Asylum and refugee issues

Asylum and refugee issues are terms that are very close in purpose – both fulfil humanitarian purposes in order to protect foreigners from persecution by state authorities based on various reasons.

The rules for granting national recognised refugee status are defined by each state. The situation is a bit different in the case of refugees – the applicable rules are contextually defined in the provision of international treaties, specifically the Convention relating to the Status of Refugees (1951) and the associated New York Protocol (1967), also known as the Geneva Convention. Just on this basis, it is apparent that the concept of a refugee is actually a contemporary institution and is of a contractual nature (countries are contractually bound to provide protection). As far as granting recognised refugee status is concerned, it is a very old institution that dates back to antiquity and the Middle Ages. The concept of a refugee is much newer – it was first mentioned no more than one century ago.

Today, the instrument of asylum/ the concept of a refugee is applied in one form or another by 144 of the world’s countries, often in the form of constitutional acts. In the case of the Czech Republic, the applicable provisions are embedded in Article 43 of its Charter of Fundamental Rights and Basic Freedoms.

As a member state of the European Union, the Czech Republic has, amongst other things, bound itself to cooperate in the area of asylum and refugee issues. Asylum, together with subsidiary protection, both fall under the term international protection and are a constant and very current issue for the Czech Republic as well as for the European Union as a whole. As a result, for the past twenty years the member states of the European Union have been striving to bring their polices closer towards a common and effective asylum system.

Asylum in the European Union

The main idea – as well as the main goal – of a common EU asylum policy is focused on the development of the Common European Asylum System (CEAS). At the end of this process fully harmonized asylum policies of each member state should exist and they should include all stages of asylum procedure, i.e. from the reception to the integration or return of the asylum seeker.

From the general point of view the process of creation of CEAS includes two main steps. The first step includes adoption of common minimal standards - to reach at least basic harmonization. Today we can agree that this step of CEAS was successfully finished and its evaluation takes place. The following second step will consist of enhancing of these standards.

The main directions of CEAS and the rough content of this harmonization are regularly included in EU political documents – such as EU Council Conclusions from Tampere 1999, The Hague Program 2004, The Green Paper 2007 and the upcoming Post-Hague Program.

The EU Council Conclusions from Tampere (1999) are the general basis of CEAS. Right here Council of the EU agreed on the CEAS development and managed to draft a five year plan for the period 2000-2005. Next conceptual document called The Hague Program (and its Action Plan) from 2004 was closely connected to the Tampere Plan and brought ideas for the period covering 2004-2009. Than on its basis the Green Paper on the Future Common European Asylum System was published in June 2007 and it is focused particularly on the area of asylum. The Green Paper covers four main areas: 1) the legal instruments 2) implementation 3) solidarity and burden sharing 4) the external dimension of asylum.

A document which should follow The Hague Program is called the Post-Hague program and its adoption is expected during the year 2009. This program should cover the period 2010-2014.

Present situation in CEAS

Specific number of intended actions was introduced by the European Commission in document called the Policy plan on Asylum (published in June 2008) – which is the document introducing more detailed proposals which were roughly presented in the Green Paper.

At the first place, the plan is talking about the necessity to revise yet implemented asylum directives in order to increase the present level of standards and generally suggests which higher standards should be reached. First legislative proposals are expected in autumn 2008, others during the year 2009.
To conclude - according to the above mentioned harmonogram - the Czech Presidency in the Council of the EU in the first half of the year 2009 would be very busy in the field of asylum.

Useful links:

• Green Paper on the Future Common European Asylum System: (pdf, 100 kB)
• Green Paper on the Future Common European Asylum System (html)
   
• Policy plan on Asylum (pdf, 53 kB)
• Policy plan on Asylum (html)

Information on Countries of Origin

• provides a general description of the situation in a specific country of origin with respect to compliance with human rights and political and civil rights and freedoms 
• makes it possible to verify certain facts provided by individual applicants for international protection, which are essential for assessing all of the relevant facts pursuant to the Asylum Act 
• serves as one of supporting materials for issuing a decision on granting international protection

The information on countries of origin used during asylum proceedings in the Czech Republic are obtained from a wide range of information sources – both domestic as well as foreign, governmental, non-governmental, academic and international, with primary emphasis placed on accuracy, objectivity and currentness. The information obtained is always verified with multiple resources of various types (domestic vs. foreign, governmental vs. non-governmental vs. international).

