A/HRC/29/36
4.
Increased xenophobia towards migrants
21.
Against a backdrop of a poor economic climate, the rise in nationalist populist
parties within the European Union and the tragic terrorist attacks in Paris at the beginning
of 2015, xenophobia and hate speech have increased. This rise in xenophobia against
migrants since the Special Rapporteur’s 2013 report is a significant trend relating to how
migrants are perceived in Europe, as well as a stumbling block in the development of more
progressive policies.
5.
Positive developments
22.
A number of positive developments have taken place in relation to the human rights
of migrants within the European Union. These include:
(a) Judgements of the European Court of Human Rights and the European Court of
Justice, which have challenged externalization practices, “the Dublin logic”, immigration
detention and access to social protection issues;
(b) The work of FRONTEX Fundamental Rights Officer Inmaculada Arnaez
Fernandez and her staff, which includes the establishment of a code of conduct for joint
return operations, the Vega Children Handbook and the establishment of a mechanism for
monitoring fundamental rights.
(c) The search and rescue operations provided by both the Government of Italy and
FRONTEX through the Mare Nostrum and Triton operations. The Special Rapporteur
notes, however, that Triton’s operations have been limited, as discussed below;
(d) Regular migration initiatives, including the Blue Card system, the seasonal
workers directive and the draft student and researchers directive;
(e) Efforts by the European Parliament and the European Commission to respond to
the current crisis in the Mediterranean Sea;
(f) The attention of the European Union Agency for Fundamental Rights on the
human rights of migrants, including at the Agency’s 2014 annual conference.
23.
Despite these positive elements, a continued focus on security continues to structure
the way in which the European Union handles border management. A wholesale, coherent
integration of the human rights of migrants in policies is missing. The system continues to
be characterized by complexity, a lack of harmonization between relevant policies and
regional and international human rights standards, limited responsibility sharing and the
absence of the political will needed to initiate the required changes.
C.
1.
Analysis of the European Union’s management of migration and
control of its external borders in relation to the human rights of
migrants
Status quo is not sustainable
24.
The current European Union border management system is buckling under the
pressure of increased irregular migration, despite the relatively small proportion of those
displaced by crisis seeking refuge in the Union.
25.
As migrants continue to die at sea, and large-scale suffering is experienced at each
stage of migration, it is clear that the European Union does not control migration. This lack
of control manifests itself in a number of different ways, raising a wide range of human
rights concerns, many of which have persisted since 2013 and have gained increasing
impetus and urgency over the past two years.
6