Asylum and integration policies

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The CPS Asylum and Integration Policies subprogram started out in 2003 with a focus on human rights of vulnerable foreign migrants, especially asylum seekers, refugees and undocumented migrants. Our priority is the affirmation of the right to asylum through raising public awareness, establishing a fair-decision making system, transparent and responsible institutions, public advocacy, and contribution to the development of integration policies through research and education. 

Although the primary work of CPS does not include social services, we are aware that the social inclusion of asylum seekers and refugees is extremely weak in the Croatian society. Therefore, within our work we are prioritizing the development of sustainable cooperation with local organizations and institutions in Zagreb and Kutina (70 km east of Zagreb) in offering information and social services to asylum seekers and refugees along with involving citizens, NGOs, media and other social actors in providing direct support to the refugees. We often have to criticise the Croatian legal framework for foreigner extradition, especially persons whose international protection was recognized in another EU country (Law on International Legal Aid in Criminal Matters), and the deficiencies in the judicial system in applying the international legal principle which forbids the repatriation of foreigners to territories where they face torture, inhuman or humiliating treatment and inappropriate or cruel punishment.

Since 1997 the number of asylum seekers in Croatia has been growing, and has risen above 3,000. The number of people living in asylum seeker centres in Zagreb and changes daily and depends on social, political climate as well as climate changes in certain countries. By the end of September 2013 Croatia has approved the status of refugees to 52 persons and the status of subsidiary protection to 48 persons (according to data provided by Ministry of Interior). Persons that have been approved for protection hail mostly from distant south-eastern countries of different cultural and political backgrounds (Afghanistan, Russia, Turkey, Armenia, Eritrea, Iraq, Somalia, Syria, etc.).

Persons requesting asylum are refugees fleeing from their countries due to justified fears of their lives being threatened. Ergo, they are fleeing their countries for reasons very similar to those that made Croatian citizens flee to other countries before and especially during the 1990s (where they have been offered protection). Asylum is a form of legal and political protection awarded to refugees who feel reasonable fear of persecution because they belong to a particular race, ethnicity, religion, social group or for their political opinions. The right to asylum is provided for any person able to prove this fear of persecution. Asylum seekers are: minor and adult men and women, educated people, socially vulnerable persons, victims of human trafficking et al. Another form of protection is subsidiary protection, provided to foreigners who do not meet asylum criteria, but there are still valid concerns that he or she faces a real risk of serious injustice if returned to their country of origin. 

In our work we noted that confusing the term refugee with so-called irregular migrants is a common occurrence. Although many irregular migrants become asylum seekers, these are people caught at border crossings or within Croatian territory without valid papers. A common term used to describe them is ‘illegal immigrants’, but we wish to point out that individuals are not and can in no way be illegal immigrants – it is their actions that are illegal, not they themselves, which is why they should be called irregular migrants. Irregular migrants are mostly confined in the Ježevo collection center for foreigners, a detention center near Zagreb.

 

The issue of asylum and asylum policy in Croatia is under the auspices of several institutions: the Ministry of Interior (in charge of the first instance of asylum requests, reception of asylum seekers, collection of their depositions and intent and approving or denying their asylum requests), the Administrative court (a negative decision in the first instance can be appealed here, and the asylum seeker has the right to free legal aid), the Ministry of Social Policies and Youth, the Ministry of Health, the Ministry of Culture.

In February 2013, Croatia accepted the Migration Strategy within which a permanent committee for integrating foreigners into Croatian society was formed. A workgroup for operative execution of tasks set by the permanent committee for integrating foreigners into Croatian society was assembled along with the committee. The workgroup held its first meeting in May 2013. The committee and workgroup have been formed seven years after the first asylum request has been granted in Croatia.

An informal Asylum Coordination exists within Croatian Legal Center, made up of members of organizations and institutions whose work is closely tied to this area. Meetings of the Coordination are useful for mutual information exchange and reinforcing of inter-departmental cooperation. An informal Coordination for Integration also exists, run by the Center for Peace Studies, with current members coming from NGOs attempting to include refugees in their daily activities.

Since the beginning of our work in this area, we have encountered complex multi-layered problems:

•Xenophobia and an increase in stereotypes and prejudice towards asylum seekers and irregular migrants

•Restrictive asylum and integration policies

•An emphasis on the security aspect of the subject matter, instead of its human rights aspect

•Insufficient coordination of relevant ministries and other government offices in the area of human rights protection of asylum seekers, refugees and other displaced persons

•Insufficiently developed integration policies for refugees and persons under subsidiary protection (along with insufficient cooperation along the institutions themselves, as well as their cooperation with NGOs)

•Weak media representation of subjects concerning asylum seekers, refugees, asylum policies and similar issues

In 2004 we initiated the ‘Asylum in Croatia’ action research through the cooperation of Peace Studies and the Affirmation of the Right to Asylum program – the first research conducted on asylum in Croatia. The research was focused on assessing the institutional framework and its qualities in the area of asylum policies and the treatment of asylum seekers, and direct work with asylum seekers with a focus on personal histories (reasons for fleeing their homelands, the journey to Croatia, expectations of life in Croatia).