For the most part, the resources are available to the public on the Internet; accessible through the European Country of Origin Information Network (ECOINET) and REFWORLD databases maintained by the Austrian Centre for Country of Origin and Asylum Research and Documentation (ACCORD) the Office of the United Nations High Commissioner for Refugees (UNHCR) respectively. Further information is obtained from various governmental bodies of the Czech Republic, primarily the Ministry of Foreign Affairs of the Czech Republic, within the framework of cooperation with partner offices and organisations abroad and at meetings of the European Union bodies.

The most used sources addressing issues pertaining to compliance with human, political and civil rights and freedoms include Country Reports on Human Rights Practices and Annual Report on International Religious Freedom which are published by the United States Department of State; Countries of Origin Information Service Reports prepared by the United Kingdom Home Office; documents published by United Nations, in particularly by the Office of the United Nations High Commissioner for Refugees (UNHCR); and a number non-governmental organisations, e.g. Amnesty International, Freedom House, Human Rights Watch and International Crisis Group.

Information from national (the Czech Press Agency) and international media (BBC, CNN and other) and various professional periodicals and literature are also used to a high degree.

Department for Asylum and Migration Policy, 23rd November 2009

Dublin system

The Dublin system is a term used for mechanism by which one state responsible for examining of alien's application for asylum is determined within the framework of EU Member States, Norway, Iceland and Switzerland. The objective of the system is to eliminate the phenomenon of so called “asylum shopping” when the asylum procedure in the case of one alien is held in several Members States at the same time or successively. The system is simultaneously designed to prevent “refugee in orbit” situation where thanks to the application of the third safe country concept no state deems itself responsible for examination of the asylum application in merits.
 
Council Regulation (EC) No. 343/2003 (so called Dublin II Regulation) currently constitutes the legal base of the Dublin system. This regulation sets out the group of criteria determining the Member State responsible for adoption of the decision on the asylum application. Family ties are for instance one of these criteria, the fact the asylum applicant is a holder of visa or residence permit issued by a Member State is also criterion, the fact applicant entered the territory of Member States illegally or applied for asylum for the first time in another Member State is also the criterion. Since the year 2003 Member States fingerprint compulsorily all asylum applicants and they send their fingerprints to EURODAC. This system generally contributes to effective application of the Dublin II Regulation.

• Dublin system - read more
• EURODAC (electronic system for comparison of fingerprints of asylum applicants) - read more

The Czech Republic has been a participant in the Dublin system since its accession to EU, i.e., as of 1 May 2004. The application of Council Regulation (EC) No. 343/2003 and the implementing Commission Regulation (EC) No. 1560/2003 is entrusted to the Ministry of the Interior’s Department for Asylum and Migration Policy, specifically to the Dublin Unit Section that has been established for this purpose. The Service of Alien’s Police and the Forensic Institute Prague participate in the application of Council Regulation (EC) No. 2725/2000 (the “EURODAC Regulation”). All of the above-specified authorities work together very closely when performing their tasks within the framework of applying the Dublin system.

• Statistical data on application of the Dublin system in the Czech Republic in 2004-2015 (xls, 63 kB)
  (as of October 2015)

Department for Asylum and Migration Policy, 6th November 2015

Resettlement

• is an instrument of protection and provision of a permanent solution to a long-term unsatisfactory refugee situation in third countries;

• it combines the mechanisms of controlled migration, individual protection of refugees, the permanent resolution of their situation and expression of solidarity with the regions affected by refugee flow as part of the sharing of the burden in a refugee area;

• is an instrument used solely in situations where no other eligible permanent solution exists, that is, when the members of the refugee population cannot return to their country of origin for objective reasons while, at the same time, due to their background, being unable to enjoy sufficient protection or to be integrated in the country where they are currently staying (most often this is the country of the first asylum).

