A/HRC/29/36
8.
The present report should be read alongside the reports on the visits to Italy and
Malta and the report to the Human Rights Council on European Union border management
(A/HRC/23/46).
III. Follow-up to the 2013 regional study on management of the
external borders of the European Union and its impact on the
human rights of migrants
A.
Introduction
9.
Despite some positive developments, the human rights issues raised in the Special
Rapporteur’s 2013 report persist. The continued ineffectiveness and paradoxes of European
Union border management policies and the lack of a coherent, human rights-based
approach to migration have been vividly and visibly demonstrated by the deaths of migrants
in the Mediterranean Sea. These tragic events have propelled the issue of the human rights
of migrants who use sea-based migratory routes into the spotlight. Suffering that is less
frequently discussed is also being seen at all stages of migration, including within the
European Union.
10.
Given the European Union’s share of global resources and wealth of substantive
normative standards, recent deaths at sea and other human rights issues have to be seen as
the result of collective political will and policy choices. The suffering of so many and the
tendency of migration to take place clandestinely is a symptom of systemic failings within
the European Union border management system and a clear sign that the region is losing
control of migration despite sustained investment in securing borders. These failings also
cut deeper and speak to how the European Union responds to difference and diversity.
11.
The costs associated with attempting to sustain the status quo are huge. The human
costs continue to rise as migrants die at sea and suffer on a large scale at borders, within the
European Union, as well as in neighbouring countries. Furthermore, the resources lost
through investing into an ineffective system and not maximizing the opportunities to
benefit from organized migration are significant.
12.
To remedy this, the European Union needs to take a whole-system view of migration
and review how its related policies and underlying concepts can be shifted to develop a
human rights-based approach. Taking a long-term view and banking on mobility over the
next 25 years will better place the Union to respond to the significant economic, social and
demographic changes that lie ahead.
B.
Overview of migration since 2013
1.
Sustained increases in non-European Union migrants have not been seen but irregular
migration and asylum applications are increasing
13.
A sustained increase in overall migration from third countries has not been seen over
the past five years. The Organization for Economic Cooperation and Development (OECD)
estimates that, in 2012, the European Union experienced a 12per cent decline in migration
involving non-European Union nationals.1 The overall decrease in flows to the European
Union is reflective of the fact that the region has broadly deemed migration from third-
1
4
OECD, “ Is migration really increasing?”, Migration Policy Debates (May 2014).