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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 migrants at the eu external borders policies and practices

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
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 external borders numbers
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
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
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
what is needed
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”