CONFIDENTIAL

37TH EXECUTIVE COMMITTEE OF UNHCR

Brief 2(d) «}

Asylum Seekers in Europe

1. The influx into the FRG and Berlin of Third World asylum seekers (mainly from the Middle East) has increased sharply since 1984: some

74,000 in 1985; nearly 67,000 already in the first eight months of

this year. The FRG'S liberal asylum laws guarantee that anyone

claiming political asylum is allowed to stay while the case is heard, which can take years. In practice, żew arrivals are sent

back. It is doubtful if the Government could get the necessary

two-thirds majority for a change in the constitution (the SPD and

FDP are opposed). Asylum seekers are a:1 increasing economic and

social burden. The issue has become a major comestic political

issue in FRG.

2.

The FRG is not the only country affected. The Netherlands and,

especially, Denmark (which has similar liberal asylum laws) also

suffer from an influx - many coming through the FRG. But the

problem is most acute in West Germany.

3. Approximately 50% of asylum seekers exploit (with GDR and Soviet

connivance) the lack of controls at the Western side of the Berlin

Sector Boundary to enter West Berlin via East Berlin, having arrived at the GDR airport Schönefeld. Most are brought by Aeroflot or GDR airline Interflug. The Berlin Allies have spoken to the Russians,

but cannot introduce controls at the Sector Boundary without

undermining Allied position that East Berlin (the Soviet sector) is not part of the GDR, and that the Sector Boundary is therefore not a

state frontier.

4. The FRG Government have been pressing the GDR to stop the flow

through Berlin, but are reluctant to

to jeopardise inner-German

relations. Honecker has hinted at possible GDR flexibility. Talks

continue but there has been no practical progress yet. The focus in the FRG has now shifted to domestic measures and away from Berlin. Kohl announced on 27 August series of measures, including fines for

airlines which bring asylum seekers, designed to show that the government is taking action. These will not however plug the Berlin

loophole.

CONFIDENTIAL

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