The results of that research led us into a campaign that lasted for several years – ‘Hrvatska – (k)raj na zemlji’ (Croatia – (end)/Heaven on Earth). The aim of the campaign was to start a professional and public discussion on the rights of asylum seekers, and to improve the entire asylum policy in Croatia as well as the cooperation of relevant institutions and organizations dealing with the development of integration policies. As part of the campaign, we organized the first international conference on integration policies and the asylum system.  

 The recommendations from this conference were published in an integration manual intended for use by institutions with the title ‘Asylum in Croatia – Integration Policies’ and the ‘Asylum as a Human Right’ exhibition presented in Sisak, Slavonski Brod, Rijeka and Zagreb which was comprised of  artwork in various forms (from paintings to photographs, sculptures, mosaics and literary works). We also organized four round tables on the rights of asylum seekers (Foreigner in my Backyard, Od t'ge za jug na zahod et al.) and a series of public forums, media appearances. In addition to that, we conducted direct work with asylum seekers through Boal theatre workshops and by starting a Croatian language course. A relevant product of our campaign is also the ‘Hrvatska – (k)raj na zemlji’ documentary, created in association with Fade-IN. In 2005 we published an Institutional Guide for Asylum Seekers in several languages (Croatian, English, French, Turkish, Farsi, Arabic, Albanian, Hindi etc.) which are revised in accordance with developments in the law.

Since 2004 we have been holding Croatian language course. Since mid-2006 the course is being run regularly by involved volunteers, mostly Peace Studies participants, Center for Peace Studies members, and other interested individuals. Before getting to work with asylum seekers, the volunteers undergo intense training, and their work is monitored and supervised. By the end of 2012 we held around 768 hours of Croatian language course for around 200 asylum seekers and refugees.

In addition to the Croatian language course, volunteers are also involved in work on asylum policies, research activities, and various activist undertakings with the aim of discussing this subject in the public sphere. We issue a public call to all citizens every year, asking them to get involved as volunteers in activities linked to asylum and migration. Activities are conducted every year, with new ones being developed all the time. Past events organized by our volunteers include: commemoration of the International Day Against Fascism and Antisemitism, a lecture on Nigeria in Zagreb's Travno neighbourhood, participation in culinary presentations of dishes and flavours of different countries and cultures, and art workshops and other activities.

Although the primary work of CPS does not include social policy or social services, we have noted that the social inclusion of asylum seekers and refugees is extremely weak and within our work we prioritize the development of sustainable cooperation with local organizations and institutions in Kutina and Zagreb in offering information and social services to asylum seekers and refugees and the opening up of the asylum seeker centers to such services. In line with that, we organized two round tables in 2013, one in Kutina and the other in Zagreb, where we invited the local populace to discuss the issues arising from their coexistence with asylum seekers.

Since the first asylum was awarded in Croatia, we have worked on the development of integration policies for refugees, people who might spend the rest of their lives in Croatia where they face extremely difficult living conditions regarding learning the language, job opportunities, further education, living arrangements, and adequate social care and healthcare. CPS has mostly been handling that issue through advocating integration policies with institutions, and offering direct aid to refugees in their integration and overcoming every-day issues. Daily legal advice and aid is an important part of our work in that aspect, and we also organized ‘integration workshops’ in which, together with members of the Integration Coordination, we came up with an intercultural exchange program between refugees, volunteers and professionals. We discussed the history of Croatian society, communication skills, cultural differences, stereotypes and prejudice. The workshops received positive feedback and are used as a foundation for the development of new activities.

Since the end of 2011, we have been actively campaigning against a flawed legal framework for the extradition of foreign nationals, and in particular with regards to vulnerable foreign migrants (Law on International Legal Aid in Criminal Matters), and the deficiencies in the judicial system in applying the international legal principle which forbids the repatriation of foreign nationals, especially refugees, to territories where they face torture, inhuman or humiliating treatment and inappropriate or cruel punishment.

LEGAL AID

Centre for Peace Studies has continually been working on the improvement of human rights protection in Croatia, which is a requisite for permanent and sustainable peace. We aim to increase human rights protection standards, through education and exchange of experience in using the standards of the European Court of Human Rights, and the Court itself as the final resort we turn to when the national judicial system fails. To that end, we cooperate with a team of lawyers who attended education seminars on the European Convention for the Protection of Human Rights and Fundamental Freedoms organized by CPS.

Furthermore, through our direct work on providing free legal aid, we detect strategic cases where we recognize that the relevant institutions have not been complying with international or European standards.

By taking on such cases we aim to increase the awareness of problems present in the society with the goal of changing certain laws or practices.

Centre for Peace Studies offers free legal aid in the following areas:

-           Discrimination, especially on the basis of race/ethnicity/skin colour, religion and national heritage

-           Issues of status: asylum, subsidiary protection, citizenship, temporary leave to stay, permanent leave to stay

 

Centre for Peace Studies provides legal aid on Tuesdays from 13:00-15:00 at the Human Rights House, Selska street 112c, Tel. + 385 (0)1 64 13 711. Trams 9, 3 and 12 to Ljubljanica (exit on tram stop ‘Selska’, Human Rights House is in the courtyard on the crossing of Ozaljska and Selska streets).

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