The Czech Republic endorses the tackling of global refugee problems and has all the resources to successfully join the states that already conduct resettlement.

Between the years 2005 and 2008, the Czech Republic carried out several ad-hoc resettlement projects, under which more than 30 refugees from Uzbekistan and Cuba were resettled to the Czech Republic. Such humanitarian resettlements serving to provide immediate and permanent protection for persecuted people have been and are carried out predominantly in cooperation with the Office of the UN High Commissioner for Refugees (UNHCR).

In 2008, in its Resolution No. 745 of 27 June 2008 (pdf, 29 kB), the Government of the Czech Republic adopted the National Resettlement Programme Concept (pdf, 148 kB), presented by the Ministry of the Interior of the Czech Republic. This document forms the theoretical framework for implementation of resettlement programmes.

National Resettlement Programme Concept

• defines the options of the Czech Republic in resettlement in theoretical and practical terms;

• sets up the basic mechanisms for implementing resettlement projects at all stages;

• the approved concept material also includes a proposal for Resettlement of a Group of Burmese Refugees from Malaysia as Part of the Pilot Resettlement Programme (pdf, 27 kB).

Therefore, the implementation of the national resettlement programme commenced with a pilot programme for resettlement of a group of Burmese refugees from Malaysia in the autumn of 2008.

• Resettlement of the First Group of Burmese Refugees from Malaysia

• Implementation of the Pilot Programme of Resettlement of Burmese Refugees from Malaysia – Arrival of the Second Group of Refugees by Air

Between the years 2008 and 2012, the Czech Republic resettled a total of 103 Burmese refugees from Thailand and Malaysia in several waves. Among other reasons, the Czech Republic decided on Burma because of the very bleak outlook faced by these refugees (due to the geographical location of Burma) in the countries of first asylum. India as well as Thailand and Malaysia are not signatories of the 1951 Geneva Convention relating to the Status of Refugees, and therefore their chances of obtaining at least a basic form of protection are very limited.

Besides that, the Czech Republic resettled and granted asylum to a Cuban political prisoner R. Pozada with his family in 2010 immediately after he was granted amnesty by the Cuban government.

• Czech Republic Grants Asylum to Cuban Political Prisoner, 25 October 2010

• Czech Republic Assumes Protection of Cuban Political Prisoner and His Family, 11 November 2010

All refugees resettled to the Czech Republic undergo a six-month integration programme in the Refugee Facilities Administration integration centre, which not only includes a very intensive course in the Czech language but also a cultural orientation integration course. After completion of this programme, individual refugees are moved to integration apartments in municipalities across the Czech Republic where their integration into Czech society continues.

Department of Asylum and Migration Politics, 26. August 2014

Personal Data Processing and Protection

I. Information gathered from the data subject by the Ministry of the Interior
 

Ministry of the Interior of the Czech Republic, Department for Asylum and Migration Policy (further on referred as “DAMP”) for the purposes of the proceedings on the granting of international protection processes below indicated categories of personal data.

Data subject is an applicant for international protection, recognized refugee and person under the subsidiary protection in accordance with the Act No. 325/1999 Coll., on Asylum and Amendment to Act No. 283/1991 Coll., on the Police of the Czech Republic, as amended (the Asylum Act).
Ministry (DAMP) collects following categories personal data:
a) Basic identification data of the applicant for international protection, persons under the subsidiary protection and recognized refugees:

• name and surname
• former surnames
• date of birth
• sex
• nationality (current, previous)
• type and number of the identity document
• members of the family applying for international protection together
• photograph

b) Further identification data of the applicants for international protection, persons under the subsidiary protection and recognized refugees necessary for examination of the application for international protection by the Ministry (DAMP). These data in electronic form are accessible only to the staff of Department for Asylum and Migration Policy (DAMP):

• nationality
• race
• ethnic origin
• family status
• religion
• education
• profession
• military service
• previous applications for asylum (international protection)
• language skills

Some sensitive personal data, e.g. membership in political party or other organization, pursuit for criminal offence, reasons for leaving the country of origin and reasons of the application for international protection in the Czech Republic, whereabouts before coming into the Czech Republic, health status, information about family members (name and date of birth of applicants’ father, mother, children, and place of their residence), social security benefits is a part of administrative file.

c) Service data:

• registration number of the applicant for international protection
• number and validity of the certificate of the applicant for international protection
• data about contraventions and imposed fines
• information about type and validity of issued visa
• place of residence of the applicant in Czech Republic
• history of the proceedings for international protection

Due to the exceptional character of the administrative proceedings on the granting of international protection the personal data are stored for whole life of the applicant for international protection, person under the subsidiary protection and recognized refugee.

