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See also the December 2016 focus section on separated children.
FRA’s monthly reports highlight key developments in 14 Member States: Austria, Bulgaria, Denmark, Finland, France, Germany, Greece, Hungary, Italy, the Netherlands, Poland, Slovakia, Spain and Sweden. They are published alongside a focus section on a particular topic. Starting in January 2017, extended Member State information will be published in addition to the highlights every third month. No focus section will be published with these reports.
Arrivals by sea to Italy nearly halve, dropping to some 14,040 persons, including around 4,000 unaccompanied children.
Arrivals in Greece decrease to 1,971 (including 730 children), mainly from Syria, Afghanistan and Iraq; more than 200 are recovered dead or missing.
Hungary returns some 1,060 persons apprehended within 8 km of the border to the other side of the fence with Serbia, where they have to wait to apply for asylum in one of the transit zones. Civil society organisations continue reporting multiple cases of severe violence by the police and vigilante groups. No investigations of such incidents by the authorities are known. Apprehensions further than 8 km from the border increase to some 450 persons – compared to 337 in October – and include more than 90 children, 15 of whom are unaccompanied. Some 1,000 persons were prevented from crossing the border, most commonly at the border fence.
In Bulgaria, the number of persons apprehended at the borders and within the territory nearly halves to some 1,300 persons; only 150 of them (mainly from Iraq, Syria and Afghanistan) are apprehended while trying to enter the country.
206 persons arrive in Slovakia, mainly from the Ukraine and some from Iraq, Russia, Syria and Vietnam.
Internal borders and airports
Sweden receives around 2,200 asylum seekers, including some 830 children, 110 of whom are unaccompanied. These figures do not differ significantly from previous months.
Arrivals in Austria continue to decrease slightly – to some 2,790 in November – and mainly include persons from Afghanistan, Nigeria, Pakistan, Syria and Iraq.
Hungary further restricts admission to the transit zones, from 15 to 10 persons per day and transit zone. Although vulnerable persons should be prioritised, access reportedly continues to rely on the guidance of self-appointed “agents” on the Serbian side who decide who comes next in line. Access is also limited to weekdays between 8:00 and 16:30.
A member of parliament issues a report on hotspots in Italy. It points to inefficient identification and registration procedures, as well as expulsions being decided based on nationality in the absence of individual risk assessments.
Some 390 persons manage to have their applications registered at the Polish border, mostly families from Russia, the Ukraine and Tajikistan. Access to asylum continues to be difficult as border guards reportedly refuse entry to persons wishing to apply for asylum. NGOs report cases of applicants from Tajikistan and Chechnya submitting their applications up to 30 times before these are officially registered.
Asylum seekers in Poland – including families with children and victims of torture – are frequently placed in detention pursuant to court decisions for as long as 60 days, due to repeated refusals of entry at the border and the lack of a permanent address.
Asylum
In October, Germany registered 15,180 persons in need of international protection; some 36 % are children and 74 % are younger than 30. Asylum applications decrease to some 32,640, compared to 76,400 in September.
In Germany, NGOs and welfare and lawyers’ associations publish a memorandum urging speedy processing of asylum procedures while insisting on high quality standards and ensuring all procedural safeguards. 87 law firms and 62 counselling offices were consulted during the memorandum’s preparation, and more than 100 cases in which severe deficiencies occurred were examined. These related, for example, to ineffective provision of information on asylum, inaccurate translations, lack of objectivity and diligence, unreasonably long procedures for applicants from certain countries of origin, and late recognition of special needs.
In some parts of Germany, asylum procedures for applicants from third countries regarded as safe countries of origin are accelerated to an extent that individual counselling is often not possible. Thus, many applicants are uninformed about the procedures and their rights at the time of their asylum interviews, during which possible individual grounds for asylum are not considered, according to the Federal Roma Association.
The Higher Administrative Court of Schleswig-Holstein, Germany affirms a decision granting subsidiary protection to a Syrian individual.
NGOs in Germany criticise the increasing share of persons receiving subsidiary protection rather than refugee status, noting that the situation in the countries of origin – for example, Afghanistan – has not improved. According to Pro Asyl, less than 50 % of Afghan applicants obtain refugee status, compared to about 80 % in 2015. Almost 90 % of appeals against such decisions have been successful.
Asylum applications in Hungary decrease to some 650; most are launched in the transit zone, but also upon apprehension. Aside from 16 positive and 485 negative decisions, 1,361 cases are terminated in November because the applicants have left the country. Asylum seekers who appeal negative decisions are typically moved to open facilities as their appeals may take several months.
