceived as offering better standards. I think that, at the end of the day, Europe is failing itself; but we are also fail- ing the people who need our sup- port and solidarity the most…" This raises the question of what can be done to address this crisis. JRS has long been pushing for safe, legal ways to access protection. And judging by recent political statements in Europe, this view is gaining momentum. Various European countries have 'made exceptions' to their stringent im- migration policies to accommo- date Syrian refugees. Yet many of these refugees are still denied legal access. Katrine Camilleri talks of Syrians who arrived here in Malta by boat, after trying (and failing) to obtain visas to get to Europe legally. "The family of that toddler were in the same category. They had relatives in Canada they were try- ing to get to. Here in Malta we hear the same story over and again: about going from embassy to em- bassy, begging for a visa… and not getting it. "I have seen so many valid pass- ports of people who are no longer alive; but who, had there been the legal means to get to Europe safely, would be both alive and in a place of safety. Unless and until people can access Europe through nor- mal channels, smuggling networks will continue to flourish… and we can set up all the taskforces in the world; we can do all sorts of things to their boats… but still they will keep flourishing, because there is a demand." At this point a paradox swims into view. Why do countries con- tinue to resist the proposal of legal channels, when even their own governments call for it themselves? Malta is a good example: this week, Prime Minister Joseph Muscat, together with Italian PM Matteo Renzi, likewise called for 'legal means by which [asylum seekers] can access Europe'. There seems to be growing con- sensus on the issue. What, there- fore, is actually stopping Europe from creating such means? Camilleri replies without hesita- tion: "Lack of political will". "All we ever see after every death, after every tragedy, is a lot of pub- lic 'commitments' to action… but never any action. Even the politi- cal statements themselves: we hear politicians from all over Europe calling on 'the EU' to do some- thing… like 'the EU' is some other entity they're not even part of. We ARE the EU; but if we can a take a step ourselves… do we take it? This is the question. There are concrete steps we can take: we can make it easier for people with humanitar- ian protection to bring their fami- lies here safely…" Lack of adequate family reunifi- cation measures, she continues, is itself a factor contributing to recent tragedies. Some of the people in those horrifying images were try- ing to reach family members who had already arrived in Europe. "If this possibility existed, most of the people dying today would not have got on board that boat, or into that truck. That would be a last resort after all else fails. This is what this is all about: creating safe and legal means, so that these people won't have to go through all that just to ask Europe for protec- tion." This brings us back to Muscat's public endorsement of the human- itarian visa issue. Logistically it is a doable thing – several countries are, in fact, doing it as we speak – yet the Prime Minister appears to be urging others to do what he could easily do himself, but so far hasn't. Is there any legal impedi- ment to stop the Maltese govern- ment from issuing such visas? "No. Every country can do it. Just as Germany has issued humanitar- ian visas, Malta can do the same. And if you look at the EU today – especially after the Syrian crisis – most member states are in fact allowing family reunification for people with subsidiary protection. "There are restrictions; and not all countries do it the same way. But they are allowing those fami- lies safe and legal means to get to their country. Malta is one of only two countries in the EU where this is not possible. This is one thing we can certainly do. It's not enough to stand up and make loud noises. We could lead by example. An ex- ample preaches far louder than a million words…" Malta has a very specific need for such legislation, she continues. "Under the present rules, family reunification is possible only for recognised refugees… and there are uncertainties even for some recognised refugees: like those who marry after being granted protection, for instance. "But people with subsidiary pro- tection – and even less so, those granted temporary humanitarian protection – don't have this right at all. So yes, the Maltese govern- ment will offer you protection; but you will live here safely, knowing your family is in a refugee camp in Jordan, in Lebanon… or still in Syria, for that matter. If these peo- ple could bring their families here safely, they wouldn't need to get into a boat to come here." In the end, she adds, it all goes back to the usual pattern of 'plenty of talk, no action'. "As far as I'm concerned, Merkel can say certain things because Ger- many is putting its money where its mouth is. It is taking in more refugees. It is stretched, yes… but at the same time they are provid- ing refuge, they are doing their bit. They have a lot to be proud of. And they can speak with credibil- ity, because they are actually doing something." Interview There is nothing stopping the government from providing 'safe, legal' passage for asylum seekers. Jesuit Refugee Services's legal counsel KATRINE CAMILLERI urges Malta to translate its own words into action than public declarations Men, women and children have been dying on Europe's doorstep, and drowning in our seas, for years. It didn't start now Other EU states are allowing families safe and legal means to get to their country. Malta is one of only two countries in the EU where this is not possible SAFE, LEGAL CHANNELS ONGOING TRAGEDY