The realities of migrants reaching Europe mainly though the Mediterranean routes are heavily characterised by their lived experiences and stories of illegal pushbacks and violence. The strict EU migration policies and their externalisation is continuously leading to devastating consequences all over Europe’s borders. Especially since the wake of what has come to be known as the ‘2015 migration crisis’, migrants have been dehumanised portrayed by Western media with a persisting narrative of migrants as ‘problems’. People though are not problems. Instead, the problem lies in migration management and the reaction of the States to the precarious situations and conditions of migration. In fact, through the adoption of rigorous EU migration policies, migrants are being pushed into illegality and are subsequently being criminalised systemically and structurally.
Systemic violence is unfolding at Europe’s borders with testimonies of people on the move who were abused and arbitrarily detained before illegally pushed back from the territory of the member states. For instance, on October 2022 Spain carried out 470 illegal pushbacks at the Spanish-Moroccan border with heavy incidents of police brutality even resulting to fatal injuries and a complete disregard of national and international legal provisions and basic human rights and dignity. Notably, the case reached the European Court of Human Rights (ECHR) yet did not condemn this as an unlawful practice because of lack of elements being taken into account in the decision. The same situation with illegal expulsions has been evident in Greece too, with authorities forbidding and blocking migration flows both in the islands and in the North borders with Turkey. In fact, thousands of migrants are trapped in the Balkan states and between the Belarus-Poland border, facing inhumane conditions, degrading treatment, and high uncertainty of their future. It is disheartening yet the situations remain similar in many European countries who are receiving migration flows.
Pushbacks are an unlawful practice under international law and completely shatter the right of people to migrate with dignity and move freely in-between countries. It is in those informal cross-border expulsions when people are pushed into illegality; with limited choices to ensure a safe future, migrants are usually trying alternative routes, trying any border crossing, including illegal or dangerous to reach their destination. This practice also doesn’t comply with the European Convention on Human Rights as it violates the fundamental principle of non-refoulement. The principle of non-refoulement, fundamental piece of customary law binding to all States, guarantees that no one should be returned to a country where they face persecution, abuses, or Cruel Inhumane or Degrading Treatment (CIDT). Statistics from the International Organisation for Migration (IOM) of the numbers of migrants who have died crossing the Mediterranean show the failure of the EU to uphold the principles it is founded upon, including respect for human dignity, human rights and the rights of minorities, and the rule of law.
Interestingly, this continues with the newly introduce Illegal Migration Bill in the UK which deems any asylum claim from any person arriving into the UK on a small boat crossing or the back of a lorry automatically as “inadmissible” with their claim not even being examined. That allows for the migrants’ indefinite detention and deportation to their own country or a ‘safe third country’. This tactic fails to consider any criteria under which the claims have been made which in turn violates the principles of the European Convention on Human Rights and the principle of non-refoulement. In this case what is not being considered is that when dealing with desperate conditions and limited alternatives, people take any last resort action which in many cases includes illegality. Essentially, this bill seems to be illegalising and even criminalising migrants prior to their cases even being heard, ignoring international agreements and reproducing an extreme rhetoric of migrants.
As a result, asymmetrical power relations render migrants as pawns to inhumane political games of the States that are pulling the strings, where in most cases migration -and the people themselves- are reduced to by-products of proxy wars. Evidently, it all comes down to power relations between countries, who exercises the power and with what intention. This also becomes apparent with the images and the narratives through which migrants are portrayed. Specifically, the language with negative connotations that is being used, as well as the intensity and the frequency of the devastating situations they are encountering, reduce the people into numbers and their lived experiences of human suffering as stories. This in turn has led to the desensitisation of the public in the face of migration. The subsequent illegalisation of migrants is the manifestation of the absence of respect for fundamental human rights of migrants. This categorisation renders people outside the applicability and protection of law, stripping them away from legal migration status, and going against UDHR Article 7 of the right to due process. Designating people as ‘illegal’ results to the subsequent denial of legal de facto recognition and protection of their basic rights, which enhances their vulnerability and precarious status. For this reason there should be widespread acknowledgement of the systemic illegalisation of migrants through the lack of opportunities and safety provisions.
Addressing the reality of increasing migration means finding socioeconomic, political, and legal mechanisms to ensure people’s dignity and mutual respect across and within countries and communities. EU member states and international institutions can do more to turn this situation around and implement inclusive and sustainable policies that respect the rule of law and human rights. A rights-based approach needs to be adequately incorporated in policies of international agencies and in cooperation with the governments and ensure that fundamental principles are always respected and implemented accordingly. In particular, Article 18 of the EU Charter of Fundamental Rights needs to be effectively implemented by creating safe channels for applying for asylum at the EU’s borders hence mitigating abuses, exploitation and other violations of human rights. It is also important to assess each situation individually where possible and consider contextual specificities. For instance, state sovereignty and the lack of legal requirements are usually used as reasons to mask illegal pushbacks. However, such circumstances need to be examined individually, in contextual detail, and from a wider perspective since there are legitimate reasons for the inability to showcase documentations. Documents may be lost on the way to the welcome country during the migration journey through unsafe routes and adverse conditions, or when they are facing the realities of abuse, trafficking and exploitation. At the same time, documentation can easily slip through the mind when people are fleeing their countries in agitation, hence the importance of acknowledging the psychological and mental state.
What’s most important is for governments to prioritise the creation and maintenance of safe and legal routes as well as examine carefully each asylum case attentively. Additionally, consultation and synergies between international institutions and NGOs are especially imperative in this arena in order to establish synergies between the concerns of the people themselves and the wider power structures. Local organisations can act as mediators in this case and consult with migrants at the community level about their needs and recommendations of what they want and needs to be changed to have a smoother migration process with respect and dignity. This is imperative to liaise with the people who are directly affected, have their voices heard and acknowledged contextually rather than implementing a blueprint standard solution irrespective of specificities and their own desires and needs. Moreover, migration offices need to be adequately equipped, with the appropriate training provided and prioritizing the right to legal and psychological assistance, as well as translation services which could be imperative for effective communication. Finally, EU member states should uphold their obligations under international law, respect the rule of law, and examine each situation with regards and respect to the fundamental principles of human rights and Refugee Convention. The presence of watchdogs could be proven beneficial in both cases in order to keep the governments and the organisations accountable and ensure the application of sustainable and viable mechanisms.
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