Dutch Asylum Policies Breach Rights
IFIR - 10.04.2003 12:57
(Brussels, April 9, 2003)—Critical aspects of Dutch asylum policy
violate international refugee standards, Human Rights Watch said in a
new report released today.
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Subject: Dutch Asylum - HRW report
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Dutch Asylum Policies Breach Rights
The Netherlands’ Humanitarian Tradition Erodes
(Brussels, April 9, 2003)—Critical aspects of Dutch asylum policy
violate international refugee standards, Human Rights Watch said in a
new report released today.
Human Rights Watch urged the new Dutch government being formed to
prioritize reforms to bring asylum policy back in line with
international standards.
The 33-page report, “Fleeting Refuge: The Triumph of Efficiency Over
Protection in Dutch Asylum Policy,” raises concern about recent policies
adopted to hasten the processing of asylum claims at the expense of the
protection needs of refugees.
“In its efforts to control immigration, the Dutch government cannot
violate fundamental rights,” said Elizabeth Andersen, Executive Director
of Human Rights Watch’s Europe and Central Asia Division. “The new
government in formation should prioritize asylum reform and return the
Netherlands to its traditional role as a leader in the defense of human
rights and refugee protection in Europe.”
The Human Rights Watch report is based on three months of research
involving review of dozens of transcripts and decisions in asylum cases
and extensive interviews with asylum lawyers, humanitarian and human
rights organizations, and representatives of the Dutch immigration
agency. The report highlights Human Rights Watch concerns in three
areas: violations of the right to seek asylum in a routinely-used
accelerated determination procedure; the improper treatment of migrant
children; and restrictions on asylum seekers’ rights to basic material
support, including food and adequate housing.
Human Rights Watch reports that the Dutch accelerated “AC Procedure” is
being used to process cases for which it is inappropriate. The 48-hour
procedure was originally designed to screen out clearly unfounded cases,
but is now used to process 60 percent of
asylum claims, with government officials aiming to process 80 percent
through this accelerated review.
Human Rights Watch said the process gives applicants little opportunity
to document their need for protection, receive meaningful advice from a
lawyer, or effectively challenge a negative decision on appeal.
Particularly for cases involving humanitarian concerns or complex legal
or factual questions, Human Rights Watch said the AC procedures are
inadequate.
“The accelerated determination procedures are regularly used to assess
the claims of people suffering trauma or fleeing countries torn by war
or repression,” said Andersen. “Under these circumstances, the
authorities run a very real risk of sending people back to face
persecution.”
The Human Rights Watch report also charges that certain aspects of Dutch
immigration policy fail to serve the best interests of migrant children
as required under the Convention on the Rights of the Child.
Specifically, Human Rights Watch expressed concern that more than 30
percent of child asylum seekers have their claims reviewed in the
cursory AC procedure.
Human Rights Watch found that interviews of children are often conducted
in a manner inappropriate for their age and maturity and without the
benefit of consistent assistance from a lawyer or guardian. Human
Rights Watch also concluded that Dutch government determinations that a
child is “accompanied” by a relative in the Netherlands do not
sufficiently assess whether those relatives are willing or able to
provide children with long-term care.
In a third area of concern, Human Rights Watch criticized Dutch policy
to deny basic material support, including food and housing, to asylum
seekers still in various stages of the asylum process. Human Rights
Watch says this policy leaves asylum seekers, including families with
children, homeless and dependent on charity for basic survival while
awaiting a final determination on appeal from the AC procedure. In one
case reported by Human Rights Watch, a family from Rwanda was evicted
from the asylum reception center after the immigration authorities
rejected their asylum claim. When a court later overturned that
decision, the family could not be found.
“People seeking asylum cannot do so effectively if they are worried
about where they and their families will sleep,” said Andersen.
“Policies that deny basic assistance to those in need are inconsistent
with the Netherlands’ humanitarian tradition.”
The report includes detailed recommendations intended to assist any new
government in the effort to ensure that asylum and immigration policies
comply with the Netherlands’ international and regional legal
obligations. To read these recommendations to the Dutch government,
please see the full report online at the link(s) listed below.
After April 9, 2003, the report will be available at
 http://www.hrw.org/reports/2003/netherlands0403/.
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Janet Dench
Canadian Council for Refugees/
Conseil canadien pour les réfugiés
6839 Drolet #302
Montréal, QC, H2S 2T1
(514) 277-7223
fax (514) 277-1447
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