At the request of numerous refugee organisations, the Permanent Peoples’ Tribunal held a public session in Berlin from 8 to 12 December 1994, during which it ruled on refugee policy and the right to asylum in the Member States of the European Union and the European Free Trade Association. The organisations’ main concerns centred on breaches of obligations under the Geneva Convention, which were said to be caused by the introduction of regulations such as the Schengen and Dublin Conventions. These regulations were said to hinder access to territories and reduce admissions. The organisations also expressed concern about the export of arms to oppressive regimes and the promotion of a restrictive and xenophobic asylum policy.
Based on the testimonies and documentation gathered, the Tribunal found the Member States to be responsible for systematic violations of asylum seekers’ rights and recognised the victims’ right to compensation. The Tribunal recommended abandoning restrictive legislation in favour of rigorous, fair and transparent procedures with guarantees of legal assistance, the right of appeal and universal access to European territory. The Tribunal also calls for the concept of a refugee to be broadened to include persecution based on gender, civil wars, and flight from absolute poverty. It also calls for a ban on detention in reception centres or extraterritorial zones, the abolition of the ‘third country’ principle and visa requirements, and the guarantee of basic social rights, such as housing, education, family unity, and access to work, for the entire duration of the procedure.
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