A/HRC/23/46
placing the migrants within the firm control of non-European Union countries, without the
European Union providing commensurate financial and technical support for human rights
mechanisms in such countries, thereby allowing the European Union to wash its hands of
its responsibility to guarantee the human rights of those persons attempting to reach its
territory.
59.
This worrying shift of border control to other States is not accompanied by
appropriate human rights guarantees. Emphasis seems to be increasingly placed on the
capacities of countries to stop irregular migrants exiting their territories, rather than
ensuring that migrants’ rights are adequately protected within a legitimate migration control
process.
(a)
Capacity-building of foreign border control
60.
One key way in which the European Union has promoted the externalization of
border control has been through assisting with capacity-building for foreign agents
responsible for border control. The Special Rapporteur heard of numerous programmes
supported by the European Union for improving cooperation and training for coastguards,
border guards and other government officials in countries of transit and of origin
responsible for border control.
61.
This is not to say that improving the capacity of countries in which migration
management has not always been a priority is necessarily the wrong approach. To the
contrary, effective training that emphasizes human rights as a core component of migration
management can be an important tool for safeguarding the rights of migrants. In particular,
better coordination and skills in terms of search and rescue operations at sea may have the
fundamental effect of saving the lives of migrants at risk. Yet although increased search
and rescue capacity in the Mediterranean is undoubtedly of paramount importance in order
to save the lives of migrants in distress at sea, strengthening the capacities of neighbouring
States coastguards may simply be an attempt to ensure that boats are not permitted ever to
leave the territorial waters of that country, and to facilitate quick return of migrants aboard
such ships to the territory of the State from which they departed. This is particularly the
case where infrastructure that adequately respects the human rights of migrants does not
exist in countries to which migrants are being returned. This preoccupation is reinforced by
the fact that such policies have the effect of driving further underground attempts to reach
European Union territory. Smuggling rings are reinforced, migrants are made more
vulnerable, corruption is made more potent, exploitation more rife, human rights violations
are more prevalent and graver, and ultimately lives may be more at risk than before.
(b)
Readmission agreements
62.
The most favoured tool for European Union-wide cooperation with third countries
on the question of irregular migration is readmission agreements. Such agreements aim to
ensure the return of irregular migrants to countries of origin and transit. Importantly,
European Union readmission agreements often include the additional obligation of being
able to return third-country nationals and stateless persons to the country from which they
entered the European Union. To date, 13 European Union readmission agreements have
entered into force.22
63.
In particular, the Special Rapporteur remains concerned about the negotiation and
conclusion of these agreements, specifically as to how human rights guarantees are
22
Furthermore, readmission provisions are included in several other European Union agreements,
including the Cotonou Agreement signed with 79 African, Caribbean and Pacific countries (ACP).
15