DROI

The EUropean Dream: With wars looming and spreading across the world causing many to seek safety and a better life in the EU, the new EU Asylum and Migration Pact seems to be doing the opposite by diminishing the rights of immigrants and asylum seekers, making it harder for them to access safety within the…

Committee on Human Rights (DROI)

By Kristofer Grigaitis (UK)

The EUropean Dream: With wars looming and spreading across the world causing many to seek safety and a better life in the EU, the new EU Asylum and Migration Pact seems to be doing the opposite by diminishing the rights of immigrants and asylum seekers, making it harder for them to access safety within the EU, and causing a ‘surge in suffering’ on every step of an asylum seeker’s journey. What steps could the EU take to safeguard asylum seekers’ rights while helping to resolve its issues with the migration crisis and policy?

Introduction

The European Union faces a critical juncture in its handling of asylum and migration policies during a turbulent period where many countries on the continent are experiencing a migration crisis. These happen mainly due to conflicts, and the Member States seem to be unable to battle them due to existing EU legislation. Despite the EU’s humanitarian commitments and international obligations, the implementation of the new EU Asylum and Migration Pact has sparked debates in national parliaments over its effectiveness and impact on the rights of immigrants and asylum seekers, particularly children. This Topic Overview will aim to shed light on the subject, exploring the challenges faced by the EU and Member States, and providing legal and social foundation to explore possible solutions to safeguard the rights of asylum seekers while addressing the growing migration crises being experienced across Europe.

Key Terms

  • The EU Asylum and Migration Pact is a recent legislative framework proposed by the EU to manage asylum and migration flows, aimed at establishing a common, standardised approach among Member States. It places responsibility on them, through housing or financial means, to support asylum seekers with the aim that no Member State should shoulder a disproportionate responsibility. Moreover, it stipulates that all Member States should contribute to the process on a constant basis which would lift the burden the border States face due to being the first point of contact for many refugees. It is expected to be enacted in 2026 following a vote in April, 2024 by MEPs in the European Parliament.
  • Xenophobia is the dislike of or prejudice against people from another country, religion or race. This can be caused due to social perception that is coloured by perceived increases in crime, housing pressures on citizens, as well as economic, and the conversion and allocation of hotels, houses, and land to house asylum seekers. These issues have caused protests and incidents that have targeted asylum seekers and given rise to negative sentiments.
  • Non-refoulement is a fundamental principle of international law that prohibits the expulsion or return of asylum seekers to a country where they may face persecution, torture, or other serious human rights violations due to race, religion, nationality or political opinion. 
  • Asylum Seekers are people who have fled their home countries due to persecution, conflict, or violence and are seeking protection and safety as political refugees in another state. Asylum seekers retain this status which generally limits their social movement and ability to work after a certain period of time until their applications are assessed and where they can be given refugee status with leave to remain in that state considering all laws are followed. Note that, migrants, or economic migrants, are those who leave their country purely for financial or economic reasons and do not flee due to prosecution.
  • Migration is a mass movement of people from one place to another, whether within a country or across international borders, often driven by various factors such as economic opportunities, conflict, or environmental issues and disasters. Recent examples of events that caused mass migration include the War in Ukraine in 2022 and wars in Syria, Iraq, and Afghanistan that caused the 2015 Migrant Crisis in the EU.
  • Irregular migration is the irregular, unauthorised, or undocumented migration without official permission from the authorities for reasons that don’t constitute a claim for asylum. It is important to differentiate whether an asylum seeker is entering illegally or not as it defines what actions the state they fled can carry out as their application is not based on the factors discussed above.

Actors and Stakeholders

The European Commission is the EU’s politically independent executive arm that is solely responsible for drawing up proposals for new European legislation. It also promotes the general interest of the EU by enforcing legislation as well as implementing policies and the EU budget. Additionally, it also contains the Migration and Home Affairs department which is responsible for EU policy on migration and home affairs. An example of the European Commission’s work is the EU Emergency Trust Fund for Africa. This initiative aims to address the root causes of irregular migration and forced displacement by providing support to countries in Africa. Through the Trust Fund, the European Commission funds projects focused on improving economic opportunities, strengthening governance and security, and providing humanitarian assistance to vulnerable populations. By addressing these underlying issues, the European Commission aims to reduce the need for people to migrate irregularly and enhance the protection of refugees and asylum seekers in Africa and beyond.

EU Member States hold significant power in influencing policies through the European Parliament that could benefit asylum seekers’ rights through advocating for reforms in EU migration policies to better accommodate the specific challenges they face, such as providing additional resources and support for processing asylum claims and addressing humanitarian needs. Additionally, they can push for increased solidarity and burden-sharing among all EU member states to ensure fair and equitable distribution of responsibility for asylum seekers, which has been seen through the EU Migration and Asylum Pact. Within the EU, competencies in migration policy are shared between national legislation of the Member States and the EU itself. National legislation typically covers areas such as asylum procedures, integration policies, and labour migration rules. The EU’s role in migration policy primarily involves setting common standards and frameworks to ensure consistency and coherence across member states. This includes establishing EU-wide asylum procedures, coordinating efforts to manage external borders, implementing common visa policies, and promoting solidarity and burden-sharing among member states. Additionally, the EU supports member states through funding, capacity-building, and cooperation with third countries to address migration challenges comprehensively.

