(1)

The number of refugees and others in need of international protection is rising globally. As a result, there is a need to strengthen the Union’s capacity to fulfil its moral duty to provide effective assistance. All Member States should participate in the Union’s collective efforts to show solidarity to those in need of international protection by offering legal pathways to the Union and enhancing the protection space outside the Union.

(2)

This Recommendation aims to support Member States’ sustained efforts in providing and enhancing legal and safe channels for those in need of international protection. In particular, recommended action aims to show solidarity towards non-EU countries where a large number of people in need of international protection is displaced, contribute to international resettlement and humanitarian admission initiatives and to better overall management of migration.

(3)

The Union is working on developing and enhancing the protection space in countries of transit, destination or first asylum in order to assist both people in need of international protection and migrants who are particularly vulnerable, as well as help host communities. The Regional Development and Protection Programmes (1) in the Horn of Africa and North Africa and the Middle East support, among others, upholding and improving the protection space through capacity development of national systems and supporting authorities and civil society. They provide protection by offering direct assistance to those in need of international protection. All actions are delivered by implementing partners. The programmes support durable solutions for those in need of international protection, in particular resettlement, by ensuring screening and registration, facilitating the effective determination of refugee status as well as by directly supporting the resettlement operations of the United Nations High Commissioner for Refugees (UNHCR). Member States are called upon to play an active role as consortium members or make financial contributions to support and implement the Regional Development and Protection Programmes in order to strengthen the external dimension of EU migration policy.

(4)

Resettlement is an important tool for offering protection to those in need of international protection and demonstrating global solidarity with non-EU countries to help them cope with large numbers of people fleeing war or persecution. It is also a key element of the Union’s comprehensive asylum and migration policy: by offering safe and legal pathways for those in need of protection, resettlement helps save lives, reduce irregular migration and counter the business model of smuggling networks. Resettlement is also an important and integral part of the comprehensive approach to migration when engaging partner countries on the whole spectrum of migration-related areas.

(5)

The UNHCR has confirmed that the global resettlement needs remain high, with 1,44 million cases in 2020. This number is expected to increase in the coming years.

(6)

The first Global Refugee Forum, which was held in December 2019, took stock of progress on implementation of the UNHCR’s Global Compact on Refugees (2). It mobilised broad international support for seeking durable solutions for the world’s refugees, including solutions for resettlement and expansion of the number and range of legal pathways available for those in need of international protection. The UNHCR’s three-year strategy (2019-2021) on resettlement and complementary pathways provides a roadmap for expanding them by offering more places, mobilising more actors and creating more welcoming societies. To take on a global leadership role on resettlement, Member States are called upon to support implementation of the strategy and counter the current trend of a decreasing number of resettling countries globally and a sharp drop in resettlement pledges (3).

(7)

Since 2015, two successful EU-sponsored resettlement programmes, involving the participation of a significant number of Member States, have helped more than 70 000 of the most vulnerable people in need of international protection find shelter in the Union. Between 2015 and 2018, when the global resettlement landscape changed considerably, annual resettlements to Member States tripled, with the EU’s share of global resettlement increasing from below 9 % before 2016 to 41 % in 2018. This increase shows the benefit and potential of EU-level cooperation and coordination in the area of resettlement. It also shows the importance of funding from the EU budget, with EUR 1 billion dedicated to directly supporting the resettlement efforts of Member States for 2015-2020.

(8)

Under the first EU resettlement scheme (4), Member States, together with the Dublin Associated States, agreed to resettle 22 504 people in need of international protection from the Middle East, the Horn of Africa and North Africa over a period of 2 years (2015-2017) (5). In total, 19 452 people were resettled under this first, successful EU scheme (86 % of the total pledge).

(9)

Under the second EU resettlement scheme (6), Member States agreed to resettle 50 039 people in need of international protection from Turkey, Lebanon, Jordan as well as from countries along the Central Mediterranean route, supporting in particular the emergency transit mechanisms established by UNHCR in Niger (2017) and Rwanda (2019). The scheme was a success, with 43 827 people resettled (88 % of the total pledge).

(10)

To maximise the number of resettlements and make good use of available funding, Member States that have not yet fully implemented their pledges under the second EU resettlement scheme are afforded the opportunity to do so in 2020 and 2021 to fulfil their previous commitments.

(11)

Under the EU-Turkey Statement (7), more than 27 000 people had been resettled by mid-September 2020 (8). The Member States have resettled further people in need of international protection from Turkey via their own national schemes.

(12)

The Union needs to move from ad hoc resettlement schemes to schemes that operate on the basis of a stable framework that ensures that Union resettlement schemes are sustainable and predictable. To this end, the Commission proposed a Regulation in 2016 establishing a Union Resettlement Framework (9) to provide safe and legal pathways to international protection for those in need as part of the overhaul of the Union asylum system. A partial provisional political agreement was reached in June 2018, which included adding humanitarian admission – alongside resettlement – to the scope of the proposed Regulation. Swift adoption of the proposal is an important element for a more efficient, fair and stable EU policy on asylum and migration including a stable resettlement framework.

