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Human Rights of Migrants at the EU external borders : Policies and Practices . Katerina Kratzmann, IOM Vienna. Panel Discussion, 27.06.2013 „European Migration Policy from Human Rights Perspective“. EU Policy on irregular migration. Focus on ‘fight against illegal immigration ’:
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Human Rights of Migrantsat the EU externalborders: Policies and Practices Katerina Kratzmann, IOM Vienna Panel Discussion, 27.06.2013 „European Migration Policy from Human Rights Perspective“
EU Policy on irregular migration • Focus on ‘fight against illegal immigration’: • European Pact on Immigration and Asylum, 2008 • Common Return Policy • Communication on migration, 2011 • EU Action on Migratory Pressure – A Strategic Response, 2012 • Focus on Fundamental Rights of irregular migrants: • Aktion plan on implementing the Stockholm Programm (2010-2014) • FRA Study 2012 FRIM & guidelines • Human Rights Watch“The EU´s Dirty Hands”, 2011 • Amended Frontex-Regulation (1168/2011)
Situation at EU externalborders: Numbers • Arrivals by sea and land constitute a small percentage of the total persons entering the EU - the biggest entry route is via international airports • Eurostat: app. 320.000 refusals at the border in 2012 - vast majority (63%) in Spain with almost 200.000 refusals at the land-border mainly of Moroccan nationals • Frontex (Annual Risk Analysis 2013) detections at the EU external borders dropped sharply in 2012 to app. 73.000 (half of 2011)
Situation at EU External Borders:Human rights situation I • Article 3 - Right to life: • 1.500 migrants drowned or went missing in 2011(UNHCR) • Drifting boats • Disincentives for private shipmasters and ship owners when assisting or rescuing migrants • Interception and Non-refoulement: • Unclear rules on disembarkation • Border protection vs. rescue operation • Dangerof push-backs (Hirsi) • Somepersonsarespeedilyreturned • Treatment on board government vessels • Generally satisfactory • Gender: male officers – female migrants • No information provided for migrants
Situation at EU External Borders:Human rights situation II • Immediate Humanitarianresponse upon arrival: • Medical examination // immediate medicalcheck-up • Closedfacilities (detention-like) • Fair screening and identification: • Problem toidentify and channelindividualstoappropriateprocedures (Asylumseekers, (suspected) VoTs, UAMs, other) • Interviews bypolicewithout legal advisor and sometimeswithout professional translator • AsylumSeekers: access (UNHCR; mixedmigrationflows) • VoTs: training for borderguards, identificationdifficult • UAMs: delays in identification; challengewithBIC • Other: noprotectionmechanisms
Whatisneeded? • Noviolation of Art.3 • Stepupadvocacytoensure the human rights of migrants in accordancewith international law • Introduce policy measures meeting both the States sovereign right to determine the conditions of entry and stay in its territory and the protection and promotion of human rights of migrants. • Increasedhuman rights approach on the ground • Mainstreaming human rights in migration and asylumdebates, institutions and processes in the EU: • In discourse, conceptualization of migrants as individuals and equal holders of human rights (wording “irregular” – “illegal”) • In organs like the HL WG on Asylum and Migration and SCIFA • In the 2 new funds of DG Home (Asylum and Migration Fund (including Resettlement and EMN, 3.869 bil); Internal Security Fund (including new large-scale IT systems, 4.648 bil) • Surveillance systems like EUROSUR (244 mil); “smart borders”
