A/HRC/23/46
is clearly a disproportionate impact on member States situated at the external border, which
can impact the human rights of migrants entering these countries.
Analysis of the European Union’s approach to the
management of its external borders
C.
25.
Since the 1990s, the European Union has developed an important and complex
apparatus of legislation, institutions and policies in the area of border control. Given the
broad nature of migration policy within the European Union, it is beyond the scope of this
report to provide a comprehensive overview of all the policies, programmes and
departments involved. However, the annex to this report outlines some of the key legal,
institutional and policy arrangements that influence European Union policymaking in this
regard.8
A welcome inclusion of migrants’ rights in the policy framework
1.
26.
The integration of migration programmes and policies into the European Union’s
institutional and policy framework indicates a clear understanding of the significant role
that migration not only currently plays, but will also continue to play, within the region.
This must certainly be welcomed as a positive measure. In particular, recent advances have
witnessed the broadening of a rights -based approach within European Union migration
policy, mainly in relation to regular migration.
27.
The Stockholm Programme of the European Council has taken some important
strides forward in terms of incorporation of human rights into migration policy. Within the
Stockholm Programme, the importance of migration as a way to ensure the European
Union’s competitiveness and economic vitality and solve demographic concerns is
highlighted. The Stockholm Programme explicitly provides that one of its key political
priorities is “that law enforcement measures, on the one hand, and measures to safeguard
individual rights, the rule of law and international protection rules, on the other, go hand in
hand in the same direction and are mutually reinforced.”
28.
The Special Rapporteur also welcomes the Global Approach to Migration and
Mobility (GAMM) as an important overarching policy document aimed at shaping and
influencing all other management decisions by all entities of the European Union regarding
policies and programmes which impact upon the external dimension of migration.
Reflecting a more rights-focused agenda, the Special Rapporteur notes that one of the key
changes in the renewed GAMM of 2011 was to move towards a more global approach
which takes into account the human rights at stake in movements across borders, by placing
emphasis on establishing legal channels of migration and protecting human rights ,
including international protection. Importantly, GAMM expressly purports to be migrantcentred, and place at its core the concerns of migrants themselves. The human rights of
migrants are specifically mentioned as a cross-cutting dimension, of relevance to all four
pillars of GAMM, with special attention paid to protecting and empowering vulnerable
migrants, such as unaccompanied children, asylum-seekers, stateless persons and victims of
trafficking.9 GAMM also has as its stated aims maximizing the positive impact of
migration on development, and migrants’ rights.
8
9
8
See the annex, which provides a summary of European Union programmes, policies, legislation and
other initiatives related to migration management.
GAMM, p. 6.