(13)

To ensure resettlement efforts continue until a stable framework is in place, the Commission invited Member States to submit resettlement pledges for 2020 at the 9th Resettlement Forum in July 2019. This was based on the agreed priorities for this period and in line with UNHCR’s projected global resettlement needs for 2020 and UNHCR recommendations for 2020 EU resettlement planning, which called for 30 000 places for 2020. It resulted in just under 29 500 pledges submitted by Member States. This sizeable overall pledge, which amounts to more than 50 % of all resettlement places made available by states to UNHCR for 2020, underlines the Member States’ continued commitment to offering protection, saving lives and offering credible alternatives to irregular movements.

(14)

Against the background of the projected global resettlement needs for 2020, the UNHCR three-year strategy (2019-2021) on resettlement and complementary pathways and the first Global Refugee Forum (December 2019), this significant pledge by Member States affirms the EU’s role as a global leader on resettlement.

(15)

The choice of priority regions for resettlements under the 2020 pledging exercise is based on the UNHCR projected global resettlement needs and the need to continue implementing the EU-Turkey Statement of March 2016. Member States should continue resettlements from Turkey, Jordan, Lebanon, as well as from the key African countries along and leading to the Central Mediterranean route, including Libya, Niger, Chad, Egypt, Ethiopia and Sudan. They should also support the emergency transit mechanisms in Niger and Rwanda, and provide places for emergency resettlements. The implementation of the EU-Turkey Statement includes activation of the Voluntary Humanitarian Admission Scheme with Turkey provided that all preconditions for it have been met and irregular crossings between Turkey and the EU end or have at least been substantially and sustainably reduced.

(16)

To help Member States implement the target of 29 500 places in 2020, some EUR 300 million has been made available from the Union budget (10). Subject to the rules of the Asylum, Migration and Integration Fund (AMIF), Member States may qualify for an incentive payment of EUR 10 000 per resettled person from priority regions or particularly vulnerable groups and EUR 6 000 for other resettlements.

(17)

Between January and March 2020, there were more than 3 600 resettlement arrivals in the EU as part of the 2020 pledging exercise. However, the outbreak of the coronavirus pandemic has led to a severe disruption of resettlement operations. The Member States, UNHCR and the International Organization for Migration (IOM) suspended such operations as of mid-March 2020. On 18 June 2020, UNHCR and IOM announced the resumption of resettlement travel for refugees (11). Since the summer, several Member States have started to resume gradually their resettlement activity.

(18)

This unprecedented global health threat and the measures to contain the spread of the virus have had a considerable impact on all operations and procedures related to resettlement, humanitarian admission and community sponsorship. The need for EU coordination has become clear to maximise the impact of the measures taken.

(19)

In its Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement (12), the Commission invited the Member States to continue showing solidarity with those in need of international protection and with non-EU countries hosting large numbers of refugees by ensuring, to the extent possible, continuity of resettlement-related procedures. The Commission invited Member States to consider new ways of working, such as remote interviewing or dossier resettlement. On these topics, the European Asylum Support Office (EASO) has provided swift operational support thanks to a series of thematic online meetings as part of the Resettlement and Humanitarian Admission Network.

(20)

Acknowledging the disruptive effect of the coronavirus pandemic on the implementation of the pledges made under the 2020 pledging exercise, the Commission decided to extend the implementation period beyond 2020 to ensure that Member States have enough time to implement these pledges fully. The original one-year programme will therefore be transformed into a two-year programme covering 2020-2021, during which the Member States should implement 29 500 pledges. In addition, Member States are invited to consider additional state-funded national resettlement programmes, if possible.

(21)

To ensure seamless continuation of EU resettlement efforts after the disruptions caused by the coronavirus pandemic, new resettlement programmes should be considered from 2022 onwards, taking into account the financial resources allocated in the 2021-2027 Asylum and Migration Fund to support the Member States’ pledges. The Union’s ambition remains to embark on a path of steadily growing resettlement numbers in the years to come.

(22)

Beyond EU financial support, various measures are in place to help Member States resettle people. EASO aims to help Member States fulfil their resettlement pledges. The Resettlement Support Facility in Istanbul, which has been operational since April 2019 (pilot phase), supports Member States’ resettlement efforts from Turkey. Moreover, the Resettlement and Humanitarian Admission Network, facilitated by EASO, which has been operational since January 2020, fosters cooperation and knowledge sharing between the Member States, with the focus on EU-specific topics. The network has been the main forum for Member States to address the impact of the coronavirus pandemic through information sharing and peer learning.

(23)

In addition, in line with the UNHCR three-year strategy (2019-2021) on resettlement and complementary pathways, it is appropriate to promote the putting in place or making further use of humanitarian admission models and other complementary pathways as an additional means of admission to expand the number of places offered through safe and legal pathways, in addition to resettlement.

(24)

The proposed Union Resettlement Framework Regulation envisages providing Member States with funding for humanitarian admission.

(25)

Reflecting the diversity of humanitarian admission models, a wide array of promising experiences already exist in the Member States and in non-EU countries, which can be scaled up or replicated in other Member States.

