A lack of leadership, vision, and solidarity based on human rights principles are at the core of the European Union’s dismal response to refugee and migration challenges. The mismanagement and politicization of a surge in boat migration in 2015, when over one million migrants and asylum seekers traveled to the EU by sea, has led to a humanitarian and political crisis largely of the EU’s own making that needs to be addressed with the utmost urgency.
If chaos characterized the response of the EU and its member states in 2015, wrong-headed and rights-abusing policies have defined 2016. Instead of providing for safe and orderly channels into the EU for asylum seekers and refugees and sharing responsibility for them equitably, the EU and its member states have endorsed policies designed to limit arrivals and to outsource responsibility to regions and countries outside of the EU. The deeply flawed deal with Turkey and problematic cooperation with the Libyan authorities reflect this approach.
Individual member states have rolled back asylum rights at a national level and the European Commission has proposed an overhaul of the common European asylum system that is more informed by a logic of deterrence than a commitment to basic human rights. Far from ensuring the right to family reunification, over the past year numerous EU countries have restricted the right to bring family members to safety, and there is a discernible trend towards granting subsidiary—temporary—protection over refugee status. Proposed changes to the EU directives governing procedures, qualification for asylum, and reception conditions include some positive measures but also measures to punish asylum seekers for moving from one EU country to another, obligatory use of “safe country” and “internal flight alternative” concepts to deny protection, and compulsory reviews to enable revoking refugee status and subsidiary protection.
The European Commission has also advocated changes to EU aid and foreign policy that would direct them towards migration control objectives rather than improving respect for human rights. The Partnership Framework for relations with third countries represents a clear articulation of the EU’s goal, significantly re-energized over the past 18 months, to intensify migration cooperation with countries in Africa, the Middle East and Asia with the objectives of preventing irregular migratory flows to Europe and facilitating the removal of rejected asylum seekers and other irregular migrants from EU territory.
In the same period EU member states have largely failed to implement the September 2015 emergency relocation mechanism scheme, which in spite of its limited scope stands as the only effort to date to more equitably share responsibility for the recent arrivals to Greece and Italy. As of mid-November, only 7,224 asylum seekers had been relocated.
To date in 2016, over 343,000 have managed to reach European shores by sea, while at least 4,646 have died or gone missing at sea. A substantial proportion of those arriving come from refugee producing countries such as Syria, Afghanistan and Iraq. Such people are fleeing generalized violence, war, and serious human rights abuses. Many others are seeking to escape economic deprivation and may not qualify for asylum.
The numbers of arrivals are down from 2015, when over one million migrants and asylum seekers survived the dangerous journey to the EU. But 2016 is proving even deadlier than 2015, when at least 3,671 died or went missing in the attempt. Border closures and a deeply flawed deal with Turkey contributed to reducing the numbers of those crossing from Turkey to Greece, while crossings from North Africa, particularly Libya, have kept pace with previous years.
In November 2015, Human Rights Watch urged the EU and its member states to take concrete actions to reduce the need for dangerous journeys, address the crisis at Europe’s borders, fix the EU’s broken asylum system, and ensure that EU cooperation with other countries improves refugee protection and respect for human rights. This document, one year later, shows that the EU has gone in the opposite direction.
Throughout this document, we use the terms migrant, asylum seeker, and refugee within the meaning of existing international law. The term migrant describes the wide range of people on the move; it is intended as an inclusive rather than an exclusive term. A migrant may also be an asylum seeker or refugee. An asylum seeker is someone who has or intends to apply for international protection in a country other than her own. A refugee is a person who has a well-founded fear of persecution in her country of origin. A migrant who has crossed international borders without a need for international protection may, following a fair procedure in which their individual circumstances have been assessed and their rights have been guaranteed, be returned involuntarily to their country of origin if this return can be done in a safe and dignified manner. All persons, regardless of status, have inalienable human rights.
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