Beyond the Migration Pact: Europe cranks up the externalisation of migration
Platform for Undocumented Migrants (PICUM)
We work for a world where everyone can enjoy their human rights, whatever their migration status.
As the EU Council greenlit the EU Migration Pact in a final vote on 14 May, 15 EU member states are asking the European Commission, in a separate letter, to deport migrants to selected third countries before they can even reach the EU’s borders. The plan also foresees the creation of "return hubs" in third countries for people who cannot be deported directly to their country of origin.
At the start of May, the EU struck another deal to prevent people from trying to reach Europe, this time pledging €1 billion to Lebanon to bolster its border control and deter Syrians living there from departing for Cyprus. Lebanese Prime Minister Najib Makati said he plans to use the funds to encourage voluntary returns to Syria, despite recent UN reports on the dangers faced by people returning to the war-torn country.
This deal is part of broader efforts to curb migration from North Africa and the Middle East, including controversial deals with Egypt, Tunisia, and Mauritania. A recent media investigation coordinated by Lighthouse Reports has revealed how EU funds channelled through these deals are being used by third countries to round up Black migrants across North Africa and dump them in the desert with no aid. The investigation reveals that such operations had been known in Brussels for years.
This latest investigation confirms once more how deals to externalise migration are extremely inhumane, disregard the realities and reasons for international mobility, and violate international laws and values on which Europe is supposedly based.
BORDERS
EU Council restricts visas for Ethiopians. The EU Council has restricted visas for Ethiopians, citing a “low level of cooperation” by Ethiopia on readmission requests from EU countries. The decision temporarily suspends certain elements of the EU law that regulates the issuing of visas to Ethiopian nationals. In particular, it will no longer be possible for member states to waive certain documents to be submitted by Ethiopian visa applicants, issue multiple entry visas and waive the visa fee for holders of diplomatic and service passports. Restricting access to visas has been criticised by human rights organisations for further limiting options for regular migration, and for endangering human rights defenders.
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DETENTION AND DEPORTATIONS
UN experts call on EU countries to prohibit immigration detention. A group of UN experts issued a joint statement where they express concern at the risk that the EU Migration Pact would generalise immigration detention at borders, for both children and adults. The experts called on EU members states to prohibit immigration detention for children, which is always a violation of children’s rights under international law, and ultimately end this practice for adults too. The experts also called on EU member states to establish independent mechanisms to monitor strict respect for human rights during screening and border procedures, refrain from collective expulsions, prevent racial profiling by immigration and law enforcement officers, and expand and diversify pathways for regular migration.
UK: Northern Ireland court disapplies “Illegal Migration Act”. The High Court of Northern Ireland found that various provisions in the “Illegal Migration Act” violated the UK’s obligations under the European Convention on Human Rights and the Windsor Framework, which guarantees that following Brexit there will be no diminution of rights protected by the Good Friday Agreement, including civil rights of 'everyone in the community.’ The Court has disapplied in Northern Ireland those provisions of the Illegal Migration Act which breach the Windsor Framework, including in relation to detention and deportations of unsuccessful asylum seekers. The decision follows a legal challenge brought by the Northern Ireland’s Human Rights Commission due to concerns over the effects of the “Illegal Migration Act” on asylum seekers in Northern Ireland.
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CRIMINALISATION
Italy: NGO planes banned from airports close to migration routes. The Italian Civil Aviation Authority announced that planes used by charities to spot migrant boats in distress can no longer operate from airports on Sicily, Pantelleria, and Lampedusa, close to major shipping routes. This decision hampers NGOs like Sea Watch from using small planes for rescue missions. Sea Watch criticised the move as politically motivated and vowed to continue their efforts. The UN's International Organization for Migration expressed concern that the decision might hinder rescue operations.
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JUSTICE AND POLICING
Belgium: Frontex to be deployed at airports, ports and train stations. The Belgian House of Representatives adopted a law which allows for the deployment of Frontex officers on its territory to carry out checks at airports, ports, and the Brussels-South station. This law will also allow Frontex agents to accompany deportations from Belgian closed centres. Several NGOs have denounced the lack of clarity around the powers of Frontex agents in Belgium and lack of accountability for rights violations that may arise from these operations. The Chamber also adopted a bill on the “proactive return policy” that would allow deportations to be carried out not only by the police, but also by officials from the Foreigners Office.