Asylum applications in Bulgaria decrease to some 1,760. These are submitted mainly by persons from Afghanistan, Iraq, Pakistan and Syria, including some 550 children.
Italy grants asylum in only 3 % of applications decided between January and October 2016.
18 people apply for asylum in Slovakia, including seven children.
By 8 December, 6,212 persons are relocated from Greece, mainly to France, the Netherlands, Finland and Portugal; 1,950 are relocated from Italy.
Some 320 persons apply for asylum in Finland. Since January, some 5,420 applications have been registered. Legal assistance is less accessible for asylum seekers following changes to the country’s legal aid system in September, which reduced the time to appeal negative decisions.
Some 3,660 persons apply for asylum in the Netherlands in October, mainly from Syria, Morocco and Eritrea.
Many recognised refugees accommodated in Styria, Austria leave for Vienna due to higher financial support, more affordable access to infrastructure and a larger migrant community. However, many return shortly thereafter due to difficulties with finding housing and employment in Vienna.
In Austria, long waiting times for decisions on their asylum requests have increased psychological stress and aggressive behaviour among asylum seekers. This causes difficulties for accommodation providers, many of whom are private persons or volunteers in Carinthia, Austria.
Bulgaria announces that it will expel asylum seekers who clashed with the police during protests against conditions and restrictions of movement at the centre in Harmanli. Several hundred asylum seekers are arrested and moved to closed facilities near the border with Turkey, with a view to extraditing them to Afghanistan in December. UNHCR issues a press statement expressing concern.
The police in Milan faces questions over expulsion orders issued in September to persons who approached them to apply for asylum and to asylum seekers whose applications were pending, including two victims of human trafficking.
In a letter to the Italian authorities, 20 MEPs express concern about the expulsion of 40 Sudanese pursuant to a bilateral agreement with Sudan.
The Hellenic Police implements more than 970 forced returns, mainly of citizens from Albania and Morocco.
Returns under the Dublin Regulation from Austria to Croatia are criticised by civil society noting that in Croatia asylum seekers cannot access any healthcare beyond emergency care there.
Alternatives to pre-removal detention, such as the use of special accommodation, are applied as “less severe means” in Austria when families do not cooperate with their return.
Reception and Identification Centres on the Greek islands continue to face severe challenges in accommodating past and new arrivals. Overcrowding, safety risks and the slow pace of registering and processing asylum claims, particularly for some nationalities, exacerbate difficulties within the sites.
The site in Vathy (Samos) is occupied at more than 200 % of its capacity. Almost half of the residents – some 1,000 – live in small camping tents, with limited access to sanitary facilities and no protection from weather conditions. Heavy rainfall floods the tents and destroys residents’ belongings.
Two persons – including a 6-year-old – die and several are severely injured when a cooking gas canister explodes at the centre in Moria (Lesvos). Tensions subsequently escalate in the centre, leading to fires that leave some 400 persons without accommodation, mainly families.
Some 150 persons continue to wait daily at the Hungarian border in deteriorating weather conditions. Even families have to wait up to 120 days before they are admitted to one of the transit zones. On weekends, only the police, the military medical team and one social worker are present in the transit zones. (The Constitution Protection Office is regularly present.)
Although asylum seekers are frequently detained upon filing their applications in Hungary, they are increasingly released and relocated to open camps after one or two months.
Many migrants and asylum seekers are transferred from cities in northern Italy (Como, Ventimiglia, Milan) to the hotspot in Taranto, where they undergo – in some cases repeat – identification and registration. Equipment, assistance for vulnerable persons, and information on the possibility to apply for asylum at the facility are inadequate, particularly as many stay for several days, according to a report by the Senate Special Commission for the Protection and Promotion of Human Rights. Persons are immediately channelled into procedures according to their nationality and their information is collected through “information sheets”.
More than 2,820 persons remain in administrative detention in Greece, including 82 unaccompanied children.
The Parliamentary Ombudsman of Finland orders charges to be brought against three district court judges and one reception centre official, for failing to process decisions on isolated detention according to the law.
Protests against conditions in immigration detention centres (CIEs) in Spain take place in Aluche (Madrid), Zona Franca (Barcelona) and Sangonera la Verde (Murcia). The supervisory judge of the CIE in Madrid confirms several complaints about inhumane treatment, including verbal abuse, humiliation, harassment, gross assaults, and solitary confinement for minor offences.
