Czechia to tighten asylum and migration rules – InfoMigrants

Report on Proposed Amendments to Czechia’s Asylum and Migration Legislation and Their Implications for Sustainable Development Goals

1.0 Introduction

On June 27, the lower house of the Czech Parliament approved a legislative bill designed to tighten the nation’s asylum and migration regulations. The government has stated that the primary objectives of this legislation are to enhance the supervision of applicants, streamline administrative processes, and maintain public safety. While the bill aligns with certain aspects of the broader EU Asylum and Migration Pact, it introduces several stringent national measures. This report analyzes the key provisions of the bill and evaluates their potential impact on the achievement of the United Nations Sustainable Development Goals (SDGs), particularly SDG 10 (Reduced Inequalities), SDG 16 (Peace, Justice and Strong Institutions), and SDG 8 (Decent Work and Economic Growth).

2.0 Key Provisions of the Proposed Legislation

The bill, which is now pending review by the Czech upper house (the Senate), includes several significant changes to existing laws governing foreigners. The core measures are as follows:

• Residency Revocation for Criminal Offenses: Authorities will be empowered to cancel or refuse the extension of residency permits for foreign nationals found guilty of three “serious misdemeanors” within a one-year period. Such offenses include shoplifting, public intoxication, or property damage.
• Restrictions on Temporary Protection: The legislation would permit authorities to deny temporary protection status to individuals, including Ukrainian refugees, who have already been granted or previously held such status in another EU member state.
• Limitations on Asylum Seekers’ Rights: The bill introduces measures that restrict the autonomy and economic opportunities of asylum seekers.
  1. Authorities can mandate the place of residence for asylum seekers, potentially confining them to designated centers.
  2. Access to the labor market may be restricted.
  3. State support may be limited to basic housing and food provisions.
• Expanded Law Enforcement Powers: Police will be granted new authority to access mobile phone data of foreign individuals who fail to present proper identification, a measure the Interior Ministry deems necessary for determining an individual’s country of origin.
• Asylum Reapplication Ban: Individuals who have been deported from the Czech Republic will be barred from reapplying for asylum in the country.

3.0 Analysis in the Context of Sustainable Development Goals (SDGs)

The proposed legislative changes have significant implications for Czechia’s commitment to the 2030 Agenda for Sustainable Development. The emphasis on security and administrative efficiency appears to be in tension with goals centered on human rights, equality, and justice.

3.1 SDG 10: Reduced Inequalities

The bill’s provisions risk exacerbating inequalities for migrant and refugee populations, directly challenging the core principle of Target 10.7 (facilitate orderly, safe, regular and responsible migration) and Target 10.2 (promote the social, economic and political inclusion of all).

• Creation of Vulnerable Groups: Limiting access to temporary protection and employment creates a precarious legal and economic status for migrants, hindering their ability to integrate and fostering social exclusion.
• Disproportionate Impact: The measure allowing deportation for misdemeanors may disproportionately affect marginalized foreign nationals, deepening inequalities within the justice system.

3.2 SDG 16: Peace, Justice and Strong Institutions

While the bill aims to strengthen public order, a key component of SDG 16, several measures raise concerns regarding Target 16.3 (promote the rule of law… and ensure equal access to justice for all).

• Access to Justice: Barring deported individuals from reapplying for asylum and expediting appeals processes may limit access to due process and legal recourse for those fleeing persecution.
• Rule of Law and Privacy: Granting police access to personal phone data without a judicial warrant raises significant privacy concerns and questions the proportionality of surveillance measures applied to non-citizens.
• Institutional Frameworks: The legislation represents a move towards a more restrictive institutional framework for migration, which may undermine the development of inclusive and just institutions that protect the rights of all individuals within a state’s borders.

3.3 SDG 8: Decent Work and Economic Growth

The proposed restrictions on employment for asylum seekers are in direct conflict with Target 8.5 (achieve full and productive employment and decent work for all).

