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Italian Refugee Politics in Relation to Libya: a Human Rights Perspective

Pommer, Lena (2008)
Department of Law
Abstract
The European Union is developing a common asylum system. The goal is to create certain minimum standards regulating the reception and procedures regarding asylum seekers and refugees. The Dublin II Regulation is one of the legal instruments created in this process. It determines which state is responsible for any particular asylum seeker and for their asylum application. The member state that allows an asylum seeker to enter the EU is responsible to determine their claim, no matter if the entrance is legal or not. This puts an extra burden on states with external borders, since they receive the majority of those seeking asylum. Italy is one of those states. Its location makes it attractive to migrants and asylum seekers trying to enter... (More)
The European Union is developing a common asylum system. The goal is to create certain minimum standards regulating the reception and procedures regarding asylum seekers and refugees. The Dublin II Regulation is one of the legal instruments created in this process. It determines which state is responsible for any particular asylum seeker and for their asylum application. The member state that allows an asylum seeker to enter the EU is responsible to determine their claim, no matter if the entrance is legal or not. This puts an extra burden on states with external borders, since they receive the majority of those seeking asylum. Italy is one of those states. Its location makes it attractive to migrants and asylum seekers trying to enter Europe from the Northern part of Africa. Specifically the Italian island Lampedusa regularly receives migrants and asylum seekers from Libya, coming in small vessels over the seas. To receive asylum seekers is costly. The states with external borders have to carry the majority of this cost. In practice this has lead to that EU strengthens its external borders, and thereby makes it more unreachable for the asylum seekers. There is a right in International law to seek asylum while in a state, but no right to obtain it, neither is there any right to enter the state to be able to seek asylum. However, when the EU consolidates its borders, the possibility for refugees to enter the state to apply for asylum is diminished. What is important to know, is whether states with external borders live up to the regional standards and international human rights law when it comes to their refugee politics, or if there are practices of avoiding and even opposing their human rights responsibilities. The focus of this thesis is on Italy and its relation with Libya when it comes to refugees and asylum seekers trying to reach Europe. The purpose is to know whether Italy lives up to regional standards and international human rights law concerning their refugee politics in relation to Libya. The focus is on the principle of non-refoulement as well as on the Italian policy of detention of asylum seekers. The conclusion is that Italy seems to be more interested in getting rid of the asylum seekers, than actually protecting their human rights. There are several evidences of practice by Italy that contradict their human rights obligations. Even though Italy might live up to regional regulations, these regulations sometimes seem to be in conflict with their overall international human rights obligations. The assessment is that Italy tends to avoid its international human rights obligations by externalizing its responsibility to protect refugees to Libya, a state well know for its dark human rights record. (Less)
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author
Pommer, Lena
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Folkrätt
language
English
id
1561333
date added to LUP
2010-03-08 15:55:28
date last changed
2010-03-08 15:55:28
@misc{1561333,
  abstract     = {The European Union is developing a common asylum system. The goal is to create certain minimum standards regulating the reception and procedures regarding asylum seekers and refugees. The Dublin II Regulation is one of the legal instruments created in this process. It determines which state is responsible for any particular asylum seeker and for their asylum application. The member state that allows an asylum seeker to enter the EU is responsible to determine their claim, no matter if the entrance is legal or not. This puts an extra burden on states with external borders, since they receive the majority of those seeking asylum. Italy is one of those states. Its location makes it attractive to migrants and asylum seekers trying to enter Europe from the Northern part of Africa. Specifically the Italian island Lampedusa regularly receives migrants and asylum seekers from Libya, coming in small vessels over the seas. To receive asylum seekers is costly. The states with external borders have to carry the majority of this cost. In practice this has lead to that EU strengthens its external borders, and thereby makes it more unreachable for the asylum seekers. There is a right in International law to seek asylum while in a state, but no right to obtain it, neither is there any right to enter the state to be able to seek asylum. However, when the EU consolidates its borders, the possibility for refugees to enter the state to apply for asylum is diminished. What is important to know, is whether states with external borders live up to the regional standards and international human rights law when it comes to their refugee politics, or if there are practices of avoiding and even opposing their human rights responsibilities. The focus of this thesis is on Italy and its relation with Libya when it comes to refugees and asylum seekers trying to reach Europe. The purpose is to know whether Italy lives up to regional standards and international human rights law concerning their refugee politics in relation to Libya. The focus is on the principle of non-refoulement as well as on the Italian policy of detention of asylum seekers. The conclusion is that Italy seems to be more interested in getting rid of the asylum seekers, than actually protecting their human rights. There are several evidences of practice by Italy that contradict their human rights obligations. Even though Italy might live up to regional regulations, these regulations sometimes seem to be in conflict with their overall international human rights obligations. The assessment is that Italy tends to avoid its international human rights obligations by externalizing its responsibility to protect refugees to Libya, a state well know for its dark human rights record.},
  author       = {Pommer, Lena},
  keyword      = {Folkrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {Italian Refugee Politics in Relation to Libya: a Human Rights Perspective},
  year         = {2008},
}