Ministry (DAMP) is entitled to use the above mentioned data concerning the applicants for international protection only for the purposes of application of the Asylum Act. Police and intelligence services have also access to the data kept by the Ministry (DAMP) in order to fulfill their obligations under the Asylum Act or other legal acts.

Ministry (DAMP) is entitled to collect also other than above mentioned data about the applicant for international protection, if it is needed for issuing the decision on the matter of international protection. When collecting the data Ministry (DAMP) respects protection of an applicant for international protection and his/her family members in the country of origin. Neither Ministry (DAMP) nor any other public administrative authorities do not communicate by any means any information obtained during the proceedings on international protection to the alleged perpetrators of the persecution or serious harm.

Ministry (DAMP) operates an information system on recognized refugees who have applied for issuing a travel document of recognized refugee according to the Asylum Act. This system contains data in the scope of the application for issuing the travel document (name, surname, other names, birth number, day, month, year of birth, place and country of birth, nationality and registered place of residence in the territory of the Czech Republic).

The travel document is equipped with the biometric picture of face. Beginning with 1.4.2009 the travel document will also contain the biometric data of the fingerprints (of its bearer). Data assembled by the Ministry (DAMP) is stored in this system for period of 60 days since the delivery of the travel document to the Ministry (DAMP) is effected.

II. Information gathered from the data subject by the Police of the Czech Republic
 

The Police of the Czech Republic (further referred as “Police”) in accordance with the Council Regulation (EC) No 2725/2000, concerning the establishment of EURODAC for comparison of  fingerprints for the purposes of the effective application of the Dublin Convention, takes the fingerprints of every alien from the age of 14 years who made the Declaration for international protection. Police in the same time operates the database of fingerprints taken to the applicants for international protection. The fingerprints in the paper form are stored for period of 5 years and for period of 20 years in electronic form counting from the year of termination of alien’s residence in the territory of the Czech Republic.

Based on the Council Regulation (EC) No 2725/2000 Police sends the fingerprints of the applicants for international protection to the system EURODAC. EURODAC system is database of the fingerprints taken to all the persons who applied for international protection in the territory of Member States of EU, Norway or Island. The fingerprints of applicants for international protection are stored in EURODAC for the period of 10 years since the day they are taken. If the applicant is later recognized as a refugee in the Czech Republic, it is obligatory for the Czech Republic to block the data on the fingerprints in order not to be compared with the fingerprints newly sent to EURODAC.

Ministry (DAMP) uses the information received from the system EURODAC in the frame of the application of the Council Regulation (EC) No 343/2003 of 18 February 2003, establishing the criteria and mechanisms for determining of Member State responsible for examining the asylum application lodged in one of Member States by the third country national (more on “Dublin system”) In this case the dactyloscopic card with fingerprints of applicant is a part of the administrative file.

Police also keeps the records of visa issued under the Asylum Act, records of places of residence of the applicants for international protection, records of the places of residence of the aliens who have filled the cassation complaint. Police will destroy above mentioned data held in paper form after the 5 years following the year when the residence of the alien on the territory of the Czech Republic was terminated. In the case of data held in the form of electronic file police stores mentioned data for period of 20 years counting from since the year when the residence of alien on the territory was terminated.

Police also keeps records of recognized refugees who have been issued a travel document pursuant to Asylum Act. Currently the records are kept in the scope of the data in the application for issuing a travel document (name, surname, other names, birth number, day, month, year of birth, place and country of birth, nationality and registered place of residence in the territory of the Czech Republic) including data on the recognized refugee’s facial appearance. Police will destroy these data after the period of 15 years following the expiration of the validity of the travel document.