(26)

Several Member States have implemented community sponsorship schemes (13), which can underpin resettlement, humanitarian admission and other complementary pathways. In all cases, private sponsors, groups of private individuals or non-profit organisations can play a structured role in welcoming and integrating those in need of international protection.

(27)

In the context of resettlement, community sponsorship schemes can help Member States increase the number of resettlement places and successfully integrate refugees into welcoming host communities. Based on a strong partnership between the State and civil society organisations, individuals or groups of individuals, private sponsors usually provide financial, practical and moral support for the admission or integration of refugees. As demonstrated in the 2018 study on the feasibility and added value of sponsorship schemes (14), community sponsorship models can take many different forms. Depending on their design and objective, they help increase the number of admission places available to those in need of protection, enable faster and more efficient integration, improve public support for refugees and resettlement and help prevent irregular onward movements of resettled persons.

(28)

Other forms of community sponsorship beyond resettlement, which can serve as a model, include what some Member States and private organisations refer to as ‘humanitarian corridors’, namely the community sponsorship model currently implemented by faith-based organisations in Italy, France and Belgium in cooperation with the respective national governments. Under this model, private sponsors are involved in all stages of the admission process, from identifying those in need of international protection to transferring them to the Member State concerned. They also take charge of reception and integration efforts and bear the related costs. Since 2016, more than 2 700 people in need of international protection arrived in Europe through this pathway, mostly to Italy and France. The detailed rules of cooperation between the State and the private sponsors are often set out in memoranda of understanding.

(29)

Considering the benefits of community sponsorship, the Union should further promote an EU approach to community sponsorship building on existing Member State experience and involving EASO. The Union will continue to provide support for capacity building of civil society actors engaged in community sponsorship schemes and promotes transnational exchanges on knowledge sharing in order to scale up existing community sponsorship programmes, create new programmes, including in Member States that have not yet implemented such schemes. In 2019, the Commission launched a specific call for proposals to this effect under the AMIF Union Actions Programme (15). Promoting complementary pathways for people in need of protection and their further integration is one of the topics included in the call for proposals for transnational actions on Asylum, Migration and Integration under the AMIF 2020 Work Programme (16).

(30)

The coronavirus pandemic has also affected community sponsorship schemes. In its Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement, the Commission encouraged Member States to keep communication channels open with sponsors, keep them informed of developments and continue sponsor recruitment and screening to increase future hosting availability.

(31)

As highlighted by the UNHCR, family reunification is widely recognised as a key factor for successful integration in the host country. Forcibly displaced people in need of international protection often face many challenges to their right to family reunification, such as lengthy and burdensome administrative processes (17). This can lead to attempts to circumvent the rules through dangerous irregular migration. To facilitate access to the right to family reunification in line with the Family Reunification Directive (18), Member States are encouraged to put in place family reunification assistance programmes that improve access to information and simplify the visa application process. In addition, for cases falling outside the scope of the Family Reunification Directive, Member States are invited to set up humanitarian admission programmes, such as family-based sponsorship.

(32)

To leverage skills, qualifications and the motivation of individuals in need of international protection, other complementary pathways for admission, such as education or work, should also be explored. Several Member States support programmes that facilitate access to existing legal avenues for those in need of international protection, such as students or workers. Member States are encouraged to use the EU Skills Profile Tool for Third Country Nationals in such procedures. This dedicated online tool helps map and document the skills and qualifications of people with a migrant background (19).

(33)

It is estimated that less than three percent of refugees worldwide have access to higher education (20). Even when they have the skills and necessary knowledge, they often lack the information and financial means to apply for undergraduate or postgraduate programmes in the Union. Member States should consider improving access to universities for young people in need of international protection and therefore make it easier for them to be admitted on their territory as students. Such initiatives may require a proactive selection process in non-EU countries, language training, flexibility on the admission criteria to study programmes as well as scholarships and dedicated integration measures upon arrival. After graduation, students wishing to stay in the Member State concerned in line with Directive (EU) 2016/801 of the European Parliament and of the Council (21) should benefit from counselling and help in looking for a job.

(34)

To facilitate the implementation of such programmes, the Commission will encourage peer learning and the exchange of experiences between Member States, and will explore possibilities for EU financial support in designing and developing these pathways for students.

(35)

Member States should further consider working in partnership with the private sector, employers, trade unions and civil society to develop innovative international labour mobility schemes for those in need of protection.

(36)

EASO, together with the Resettlement and Humanitarian Admission Network, will help Member States design and implement programmes for humanitarian admission and other complementary pathways.

(37)

When implementing resettlement, humanitarian admission and other complementary pathways programmes, Member States should take into account the obligations set out in the UN Convention on the Rights of Persons with Disabilities.

(38)

To ensure monitoring of the implementation of EU resettlement schemes in 2020 and 2021, Member States should, upon request, report to the Commission on those resettled on their territory in line with their pledges, specifying the country from which the person has been resettled. The Commission will also monitor the various projects and programmes for humanitarian admission implemented in the Member States to maintain an overview of all legal pathways for those in need of international protection and the number of places offered through these channels.

(39)

This recommendation should be addressed to the Member States. The Dublin Associated States are invited to contribute to common European resettlement efforts as well as common efforts in relation to other complementary pathways.

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