Safety and material conditions
Tensions among residents of facilities on mainland Greece continue due to frustration with lengthy asylum registration and processing procedures, the slow pace of relocation, and inadequate living conditions.
The largest open centre in Hungary – Bicske, which is also closest to Budapest – will be closed by the end of 2016 despite offering the best conditions (solid building, no containers or tents). Alternative facilities are remote and in worse condition – similar to the very poor conditions at the tent camp in Körmend. This allegedly encourages departures to other Member States, mainly Austria.
Reception facilities in Bulgaria remain overcrowded, with the total occupancy rate falling to 87 % only at the end of November. Tensions escalate at Harmanli, the largest reception centre, where concerns over reception conditions and overcrowding remain unaddressed. Two days after the centre is placed under quarantine due to fears of infection among the local population, tensions escalate and residents throw stones and break windows. The police intervene with rubber bullet guns and a water cannon, arresting more than 400 asylum seekers; 18 are being prosecuted. Investigations into excessive use of force by the police are also launched.
A report on the Italian reception system in 2016 is published, describing assistance and reception measures taken for asylum seekers.
Police in Italy evict almost 100 asylum seekers from the informal camp close to the Tiburtina railway station in Rome, bringing them to the police station for (repeated) identification. Healthcare providers, the UNHCR and NGOs condemn the operation and urge the authorities to provide reception solutions, including basic healthcare, assistance and information.
Reception conditions deteriorate in different parts of Italy. Reports detail inadequate conditions, overcrowding, and a lack of basic services and assistance in Lampedusa, Agrigento, Trapani, and Gradisca (Friuli). Some 120 asylum seekers hosted in special reception centres in Palermo report inadequate conditions, including isolation, lack of basic assistance, lack of legal information, lack of documentation while their asylum applications are pending registration, and fear of being deprived of documents if they leave the centre.
Tensions rise at reception centres in Finland as some centres are closed and inhabitants are moved from one centre to another.
Healthcare and basic services
Sanitary conditions and medical care have been sub-standard at the centre in Harmanli, Bulgaria. Following the imposed quarantine and subsequent violent incidents, some 500 asylum seekers are examined, showing that there was no epidemic risk at the centre. 81 cases of scabies, 17 cases of pyoderma and 2 cases of patients with lice were established.
Three persons were subjected to involuntary psychiatric treatment at Taranto, Italy between March and November 2016.
In Slovakia, social, psychological and legal counselling as well as material assistance continues to be provided exclusively by NGOs, with funding under the EU Asylum Migration and Integration Fund (AMIF).
In Carinthia, Austria, some medical professionals refuse to see asylum seekers, or only under the condition that interpretation is provided. The hospital calls an interpreter only in emergency cases; patients are generally expected to bring along an interpreter.
A lack of, and urgent need for, cultural mediators at hospitals is also reported from Greece. Many patients do not understand the treatment they need and the pathologies they face.
An agreement with the regions in Austria on minimum benefits expires at the end of 2016. As a result, basic benefits – like health insurance – may no longer be guaranteed, unless a new agreement can be reached. Upper and Lower Austria already reduced minimum benefits in their regional laws.
Vulnerable persons on the Greek islands continue to face difficulties in accessing specialist care, as referrals to mainland facilities take a long time.
Refugees in Greece lose their right to accommodation once recognised. Given the lack of available shelter, this exposes them to protection risks.
Assistance to victims of torture and violence is provided through an AMIF co-funded project in Italy, which aims to develop EU protection standards for this group.
Rejected asylum seekers who stay in Finland irregularly constitute a growing group that lacks access to basic rights and services. Families with children and rejected unaccompanied child asylum seekers are of particular concern.
Similarly, in the Netherlands, the vulnerability of irregular migrants and rejected asylum seekers remaining in the country is a major concern, as numbers are increasing. So-called bed-and-bread facilities – which guarantee the most basic level of subsistence – are only available to persons who consistently cooperated regarding their return. Support organisations encounter difficulties in reaching and providing support to irregular migrants. Despite clear procedures for voluntary or forced returns, several organisations note that a large share of persons are stuck between procedures and unable to leave due to a lack of papers, perspectives and means.
Asylum seekers, trafficking victims and children are often detained in Spain, especially when arriving by sea.
More than 24,200 unaccompanied children arrived in Italy between January and November 2016.
As of November, some 50,300 unaccompanied children have been under the protection of Germany’s youth welfare offices.
