A/HRC/23/46 IV. A. Conclusions and recommendations Conclusions 75. Despite the existence of a number of important policy and institutional achievements in practice, the European Union has largely focused its attention on stopping irregular migration through the strengthening of external border controls. An overarching political discourse that posits irregular migration within the realm of criminality and security, reiterated by member States, has further legitimated practices of externalization of border control through mechanisms such as migration detention, “pushbacks” and readmissions. 76. The Special Rapporteur acknowledges that many of these mechanisms are not, in and of themselves, illegitimate. Yet, in each of his four country missions, he observed that human rights and legal guarantees have not been adequately developed, thereby undermining the legitimacy, legality and validity of such mechanisms. 77. For example, the Special Rapporteur repeatedly witnessed inadequate procedures for detention, including the failure to respect legal, procedural and substantive guarantees, the detention of persons without prospect of removal, the detention of children, and an absence of alternatives to detention. Similarly, return procedures, particularly when facilitated through readmissions agreements, failed to provide the necessary safeguards. 78. In addition, the influence of the European Union as a regional organization with competence in the field of migration cannot be overlooked. Given the importance for neighbouring countries of securing visa facilitation or liberalization regimes for their own development, the European Union must insist on a human rights framework in all its negotiations on migration. Any approach that omits to fully integrate human rights and legal guarantees can be termed repressive, and undermines the capacity of the European Union to act as a model for the protection of human rights worldwide. 79. Moreover, such an approach will only serve to fuel xenophobia, discrimination and marginalization of migrants, which may have the effect of enabling a culture of impunity around the violation of migrants’ rights, and cement an anti-migration attitude, as well as contributing towards the rise of verbal and physical violence against migrants, as is presently being experienced in Greece. 80. Furthermore, any failure to address the pull factors for irregular migrants, and in particular Europe’s demand for a seasonal, easily exploitable workforce, must be addressed. Combating irregular migration will be much more targeted and effective when a genuine effort is made to treat migrants with dignity and offer them processes that include robust legal guarantees and economic and social support. Migration policies based on deterrence are fundamentally at odds with human rights obligations. Rights must be respected, processes be transparent, and access to justice not inhibited, to ensure that migrants are guaranteed the same human rights as every other individual. Such an approach would not only be in accordance with legal obligations under international human rights law, but would also represent an important step towards recognizing the positive contribution of migrants to Europe. 19

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