The Danish government has defined Greater Damascus as safe for refugees. Amnesty International estimates that 380 Syrian refugees, including children, have had their residence permits revoked. This development is a part of a growing trend among government policies in the European Union towards Syrian refugees. In December 2020, Germany, for example, was the first EU member state to lift, partially, its deportation ban to Syria, making deportation lawful in cases where Syrian nationals were guilty of committing a criminal offence or deemed to pose a serious security risk to the public. If fully implemented, the new Danish policy will make Denmark the first country in the EU to deport law-abiding refugees to Syria.

At present, however, it is not possible for Denmark to deport Syrian refugees to Syria. Since the outbreak of the civil war in 2011, the Danish government has broken all diplomatic relations with the Syrian state. As long as the diplomatic ties between the two countries remain severed, Denmark cannot negotiate a return of refugees with the Syrian government. Instead, the Danish government currently places refugees with revoked legal status in deportation centres until deportation to Syria is possible. A likely consequence is that these refugees remain isolated in deportation centres for years if they do not choose to return to Syria voluntarily.

THE DANISH STANCE ON MIGRATION

Denmark’s return policy is a result of its increasingly restrictive stance on migration and integration in recent years. In 2018, the Danish parliament passed the “ghetto package,” which included discriminatory punitive legal reforms such as allowing courts to double the punishment for certain crimes committed in neighbourhoods classified as “ghettos”. In 2019, the government underwent a “paradigm shift” in which it shifted its core principle regarding immigration policy. Instead of a focus on long-term integration and a policy of granting permanent residence permits, the government shifted to a focus on short-term stay and temporary residence permits. The new goal is to return refugees as quickly as possible to their country of origin.  

The policy is also a part of the Social Democratic government’s political strategy to win over right-wing opposition voters, including the far-right Danish People’s party. The government is trying to out-perform the opposition in being hard on immigrants. Prime Minister Mette Frederiksen made this position very clear earlier this year when she made a pledge to accept no asylum seekers in Denmark. Denmark saw its lowest number of asylum seekers since 1998 in 2020, with only 1,547 people applying for asylum.

INTERNATIONAL CALLS FOR MAINTAINED PROTECTION STATUS

A country of origin (COI) report by the Danish Immigration Service underlined the government’s decision to define Damascus and its surroundings as “safe”. However, this report has been heavily criticised by international human rights organisations. Experts from Human Rights Watch and several other organisations cited in the COI report strongly condemned the report’s conclusions. The organisations have called for the government to reverse policy decisions based on the report. Amnesty International has also called on Denmark to reverse its policy, as Damascus is not a safe area for returning refugees.

The “safe” label comes shortly after the UN Commission of Inquiry’s report on Syria determined that the war is still severely affecting the country and that the Syrian government continues to commit serious human rights violations. The al-Assad regime is currently in control of most of Syria, and arbitrary arrests by the Syrian intelligence service are a widespread phenomenon. The intelligence service is responsible for more than the detention, torture, or disappearance of over 100,000 people. Returning refugees are particularly vulnerable to arrest. Numerous reports have come out detailing the arbitrary arrest and torture of refugees who return to Syria. In 2020, the Syrian Network for Human Rights reported 1,882 cases of arbitrary arrests, many of which were cases of returning refugees. Many Syrians living in Denmark are thus living in great fear of having their protection status removed and the subsequent detention by the al-Assad regime upon return to Syria.

Forcibly returning any refugees to a country where people risk persecution and torture is a serious violation of the fundamental principle of non-refoulement stipulated in article 33 of the Convention Relating to the Status of Refugees. Article 38 of the EU Asylum Procedures Directive echoes this principal by proclaiming that countries may only apply the safe third country concept if life and liberty are not threatened or if there is no risk of serious harm such as torture, inhuman, or degrading treatment.

The United Nations Refugee Agency (UNHCR) has made it clear that it is not justifiable to define Syria as a safe country and has expressed deep concern regarding the development in Denmark. The agency has called for the continued protection of Syrian refugees and a commitment not to forcibly return Syrians, regardless of who controls the Greater Damascus area. According to article 37 in the EU Asylum Procedures, Denmark must base its assessment of what counts as a safe country of origin on information from UNHCR and other relevant international organisations.

THE RIGHT TO SEEK ASYLUM UNDER THREAT IN THE EU

As mentioned earlier, Denmark’s recent shift towards anti-migration is a part of a larger trend in the EU in response to the 2015 refugee crisis. Covid-19 travel and border restrictions have intensified this trend, making it extremely difficult for people to seek asylum. In the first nine months of the pandemic, the EU witnessed a 30 percent drop in asylum applications.

With Germany being the first to lift its deportation ban on Syria, and with Denmark adopting a complete withdrawal of its own ban within the Damascus area just a few months later, there are major concerns surrounding the rights and the protection status of Syrian refugees across Europe. The continued condemnation and pressure from the international human rights community will be crucial for rolling back this dangerous trend.

Mattias holds a BA in Human Rights Studies at Lund University. He is currently pursuing an MA in International Administration and Global Governance at the University of Gothenburg and he is a Project Coordinator at the Swedish Institute of International Affairs.

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