NGOs and social services staff in Sweden report cases of children being registered and recognised by these services as 15- to 16-year-olds, and then being re-registered as adults by the Migration Agency, which claims they turned 18. The burden of proving minority lies with the children. If evidence is considered insufficient, a child may choose to undergo a medical age assessment; this, however, is practically impossible because most doctors refuse to perform such tests due to their inaccuracy.
In Finland, some 385 unaccompanied children have applied for asylum since January 2016.
Some 460 children apply for asylum in the Netherlands in October; some 900 children arrive for family reunification.
According to the Red Cross, a high percentage of family reunification requests is decided negatively in Austria. As many sons came to Austria with the intention of having their families join them, this is difficult for them to come to terms with.
Unaccompanied children constitute more than 20 % of asylum applicants in Denmark in October 2016, and come mostly from Morocco, Afghanistan, Algeria, Eritrea and Iraq.
Many Afghan unaccompanied children receive negative decisions at first instance in Austria.
Greece endorses “Minimum standards for safe spaces for unaccompanied children in open sites”.
Capacity to accommodate unaccompanied children in Greece remains insufficient. Some 1,200 children continue to wait for accommodation, including some 290 in closed centres and 2 in protective custody (police stations).
The CPT publishes a report on detention and reception centres in Hungary. It notes that insufficient psychological and psychiatric care is provided to children, despite their traumatic experiences, and children’s frequent complaints about violence and intolerant behaviour by the authorities in detention centres. According to NGOs, conditions have not changed since the visit.
In Italy, the Senate Special Commission for the Protection and Promotion of Human Rights finds that many children are accommodated in Taranto, Italy, without access to a separate area catering to their specific needs, and without the possibility to leave the centre during the day.
Although some 4,000 unaccompanied children have been eligible for relocation from Italy since the beginning of 2016, none of them have been relocated so far. Capacity issues and unclear or lacking procedures in Greece and Italy are the main obstacles mentioned in the Netherlands, where civil society protests against the delays.
The Constitutional Law Committee in Finland expresses concerns over Government Bill 133/2016, which introduces designated residence as an alternative to the detention of unaccompanied children. The bill allows for it to be applied for up to four weeks, which is considered too long.
As some specialised facilities close in Finland, unaccompanied children are transferred to other locations, resulting in a change of schools and guardians, which may not always be in the children’s best interests. The Finnish Ombudsman for Children is also concerned about delays in arranging permanent accommodation for unaccompanied children with residence permits.
Similarly, in the Netherlands, children and their families move four to five times during the asylum procedure – or even more frequently when facilities are closed because of restructuring due to lower demand. This strains the children’s development, delays the provision of trauma care, and jeopardises continuity in healthcare and schooling.
Children may be eligible for “child amnesty” in the Netherlands if their asylum procedure has taken so long that they have settled in. However, few children benefit from the scheme because conditions are applied restrictively.
Some 6,000 children cannot attend school in North Rhine-Westphalia, Germany. In large cities, children may have to wait for up to one year for a place in school, primarily due to a lack of teachers and social workers. 16- and 17-year-olds are often not offered schooling. In first reception centres, prior to allocation to municipalities, schooling is not compulsory; in North Rhine-Westphalia, some 2,500 have stayed in these initial facilities for more than three months.
In some German states, persons from “safe countries of origin” are accommodated in arrival and expulsion centres, where they have no access to education or integration measures due to their low chances of staying in Germany.
The monitoring of child reception facilities remains a major concern in Denmark after a centre is closed in October. Deficiencies relate to insufficient follow up on reports, long time gaps in monitoring, and uncertainty as to supervision responsibilities. While the authorities recognise the need for a new supervision concept, the legal basis, monitoring body to be designated, and modalities for effective monitoring remain unclear.
Focusing on youth crime, police in Vienna patrol parks and public places, asking young asylum seekers to move on. Investigations focus on Chechen and Afghan youths in particular.
Children above the compulsory school age (usually 15 years) have difficulties finding places at schools in Carinthia, Austria.
Following the evacuation of the camp in Calais, France, some 270 of the 1,930 children present at the site are transferred to the UK to join their families. Unaccompanied children were to be sent to reception and orientation centres for isolated minors (CAOMIs) specifically set up for children evacuated from the Calais camp. However, individuals were quickly identified as either children or adults based on their physical appearance, according to NGOs, and some children were sent to welcome and orientation centres (CAOs), which are for adults. Other children avoided a transfer and tried to travel to the UK on their own. The UN Committee on the Rights of the Child criticises the handling of the children’s situation as disregarding their best interests. While the standards in CAOMIs vary depending on the region, many organisations report a lack of translators, the failure to accord legal status to the children, limited access to healthcare because not all children are appointed ad hoc administrators, and limited staff and access to schooling. Moreover, children do not know what will happen to them after their stay at such centres, which is limited to three months.
