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Out of sight, out of mind: Externalisation of migration and refugee policies
Position paper by PRO ASYL, medico international and Bread for the World about European policy of externalisation of border controls that leads to massive violations of human rights.
SinÂce the sumÂmer of 2015 hundreds of thouÂsands of asylÂum seeÂkers have crossed EuroÂpean borÂders. Europe’s heads of staÂte and governÂments are now going everÂyÂthing in their powers to gain conÂtrol over the moveÂments of thoÂse fleÂeÂing and migraÂting: The rouÂte via the BalÂkans is offiÂciÂalÂly cloÂsed and deporÂtaÂtiÂons to TurÂkey have starÂted. The reloÂcaÂtiÂon of borÂder conÂtrols to countÂries of tranÂsit and oriÂgin – to TurÂkey, but also to WesÂtern and EasÂtern AfriÂcan countÂries – is at the centÂre of the EU straÂtegy. MeanÂwhile peoÂpÂle keep dying in high numÂbers at Europe’s exterÂnal borÂders, and the EU is preÂpared to sacriÂfice the indiÂviÂduÂal right to asylÂum for its poliÂcy of secuÂriÂtiÂsaÂtiÂon and conÂtrol. TheÂre is an urgent need for conÂcerÂted ansÂwers from civil society.
Bread for the World, medÂico interÂnaÂtioÂnal and PRO ASYL have repeaÂtedÂly and veheÂmenÂtÂly criÂtiÂcisÂed Europe’s poliÂciÂes of exterÂnaÂliÂsaÂtiÂon of borÂder conÂtrols which lead to masÂsiÂve vioÂlaÂtiÂons of the human rights of asylÂum seeÂkers and migrants. TheÂse criÂtiÂcisms have been voiÂced in the conÂtext of a publiÂcaÂtiÂon deveÂloÂped in co-opeÂraÂtiÂon with partÂners from the GloÂbal South (Im SchatÂten der ZitaÂdelÂle, 2013), through panel disÂcusÂsions at World Social Forums and other colÂlaÂboÂraÂtiÂve events. The conÂfeÂrence entitÂled “Aus den Augen aus dem Sinn” (Out of sight, out of mind), held on FebruÂary 23, 2016, also offeÂred opporÂtuÂniÂties for exchÂanÂge and netÂworÂking for refugee‑, human rights- and deveÂloÂpÂment orgaÂniÂsaÂtiÂons from AfriÂca, the MiddÂle East and EuroÂpe. It was the unaniÂmous finÂding of this colÂlaÂboÂraÂtiÂon that represÂsiÂve poliÂciÂes and the defenÂsiÂve attiÂtuÂde towards refuÂgees are unacÂcepÂtaÂble, both from a human rights and peace oriÂenÂted perspective.
A new scale of the policies of externalisation
In EuroÂpe, the year 2016 has been chaÂracÂteÂriÂsed by an acceÂleÂraÂtiÂon of poliÂciÂes of exterÂnaÂliÂsaÂtiÂon and shifÂting of conÂtrols on refuÂgees and migrants. HoweÂver, theÂse EU straÂteÂgies of exterÂnaÂliÂsaÂtiÂon and defence are by no means new. Through the Rabat conÂfeÂrence in July 2006, the KharÂtoÂum proÂcess which was initiaÂted in NovemÂber 2014, and last year’s strengÂthening of a EU/Turkey colÂlaÂboÂraÂtiÂon and EU/Africa sumÂmit in ValÂletÂta, the EU and its memÂber staÂtes have introÂduÂced numÂeÂrous action plans, proÂgramÂmes and proÂjects whoÂse aim is to deter migrants and refuÂgees, ideÂalÂly befoÂre they even reach Europe’s exterÂnal borÂders. It is made ever harÂder for them to even leaÂve their countÂries of oriÂgin and pass through tranÂsit staÂtes, befoÂre reaÂching Europe’s exterÂnal borÂders, while at the same time the risk of being sent back to unsafe countÂries of oriÂgin or tranÂsit is increasing.