The United Nations High Commissioner for Refugees (UNHCR) is a United Nations (UN) agency responsible for protecting and supporting refugees and displaced persons worldwide. Its primary mandate is to safeguard the rights and well-being of refugees, advocating for their protection, assisting in their resettlement, and promoting durable solutions to their displacement. In relation to the EU, UNHCR plays a significant role in providing guidance and support to EU member states on matters related to asylum and refugee protection. While the UNHCR does not have direct authority over EU policies, it works closely with EU institutions and member states to ensure that asylum and migration policies align with international refugee law and human rights standards. One example of UNHCR’s work is their involvement in the Refugee Coordination Model in Greece. In collaboration with Greek authorities and other humanitarian organisations, UNHCR established Reception and Identification Centers on the Greek islands to provide initial reception, registration, and identification of asylum seekers arriving by sea. This project aims to ensure dignified reception conditions, expedite asylum procedures, and facilitate access to essential services for refugees and migrants arriving in Greece.

The International Organisation for Migration (IOM) is another UN agency which is the leading organisation in the field of migration and contrary to the UNCHR, the IOM is responsible for the legislative and intergovernmental side of migration, where it assists governments in cooperating together, finding solutions, and ensuring the humane management of migration so that asylum seekers  in need are provided humanitarian assistance. One example of the IOM’s work is their project on Assisted Voluntary Return and Reintegration (AVRR). Through this initiative, IOM assists migrants who are unable or unwilling to remain in host countries to return to their countries of origin voluntarily and reintegrate into their communities. This project aims to ensure the safe and dignified return of migrants, while also providing support for their reintegration through various services such as vocational training, job placement, and psychosocial support.

Non-governmental organisations, such as Amnesty International, which is the world’s leading human rights organisation which campaigns against injustice and inequality working to “protect people wherever justice, freedom, truth and dignity are denied.” Organisations such as Amnesty International help campaign for social justice and inequalities faced by migrants and refugees to support their rights and freedom when threats, such as legislation changes, are made and perceived as such by these organisations. One project of Amnesty International is their campaign to end the detention of asylum seekers and migrants. Through this initiative, they advocate for alternatives to detention, such as community-based support programs, and work to raise awareness about the harmful effects of detention on individuals’ mental and physical well-being. Amnesty International also conducts research and advocacy to push for policy changes at national and international levels to protect the rights of asylum seekers and migrants and ensure their access to fair and humane treatment.

Another example of an NGO that supports migrants and refugees is the International Rescue Committee (IRC), a global humanitarian organisation  dedicated to providing aid and advocacy for refugees and displaced persons. Currently they are providing crucial aid to areas of active conflict, such as Ukraine and Gaza. They support migrant and asylum seekers’ rights through legal assistance, protection services, and advocacy efforts aimed at promoting fair and humane asylum procedures and integration policies. The IRC also provides resettlement support to help migrants rebuild their lives in safety and dignity in new countries. One example of the IRC’s work in Europe is their Refugee Integration and Support Program in Germany. Through this initiative, the IRC provides comprehensive support to refugees and asylum seekers, including language classes, job training, and assistance with navigating the asylum process and accessing essential services. The program aims to promote the successful integration of refugees into German society by empowering them with the skills and resources they need to rebuild their lives and contribute positively to their communities.

Relevant Policy and Current Measures

The Dublin Regulation sets out how and where an asylum seeker’s application should be examined by clearly laying out set criteria to limit the amount of time it takes for an asylum seeker’s application to be fully reviewed and given the result and for the result to be awarded based on its merit. The Regulation also sets out the transparent and uniform Member States need to adopt to ensure proper legal processes, protection of human rights, and provisions for the rights that asylum seekers are entitled to before and after their application is reviewed. Sceptics heavily criticised the regulation for placing disproportionate burdens on frontline EU countries, like Italy and Greece, by mandating that they process the majority of asylum applications. It’s argued that this system fails to adequately distribute responsibility among EU Member States and exacerbates the challenges faced by countries already struggling to cope with high numbers of arrivals.

The European Agenda on Migration was a comprehensive approach laid out how to tackle the Migration Crisis of 2015 by managing migration flows, addressing root causes, and enhancing cooperation with third countries to mitigate and anticipate future problems and create a sustainable system built on fair procedures with strong borders.

The EU-Turkey Statement was a bilateral agreement signed between the EU and Turkey to help counter the Migration Crisis and address the flow of irregular migrants from Turkey into the Greek islands along the Eastern Mediterranean route, which faced the greatest number of migrants travelling into the EU. This statement of cooperation helped deescalate the Migrant Crisis from 885 400 migrants in 2015 to 52 000 in 2018.

