91996E0716

WRITTEN QUESTION E-0716/96 by Michèle Lindeperg (PSE) to the Commission (26 March 1996)

Subject: Definition of 'refugee' under the Geneva Convention - temporary protection

The Council recently adopted a common position on the definition of 'refugee' within the meaning of Article 1(A) of the Geneva Convention.

This position contains a restrictive interpretation of persecution by third parties. It does not afford protection to persons persecuted by non-governmental groups in cases where the public authorities are involuntarily inactive.

Does the Commission intend to adopt a common means of temporary protection offering such persons a status enabling them both to be protected and to live in decent conditions in the European Union?

Answer given by Mrs Gradin on behalf of the Commission (13 May 1996)

The Honourable Member refers to the joint position of 4 March 1996 ((OJ L 63, 13.3.1996. )) concerning a harmonised application of the definition of the term 'refugee' according to Article 1A of the Geneva Convention of 1951.

The joint position should be seen as an effort by the 15 Member States to agree on common principles for applying Article 1A in similar ways throughout the Union. The document does not attempt to change the conditions under which a Member State may or may not permit a person to remain within its territory.

The agreement specifically mentions the difficult question of persecution by third parties. By this is meant the situation where someone is threatened by an actor other than the government in the country concerned. If in such a situation a government deliberately fails to act, the joint position clearly states that this should give rise to individual examination of an asylum application for refugee status. If, on the other hand, a government involuntarily remains passive, the Member States will decide in accordance with national judicial practice whether a person will be granted refugee status or not. The document also states that asylum seekers may anyway be eligible for other forms of protection under national law. This joint position will therefore not in any way reduce the level of protection presently granted by Member States to victims of persecution by third parties.

The Commission has on several occasions pointed out the need to examine the question of granting temporary protection. Temporary protection schemes were rarely used in the Union prior to the Bosnian conflict. When that war erupted, the conditions for granting temporary protection were quickly developed in many Member States. There was, however, no time for coordination and consultation. It is therefore not surprising that the existing temporary protection schemes differ from one Member State to another. It is the Commission's view that the time has now come to take stock of the present situation and initiate a discussion on future temporary protection systems.