CountÂries of oriÂgin and tranÂsit, such as Mali, Niger and TurÂkey, which have all been inteÂgraÂted into borÂder secuÂriÂtiÂsaÂtiÂon and the repulÂsiÂon of asylÂum seeÂkers and migrants, receiÂve larÂge sums of money as part of theÂse arranÂgeÂments. TheÂse funds are spent on borÂder secuÂriÂty techÂnoÂloÂgy, traiÂning of borÂder guards, readÂmisÂsiÂon agreeÂments and joint borÂder patÂrols – but not on actuÂal conÂcepts for proÂtecÂtion or improÂving recepÂtiÂon conÂdiÂtiÂons. CountÂries of oriÂgin and tranÂsit are also expecÂted to colÂlaÂboÂraÂte in comÂbaÂting “human trafÂfiÂckers”. TheÂse actiÂviÂties are porÂtrayÂed as meaÂsuÂres that proÂtect refuÂgees and migrants, but they do notÂhing to mitiÂgaÂte the root cauÂses that comÂpel peoÂpÂle to flee their countÂries. InsÂtead of proÂtecÂting refuÂgees, theÂse meaÂsuÂres force peoÂpÂle to attempt ever more danÂgeÂrous rouÂtes and to put themÂselÂves at the merÂcy of often dubioÂus “serÂvice proÂviÂders” in order to cross the border.
The proÂcesÂses and negoÂtiaÂtiÂons of theÂse co-opeÂraÂtiÂons are usualÂly opaque and are carÂriÂed out away from the public gaze, thus impeÂding criÂtiÂcal scruÂtiÂny by civil socieÂty. In their negoÂtiaÂtiÂons with the EU and its memÂber staÂtes countÂries of oriÂgin and tranÂsit are reduÂced to mere vasÂsal staÂtes to whom eitÂher money, libeÂraÂliÂsaÂtiÂon of visa reguÂlaÂtiÂons or vague mobiÂliÂty conÂcesÂsiÂons for selÂecÂted groups are proÂmiÂsed in return for serÂvices in the comÂbaÂting of migraÂtiÂon. By conÂtrast, staÂtes who are not wilÂling to co-opeÂraÂte face penÂalÂties such as trade sancÂtions or embargos.
»Under the motÂto “Out of sight, out of mind”, Europe’s poliÂciÂes of exterÂnaÂliÂsaÂtiÂon aim at renÂdeÂring inviÂsiÂble refuÂgees and migrants, the vioÂlaÂtiÂons of their rights and the actuÂal cauÂses of escape and displacement.«
Interest-driven politics at the expense of human rights
In order to “secuÂre” EuroÂpean borÂders against migrants and refuÂgees at the behest of the EU, human rights vioÂlaÂtiÂons are put up with in countÂries of oriÂgin and tranÂsit. BorÂder guards are taking bruÂtal action against refuÂgees and migrants. On paper theÂre are meaÂsuÂres for proÂtecÂtion of refuÂgees and for comÂbaÂting the cauÂses of peoÂpÂle fleÂeÂing their countÂries, but in pracÂtiÂce they are not carÂriÂed out. On the conÂtraÂry, the root cauÂses of forced migraÂtiÂon are only exaÂcerÂbaÂted by lenÂding furÂther legiÂtiÂmaÂcy to regimes responÂsiÂble for human rights vioÂlaÂtiÂons, vioÂlence and perÂseÂcuÂtiÂon by involÂving them in borÂder secuÂriÂty arrangements.
The poliÂciÂes of exterÂnaÂliÂsaÂtiÂon also have a draÂmaÂtic effect on the socieÂties of countÂries of oriÂgin and tranÂsit which are taken into serÂvice by EuroÂpe for the purÂpoÂses of its own migraÂtiÂon conÂtrols. RegioÂnal and natioÂnal conÂflicts in the socieÂties of theÂse countÂries are ratÂcheÂted up when peoÂpÂle are held against their will and borÂders conÂtrols are built up. FraÂgiÂle social and poliÂtiÂcal conÂdiÂtiÂons, such as at the Horn of AfriÂca, are put under furÂther strain. In return for finanÂcial disÂburÂseÂments disÂhed out by EuroÂpe refuÂgees and migrants are intenÂtioÂnalÂly kept in tranÂsit staÂtes, wheÂre it is all but imposÂsiÂble for them to make a living. The result is a despeÂraÂte life in a holÂding patÂtern. StigÂmaÂtisÂaÂtiÂon and criÂmiÂnaÂliÂsaÂtiÂon, proÂmoÂted by poliÂtics and the media, lead to an intenÂsiÂfiÂcaÂtiÂon of racism and xenoÂphoÂbia against refuÂgees and migrants.
