A/HRC/23/46
national human rights institutions, to interpreters and translators, to legal aid or judicial
assistance programmes, to NGOs or other community organizations. Most programmes
favour “efficient” management of “illegal” migration premised on quickly processing cases
for return through voluntary departure, readmission or deportation.
40.
Overall, the Special Rapporteur notes that the European Union approach in
addressing irregular migration has failed to devote adequate attention to the protection of
the rights of migrants in an irregular situation. The challenge for the European Union is
thus to explore how it might be able to better provide a common policy response – beyond
security-related agendas – in compliance with the rule of law and fundamental human rights
standards.
41.
The Special Rapporteur also noted that where strong human rights standards are
incorporated into European Union policy and legislation, there is often a wide discrepancy
between the texts and member-State implementation. The Commission thus should remain
vigilant in monitoring the full and proper implementation of these standards by Member
States.
3.
Securitization of migration and border control
“It is not the existence of a police force that makes a system of … law strong
and respected, but the strength of respect for the law that makes it possible for a
police force to be effectively organised.”13
42.
The Special Rapporteur notes that within European Union institutional and policy
structures, migration and border control have been increasingly integrated into security
frameworks that emphasize policing, defence and criminality over a rights-based approach.
43.
The focus on police and security is evinced most practically through the investment
in Frontex and other new surveillance technologies such as EUROSUR. Despite the
financial crisis, Frontex’s budget has steadily increased from €19.2 million in 2006, to
nearly €42 million in 2007, topping €87 million by 2010. EUROSUR, which will improve
the information exchange and cooperation between border control authorities, also promises
increased surveillance of the European Union’s sea and land borders using a vast array of
new technologies, offshore sensors and satellite tracking systems, at a high cost. Moreover,
through its “smart borders package”, the European Union would be creating one of the
world’s largest biometric databases , with as one of its key aims the identification of
individuals who have overstayed their visas, together with the prevention of irregular
migration. The securitization of border control is further evidenced by the recent decision to
make the External Borders Fund a part of the new Internal Security Fund.
44.
The Special Rapporteur acknowledges that the draft legislation to create EUROSUR
requires Member States and Frontex to “give priority” to the special needs of persons in
distress at sea, as well as children, asylum seekers, victims of trafficking, and those in need
of medical attention, and the Commission has repeatedly stressed EUROSUR’s future role
in “protecting and saving lives of migrants”. Yet the Special Rapporteur regrets that the
proposal does not, however, lay down any procedures, guidelines, or systems for ensuring
that rescue at sea is implemented effectively as a paramount objective. Moreover, the
proposed Regulation fails to define how exactly this will be done, nor are there any
procedures laid down for what should be done with those “rescued”. In this context, the
Special Rapporteur fears that EUROSUR is destined to become just another tool that will
13
Brierly, Law of Nations, 7th Ed. (Oxford University Press), p. 81.
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