A new set of rules setting uniform standards for the treatment of asylum seekers across the EU will increase human suffering and reduce protection for migrants, two human rights NGOs warned Maltese MEPs on Monday.
The pact will "indeed be historic, but for the wrong reasons", JRS Malta and aditus Foundation said in a letter to the six Maltese MEPs ahead of the European Parliament plenary vote on the EU Pact on Migration and Asylum on 10 April.
Last summer, Malta abstained from a vote on the new regulations. Times of Malta had reported that neither the Maltese government nor human rights NGOs were pleased with the pact, albeit for different reasons.
Political agreement has now been reached on the pact and on Monday the NGOs urged MEPs to reject the pact while upholding values of dignity and compassion.
JRS and aditus flagged concern about ways in which the new pact will impact the human rights of asylum seekers seeking protection in Europe.
The NGOs acknowledged that current systems of migration management and responsibility sharing were not working, however, the EU pact represented "serious backsliding for the human rights of those seeking protection".
They are especially concerned about increased detention and pushback to countries outside of the EU.
'Nationality-based assessments are risky'
Most asylum seekers, including women, children and families, will be detained at the EU’s borders while their fate is being decided based primarily on where they come from, they explained in the letter.
"In our experience, refugees could also come from countries generally deemed safe, which is why nationality-based assessments run the risk of missing those needing protection.
"As organisations working on the ground to protect the rights of asylum seekers and refugees in Malta, we know firsthand the impact that detention has on people, having provided services to asylum seekers in detention for more than 20 years.
"In the vast majority of detention situations, physical conditions are often basic at best, and inhuman and degrading at their worst," they observed, adding that according to research, prolonged deprivation of liberty - even in the best living conditions - caused a marked deterioration in a person’s psychological wellbeing, breaking even the strongest and most resilient.
"In the words of one asylum seeker, which we have heard repeated countless times over the years: ‘This detention is so hard, you don’t recognise the person you have become’."
JRS and aditus also warned that the pact will undermine guarantees currently in place ensuring that individuals in a vulnerable situation - such as children, victims of trafficking, or people experiencing mental ill-heath - are not detained.
In the letter, the two remind MEPs that Malta recently significantly restricted NGO access to detained people.
"This inevitably means that asylum seekers’ access to information and legal assistance, both essential to ensure that asylum seekers’ rights are protected, has been seriously curtailed.
"For newly arrived asylum seekers who do not have friends or family in Malta, NGOs are not only service providers - they are also an important source of support and human contact. The presence of external service providers and visitors is also key to ensuring that individual needs are identified, and that any violations that occur come to light."
Working with 'safe' third countries
As part of the pact, the EU also plans to work with third countries deemed 'safe' to secure agreements with these countries and allow the return of asylum seekers.
JRS and aditus noted that such agreements were already in place: such as recent deals with Egypt and Tunisia aiming to stop people crossing the Mediterranean and entering the EU.
They are concerned about the "totally unclear" way in which asylum seekers’ links to these 'safe' third countries will be established and how such returns will be carried out.
They are also worried people will be returned to places where they are not safe and where they will possibly experience trauma and violence.
"Over the years, we met countless asylum seekers who arrived in Malta after residing in, or transiting through, countries where they experienced arbitrary detention, abuse, exploitation, or even violence.
"In these countries, asylum seekers were often not only unable to access the asylum procedure but also unable to seek and obtain redress for the violations that they had suffered. This happened even though the country was, in principle, considered ‘safe’."
'Reject pact which lacks humanity'
The NGOs warned MEPs that a vote for a pact that introduced a reception system characterised by social and physical exclusion with limited guarantees of care and support was a vote for a system that punished people who have already suffered so much and failed those who most need protection.
"Ultimately, this pact lacks humanity, reinforcing barriers instead of embracing solidarity.
"We are therefore calling on MEPs to reject it and uphold the values of dignity and compassion," they said, urging MEPs to get in touch with them if they wished to discuss the pact and any migration matters in detail.