The expeÂriÂenÂces of asylÂum seeÂkers and migrants, be it in TurÂkey, MorocÂco or MauÂriÂtaÂnia, give rise to the susÂpiÂciÂon that the EuroÂpean UniÂon triÂes to meet human rights stanÂdards and strengÂthen instiÂtuÂtiÂons working to proÂtect theÂse stanÂdards only as long as its own inteÂrests are not comÂproÂmiÂsed. InsÂtead of geneÂrousÂly accepÂting asylÂum seeÂkers, builÂding on and strengÂthening the greÂat soliÂdaÂriÂty exisÂting within civil socieÂty, improÂving mariÂne resÂcue opeÂraÂtiÂons and making famiÂly reuniÂfiÂcaÂtiÂon and legal (onward) traÂvel into and within EuroÂpe posÂsiÂble, the order of the day is expulÂsiÂon and isolation.
Ever more peoÂpÂle are depriÂved of their rights and renÂdeÂred vulÂnerable at the EuroÂpean Union’s exterÂnal borÂders. The EU-TurÂkey deal, so hostiÂle towards refuÂgees, invaÂliÂdaÂtes human rights and sacriÂfices them to the inteÂrest-driÂven and unsÂcruÂpuÂlous conÂduct of the EU. TurÂkey is expecÂted to ensuÂre that migraÂtoÂry moveÂments to Greece via the AegeÂan are stopÂped. In return, Erdogan’s governÂment has been proÂmiÂsed up to €6bn in reliÂef funds and visa libeÂraÂliÂsaÂtiÂons for TurÂkiÂsh natioÂnals. In order to be able to easiÂly deport refuÂgees from Greece to TurÂkey, it is necesÂsaÂry to clasÂsiÂfy the latÂter one as a “safe third counÂtry”. In the light of the human rights situaÂtiÂon in geneÂral and the cataÂstroÂphic situaÂtiÂon of asylÂum seeÂkers in the counÂtry and Turkey’s geoÂgraÂphiÂcal limiÂtaÂtiÂon on the GenÂeÂva ConÂvenÂtiÂon this is comÂpleÂteÂly unacÂcepÂtaÂble. AsylÂum seeÂkers deporÂted to TurÂkey face arbiÂtraÂry detentiÂon and deporÂtaÂtiÂon into war zones.
In NovemÂber 2014, the EU initiaÂted the “KharÂtoÂum ProÂcess” with the natiÂons of the AfriÂcan Horn – anoÂther potenÂtiÂalÂly scanÂdaÂlous set of co-opeÂraÂtiÂons. Under theÂse plans, the EU will co-opeÂraÂte with regimes such as IsayÂas Afwerki’s miliÂtaÂry dicÂtaÂtorÂship in EriÂtrea or that of the SudaÂneÂse DicÂtaÂtor Omar Al-BasÂhir, who is wanÂted by the InterÂnaÂtioÂnal CriÂmiÂnal Court, in the comÂbaÂting of “illeÂgal” migraÂtoÂry moveÂments. InterÂnal EU docuÂments proÂviÂde eviÂdence for far-reaÂching plans for the improÂveÂment of borÂder manageÂment – supÂport in the inteÂrest of the obsÂtrucÂtion of fleÂeÂing. Such finanÂcial assisÂtance goes to regimes that are among thoÂse chiefÂly responÂsiÂble for the cauÂses of forced migration.
»The needs and wisÂhes of indiÂviÂduÂal migrants and refuÂgees and the welÂfaÂre and the inteÂrests of the socieÂties wheÂre they oriÂgiÂnaÂte must be taken into account and form the basis for refuÂgee and migraÂtiÂon poliÂciÂes that are jointÂly carÂriÂed out by countÂries of oriÂgin, tranÂsit and destination.«
The right to asylum must be upheld
Human digniÂty and the rights deriÂved from it, among them the right to asylÂum, are non-negoÂtiaÂble. The EU and its memÂber staÂtes have ackÂnowÂledÂged the right to asylÂum in many interÂnaÂtioÂnal treaÂties, but with the focus on exterÂnaÂliÂsaÂtiÂon, the curÂrent refuÂgee- and migraÂtiÂon poliÂciÂes increÂasingÂly underÂmiÂne this right. The disÂcusÂsed limiÂtaÂtiÂons and quoÂtas for the admisÂsiÂon of refuÂgees, by which a proÂporÂtiÂon of peoÂpÂle are denied the opporÂtuÂniÂty to exerÂcise the right to asylÂum, renÂders the notiÂon of this right meaninÂgÂless and quesÂtiÂons the essence of the individual’s right to asylÂum. PeoÂpÂle whoÂse life is threaÂtenÂed must be given the opporÂtuÂniÂty to find proÂtecÂtion in safe countÂries. InsÂtead of being conÂtiÂnuousÂly underÂmiÂned, this right must be conÂsoÂliÂdaÂted. In order to safeÂguard it, legal and safe rouÂtes must be creaÂted, enabÂling peoÂpÂle to find proÂtecÂtion witÂhout risÂking their lives. The fight against so-calÂled human trafÂfiÂckers and peoÂpÂle smuggÂlers – increÂasingÂly fought by miliÂtaÂry means – comes to notÂhing if theÂse legal and safe access rouÂtes conÂtiÂnue to be blocked.
