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IMMIGRATION

Denmark and Rwanda move forward on asylum seeker transfer plan

Denmark and Rwanda on Friday said they would move forward on a plan which would see asylum seekers in Denmark transferred to an offshore facility in Rwanda while their claims are processed.

Denmark and Rwanda move forward on asylum seeker transfer plan
Danish Immigration Minister Kaare Dybvad Bek and Minister for Foreign Development Flemming Møller Mortensen with Rwandan Foreign Minister Vincent Biruta after signing a new deal to move forward on a plan to transfer asylum seekers between the two countries. Photo: Bo Amstrup/Ritzau Scanpix

The two countries signed a joint statement on bilateral cooperation which declared they were “exploring the establishment of a program through which spontaneous asylum seekers arriving in Denmark may be transferred to Rwanda for consideration of their asylum applications.”

It would also include “the option of settling in Rwanda,” the statement said.

The declaration was published on the website of Denmark’s Ministry of Immigration and Integration.

It goes a step further than an earlier partnership agreement, announced by the two countries in 2021, because Rwanda now expressly states that it wants to accept asylum seekers from Denmark.

Earlier declarations referred more vaguely to Denmark’s goal of establishing an offshore or “third-country” asylum centre.

Danish ministers Kaare Dybvad Bek (Immigration) and Flemming Møller Mortensen (foreign development) are currently in Rwanda, where they held a doorstep press briefing on Friday with Rwandan officials to present the new agreement.

Securing an offshore asylum centre has been a long-term, stated ambition of the governing Social Democratic party. The Danish Foreign Ministry recently announced it had opened a local office in Kigali, where two diplomats from the ministry will be based from late this year.

In June 2021, Denmark, known for having one of Europe’s harshest stances on immigration, adopted a law enabling it to open asylum reception centres outside Europe where applicants would live while their case is being processed.

Asylum seekers would still need to submit applications in person at the Danish border and then be flown to the reception centre in another country.

The declaration states that the two lands are working together to enable asylum seekers to remain in Rwanda after their cases are processed.

The two countries say they will speak to the EU Commission and other international bodies to “facilitate international dialogue” about what Denmark and Rwanda view as solutions to the current “dysfunctional” asylum system.

“We are working hard to create a fairer asylum system and we have continuously taken news steps,” Bek said in a press statement.

“At the same time it is important that we don’t rush anything through but instead do our work thoroughly and reach an agreement that complies with Denmark’s and Rwanda’s international obligations,” he said.

When the 2021 Danish law was passed, the European Commission said the Danish plan violated existing EU asylum rules.

Denmark has an opt-out on EU law which keeps it outside of the EU cooperation on laws relating to border control and asylum (but not visa rules and the Schengen area).

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However, the Nordic country could find itself in violation of the Dublin Regulation should it press on with the plan.

The regulation sets criteria for how EU member states must process asylum claims.

Earlier this month, the EU Commission told Danish political media Altinget that a legal assessment of whether the Dublin Regulation had been infringed would be initiated if Denmark went ahead with the plan.

The minority government is also likely to face blowback over the plan from left wing parties which usually secure its parliamentary majority.

The immigration spokesperson with the Social Liberals (Radikale Venstre), Kathrine Olldag, told newspaper Jyllands-Posten on Friday that her party “can not put mandates behind a government – regardless of party colour – that fulfils this project” by moving asylum seekers to Rwanda.

Conservative parties have meanwhile called the two ministers’ visit to Rwanda a campaign stunt, with a general election rumoured to be announced this autumn.

The UK government has also announced a controversial policy to deport rejected asylum seekers to Rwanda, but it has stalled amid legal challenges.

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IMMIGRATION

Danish watchdog slams ‘deteriorating’ conditions at Kærshovedgård asylum facility

Denmark’s parliamentary ombudsman has concluded that conditions at the Kærshovedgård ‘departure centre’ for rejected asylum seekers have worsened and should be improved.

Danish watchdog slams 'deteriorating' conditions at Kærshovedgård asylum facility

Conditions at the centre, which is used to accommodate people who have no residency rights in Denmark, are so poor that they prevent residents from “living life”, the ombudsman said in a statement released on Friday.

The criticisms are based in an inspection of the centre by the parliamentary watchdog in autumn 2023.

Conditions are described as being “a heavy burden and limit on basic living, and this to an even greater extent than before in relation to the general security situation at the departure centre”.

Located 13 kilometres from Ikast in Jutland, the Kærshovedgård facility is one of two deportation centres in Denmark used to house rejected male and female asylum seekers who have not agreed to voluntary return, as well as persons with so-called ‘tolerated stay’ (tålt ophold) status.

The residents do not have permission to reside in Denmark but many cannot be forcibly deported because Denmark has no diplomatic relations or return agreements with their home countries.

READ ALSO: New film reveals life at Denmark’s controversial deportation centre

Kærshovedgård houses people who have not committed crimes but have no legal right to stay in Denmark, for example due to a rejected asylum claim; as well as foreign nationals with criminal records who have served their sentences but are awaiting deportation.

It first became prominent in the mid-2010s, when it received criticism for imposing conditions that could lead to mental illnesses in residents.

Current conditions at the facility were not found to breach any conventions, the ombudsman concluded.

However, the inspectors were “of the impression that residents experience greater feelings of insecurity at the departure centre [and there is] a lot of crime including the sale of narcotics.”

“Additionally, the atmosphere at the departure centre carries a sense of deterioration and a significant number of residents have addiction problems,” the ombudsman statement said.

The ombudsman also observed that, since a previous visit in 2017, “there has been a change in the composition of residents in that people who have a deportation [criminal, ed.] sentence and who did not previously live at Kærshovedgård now make up the largest group at the location”.

READ ALSO: Relocation of women from Danish expulsion centre ‘could take months’

Measures should be taken to improve the situation, the ombudsman said.

“The security situation for the residents of Kærshovedgård appears to have worsened since the ombudsman’s last visit, and this is a development that should be rectified,” the ombudsman, Niels Fenger, is quoted in the statement.

“These are people who are required by the authorities to stay at Kærshovedgård, so the departure centre must be ensured to be a safe place to stay”, he said.

A recommendation is also made in the ombudsman report for new residents at Kærshovedgård to be screened for suicide risk.

Human rights organisations Danish Institute Against Torture and the Danish Institute for Human Rights were also present at the ombudsman inspection of Kærshovedgård. 17 residents with “tolerated stay” status were interviewed and the general conditions observed.

The parliamentary ombudsman (Folketingets Ombudsmand) is a lawyer appointed by parliament to review complaints against public authorities. The full statement on the Kærshovedgård inspection can be seen (in Danish) here.

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