Spain, Europe’s door for migrants from West Africa and current Presidency of the EU, has been a pioneer in setting this European trend by externalisating border controls to international waters and beyond, and by cooperating with third countries to curb migration flows, irrespective of human rights considerations.

According to the Spanish Ministry of Interior, the irregular arrivals by sea to the Canary Islands decreased over a 92 % from 2006 to 2009. The EU Borders Agency, Frontex, has contributed substantially to this “success” and EU countries are now calling for its strengthening, including the reinforcement of the Agency's capacity to cooperate with third countries and the possibility of regular chartering joint return flights organised and financed by Frontex.

Bjarte Vandvik, ECRE Secretary General said: “States have a legitimate right to control their borders, but this is not an excuse to ignore the fact that persons fleeing war or persecution are entitled to protection under international, European and national laws. As Frontex is being strengthened, its operations need to be monitored to ensure that human rights are respected”.

“European governments brag about their success in fighting irregular migration but refugees who are prevented from arriving to the European territory are paying the price of this ‘success’. The EU shows a worrying hypocrisy: it celebrates the establishment of a European asylum system, while leaves refugees outside Europe, where they don´t have access to their right to international protection”, added Alfredo Abad, Secretary General of the Spanish Commission for Refugees (CEAR).

Regardless of where border controls take place and of who implements them, methods to prevent unauthorized entry must leave room for the identification of persons in need of international protection so they are not returned to any country where they will face persecution. Member States' obligations under international and European refugee and human rights law do not stop at the physical boundaries of the EU. This responsibility is not only moral and political but also legal. EU Member States cannot abdicate their principles, values and commitments by doing outside their borders what would not be permissible in their territories.

A trend towards a more restrictive approach towards migrants is not only present at Europe’s borders. As a deterrent, governments are sending a message to those who want to come here that they will be treated badly.

"There has been an increasing trend of zero tolerance towards both irregular migrants and those who provide services to them in several EU countries. This policy compromises access to health care and safe living conditions and leads to a situation in which innocent people are treated like criminals", said Nicolas Beger, director Amnesty International's EU office.

For more information, contact:

Ana FONTAL
European Council on Refugees and Exiles (ECRE)<

Human rights organisations urge EU governments to adapt border management to ensure that refugees can reach Europe (133.56 KB)