What is neeÂded are refuÂgee- and migraÂtiÂon poliÂciÂes that are based on human rights, soliÂdaÂriÂty and responÂsiÂbiÂliÂty, and – equalÂly important – a funÂdaÂmenÂtal shift of perÂspecÂtiÂve and poliÂciÂes that would enable a turn towards human deveÂloÂpÂment and away from miliÂtaÂrizaÂtiÂon and securitisation.
A preÂreÂquiÂsiÂte for such a shift would be the reaÂliÂsaÂtiÂon that proÂblems and criÂses in a gloÂbaÂliÂsed world are interÂconÂnecÂted and canÂnot simÂply be conÂtaiÂned localÂly. A “fight against the cauÂses of flight” that lives up to its name requiÂres the initiÂal conÂfesÂsiÂon that it is not posÂsiÂble to “comÂbat” the cauÂses of forced migraÂtiÂon in isoÂlaÂtiÂon in the countÂries of oriÂgin, as some poliÂtiÂciÂans’ claims sugÂgest. InsÂtead, the migraÂtoÂry moveÂments point towards a responÂsiÂbiÂliÂty rooÂted directÂly in EuroÂpe: weaÂpons exports and short-sighÂted interÂvenÂtiÂons that furÂther fuel conÂflicts insÂtead of creaÂting susÂtainable perÂspecÂtiÂves for peace, unfair trade conÂdiÂtiÂons that ruin local marÂkets, as well as greenÂhouse gas emisÂsiÂons and the ensuing cliÂmaÂte chanÂge, which eraÂdiÂcaÂtes the liveliÂhood of many peoÂpÂle – all theÂse issues requiÂre funÂdaÂmenÂtal poliÂtiÂcal answers.
DeveÂloÂpÂment aid, too, must live up to its purÂpoÂse and must not be abuÂsed to bring about conÂcesÂsiÂons for co-opeÂraÂtiÂon in the conÂtrol of refuÂgees and migraÂtiÂon from countÂries of oriÂgin and tranÂsit. The conÂdiÂtioÂnaÂliÂsaÂtiÂon of funds intenÂded for deveÂloÂpÂmenÂtal co-opeÂraÂtiÂon for borÂder secuÂriÂty and preÂvenÂtiÂon of fleÂeÂing must not continue.
Under the motÂto “Out of sight, out of mind”, Europe’s poliÂciÂes of exterÂnaÂliÂsaÂtiÂon aim at renÂdeÂring inviÂsiÂble refuÂgees and migrants, the vioÂlaÂtiÂons of their rights and the actuÂal cauÂses of escape and disÂplaÂceÂment. The deparÂtuÂre point for humaÂne and soliÂdaÂry refuÂgee poliÂciÂes should preÂcisÂeÂly be this: The needs and wisÂhes of indiÂviÂduÂal migrants and refuÂgees and the welÂfaÂre and the inteÂrests of the socieÂties wheÂre they oriÂgiÂnaÂte must be taken into account and form the basis for refuÂgee and migraÂtiÂon poliÂciÂes that are jointÂly carÂriÂed out by countÂries of oriÂgin, tranÂsit and destination.
The past year has shown once again: TheÂse ansÂwers must emerÂge from a EuroÂpe of social moveÂments built on soliÂdaÂriÂty. SupÂportÂed by netÂworÂking beyÂond the EuroÂpean borÂders among the social forces that are struggÂling for the proÂtecÂtion of the rights of refuÂguees and for an open-minÂded Europe.