Romanian Institute for Human Rights
Migration and asylum
In recent years, the international community has faced unprecedented waves of migration, while the situation of persons who are compelled to leave their homes due to armed conflicts, poverty, desertification, or extreme climatic phenomena to be understood and managed efficiently and responsibly. The countries where these people seek shelter urged by the wish and the need to begin a better life have the duty to provide them protection according to the international legislation. While searching for viable strategies, it should be taken into account that these people are vulnerable members of society and their rights can be easily violated.
Migrants may leave their native country for economic or educational reasons, but also as a result of the violation of their fundamental rights and freedoms guaranteed by the international documents.
These documents provide protection of the rights of all persons with a high degree of vulnerability , including the rights of migrants, refugees, asylum seekers irrespective of their status.
There is need for creating communication bridges, understanding cultural diversity, combating discrimination, providing access to justice, and especially respecting all the human rights and fundamental freedoms.
- UN Convention relating to the Status of Refugees, Geneva, 28 July 1951
- Protocol relating to the Status of Refugees, 1967
- UN Convention relating to the Status of Stateless Persons, adopted by the General Assembly on 28 September 1954
- UN Convention on the Reduction of Statelessness, 30 August 1964
- UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by General Assembly resolution 45/158 of 1990
- New York Declaration for Refugees and Migrants, adopted by the UN General Assembly on 19 September 2016 (A/RES/71/1)
The Common European Asylum System (CEAS) is a set of EU laws, finalized in 2005. They are meant to provide the protection by all EU member states of the rights of asylum seekers and refugees.
- Council of the European Union Directive 005/85/EC of 1 December 2005, on minimum standards on procedures in Member States for granting and withdrawing refugee status
- Council of the European Union Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers
- Council of the European Union Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted
- Council of the European Union Dublin Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national
- Council of the European Union Regulation No 2725/2000 of 11 December 2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention
- Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council
- Ordinance No. 194/2002 on the status of aliens in Romania ro
- Ordinance No. 44/2004 on the social integration of aliens who have been given a form of protection in Romania
- Urgency Ordinance No. 102/2005 on free circulation on Romania’s territory of citizens from the Member States of the European Union, the European Economic Area and the citizens of the Swiss Confederation, republished in 2011, Official Gazette of Romania No. 774/2 November 2011
- Law No. 260/2005 for adopting Government Urgency Ordinance No, 102/2005 on the free circulation on Romania’s territory of the citizens of the European Union and the European Economic Area
- Law No. 122/2006 on asylum in Romania
- Urgency Ordinance No. 56/2007 on aliens’ employment and temporary attachment to other workplaces on the territory of Romania
- Law No. 362/2005 on Romania’s accedence to the Convention on the status of stateless persons adopted in New York on 28 September 1954
- Law No. 361/2005 on Romania’s accedence to the Convention on the reduction of statelessness adopted in New York on 30 August 1961
- Law No. 8 of 8 April 2009 on approving Government Urgency Ordinance No. 187/2008 on amending and supplementing Law No. 122/2006 on asylum in Romania
- Law No. 280/2010 on amending and supplementing Law No. 122/2006 on asylum in Romania
- Law No. 209 of 27 June 2013 on approving Government Urgency Ordinance No. 16/2013 on amending and supplementing Law No. 122/2006 on asylum in Romania
- Law No. 137 of 15 October 2014on approving Government Ordinance No. 1/2014 on amending and supplementing Law No. 122/2006 on asylum in Romania and Government Ordinance No. 44/2004 on the social integration of aliens who have been given a form of protection or right of residence in Romania as well as the citizens of the member states of the European Union and the European Economic Area
- Law No. 331 of 16 December 2015 on amending and supplementing several normative acts related to aliens
- Law No. 165 of 24 June 2015 on approving Government Ordinance No. 22/2014 on amending and supplementing Law No. 122/2006 on asylum in Romania
Law No. 116 of 26 May 2017 on approving Government Ordinance No. 25/2016 on amending and supplementing several normative acts related to aliens
- Refugiaţii şi statutul lor juridic, Victor Dan Zlătescu, Irina Moroianu Zlătescu, IRDO, Bucureşti, 1992 (Refugees and their legal status) ro
- Lupta împotriva rasismului, discriminării rasiale, xenofobiei şi intoleranţei, IRDO- ANUROM, Bucureşti, 2001 (Fighting racism, racial discrimination, xenophobia and intolerance)
- A culture of peace, democracy and tolerance in Romania, Irina Moroianu Zlătescu, Comisia României pentru UNESCO şi IRDO, Bucureşti 2002
- Fighting racial discrimination – Aspects, Irina Moroianu Zlătescu, IRDO-ANUROM, Bucureşti 2004
- Diversité dans l’unité, Petru Dumitriu, IRDO, Bucureşti, 2008 (Diversity in unity)
- Statutul juridic al refugiaţilor, Cristina Narcisa Vergatti, IRDO, Bucureşti, 2009 (Legal status of refugees) ro
- Protection against racism and discrimination, Irina Moroianu Zlătescu, IRDO, Buc., 2011
Migration and law, Irina Moroianu Zlătescu, IRDO, Bucureşti, 2014
The Constanța Territorial Inspectorate of Border Police (IGPF) – Coast Guard hosted the last training session of the collaboration project between IRDO, the Anti-Corruption General Directorate, the General Inspectorate for Immigration and the General Inspectorate of the Border Police.
