1. Intro
Since 1992 and more aggressively since 2005, the EU has created policies to externalize Europe’s border so that displaced people are not able to reach Europe’s borders.[1] In accordance with international standards, countries that are destinations of first arrival for migrants, tend to stray away from proper asylum procedures and social support for asylum seekers. Expanding upon international standards, the concept of the externalization of migration management demonstrate how externalization implicates the approval of migrants, specifically in reference to asylum seekers.
2. Understanding the externalization of migration control
With the intention of controlling the flow of migration along migratory routes, the EU has incorporated third countries into Europe’s borders.[1] The externalization of borders is essentially the transferring of border controls and management to foreign countries, which are in close proximity to EU countries.[2] Externalization involves implementing agreements with Europe's neighboring countries to accept deported people, which turn Europe's neighbors into new border guards.[1] According to the European Commission, there is a list of safe countries of origin that fall within the standards of externalization policies.[3] International Law generated during the Geneva Convention states that a country is considered "safe" when there is a democratic system in a country and generally there is: no persecution, no torture, no threat of violence, and no armed conflict.[1] The twelve Member States that have lists of safe countries are listed as follows: Austria, Belgium, Bulgaria, Czech Republic, Denmark, France, Germany, Ireland, Luxembourg, Malta, Slovakia, and the United Kingdom.[1] Some of the countries that are considered safe are as follows: Albania, Bosnia and Herzegovina, The Former Yugoslav Republic of Macedonia, Kosovo, Montenegro, Serbia, and Turkey.[1] When EU Member States designates a country as a candidate for EU membership, they must check that the country fulfills “Copenhagen criteria."[1]The Copenhagen criteria are the following: guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities.[1]
3. Involvement of EU in border control policies and procedures
The EU’s decision to externalize its borders puts significant pressure on non-EU countries to cooperate with EU political forces.[4] Beginning in 1999, the Tampere Agenda outlines the EU’s policy on migration, presenting a certain openness towards freedom, security, and justice.[3] This agenda focuses on two central issues, including the development of a common asylum system and the enhancement of external border controls.[3] The Migration Partnership Framework introduced in 2016 emphasized greater resettlement of migrants and alternative legal routes for migration.[3] The Migration Partnership Framework's goals aligns with the EU’s efforts during the refugee crisis to deflect responsibility and legal obligations away from EU member states and onto transit and origin countries, as seen through the EU-Turkey deal.[3]
4. Interference of externalization of borders with the human rights of migrants and asylum seekers
By directing migrant flows to third countries, policies place responsibilities on third countries.[4] States with insufficient resources are forced (by law) to ensure the protection of migrants’ rights, including the right to asylum.[4] Destination states under border externalization strategies are responsible for rights violated outside their own territory.[4] Fundamental rights of migrants can be impacted during the process of externalizing borders.[4] For example, child migrants are recognized to have special status under international law, yet during transit, they are vulnerable to trafficking and other crimes.[4]
5. Case Study: Libya & Turkey
Libya and Turkey are relevant to EU border management as they are countries in close proximity to the EU and serve as neighboring transit countries for the flow of migrants.[2] The EU-Turkey deal established that the EU gave 6 billion euros to Turkey to secure its borders with Greece and Syria.[2] Intending to control migration, the EU intended the deal with Turkey would outsource migration control to neighboring countries of the EU, as a way to designate new routes of migration to and from Europe.[4] While Libya does not have a centralized government, Turkey has an administrative infrastructure is connected with policies proposed by the EU.[4]
6. Bibliography
AN EU ‘SAFE COUNTRIES OF ORIGIN’ LIST. (n.d.). European Commission. Retrieved April 24, 2019, from https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/background-information/docs/2_eu_safe_countries_of_origin_en.pdf.
European Parliament. (2018). Migration and Asylum: A challenge for Europe. Asylum Policy.
Last, T., & Spijkerboer, T. (2015). Tracking Deaths in the Mediterranean.
Papa, M. I. (2019, February 28). Externalizing EU Migration Control while Ignoring the Human Rights of Migrants: Is There Any Room for the International Responsibility of European States? Retrieved from http://www.qil-qdi.org/externalizing-eu-migration-control-while-ignoring-the-human-rights-of-migrants-is-there-any-room-for-the-international-responsibility-of-european-states/
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