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

Select target paragraph3