Speaking about the legislative framework on which the Czech state relies when regulating the asylum procedure, several seminar participants expressed concern about the policy of the Ministry of Interior of the Czech Republic. It is no secret that it is trying to tighten asylum rules, using for these purposes the elected representatives. The recent proposal by Czech parliament deputy Tomáš Kladívko came under particular criticism at the seminar.
"If an asylum seeker arrives from certain states, it is proposed to introduce - either at the borders or throughout the territory of the Czech Republic - an additional procedure for admitting this person to the procedure for the direct granting of asylum," says Pavel Poržízek from the Association of Citizens Working with Emigrants. "This means that if a person applies for asylum at the border, then until the Ministry of Interior decides on their admission, the applicant will not be allowed into the territory of the Czech Republic. And if the request for asylum is submitted already on the territory of the Czech Republic, without passing this procedure the person will not receive the status of asylum seeker and cannot count, for example, on staying in a refugee camp."
Kladívko's project enjoys the support of the Czech Minister of Interior Stanislav Gross. Nevertheless, according to Poržízek, it clearly contradicts EU regulations, denying asylum seekers a number of rights guaranteed to them by European law. Examples are not far to seek. Take the 1995 EU resolution on minimum guarantees in asylum procedures.
"The main rule enshrined in this document says that an asylum seeker should be granted the right to stay on the territory of this state until a decision is made by the authorized body," notes Pavel Poržízek. For some reason, deputy Kladívko denies this right to asylum seekers. In addition, the resolution envisages granting every applicant the right to an interview in the presence of a qualified interpreter. Deputy Kladívko's project, however, is designed so that the applicant simply writes an application for asylum, meaning that he would in fact be denied an interview.
The Consortium participants are concerned that they will not be able to respond promptly to such parliamentary initiatives and thus will not be able to counteract violations of refugees' rights in Czech legislation. Until now, such issues were resolved in close cooperation between the Czech Ministry of Interior and non-governmental organizations. But recently, according to Dana Němcová from the Consultation for Refugees, the situation has changed: "The Ministry of Interior's approach to cooperation with the non-governmental sector has changed: at first these relations developed very well, but with the approaching accession to the European Union, our interaction has stalled."
A separate part of the seminar was devoted to the integration of foreigners into Czech society. It is gratifying that the Czech state no longer doubts the benefit that legal immigration can bring it. As Miroslav Fuchs, a representative of the Ministry of Labour and Social Affairs, says, "legal immigration is regarded by the Czech government as potential that helps to enrich our society. These foreigners are bearers of creative potential that can contribute to the creation of a more flexible labour market and multiply the cultural wealth of our country."
However, despite such a positive assessment of immigration as such, it can be said that the process of integration of foreigners into Czech society is creaking. "The law on foreigners, which regulates the conditions of their stay, entry and exit from the Czech Republic, hinders their integration. A number of administrative requirements related to visa extension make a frightening impression, and it is our fault that educated and capable foreigners do not have enough motivation to settle specifically with us," complains Martin Rozumek, a representative of the Organization for Support of Refugees.
How will the Czech Republic's policy towards foreigners legally staying on its territory change? The answer to this question was also given at the seminar. In the future, the status of a foreigner permanently residing in the Czech Republic should converge with the status of a citizen of the country. This should manifest itself in a fairly thorough change in the concept of employment of foreigners in the Czech Republic.
"The Ministry of Labour is weighing the possibility of extending and expanding the validity of work permits depending on the duration of a foreigner's stay in the Czech Republic," says Miroslav Fuchs. "Currently, the permit is valid for one year, with one employer and for a specific type of activity. In the future we will depart from this principle: the range of activities that a foreigner will be able to carry out under a work permit will be expanded, and possibly the permit will be extended for more than a year. In the future, a foreigner will be able to find an employer more easily. In the case of employment in the public sector, foreigners could remain on the territory of the Czech Republic and look for a new job until their visa issued for employment purposes expires."
We will be able to get more detailed information about the new concept of employment of foreigners when the Czech government considers the Ministry of Interior's draft.