What the EU can do about the Humanitarian Crisis in Lebanon - A JHA Approach

The world has watched with increasing horror as the humanitarian crisis has developed in Lebanon since mid July 2006 when the Israeli offensive began. The United Nations High Commission for Refugees estimates that as of 27 July 2006, 700,000 people have fled their homes in Lebanon and more than 150,000 people have crossed into Syria [1]. However, this is not just a crisis which is touching the Middle East, at least one EU Member State has been deeply affected by the mass influx of refugees from Lebanon on its territory - Cyprus. Thousands of Lebanese have flooded into the tiny island which has resulted in the country requesting the EU for help [2]. Two things are critically needed - first to provide a safe haven for the displaced persons fleeing Lebanon; secondly to provide an orderly and coherent response where the member States demonstrate their solidarity with one another to take responsibility for the displaced persons for as long as necessary.

What can the EU do to achieve these objectives? The answer is very simple - use the instrument which the EU adopted four years ago which is designed exactly to provide the kind of immediate assistance and cooperation which is required. In 2001, the EU adopted a directive designed explicitly to deal with exactly the kind of humanitarian disaster which results in a mass influx of displaced persons into the EU - Directive 2001/55 - on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof. According to the directive its purpose is to establish minimum standards for giving temporary protection in the event of a mass influx of displaced persons from third countries who are unable to return to their country of origin and to promote a balance of effort between Member States in receiving and bearing the consequences of receiving such persons.

The Directive defines a mass influx as the arrival in the Community of a large number of displaced persons, who come from a specific country or geographical area, whether their arrival in the Community was spontaneous or aided, for example through an evacuation plan (article 2(d)). This is certainly the situation which currently applies in Cyprus. According to the Directive the existence of a mass influx of displaced persons is established by a Council decision adopted by qualified majority voting. Thus one Member State cannot block the adoption of a Council decision to this effect. The proposal for a decision must be made by the Commission but the Commission is obliged to examine any request by Member State that it submit such a proposal to the Council. Thus any Member State, including Cyprus may request the Commission to make a proposal that there is in existence a mass influx of displaced persons such as to trigger the Directive. The requirements of the proposal and decision are set out in article 5 of the Directive.

What would be the result of the opening of a temporary protection scheme? There are three key benefits:

(1) Displaced persons arriving in the EU from the humanitarian crisis in Lebanon would be provided with protection, including accommodation, medical assistance and food. They would also be entitled to family reunification and the right to work. Their status would be secure for the duration of the crisis. The asylum procedures of the Member States would not be overwhelmed with asylum applications to be dealt with as these people would be entitled as a matter of coming within the class of persons described in the decision, to protection.

(2) The adoption of a mass influx decision permits the use of the solidarity mechanisms contained in the directive so that one small Member State - Cyprus, does not end up carrying the whole burden of the crisis. The European refugee Fund may be used to fund the costs of the crisis and under article 25(3) when the numbers exceed reception capacity of the Member State the Council must consider as a matter of urgency additional support.

(3) The opening of a temporary protection scheme sends a strong message of solidarity among the Member States in the face of the humanitarian disaster unfolding in Lebanon. The political importance of the EU Member States living up to their international human rights obligations as incorporated into the directive is enormous. While the international community may be at odds about how to end the crisis, the EU should take the lead in demonstrating in concrete terms its commitment to the protection of persons displaced by the crisis.

27 July 2006.