Criminals at the border?

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Criminals at the border?

• People Smuggling, Asylum and the European Union

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I. INTRODUCTION

• Thesis Title
• Criminals at the Border? People Smuggling,
  Asylum and the EU
• Research Question/Statement
• This thesis examines the responses made by
  the EU to the arrival of African asylum seekers
  in Porto Empedocle in 2004 via people smuggling,
  and compares these responses to those made by the
  EU in 1998, when a group of Kosovar asylum
  seekers assisted by people smugglers illegally
  entered the UK via Dover. It will examine whether
  the inclusion of Declaration 17 in the 1999
  Amsterdam Treaty, which fostered an EU-UNHCR
  partnership, has led to a higher degree of
  involvement for the UNHCR in EU asylum affairs,
  and a higher degree of EU compliance to the 1951
  Geneva Convention.

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• Thesis Objectives (Exploratory Comparative)
• To highlight the humanitarian aspect of people
  smuggling from a refugee rights perspective
• To examine the involvement of the UNHCR in the
  EUs reception procedures for smuggled asylum
  seekers, and determine whether the inclusion of
  Declaration 17 in the 1999 Amsterdam Treaty has
  led to a strengthened and more interactive
  EU-INHCR partnership in the field of refugee
  protection, and the insertion of refugee concerns
  in the EUs border control agenda

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• IMPORTANCE NOVELTY OF RESEARCH
• People smuggling an area of contention in the EU
  at present
• Existing literature treats people smuggling as a
  business or criminal activity lack of
  theoretical constructions treating smuggling as a
  response to humanitarian requirements
• Lack of literature in regard to EU-UNHCR
  relationship, and the UNHCRs activities in the
  EU
• Existing literature on the EUs responses to
  smuggling and asylum is largely results-oriented
  thesis takes a procedural focus

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• DUAL IMPERATIVE OF REFUGEE RESEARCH
• Contribution to embryonic literature of people
  smuggling as a humanitarian exercise (theoretical
  impact) and
• Using knowledge and information generated by the
  research for policy recommendations (practical
  impact).

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II. SUB-QUESTIONS

• What is people smuggling and what is its role
  in the international refugee protection system?
• How did the EU respond to the illegal entry of
  asylum seekers into its territory in 1998 and
  2004 respectively?
• How did the inclusion of Declaration 17 in the
  1999 Amsterdam Treaty foster an EU-UNHCR
  partnership in the area of refugee protection?
• What changes were introduced by Declaration 17 to
  the UNHCRs role and activities in the EU?
• What were the changes introduced by Declaration
  17 to the reception procedures and conditions for
  smuggled asylum seekers in the EU?
• In what ways has Declaration 17 affected the EUs
  border control agenda?

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INTERVENING VARIABLE Reasons EU is preferred
destination by smuggled asylum seekers
INDEPENDENT VARIABLE Strengthened EU-UNHCR
partnership Developments in EU asylum and border
control policies
DEPENDENT VARIABLE Working relationship between
the EU and UNHCR
CONTROLING VARIABLE
MODERATOR VARIABLE Inclusion of Declaration 17 in
Amsterdam Treaty
Illegal entry of Kosovar refugees in Dover in
1998 African refugees in Italy in 2004
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III. THEORETICAL FRAMEWORK

• People smuggling as a humanitarian activity
  (Refugee Perspective)
• Developing nascent ideas of smuggling as
  humanitarian
• Applying concept of humanitarianism to refugee
  protection
• EU actorness in refugee rights and border
  control
• Bretherton Vogler (1999) EU as several
  international actors
• EU decision-making process in asylum and border
  control
• Moravcsik and Liberal Intergovernmentalism
  CEAS, Schengen, Dublin
• Title IV vs Title VI of TEU

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IV. DEFINITION OF KEY CONCEPTS TERMS

• Definitions of smuggling, refugee as
  prescribed by international conventions and
  protocols to be used
• SMUGGLING, not Trafficking
• the procurement of the illegal entry of
  a person into a State Party of which the person
  is not a national or a permanent resident in
  order to obtain, directly or indirectly, a
  financial or other material benefit (Art 3(a)
  Smuggling Protocol)
• REFUGEE, not Economic Migrant
• owing to a well-founded fear of being
  persecuted for reasons of race, religion,
  nationality, membership of a particular social
  group or political opinion, is outside the
  country of his nationality, and is unable, or
  owing to such fear, is unwilling to avail himself
  of the protection of that country. (Art 1A (2)
  1951 Convention)

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• Development of a definition of people
  smuggling reflecting its humanitarian aspect
  (WORK IN PROGRESS!).
• Factors to consider
• Process of transporting people beyond the reach
  of persecution and bringing people before the law
• People being smuggled unarmed
• International law right to claim asylum
  regardless of method of entry
• Endorsement by EU (and the West) of creation of
  refugee camps outside country of origin
• Applicability of Principles of Humanitarian
  Action (impartiality, neutrality, independence)
• Applicability of law of armed conflict
• Reference to history smuggling acceptable in
  WWII in Europe

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V. METHODOLOGY

• Qualitative (EU Policy Analysis) and Quantitative
  Approach (Refugee statistics)
• Data Collection Methods
• Archival Method examination of documents,
  materials
• Case Study - comparing 1998 and 2004 entry of
  asylum seekers via smuggling
• Interviews (semi-structured)- UNHCR, European
  Parliament, Commission, NGOs, local border
  control authorities, refugee communities (via
  Snowball technique)

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SOURCES OF DATA

• 1998 arrival of Kosovar asylum seekers in Dover
  reception conditions and procedures taken for
  determination of asylum claims
• Sources of data
• UNHCR London Office
• Periodicals
• Local authorities (Dover)
• UK Home Office
• NGOs
• EU COM Reports
• Interviews (Semi-structured) with members of
  Kosovar community (snowball technique)
• Interviews with UNHCR (Semi-structured)
• ECJ

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• 2004 arrival of African asylum seekers via Cap
  Anamur in Italy reception conditions and
  procedures for determination of asylum claims
• Sources of data
• UNHCR Brussels Office
• Cap Anamur (German charitable organisation)
• European Parliament LIBE Committee
• EU COM Reports
• African community in Italy (could be problematic)
• Interpol/Europol (problematic)
• NGOs
• ECJ jurisprudence

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VI. DIFFICULTIES LIMITATIONS

• Nature of refugee research methodological and
  ethical considerations
• 2. Geographical limitations question of
  funding
• 3. Work-Information exchange internship
  necessary?

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VII. INTENDED RESULTS?

• Publication of chapters?
• Publication of Literature Review as a Working
  Paper?
• Policy recommendations?