Spain: new border police protocol discounts torture evidence. The Spanish Directorate General of Police issued a new protocol which asks border agents to consider certain injuries detected in people landing in Spain via boats as potential signs of being part of a terrorist organisation. The protocol lists physical signs like amputations, bruises, and scars as indicators of potential involvement in terrorist training. It also suggests that people sitting near the boat's engines, guarding supplies, or showing leadership could be suspected of being a member of organised crime. Spanish anti-torture organisation Sira denounced that these instructions discount potential evidence of torture and essentially criminalise migrants.
UK: Commons vote down protections from immigration enforcement for migrant victims. The UK House of Commons voted down an amendment to the Victims Bill which would have stopped police and other public authorities from reporting migrant victims to immigration enforcement. The amendment had been supported by the Lords in an earlier vote and by the Domestic Abuse Commissioner, who had recognised the pivotal contribution of the “tireless campaigning” of the Step-Up Migrant Women campaign, led by the Latin American Women Rights’ Service.
UK: food delivery companies to check riders’ immigration status. Food delivery companies Deliveroo, Just Eat Takeaway and Uber Eats in the UK have agreed to conduct direct checks on UK riders’ immigration status after coming under pressure from ministers to tackle informal working and exploitation in the sector. The Independent Workers’ Union of Great Britain is among those denouncing the move as scapegoating migrants, for the structural and commercial reasons for poor wages, exploitation and safety conditions in food delivery, including lack of appropriate government regulation of platforms.
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领英推荐
HEALTH
Spain: draft reform to ease access to healthcare for undocumented patients. The Spanish government has tabled a draft bill aimed at easing access to healthcare for all residents in Spain, regardless of their administrative status. According to the draft bill, undocumented people will only need to sign a simple form, instead of having to wait for a special report from social services, which could take months, as it is now. Access to health care would be granted to undocumented people if they do not have mandatory health coverage through other means, are not able to be covered by their country of origin in Spain, and when there is no third party obliged to pay. The bill also aims to reduce co-payments. The draft bill will have to be reviewed by consultative bodies and the Parliament.
France: civil society warns of new restrictions to health care for undocumented migrants. In an editorial published on Le Monde, French civil society sounds the alarm against proposals to restrict access to preventative and other health care for undocumented people living in France (known as Aide Médicale d'Etat, AME). Proposed changes include new limits for undocumented people in a couple with a French national or other national residing regularly, when joint monthly revenues would be above 1,271 euros; new cumbersome procedures for access to certain types of care; and new registration fees. The signatories call on the French government to abandon this reform project, and instead introduce a health card for AME users to promote access to health care for marginalised groups.
WORK
Greece to bring in Egyptian workers against labour shortage in agriculture. Greece is starting to process applications for work and residence permits for some 2,400 Egyptian nationals who will work in Greece this summer mainly in the agricultural sector. This follows an agreement between Greece and Egypt, ratified by the Greek Parliament last November, to bring to Greece up to 5,000 workers, through a residence permit that will be valid for nine months and will be linked to the employment of the workers. The Greek government does not exclude to potentially prolong the agreement and increase the number of workers to meet the labour needs in other sectors such as construction and tourism. Such temporary labour migration schemes quite consistently lead to issues of dependency and precarity for migrant workers.
PUBLICATIONS
Borderline Europe, From Sea to Prison: Borders Without End
EFFAT and others, 2024 Personal & Household Services Employment Monitor (sections on migrant workers and undeclared work)
Centre on Migration, Policy & Society (University of Oxford), Migrants with Irregular Status in Europe: Guidance for Municipalities
Focus on Labour Exploitation, Bound to work: Improving access to redress on the UK’s Seasonal Worker Scheme.
International Organisation for Migration, World Migration Report 2024
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BOOKMARKS
On EU Observer, journalism students report about working conditions of migrants in the fishing sector.
Prof. Mehari Taddele Maru at the Migration Policy Centre writes about the visa rejection rate of Africans compared to the rest of the world.
Statewatch and others have launched a new monitoring project to make the EU’s border externalisation policies, plans and practices public.