France violates International Law by refusing Asylum to Dounia and Adnane Filali
BY: Hana Saada
ALGIERS- In recent years, the term “refugee” has become increasingly familiar to us due to its frequent use in the media. However, it is important to understand the true meaning of this term.
In essence, a refugee is a person who is compelled to flee their country due to a serious violation of their human rights, such as persecution based on ethnicity, religion, political opinion, or minority status. When their own government fails to protect them, or is the very source of their persecution, they are forced to seek refuge elsewhere.
Dounia and Adnane Filali, a Moroccan couple who are also journalists and YouTubers, are a prime example of this definition. Their political views, which were critical of the Mohamed VI regime, led to their expulsion from Morocco. As a result, the United Nations High Commissioner for Refugees (UNHCR) recognized them as refugees.
Unfortunately, their journey to safety was not without further hardship. They were subjected to a police attack in China, where they initially sought refuge. Consequently, they fled to France with the hope that the French government would honor their refugee status, as recognized by the UNHCR.
The French government’s denial of protection to a couple of journalists without even hearing their case is a matter of concern. The reason for the denial of asylum seems to be France’s fear of deteriorating its relationship with Morocco, a country whose energy and geostrategic power makes European democracies tremble. This fear is the same that led President Sánchez to recognize Morocco’s authority over Western Sahara last year, contradicting all UN resolutions and the Congress itself. The Rajoy government had the same political reason when it expelled thirty Sahrawi protection applicants in 2014, which earned Spain a sentence from the European Court of Human Rights (case of A.C. et al. v. Spain).
Although the granting of refugee status in the European Union is the responsibility of the Member States, there are minimum standards that national authorities must comply with. According to the Recognition Directive (2011/95/UE) and Asylum Procedures (2013/32/UE), the police or relevant administration is obliged to examine the request of the person concerned. In this examination, the authority must not only listen to the applicant’s version of the facts, assessing its credibility, but also gather the available information on the country of origin to contrast the individual story with the general situation of human rights in that country.
France, which has developed these Directives in its national legislation, has not complied with any of these obligations. The decision to deny protection was made before interviewing the couple of journalists, and the French authorities ignored not only the opinion of the UNHCR but also relevant reports such as the Press Freedom Index, according to which independent journalists in Morocco suffer constant pressure.
France’s recent decision to deny asylum to Dounia and Adnan Filali, citing concerns over harming relations with Morocco, is a clear violation of international law. As per the Refugee Convention, individuals seeking asylum have the right to a fair and impartial hearing, as well as the right to appeal any decision made against them. Additionally, the Reception Conditions Directive (2013/33/EU) mandates that States provide applicants with accommodation, social assistance, and work permits while their application is being processed. Unfortunately, Dounia and Adnan were denied all of these rights.
Furthermore, the French government’s dissemination of a Moroccan police report warning against granting protection to the couple is a direct contradiction to the Refugee Convention’s purpose of creating a barrier between the refugee and the persecuting State.
In response to this injustice, Dounia and Adnan have initiated a hunger strike to pressure the French government into recognizing their rights as refugees. They are also seeking assistance from the international community to relocate to a safe country.
However, given Europe’s reliance on Moroccan energy, security, and border control services, it remains to be seen if any State will be willing to offer them asylum. The Spanish government, in particular, may be hesitant to respond to their call for help, given Morocco’s reaction to Spain’s hospitalization of the Polisario Front leader in 2021.
BY: Juan Ruiz Ramos, Professor of Public International Law (FPU) at the University of Granada.
Translated by: Hana Saada
