1. The EU condemns the attempted coup in Burundi and also any act of violence or abuse of the constitutional order, whoever the perpetrators may be, and points out that the African Union has stated that it is vital for all Burundian stakeholders to settle their disputes by peaceful means.
2. The European Union (EU) expresses its deep concern at the situation in Burundi; in the wake of the attempted coup, the country is highly vulnerable and there is a risk that the divisions within Burundian society may be exacerbated.
The EU calls on all parties, the government, the security services and all political groups, including their youth movements, to refrain from any action which could exacerbate the tension in Burundi, to bear the higher interest of the country in mind and to seek arrangements compatible with the Arusha Agreements, which are the foundation on which peace and democracy have been built. It calls particularly on the Burundian military and security forces to show restraint, to maintain their neutrality and to protect the civilian population. It also calls for legal proceedings against the alleged perpetrators of the coup to respect the rights of defence and the rule of law.
3. It is now essential for the authorities, political forces and civil society to engage in an inclusive and transparent political dialogue. This dialogue must lead to a political process which abides by the terms laid down in the constitution and respects its institutions, and the fundamental principles of the Arusha Agreement for Peace and Reconciliation of 2000, to ensure that the election process continues in a consensual fashion. The EU points to the need for further verification --in the course of the inclusive political dialogue-- to see that conditions are in place to ensure that the election process is credible, transparent and non-violent. It calls for respect for fundamental freedoms and in particular for the freedoms of opinion, of expression and of the press and of peaceful protest to be guaranteed.
4. In this respect, it agrees with and supports the conclusion of the Summit of the East African Community (EAC) that conditions conducive to the holding of elections are not in place, and that the elections should be postponed, within constitutional limits. The EU points out that its support for the election process and the actual presence of the EU Election Observation Mission are predicated on those conditions. Both the majority and the opposition must shoulder their responsibilities in order to ensure an environment conducive to the holding of elections. In this connection the EU stresses the importance of the Roadmap which the Government and all political players concluded in March 2013 to prepare for free and democratic elections in Burundi.
5. The EU fully supports the efforts of the United Nations (UN), in particular the Secretary-General's Special Envoy for the Great Lakes region, Saïd Djinnit, the work done by the African Union (AU) under former Prime Minister Edem Kodjo, and the East African Community's initiatives to ease the way for dialogue between the parties and ensure a return to stability. It will follow discussions at the next EAC summit with interest.
The EU is ready to contribute to these efforts and calls on all stakeholders in Burundi to engage sincerely in this dialogue, at the appropriate level and in a spirit of compromise and reconciliation. The EU commends the AU in particular on its decision to deploy human rights observers in Burundi as quickly as possible in order to report on violations and to take steps to resolve conflicts at local level.
6. The EU also expresses its concern at the massive population displacements caused by these political tensions, and its concern at the deteriorating humanitarian situation, especially as regards vulnerable groups, particularly women and children. It sees this as a major risk to an already troubled region. It confirms its support for the efforts of humanitarian agencies in the region and for neighbouring countries in their efforts to accept refugees fleeing the insecurity and violence.
7. The EU recalls that its partnership with Burundi is governed by the Cotonou Agreement. It is important that each of the parties respect the terms of the Agreement and ensure that the obligations arising from the Agreement are met, particularly as regards respect for human rights. The provisions of the Agreement have made it possible to maintain enhanced political dialogue with the Burundian authorities over the past few months. Depending on future developments, the EU is ready to consider the adoption of possible measures, including on cooperation. It expresses its determination, where appropriate and with the support of the UN Security Council, to take all measures necessary against Burundian parties whose actions might lead to a perpetuation of the violence and hamper the search for a political solution. It stresses that there can be no impunity for those responsible for serious human rights violations, who must be held criminally responsible.
The European Commission’s newly proposed Agenda on Migration recognises Europe’s legal and moral obligation to save lives and provide protection to people fleeing war, persecution and violence. All EU member states should fully back the proposals, as the right to asylum in Europe is enshrined in Article 18 of the European Charter of Fundamental Rights and both international and EU law obligate member states to offer asylum and provide safeguards to those needing protection.
People are currently paying huge sums to travel on unseaworthy boats to flee war in Syria, conflict and repression in Africa and the dangerous situation in Libya, because Europe’s land borders are closed. Decisions made with full knowledge of the journey’s life-threatening nature prove these people’s desperation. They have no other option because EU countries provide almost no safe and legal routes to seek asylum in Europe. Existing legal avenues of humanitarian visas, family reunification and sponsorships are not utilised by most member states, driving the demand for smugglers’ services.
“The most efficient method of shutting down smugglers is to eliminate the need for their services by providing safe and legal channels to Europe”
The EU has now added a naval operation to “disrupt the business model of smugglers and traffickers networks”. However, the most efficient method of shutting down smugglers – a goal we agree with – is to eliminate the need for their services by providing safe and legal channels to Europe. A military operation will lead to more deaths, either directly as collateral damage in this unwinnable “war” against smugglers or indirectly as desperate refugees take even more dangerous journeys when boats are destroyed. The ultimate irony is that these people are fleeing war, persecution and violence; with this military action they are being met with the same.
Thankfully, Europe has also recognised the need for effective search and rescue in the Mediterranean, and has responded by utilising available expertise within the European border agency Frontex. Several European states and private humanitarian organisations have also made ships available to provide search and rescue outside of the Frontex-led operations. As the Mediterranean has become “the world’s deadliest border”, it is imperative that proper search and rescue equipment be in the right location when it is needed. This requires a substantial operation, perhaps even greater in scope than Italy’s Mare Nostrum. As life is the most fundamental of human rights, further work on establishing search and rescue operations should receive top priority.
But does Europe’s obligation end when people are plucked from the sea? Certainly not.
Given the legal responsibility under international and EU law toward asylum seekers, individual member states cannot rescue without also assuming their share of Europe’s responsibility to provide international protection. This is where the need for “a European solution” and European solidarity are key, as it is unfair for a small number of countries to take responsibility for the majority of asylum seekers and refugees.
“Refugees are not refrigerators, and their apportionment should not be a logistics exercise”
The Commission has proposed an EU-wide resettlement scheme that includes a “distribution key” as a safe and legal channel to Europe. While the resettlement numbers proposed are miniscule compared to the vulnerable people in need of protection, and resettlement has long been a safe and legal channel open to member states, this new scheme does offer a statistics-based method to apportion refugees. A similar temporary relocation scheme and “distribution key” for those already on EU soil would transfer asylum seekers from member states under the most strain.
While these schemes may contribute to building European solidarity in situations of mass influx and emergency, these models fail to take “the best interest of the individual” into account. Refugees are not refrigerators, and their apportionment should not be a logistics exercise. Refugees are children, women and men, most of whom have undergone traumatic experiences during their flight, seeking stability and a new life. Factors such as ties to a member state – such as a family member residing there, existing language abilities and the strength of the existing ethnic community – should be taken into consideration to promote effective long-term community integration. Without such consideration, and given wide disparities in treatment by member states, refugees will continue to move around Europe to live in places most suitable to their situation – as we would all do if our children faced the same peril.
Protection also includes integration support, which the EU must continue to prioritise. The offer of language tuition and additional job skills training, the recognition of existing qualifications and the opportunity to access the job market, decent health care and housing will all help to create a functioning, taxpaying, member of society.
A new rights-based approach to asylum and migration reflecting fundamental European values is urgently needed. While this situation is complex, and further complicated by the realities of European politics, the status quo is untenable.
IMAGE CREDIT: CC / FLICKR – UNHCR
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