Figure 1. Migrant numbers in 2015, during the Migrant Crisis, and 2018

Key Challenges

Challenges in safeguarding asylum seekers’ rights and addressing migration issues include different approaches and priorities of various political groups and wings, such as:

  • Human rights-based approach which advocates for protecting the rights and dignity of asylum seekers and migrants.
  • Security-focused approach which emphasises border control, national security concerns and the protection of citizens rights in areas such as housing and jobs.
  • Solidarity and burden-sharing which calls for equitable distribution of responsibilities among EU Member States in hosting and financially supporting refugees to lift the burden off border States.

The main causes for the creation and now implementation of the EU Migration and Asylum Pact are the inconsistent asylum policies and practices of each Member State as well as the lack of solidarity and burden-sharing throughout the EU. Sentiments of inequality have arisen among border Member States like Italy and Malta, as they bear the brunt of migrant crossings across the Mediterranean, especially during crises like the 2015 influx. These countries are disadvantaged by EU migration policies, which don’t adequately consider their unique challenges in facing migratory waves during conflicts and disasters.

Following the Migrant Crisis, the EU adopted an approach that would aim to externalise its borders by carrying out asylum seeker applications in the southern Mediterranean States where the majority of migrants travel to. This has had the unintended consequence of diminishing the EU’s reputation as a values-based power that equalises its support for all States.

There is a rise in xenophobia and anti-immigrant sentiment due to current economic and housing pressures that citizens are facing. This rise in xenophobia is not only impacting the integration of migrants into the society of the country on a social level, but also impacting the rights and protections they are afforded from not only the state but the EU institutions. With some countries in the EU, such as Ireland and Lithuania, not affording asylum seeker’s any access to their labour markets during their application process, which can be interpreted as stalling possible integration into local communities and improving national sentiment or as an attempt to balance the sensitive labour market to prioritise the national population and the rights of legal immigrants.

Legal Angle

  • EU Asylum and Migration Pact: Proposed as a comprehensive reform package, the EU Asylum and Migration Pact aims to streamline asylum procedures, strengthen external border controls, and enhance cooperation with third countries. However, debates have emerged regarding its compatibility with international refugee law and human rights standards.
  • European Convention on Human Rights (ECHR): The ECHR, overseen by the European Court of Human Rights (ECHR), protects fundamental rights and freedoms, including the right to asylum and non-refoulement. Member States must ensure compliance with ECHR provisions in their asylum and migration policies, including the prohibition of torture, inhuman or degrading treatment, and arbitrary detention.
  • Charter of Fundamental Rights of the European Union (CFR): The Charter contains a wide range of civil, political, economic, and social rights applicable within the EU legal framework. It provides safeguards for asylum seekers’ rights, including the right to asylum, the principle of non-discrimination, and the right to an effective remedy.
  • International Refugee Law: The EU is bound by international treaties and conventions governing refugee protection, including the 1951 Refugee Convention and its 1967 Protocol of the Geneva Convention. These agreements establish criteria for refugee status determination, rights of refugees, and obligations of states towards asylum seekers. Delegates should consider the alignment of EU policies with international refugee law principles, particularly those that border the EU and have individual policies.
  • Case Law of the Court of Justice of the European Union (CJEU): The CJEU interprets EU law and resolves disputes concerning its application. Delegates should be aware of relevant CJEU rulings on asylum and migration issues, which may clarify legal obligations, procedural requirements, and the scope of Member States’ discretion.

Recent News for Further Research

The following news articles and cases can be used as further research to contextualise the Topic Overview and help understand ongoing debates and issues.

  • New legislation, new doubts: Controversies surrounding the implementation of the EU Asylum and Migration Pact, how it fits in with the current standards of EU and international migration laws and the response of national parliaments and representatives to this new legislation in regards to its ability to strengthen the EU’s borders and equalise the burden experienced by border States.
  • Mounting pressure: Increase in asylum applications and arrivals of migrants to EU countries due to conflicts, particularly border States
  • Rising migratory tensions between the EU and neighbours: Ireland-UK migrant issue as British government has been reported of using a loophole through the Republic of Ireland where illegal migrants are deported to Northern Ireland who then travel in Ireland where they can’t be sent back to the UK and whose status must be review, resulting in a 90% total of migrants coming from the UK.
  • Asylum seekers’ rights at risk: With sentiments and tensions rising towards governments’ approaches to migration, the popularity of far-right political parties across the EU has raised in upcoming national and European elections which could have possible knock-on effects on immigrant and asylum seekers’ rights and the possible development of stricter national and European immigration legislation and policies.
  • Worsening conditions: Migrants, even with established legislations and Regulations being enacted, are still kept in housing conditions that have very poor sanitation in central streets surrounding governmental offices in many capital cities during their asylum review processes with no other alternative, with tent cities being setup and public opinions falling towards both governments and migrants.

Consult the following resources to discover new and ongoing cases that may be more specific to a theme or violation.

  • Reports and publications by the European Commission and European Parliament, as well as the Case Law of the Court of Justice of the European Union which contains the European Database of Asylum Law, a database that reports on and contains all cases and ruling related to migration across all of Europe, inside and outside the EU.
  • Research articles and studies on asylum and migration trends, particularly during and following global events and conflicts.
  • News articles surrounding migrant conditions and how these breach established legislation.
  • NGO reports and advocacy materials on refugee rights and migration policies.