In September 2016 the Danish high court upheld a verdict, which criminalised humanitarian assistance to refugees. A children’s rights activist was among the three hundred other Danes who were found guilty of breaching Danish law, and subsequently prosecuted for human trafficking.
Shockingly, there is no evidence of human smuggling in any of the cases presented in court. There was no exchange of money, nor were they clandestine in nature. Benevolent Danes merely picked up refugees after a train from Germany was stopped in the Danish border town of Rødby. At the time, the government was quiet with no proper policy position in place for refugee migration. This lack of clarity led to extreme confusion, particularly amongst the Police Force about the legality of helping migrants along their journeys. People simply did not know that helping another human in distress was illegal.
These prosecutions have resulted in large fines and prison sentences of up to two years being given. They have successfully deterred many European civilians from providing help to migrants crossing the continent. European civilians are now faced with a dilemma; either abandon their moral compass and remain on the right side of the law or risk breaching the law but maintain universal humanitarian values that connect us all. This is a unique situation in which the law is at odds with decency, empathy and liberty, virtues upon which the European project is predicated.
Unfortunately, there is also large confusion on the definition of migrant smuggling. The United Nations define the act as exclusively motivated by “financial or other material benefit”. This is in sharp contrast to the Council of the European Union definition which broadly stipulates that anyone who assists migrants to “enter or transit across” a country is in breach of national law and can be prosecuted. Discussing and debating the legality of civilian refugee aid becomes much more difficult when many contradictions are present. Uncertainty will continue to rise amongst the public and further indecision will continue from all parties responsible for tackling the migration crisis.
Whilst we must be wary when comparing recent events with the biggest genocide of the 20th century, punishing European civilians for aiding the persecuted is reminiscent of the punitive policies of Nazi Germany. The intent of this comparison is not to trivialise the Holocaust, indeed drastic measures such as death penalty have not been implemented, and over one million asylum seekers have been welcomed in 2015 alone. But it serves as a continual reminder that punishing civilian goodwill and outlawing instinctive humanitarian qualities will only compound mass humanitarian crises.
Photo credits to TT
People often talk about the dangers of progressive dehumanisation of refugees, but perhaps we ourselves are subtly undergoing a form of dehumanisation led by these faulty laws? Perhaps we are becoming increasingly desensitised to the refugee crisis? It is at moments like these, when we must remember that history is never repeated unintentionally.
Majed Tw 31/01/2017