• Economic Exclusion: By limiting job options, the bill prevents asylum seekers from achieving economic self-sufficiency, contributing to the economy, and integrating into the workforce.
• Hindrance to Integration: Lack of access to decent work is a primary barrier to successful long-term integration, potentially leading to increased dependency on state aid and social marginalization.

4.0 Legislative Status and Political Context

The bill was passed in the lower house with the support of the ruling coalition, securing 75 of 134 votes. Notably, the right-wing populist opposition parties, ANO and Freedom and Direct Democracy, voted against the legislation, citing their opposition to the EU’s migrant distribution system, which is part of the overarching EU Pact. The Pirate Party abstained from the vote. The legislation requires final approval from the Senate and the President of the Czech Republic before it can be enacted into law.

SDGs Addressed in the Article

• SDG 10: Reduced Inequalities

  The article focuses on a new law that tightens asylum and migration rules in the Czech Republic. This directly relates to SDG 10, which aims to reduce inequality within and among countries, particularly concerning the rights and treatment of migrants, refugees, and asylum seekers. The proposed legislation, with its provisions for deportation, limited access to protection, and stricter residency rules, directly impacts the inequalities experienced by these vulnerable groups.

• SDG 16: Peace, Justice and Strong Institutions

  This goal is relevant as the article discusses changes to legal and administrative systems affecting migrants. The bill aims to “make administrative tasks smoother” and “process asylum applications more efficiently,” which relates to building effective institutions. However, measures like reducing appeal deadlines, giving police new tracking powers (e.g., looking at phone data), and limiting access to the asylum process raise questions about ensuring access to justice for all and maintaining accountable and transparent institutions.

Specific SDG Targets Identified

1. Target 10.7: Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.

   The entire article is about the Czech Republic’s implementation of a new migration policy. The content describes the nature of this policy, which is presented as a tightening of rules. Specific elements mentioned that fall under this target include:

   • The passing of a bill “to tighten the country’s asylum and migration rules.”
   • Measures to refuse “temporary protection to Ukrainian refugees who already have it or had it in another EU country.”
   • The power to “cancel or not extend the residency of foreigners who are found guilty of three ‘serious misdemeanors’.”
   • The prevention of “deported individuals from reapplying for asylum in the Czech Republic.”

2. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

   The article highlights several aspects of the proposed law that directly affect migrants’ access to justice and the rule of law. These include:

   • “Reducing deadlines for appeals,” which can limit an individual’s ability to effectively challenge a decision.
   • Allowing for the “deportation of migrants after repeat criminal offenses” based on “serious misdemeanors” like shoplifting or being drunk in public, which alters the judicial consequences for non-citizens.
   • Giving police new powers to “look at their phone data” if a foreigner doesn’t show proper ID, which impacts privacy and due process.

Indicators for Measuring Progress

The article does not mention official SDG indicators, but it implies several metrics that could be used to measure the impact of the new policies discussed.

1. Indicators related to Target 10.7:

   • Number of residency permits canceled or not extended for foreigners based on misdemeanor offenses: The article states the law would give the government power to cancel residency for foreigners guilty of three “serious misdemeanors.” Tracking this number would measure the direct impact of this rule.
   • Number of individuals deported under the new law: This is a direct measure of the implementation of the stricter deportation policy mentioned.
   • Number of asylum seekers denied access or temporary protection based on prior status in another EU country: The article specifies this as a “most debated part of the bill,” making it a key metric to track.

2. Indicators related to Target 16.3:

   • Number of asylum appeals filed and their success rate: The article mentions “reducing deadlines for appeals.” A change in the number of appeals filed or their outcomes could indicate a change in access to justice.
   • Number of instances where police access phone data of foreigners without ID: This would be an indicator to measure the use of the new police powers and their impact on privacy and due process for migrants.

Summary of SDGs, Targets, and Indicators

Source: infomigrants.net