Three unaccompanied children report ill treatment and beatings by security staff in a Centre for Foreign Minors in Madrid, Spain. They were not placed in the custody of child protection authorities because, according to the regional authorities, the Public Prosecutors had not identified the three boys (aged 12 and 13) as children.
Slovakia amends the Act on Religious Freedom and Status of Churches and Religious Communities, increasing the required quorum for registering a church or religious community from 20,000 to 50,000 members with Slovak citizenship.
In Austria, proceedings on past border crossings during officially organised transfers to other Member States – including Dublin returns to Croatia – need to be suspended until the Court of Justice of the European Union issues a ruling on a request by Slovenia’s highest court, according to the highest administrative court in Austria.
France issues a circular on the reception of unaccompanied children in CAOMIs in the framework of the evacuation of the Calais camp.
Policy responses
The Swedish Migration Agency receives many questions on the implementation of the recent agreement with Afghanistan on the return of children. If children are returned, reception by family members must be arranged. The agreement has spurred anxiety and uncertainty among Afghan children and young people as they are increasingly denied residence permits. Protests against the agreement take place in 50 locations throughout Sweden.
Time limits make applications for family reunification difficult in Sweden and Finland. The Finnish Immigration Service introduces an online application form. However, it also requires applicants to visit a Finnish embassy or consulate within three months to prove their identity, although obtaining the necessary visa – for example, for Turkey – is hardly possible within this timeframe.
The police in Hungary start training the first group of volunteers for the so-called “Border Hunting” programme in eleven cities to help the police and army secure the border.
Hungary decides to establish a third defence line at the fence with Serbia, adding paved roads for easy patrol access and equipment with surveillance technology (night vision cameras).
Responses by civil society, local and political actors
NGOs and associations in Italy launch a campaign. It aims to document migrants’ and asylum seekers’ living conditions in formal and informal facilities, and to collect good practices in Italy and, later, Greece.
Opposition to the reception of asylum seekers is voiced in various forms in Italy. In Veneto, a network of citizen committees against the reception of asylum seekers and refugees is set up. In Trieste, almost 900 persons sign a petition against the creation of a reception centre for 20 asylum seekers.
Following the above-described deadly incident in Moria (Lesvos), Greece, several civil society organisations protest against the deteriorating living conditions at the sites on the islands, including the lack of standard operating procedures. They demand action to improve living and security conditions at the centres.
Municipalities in Italy remain reluctant to contribute to the national reception system. The president confirms the need for better communication with local municipalities when meeting with prefects.
The mayor of Ásotthalom, Hungary, member of the right-wing party “Jobbik”, bans the construction of mosques and minarets, muezzin activities, and wearing Muslim headscarves, the chador, niqab or burkini.
Anti-migrant protests continue in Bulgaria, with demonstrations in Sofia, Harmanli, Varna, and Yambol.
A former elementary school outside Rome, Italy, which should have hosted 80 asylum seekers, is burnt down. In Turin, two firecrackers are thrown at a building occupied by refugees, many of whom arrived in 2011.
Violence and hate speech targeting migrant women in public places in Finland prompt concern.
In Germany, 12 violent attacks against asylum seekers, two arson attacks against reception centres, and nine other attacks against reception centres – for example, property damage – take place. In Saxony, 18 of 37 cases of politically motivated crimes registered between January and June 2016 were resolved. The district court of Arnsberg, Germany starts the trial of the director of a refugee accommodation operator accused of raping a female asylum seeker four times on the centre’s premises.
Tensions reach alarming levels near the site of Souda (Chios), Greece. Some residents of the camp reportedly burglarise a store and set off fireworks on the streets, burning down tents of some 100 residents and causing further unrest and clashes. (According to some media sources and NGOs, this was triggered by an attack against residents of the camp by supporters of far-right politics.) One day later, local residents from the town reportedly destroy three tents and partially burn down a hall. What actually transpired remains unclear due to contradictory information on the sequence of events. Some 70 persons, mostly families, subsequently sleep outside of the camp at a nearby carpark for four nights, until UNHCR is able to provide alternative accommodation.
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