Ter Apel asylum center "falls short of even the minimum standards": EU Commissioner

Dunja Mijatović, the European Commissioner for Human Rights, severely criticized the state of Dutch asylum reception, urging the country to take quick measures to improve the conditions for asylum seekers. The current situation at the asylum application center in Ter Apel “falls short of even the minimum standards under Article 3 of the European Convention of Human Rights,” she said in a letter addressed to responsible State Secretary Eric van der Burg (Asylum).

“The current situation appears to be less related to a sudden and unforeseen increase in arrivals, but rather exposes some more structural shortcomings,” Mijatović said. She noted the death of a 3-month-old baby at the registration center last week, as well as the fact that hundreds of asylum seekers had been forced to sleep outside in recent weeks. “I am also aware that, apart from the most visible situation at the Ter Apel center, many people have been staying for extended periods in emergency reception that is inappropriate for anything more than very short term stay.”

Mijatović said she is aware of the challenges the Netherlands and other member states face in taking in Ukrainian refugees alongside other asylum seekers. Still, she is concerned by how the Netherlands treats Ukrainians differently from other asylum seekers. “I join the call of others, including the Dutch National Human Rights Institution, to prevent discriminatory treatment in access to reception and other services.“

The European Commissioner noted that some of the Dutch government’s plans to tackle the current challenges could impact “the right to seek asylum or the right to family life,” referring to the Cabinet’s plan to restrict family reunification. “I stress that any further steps should be fully in line with the Netherlands obligations under international refugee and human rights law.”

She urged the Netherlands to work on a more sustainable reception “that is sufficiently responsive to fluctuations” in asylum flows, reduces the risk of capacity problems, and ensures “safe and dignified conditions for all.”

Mijatović also raised concerns about the Dutch government’s focus on reducing arrivals and deterrence when communicating with the public about asylum reception. According to her, focusing on this instead of the Netherlands’ responsibility to host people in need of protection undermines public willingness to support asylum reception. “I, therefore, call on the Netherlands to be an advocate for fair and human rights compliant system fr asylum and protection and to reject approaches primarily focused on deterrence.”

In response to the Commissioner’s letter, Van der Burg summarized the government’s plans and measures to address the situation in Ter Apel. “The government will do everything it can to ensure that the dire conditions for newly arrived asylum seekers are alleviated as soon as possible and continue to work on a fair and effective asylum and migration system,” he said. But he added that the Netherlands can not do this alone. “Solutions are needed at a European level as well.”