Netherlands: Reaction to UNHCR critique
01 November 1997
The Dutch government has rejected criticisms levelled at the new "Aznar protocol" by the UN High Commission for Refugees (UNHCR). The government's statement came in response to a written question from Paul Rosenmoller, of the Groen-Links (Green-Left) parliamentary group.
The protocol states that asylum requests from EU citizens can only be considered "in exceptional circumstances", namely when the constitution of the member-state has been suspended or it has been noted that there are "serious and continuous violations of human rights". The UNHCR claims in an analysis of the protocol that it is potentially in conflict with the Geneva Convention on Refugees.
The Dutch government claims in response that the protocol "does not remove the right of member-states to unilaterally decide to consider requests of citizens from other member-states under article (d) of the protocol. Although the member-state must start from the principle that these requests are clearly unfounded, the protocol does not remove the authority of the member-states to consider the individual merits of the asylum request."
The government did however refuse to back Belgium in stating that it would "treat every asylum request from a subject of a member-state on an individual basis". It stated that all Belgium was doing was confirming its obligations under the Geneva Convention, which the Dutch government also endorses, therefore "confirmation through means of a statement is not necessary".
Amnesty and UNHCR criticisms
The Protocol on asylum for citizens of the European Union member states, the so-called Aznar Protocol, is a clear violation of the Geneva Convention on Refugees. It defines all EU member states as "safe countries", implying that there are no human rights violations in any member state of the EU. Asylum applications from EU citizens will be automatically rejected as manifestly unfounded. The Geneva Convention on Refugees, however, forbids discrimination on the basis of nationality. UNHCR and Amnesty International have criticized the Aznar protocol for laying down standards within the EU which fall short of international standards, thus giving a wrong signal to other regions such as the CIS or Asia. On the eve of the Union's enlargement to eastern Europe, this protocol erodes the system of international protection for refugees. By excluding international organisations such as the UNHCR in the formulation of the common EU refugee definition and the interpretation of the Geneva Convention, EU member states have been undermining international organisations and international minimum standards.
Amnesty International: The Amsterdam Treaty and the protection of refugees, 7.11.97; UNHCR press release, "UNHCR concerned about restricted access to asylum in Europe", 20.6.97; Written Answer Parliamentary Report of the lower chamber of the Dutch Parliament, 26.9.97.<