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