On 19 June 2017 the Council of Europe Commissioner for Human Rights, Nils Muižnieks, published an Issue Paper on “realising the right to family reunification of refugees in Europe”, its aim being to help member states adopt a more humane and human-rights-oriented policy on family reunification for refugees and beneficiaries of international protection. The paper focuses, on the one hand, on European and international standards and, on the other, on national measures aiming at restricting family reunification. The latter include excessively long waiting periods before being allowed to apply for family reunification; discriminatory distinctions between refugees and beneficiaries of international protection; limitations to residence status; an overly narrow definition of family members; routine use of DNA and other biometric assessments; and difficult access to places where family reunification procedures can be initiated. The Commissioner sets forth 36 recommendations on how member states can adopt laws and policies which uphold refugees’ right to reunite with their families in host countries. The recommendations focus, in particular, on ensuring that family reunification is swift and effective; removing practical and financial barriers thereto; making the relevant procedures more effective and less discriminatory; broadening the definition of family; and increasing children’s protection.
During his visit to Bosnia and Herzegovina (12-16 June), the Commissioner addressed the issue of protracted displacement due to the 1990s’ war. He noted that, 20 years later, about 98 000 persons remained displaced, some of them living in deplorable conditions in the remaining 121 collective centres, as he had been able to witness himself by going to one of them. The Commissioner noted that significant efforts had been made in ensuring access to housing for forcibly displaced persons; however, a number of issues relating to security and access to social and economic rights remained to be addressed, for returns to be made sustainable. The Commissioner’s report on the visit, the general focus of which was on transitional justice and media freedom, is forthcoming.
On 28 June the Commissioner took part in the thematic debate organised by the Parliamentary Assembly of the Council of Europe (PACE) on migration. In his statement, he highlighted the importance of migrant integration and family reunification. The Commissioner felt encouraged by the Assembly’s insistence on the importance of family reunification. He recalled that, although the legal and policy case for effective family reunification is clear, there is enormous political resistance to it. He considered that PACE members can contribute a lot to overcome it, in their capacity as national parliamentarians. The Commissioner also emphasised the need to challenge and overcome the negative discourse that attaches stigma to the basic common-sense proposition that families should be together. An effort is made to back up this discourse by figures – on how many extra people would come to Europe as a result of family reunification; however, these are often hugely inflated. According to the Commissioner, it should be shown that their only purpose is to turn the public against family reunification.