02.05.2014 Germany wants to declare Serbia, Macedonia and Bosnia-Herzegovina safe countries of origin

Several German newspapers reported on the pending draft bill of the federal government to declare Serbia, Macedonia, and Bosnia-Herzegovina to be safe countries of origin. The new legislation would allow to process asylum applications from these Balkan states within a week, what according to critics would clearly happen at the expense of individual cases. Many journalists believe that the vast majority of the applicants coming from the Balkans – in 2013 there were more than 20,000 – are Rroma. How they obtained this information is not discussed any further. In its statistics, according to the law, Germany only records the national but not the ethnic affiliation. Since 2009, for citizens of Serbia, Macedonia, and Bosnia-Herzegovina there is no visa requirement: “The right to asylum in Germany is awarded only to few of them – last year there was a total of three. 120’070 immigrants from the Balkans have tried to sue for the right of asylum in court. 39 Serbs, 26 Macedonians, and 17 Bosnians were then allowed to stay. In nine cases out of ten, the asylum applications of this clientele are “obliviously unfounded”, the authorities argue. Therefore, the federal government wants to declare these three Balkan countries as “safe countries of origin”” (Käfer 2014). With the new legislation, the federal government would lo longer have to justify why it rejects an application for asylum from the three countries. It assumes no profound persecution and exclusion of Rroma in Serbia, Macedonia and Bosnia-Herzegovina. A very different notion is communicated by human rights organizations and left-wing politicians: Rroma in the three countries are still heavily discriminated against, both by the authorities and regarding the access to the labour market, schools, and health care. This view is also supported by several reports, such as the last activity report of the European Commission about the national Rroma strategies (Europäische Kommission 2013). The UN refugee agency criticizes the German Federal Government for focusing too much on the topic of political persecution, and thus neglecting discrimination against minorities and human rights violations. Tom Koenigs, former UN special representative in Kosovo, also emphasizes that the classification of nations as safe countries of origin comes at the expense of individuals who are de facto victims of persecution (Armbrüster 2014). Refugee fates are fates of individuals and have to be treated as such, he states, thus securing the protection of those who are actually in need of help. The Rroma Contact Point shares this viewpoint (compare Gajevic 2014, Geuther 2014, Rüssmann 2014, Schuler 2014, Südwest Presse 2014, TAZ 2014).

Ehrich (2014) furthermore points out that the declaration of Serbia, Macedonia, and Bosnia- Herzegovina to safe country of origin gives the states wrong signals regarding their minority policy, since they are also candidates for the membership in the European Union: “Apart from the consequences for individual Roma who actually need asylum, the declaration of the countries as “safe countries of origin” harbours a threat to Europe. Serbia and Macedonia are already official candidates for EU-membership. Bosnia-Herzegovina is a potential candidate. Declaring these states “safe countries of origin” could destroy incentives to improve the situation of Roma in these countries.”