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Nice Treaty will deny human rights to asylum seekers

category national | miscellaneous | news report author Wednesday October 16, 2002 18:25author by Phuq Hedd

Financial Times article

A further unpleasant aspect of the Nice Treaty appears to be that it will be deemed impossible to be an asylum seeker if the the applicant originates from one of the 10 eastern European "accession countries" that will be added as inferior colony-states to the EU. So, instead of evaluating the case asylum will be automatically refused because the country is "safe".

Doesn't this violate the Article3.1 of the UN Declaration on Territorial Asylum?

http://www.unhchr.ch/html/menu3/b/o_asylum.htm
Article 3
1. No person referred to in article 1, paragraph 1, shall be subjected to measures such as rejection at the frontier or, if he has already entered the territory in which he seeks asylum, expulsion or compulsory return to any State where he may be subjected to persecution.

Unless what it's telling us is that there's an expectation that there'll be a mass influx of asylum seekers from eastern European countries which are going to have a permanently lower living standard compared to the rest of Europe and we want to keep them there working unhappily as a handy outer colony? Sort of gives the lie to the pseudo-liberal claptrap about letting eastern Europeans into the EU for their own good.

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EU in move on asylum claimsBy Michael MannPublished: October 16 2002 5:00 | Last Updated: October 16 2002 5:00

Asylum claims from citizens of the 10 countries expected to join the European Union in 2004 will be rejected as unfounded under plans agreed yesterday by EU interior ministers, based on an initiative from David Blunkett, home secretary.

Ministers agreed to treat applicant states as "safe", meaning that their citizens have no reason to apply for refugee status in the EU. This is in line with amendments to the nationality, immigration and asylum bill. Officials said the UK received more than 1,000 asylum applications from citizens of the EU applicant states in the second quarter of 2002. Michael Mann
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Related Link: http://makeashorterlink.com/?O1D523822

Comments (4 of 4)

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author by lovely does it - reclaim the genome!publication date Wed Oct 16, 2002 21:38author address inside fortress Europeauthor phone

Kein mensch ist illegal
(no man is illegal) is a German based open border campaign network, they produce a handbook to asylum and alien law for Germany, the countries to the immediate east of Germany have already been deemed "2nd class EU" by a multiplicity of German laws, the same goes for southern Europe aplicants.
Malta is somewhat different. Tomorrow ILll post the links and maybe the Irish legalheads could see if the Nice stuff would copperfasten these legal restrictions on the poor of the East or indeed as often is the case offer loopholes.
And when the "russian training sailing vessel" "Cardov" gets to Malta ILll let you know what the legal status of that little island is vis a vis aliens and asylum seekers.

The German change to "third party country of origin" status provoked one of the most interesting strikes in modern Germany that of Lufthansa pilots who refused to fly planes carrying asylum seekers being forcefully repatriated. ILll tell you all more about that tomorrow as well.
oh yeh Cyprus too...

Related Link: http://noborders.org
author by gippublication date Wed Oct 16, 2002 23:25author address author phone

But surely under EU law, any person from any member State is entitled to live and work in another member state, rendering this a non-issue. They don't need to seek asylum!!!

author by MGpublication date Thu Oct 17, 2002 08:59author address author phone

The majority of the current 15 member states have decided to restrict the free movement of citizens from the accession states, so asylum is an issue...

author by iosaf = o as ifpublication date Thu Oct 17, 2002 11:44author email iosaf at email dot comauthor address author phone

on this website is published the german handbook to asylum and alien law by Hubert Heinhold.
There is an English translation provided on the website but the German is recommended by lawyers.

Its been on line for several years and has been adjusted only a little bit.
the exact address of the bits relevant is
http://www.proasyl.de/lit/leitfaden2/leitfaden2a.htm

and go see http://noborders.org
if that link is down and it is often
go to american friendly pamhlet

http://www.united.non-profit.nl/pages/info07.htm

which outlines application of Shengin shenanigans for groups.

Related Link: http://www.proasyl.de


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