The session was themed ‘Human rights and sea border management’ and it focused on case studies and examples of good practices in managing illegal migration.
The main issues caused by migration by sea were analysed from the human rights perspective (multiple deaths, the difficulty of some states to agree on the jurisdiction, not reporting information obtained through migrants detection systems in a timely manner, prohibiting the entry in ports, refoulements based on bilateral agreements, etc.). Examples from states that have faced major migrant flows were given for each situation.
Moreover, there were discussions on the legal norms that govern migration management at EU borders: the duty to examine international protection applications submitted on the territorial sea, on land or at sea borders, the principle of nonrefoulement, the right to remain pending an examination of the application, the procedural guarantees and the right to effective legal remedy.
At the training session organised by IRDO, other participants took the floor on specific issues: representatives of Constanța Inspectorate for Immigration, Police Chief Commissioner Robert Neacșu from the Prevention of the Anti-Corruption General Directorate, and Chief Commissioner Sava Mădălin of the Directorate for Prevention and Combat of Illegal Migration and Cross-border Crime of IGPF. The latter presented an overview of the operations that took place at Romania`s border in the first semester of 2019.
The second training session for Territorial Inspectorates of Border Police (ITPF) took place at Giurgiu. Officials of ITPF, Police Chief Commissioner Robert Neacșu, from the Prevention of the Anti-Corruption General Directorate, Chief Commissioner Sava Mădălin of the Directorate for Prevention and Combat of Illegal Migration and Cross-border Crime of the General Inspectorate of the Border Police (IGPF), and representatives from the Giurgiu Inspectorate for Immigration attended the training and discussion session.
The target group consisted of 30 law enforcement officials from the Territorial Services of ITPF Giurgiu.
The first part of discussions focused on a short introduction to human rights notions from the police officers point of view. Together with the participants, various concepts were defined and explained, such as values and principles governing human rights, generations of rights, rights holders and duty bearers etc.
The second part of the training consisted of the rights of migrants, as they are reflected in international and regional law. The discussions focused on to the Convention on Refugees, the UN Protocol against the Smuggling of Migrants, the Convention against Torture, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the Charter of Fundamental rights of the European Union.
Following the collaboration on the prevention of corruption in the context of illegal migration, started in 2018, between the Anti-Corruption General Directorate (DGA), the General Inspectorate for Immigration and the General Inspectorate of the Border Police (IGPF), on one hand, and the Romanian Institute for Human Rights, on the other hand, three training sessions will take place this year for the personnel of the Territorial Inspectorate of the Border Police (ITPF).
The first training session took place at the Territorial Inspectorate in Timișoara, and the participants were from the Territorial Services of the Border Police (Caraș-Severin, Oravița, Nidăș, Socol, Moldova Veche, Berzasca, Moravița, Deta, Jimbolia, Drobeta Turnu-Severin, Mehedinți, Orșova, Sînnicolau Mare, Porțile de Fier etc.)
IRDO representative Silvia Iorgulescu, Police Chief Commissioner Bârlici Mihăiţă, director of the Directorate for Prevention of DGA, and Chief Commissioner Sava Mădălin of the Directorate for Prevention and Combat of Illegal Migration and Cross-border Crime of IGPF were present at the debates.
The discussions focused on ‘Human right in the context of illegal migration’ and analysed the migration phenomenon, not from an administrative view, but especially from the human rights view. Among others, the participants discussed the effects of migration, which create multicultural environments at the community level of destination countries. The participants also brought up issues on the rights of migrants and the obligations of authorities. Participants have given examples from their activity regarding the rights of migrants that were fulfilled by Border Police representatives. It should be noted that at the level of ITPF Timisoara, the law enforcement officials have received human rights training from FRONTEX.
Another important debate point was the differentiation between traffickers and smugglers, which is an important issue when it comes to dealing with persons who need international protection, and victims, or concerning the different reasons behind irregular border-crossing attempts.
The session ended with a case study on identifying human rights breaching in an example of smuggling of irregular migrants, which, between the country of origin and the country of destination, transformed into a case with characteristics of human trafficking.
Additional information: http://www.mai-dga.ro/arhive/46044
Roundtable on “Protection and integration of refugees in society”
In the framework of the Roundtable, the latest UNHCR Report “Global Trends” was presented, Campaign “WeStandWithRefugees” #WorldRefugeeDay was popularized and invitations to the “Refugee Day” with OmFest were launched.