A/HRC/41/44/Add.1
generous minimum requirements imposed by European Union standards for a three-year
period. The changes detract from the more altruistic objectives that the Government set for
itself before the amendment of the Aliens Act. While the temporary identity checks were
discontinued in May 2017 and temporary border controls were removed in May 2018, as a
result of the legislative reform, the number of people seeking asylum in Sweden decreased
significantly.60
53.
While acknowledging the efforts made by the Government in the aftermath of the
2015 migration crisis and in the absence of a joint European response, the Independent
Expert expresses concern at the long-term implications of such restrictive measures for
people seeking protection. As these measures are due to be reviewed in 2019, it is essential
that they remain temporary, and are lifted. In light of the current migration context and the
climate of heightened racist and xenophobic discourse against migrants and refugees in
Europe, including in Sweden (CERD/C/SWE/22-23, paras. 10–11), it is essential that the
State remain a leader and role model in advancing human rights-based international
solidarity by providing safe and legal opportunities for asylum seekers and refugees.
54.
During the 2015 migration crisis, in order to respond to the massive flux of new
arrivals of refugees and asylum seekers, the Government deducted in-country refugee costs
from the budget allocated to foreign development and humanitarian aid. Even though the
deductions were made in accordance with OECD Development Assistance Committee rules,
were due to an exceptional situation and were kept to a maximum of 30 per cent of the
Swedish foreign aid budget in 2016, funding for in-country refugees should be budgeted
and accounted for separately from the foreign aid budget.
55.
While welcoming the choice of Sweden not to use its development cooperation and
foreign aid as leverage to pressure other countries to take back migrants and refugees, the
Independent Expert expresses serious concern at reports of forced returns of some asylum
seekers and migrants originating from war-torn countries like Afghanistan. The people
whose asylum applications have been denied may face the danger of continuing violence
and a high risk of retaliation for having left. Such practices, often based on bilateral
agreements (such as the memorandum of understanding with Afghanistan) 61 and on
individualized assessment, 62 are incompatible with human rights-based international
solidarity. Forced returns to countries where there is an imminent risk of danger for asylum
seekers and their relatives should never be permitted.
56.
The Independent Expert also learned more about the very strict family reunification
policy. Indeed, even though a person is granted a residence permit or receives protection
status as a refugee, family reunification remains uncertain. A person receiving protection
status with subsidiary protection, such as an unaccompanied minor, has little chance of
benefiting from family reunification in Sweden unless that person is granted a permanent
residence permit, a process that can take up to several years. The Independent Expert
expresses concern at these rules, especially regarding the strictness of family reunification
processes for people recognized as refugees. Such rules should be brought into line with the
right to family life, which becomes particularly important and essential for refugees who
have fled from their own countries. Integrating a human rights-based approach in family
reunification processes for refugees should be recognized as a good practice that helps to
advance the goal of human rights-based international solidarity.
57.
Interlocutors brought to the attention of the Independent Expert the challenges
relating to unaccompanied minors arriving in Sweden, especially during the second half of
2015. While most of these children and young adults receive a residence permit, some may
not be granted authorization to stay in the country and may be forced to return to their
country of origin, after an assessment of the conditions that that particular child would face
upon her or his arrival in the country of origin. Authorities also informed the Independent
Expert that unaccompanied children can sometimes “disappear” during the asylum process.
60
61
62
14
Council of Europe, “Report by Nils Muižnieks, Commissioner for Human Rights of the Council of
Europe, following his visit to Sweden from 2 to 6 October 2017”, 16 February 2018, p. 6.
See Sweden, “Agreement between Sweden and Afghanistan on readmission”, 26 October 2016.
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