ASYLUM POLICY IN SLOVAKIA NOT REFUGEE FRIENDLY

UNCLAS SECTION 01 OF 02 BRATISLAVA 000043

SIPDIS

DEPT FOR EUR/CE, PRM, DRL

E.O. 12958: N/A
TAGS: PREL PHUM LO
SUBJECT: ASYLUM POLICY IN SLOVAKIA NOT REFUGEE FRIENDLY


1. SUMMARY: On October 24, the Slovak parliament harmonized
existing asylum law with EU directive 15 by establishing a
system in which the Ministry of Justice provides free legal
aid to asylum seekers. The amendment, and overall
conservative GOS policy towards asylum seekers and recognized
refugees, have drawn muted criticism from NGOs who believe
they do not adequately protect the human rights of this
vulnerable population. However, such criticism lacks
traction with Slovak society writ large. At our behest, the
GOS resettled eight Cuban migrants from Guantanamo this
October, and immediately granted them asylum (which doubled
the annual intake of recognized refugees). Their integration
experience will enable us to better evaluate the ability of
non-Slavic refugees to integrate into Slovak society. End
Summary.

Migration Office
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2. The Director of the Migration Office, Bernard Priecel,
has retained his position under three different Slovak
governments. He describes himself as an "internationally
recognized expert on migration policy." According to
Migration Office Statistics, 54,469 people have requested
asylum in Slovakia since 1992. Of them, only 616 were
granted refugee status. Asked why there are so few
approvals, Priecel explained that most asylum seekers leave
Slovakia and continue on their journey west, where employment
opportunities and social assistance are better. He then said
that Slovakia has over 500,000 Roma (approximately 10 percent
of the population) who are living off the social welfare
system but are not contributing to it. He said before the
State starts granting asylum for "humanitarian reasons" it
must deal with its neediest "internal migrants" first.

Parliament
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3. Opposition (SDKU) MP Martin Pado, who also served as
Minister of Interior during the last year of the Dzurinda
administration, told us that attitudes towards foreigners
still need to change in Slovakia. Pado admitted that during
his time at the Ministry of Interior, he noticed a reluctance
to approve refugee status for asylum seekers. Pado also said
he believes that the financial crisis will have a negative
impact on asylum seekers, as the labor market will constrict
and this will provide an easy rational for decision makers to
not accept more refugees in Slovakia. He said Parliament did
not have any debates on the asylum law amendment, but he
knows that UNHCR and other NGOs were consulted by the
Ministry of Interior, which drafted the amendment.


4. Opposition (KDS) MP Vladimir Palko, who served as
Minister of Interior prior to Pado, told us that Slovakia is
a "young country searching for the right balance between
respect for human rights and the obligations of the State."
Palko also said that it is clear that multiculturalism is not
going very well in other parts of Europe, and thus Slovak
authorities must weigh asylum decisions very carefully.

UNHCR
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5. Peter Kresak, the Director of UNHCR's Bratislava office,
said cooperation with border authorities processing asylum
seekers has improved, as have conditions at reception and
integration centers. Kresak said that he is concerned,
however, about the long-term impact of the new amendment to
the asylum law which obliges the State to provide free legal
aid to asylum seekers only from the second instance, i.e.
during the appeal process after their first claim has been
rejected. Kresak said that NGOs such as the Good Will
Society in eastern Slovakia and the Slovak Human Rights
League in western Slovakia provide legal aid to migrants from
the initiation of the process, which is primarily paid for by
the European Refugee Fund (ERF). Although the GOS has agreed
that ERF money can continue to fund the NGO-provided legal
aid, Kresak is worried that this solution would not be
tenable over the long-term, as ERF money for Slovakia is
decreasing.


6. Kresak also commented that despite the stable economic
situation in the country, there has not been an improvement
in Slovakia's asylum or integration policies. According to
UNHCR Statistics, Slovakia has the second lowest refugee
recognition rate in the region (Slovenia's was lowest.) In
2007, Slovakia received 2643 asylum applications; 14 were
granted refugee status. In contrast, Hungary had 3425
applications, of which 169 were given refugee status. Kresak
said he has heard from several GOS interlocutors that they
are unwilling to invest in improving integration conditions

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for refugees and asylum seekers because they firmly believe
Slovakia is a transit country for refugees.


7. In November, one of Slovakia's largest reception centers
for asylum seekers, Gabcikovo, ceased to operate as a
reception center, and is now used only as a housing facility
for individuals who are granted subsidiary protection (82 in
2007, and 44 through September 2008). According to UNHCR,
there were concerns about potential migrant smuggling
occurring at Gabcikovo, but the official reason the GOS
stopped housing asylum seekers there was merely numbers.
Since Slovakia greatly improved border security and joined
the Schengen zone in December 2007, the number of new asylum
applications in 2008 was only 910, a significant decline in
comparison with previous years.

NGO community
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8. Representatives of Goodwill Society, Human Rights League,
and the Slovak Refugee Council, have told us they fear the
new amendment will not provide adequate long-term legal aid
to asylum seekers. Generally, they feel that a majority of
asylum seekers are in fact moving west, but attributed that
not only to the allure of Sweden and other countries'
refugee-friendly policies, but also to the fact that many
asylum seekers feel unwelcome in Slovakia and have heard they
are almost guaranteed to have their claims rejected. The
Human Rights League estimates that approximately ten to
fifteen percent of the 300 clients to whom they provide legal
aid annually have legitimate "well-founded fear" and should
qualify for refugee status.

An Unusual Case: Cubans From Guantanamo
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9. Despite this general reluctance to grant refugee status
to foreigners, the GOS Migration Office did agree to resettle
eight Cubans in October last year, as part of the USG-funded
resettlement program for Cuban refugees. In two site visits
of the Zvolen integration center conducted by PolOff, one on
October 28 and the other on December 3 (with UNHCR),the
Cubans appear to be actively attempting to learn Slovak and
to have received adequate support from the government. The
Cubans were immediately granted asylum upon arrival, and the
GOS has processed their paperwork efficiently and promptly.
IOM and the GOS agreed to increase the amount of language
training for the Cubans at our request, and both Goodwill
Society and UNHCR commented they were impressed with the
resources available for the Cubans and the renovations to the
Zvolen integration center, where the Cubans are currently
housed.


10. In April, the Cubans will be offered three alternatives
for housing after their initial six months in Slovakia. They
will be able to extend their stay at the Zvolen center,
relocate to GOS-subsidized flats in Kosice or Zilina, or find
their own apartments on the local real estate market in
whichever city they choose. Only time will tell if the
Cubans are able to learn Slovak, find a job, and bring other
family members here. But for now their integration process
appears to be on track, thanks to USG resources complementing
the basic refugee assistance package provided by the GOS.

Comment
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11. There is a growing sense among Slovak policymakers that
Slovakia should not only consume the benefits of freedom and
democracy, but also provide those benefits to others.
Perhaps with this evolving mindset, attitudes towards
migration policy will also shift. Despite a generally
cautious, if not negative, attitude towards minorities, the
Slovaks take their EU commitments seriously. If the current
European Commission debate on improving rights for asylum
seekers mandates more generous standards for refugee seekers
in EU member countries, we believe that would certainly carry
significant weight with the otherwise conservative Slovak
migration authorities. We are encouraged by the GOS
cooperation with the Cuban refugees, who are undoubtedly
experiencing a preferential refugee experience in Slovakia.
We will continue to monitor their unique integration process
closely, and will urge the GOS to do all that it can to make
their integration successful.
EDDINS