Shaddow report: discrimination against Eritrean asylum seekers is racially motivated.

CSDM condemns Switzerland’s discriminatory pratices vis-à-vis Eritrean asylum seekers before the UN Committee on the Elimination of Racial Discrimination (CERD)

Switzerland’s lack of progress since the CERD Committee’s Concluding Observations of 2014 is striking. Of particular concern is the situation of Eritrean asylum seekers which has worsened dramatically in the wake of the Swiss migration authorities’ radical change of practice in 2017 – 2019. As we explain in our alternative report, this change of practice targets specifically Eritrean asylum seekers denying them protection from non-refoulement for which they qualify under international law. Further, Eritrean nationals who are already legally residing in Switzerland have their residence authorization withdrawn, leaving them in legal limbo since expulsions to Eritrea cannot be executed.

The aim of this shadow report is to highlight the above practice which is driven by racial discrimination and which ultimately exposes the persons concerned to the risk of torture, inhuman and degrading treatment or forced labor in Eritrea or a life without a recognized immigration status in Switzerland depriving them of their human dignity.

Read our shaddow report here.

Study by Prof. Maiani on family unity in Dublin Regulation proceedings now available in French, German and Italian.

The Protection of Family Unity in Dublin Procedures: Towards a Protection-Oriented Implementation Practice, CSDM October 2019, discusses the protection of family unity in proceedings arising under the Dublin III Regulation against the backdrop of the Swiss authorities’ practice. The analysis is relevant to any national administration applying the regulation and provides important guidance for European legal practitioners representing asylum seekers.

For translated versions: français, Deutsche, italiano.

14.10.2019 publication of study by Prof. Francesco Maiani, UNIL on Family Unity in Dublin Procedures

We are pleased to announce the publication of a new study:

Prof. Francesco Maiani, University of Lausanne, The Protection of Family Unity in Dublin Procedures: Towards a Protection-Oriented Implementation Practice, CSDM October 2019.

For translated versions: françaisDeutsche, italiano.

Prof. Maiani discusses the protection of family unity in proceedings arising under the Dublin III Regulati on against the backdrop of the Swiss authorities’ practice in this area. His comprehensive analysis is, however, relevant to any national administration applying the regulation and provides important guidance for European legal practitioners.

The study demonstrates that while there is considerable tension in practice between the operation of the Dublin system and the protection of family unity, if properly interpreted, the Dublin III Regulation could afford effective protection to the families of those to whom it applies. Indeed, “in a system where the protection of family life is a ‘primary consideration’ (Preamble Recital 14), preserving or promoting family unity should be the norm rather than the exception and this conclusion is valid a fortiori in situations characterized by particular vulnerabilities” (Maiani § 4.3.3). As demonstrated by the study, where the regulation itself falls short, relevant human rights norms can and must fill in the gaps. These conclusions rest on extensive research including of the jurisprudence of the CJEU and other relevant European and international bodies.

Finally, the study offers an insightful and unique critique of the underdeveloped jurisprudence of the European Court of Human Rights in this area. Importantly, it discusses the emerging contribution – and largely untapped potential – of the UN Treaty Bodies in closing the protection gaps for families and vulnerable persons caught up in the rigours of Dublin proceedings.

The study was published with the support of the UNHCR Office for Switzerland and Liechtenstein. It a companion study to S. Motz, Family Reunification in Switzerland, Legal Framework and Strategic Considerations, CSDM October 2017.