The Netherlands must do more against human rights violations when stopping migrants and refugees at the European external borders, says the Advisory Committee on Immigration Affairs (ACVZ) in a report. According to the committee, the current policy is unacceptable because it conflicts with international standards and European values.
According to the ACVZ, the Netherlands must be careful not to be jointly responsible for this. “We have passed a lower limit in the EU.”
The Netherlands contributes to the security of the external borders and also provides manpower for this. According to the UN Refugee Convention, also signed by the Netherlands, refugees have the right to apply for asylum in Europe.
Because of the so-called pushbacks, the sending of people back at the border, refugees do not get that chance. But it is not really possible to object to the European border guard Frontex or to European authorities, says John Morijn of the committee.
Subpoena Member States
European organizations cannot be brought before national courts, nor can they be brought before the European Court of Human Rights. Member States can, however, be summoned if they are involved in human rights violations to which they have provided money or manpower.
“Dutch lawyers are already preparing such cases,” says Morijn. This can eventually lead to claims for damages.
The advisory body calls on the government to do more at EU level to protect migrants at Europe’s external borders. The attitude of member states must change from ‘what can we get away with’ to ‘what should we do’.
The House of Representatives is holding a round table discussion about the pushbacks with various organizations this afternoon.
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