New Pact on Migration and Asylum - Mechanism of Solidarity and Protection of Refugees
This article examines how the European Union deals with migration and the refugee crisis. The European Commission has proposed the New Pact on Migration and Asylum after several years of disputes between the EU member states on the issue of migration. The article points to the new mechanisms outlined in the Pact, especially referring to the mechanism of solidarity and protection of children.
Introduction
In a fragile global environment, people from vulnerable areas have no choice but to find refuge in another country. Then the question arises of the hierarchy of responsibility, that is, which country will help asylum seekers. A principle has been established according to which refugees seek asylum in the first EU Member State they enter. This has led to the overloading of those countries of first entry and the consumption of resources, which significantly weakens the "first country of entry". In the fight against all these systemic shortcomings, the European Union came up with a new plan - the New Pact on Migration and Asylum (Pact). If a Member State is depleted of resources due to the arrival of migrants and refugees, it can ask the European Commission to activate a mechanism of mandatory solidarity in which the help of other Member States will be requested in accordance with their economic capacities. It is extremely important to find a compromise between political reality and humanitarian duty in order for the New Pact on Migration and Asylum to function fully.[1]
Westernbalkan route
Migration occurs due to extremely poor living conditions in certain parts of the world, and it is understandable that refugees will strive that their destination be a country where the quality of life is at a higher level. This level of development is characterized primarily by European countries. That's why it's no wonder that the European Union was asked to come up with a solution to this extremely important issue. According to UNHCR data, the largest number of refugees comes from the countries of the Middle East, mainly from Afghanistan, Syria, and Iran.[2] The Western Balkan route is the main route migrants and refugees from these countries take and in the context of migration, this route is "the main corridor for migrants coming to the EU".[3]
Contest of the New pact on Migration and Asylum
After a comprehensive assessment, the Commission proposed a new approach to migration that should be built on more effective procedures, international partnerships, good management of external borders, strengthening trust and solidarity, flexibility, and resilience, in order to achieve a collective balance.[4] More effective procedures on border checks include identification, medical examination, individual assessment, and registration. The verification system should improve transparency and build trust in competent institutions, which has been questionable so far.[5] When it comes to management of external borders, The European Union, protecting its external borders from any form of threat, has developed a complex mechanism of procedures that include inter-institutional cooperation, primarily between the institutions of the European Union and state bodies of the Member States, but also with the agencies of the European Union that deal with this issue, such as the European Border and Coast Guard Agency.[6]
Solidarity and trust mechanism
It is extremely difficult to harmonize the laws, rules, and procedures of all 27 Member States, especially when we talk about asylum procedures and guarding the external borders of the European Union. That is why it was important to create a new asylum system that would offer more flexible mechanisms to help all EU Member States facing migration challenges. Some of the mechanisms are: relocation of new arrivals, sponsorship of return, long-term assistance to the state in building all necessary capacities, acceptance of new arrivals, but also cooperation with countries that are not members of the European Union.
In essence, the new Pact proposes that all Member States provide a contribution if a country is "under migratory pressure".[7] This contribution should be provided by all states in accordance with their economic capacities and opportunities to accept migrants and refugees and to provide them with adequate protection, in addition to sponsoring their return. If it is a question of financially stable countries, it is preferable that they provide financial assistance in the construction of private centers for migrants and refugees.
Border procedures
The new Pact protects children under the age of 12, unaccompanied children and people in need of medical care, and they are exempt from standard border procedures.[8] What is still not entirely clear is the determination of the age limit. The question arises why the European Union granted an exemption from the border procedure to children under the age of 12, when according to the Convention on the Rights of the Child "a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier".[9] In addition to children, those who need medical care also have a privileged position. They all traveled for two to four years, going through the most different types of torture. All these people were reduced to mere existence and survival during the journey, struggling for basic things, such as food and drinking water, which seriously endangers their physical and mental health. The new Pact makes possible the provision of medical care to the injured who require emergency medical assistance.
Return sponsorship
The "sponsor" Member State should help the "beneficiary" Member State to facilitate the return from the border or the deportation of an undocumented person. The sponsor will do this by helping the beneficiary carry out counseling activities, reintegration, as well as dialogue with third countries and provision of financial assistance.[10]
Based on this mechanism we can conclude that the Commission wanted to reconcile the aspirations of the Mediterranean countries, which are overcrowded with refugees, and the Eastern countries, which did not want to accept migrants and refugees into their territory. Since the Eastern countries did not show solidarity, the New Pact wanted to use the sponsorship mechanism to somehow make the States mediators in the return process, where the States will still work together and in solidarity, while protecting their interests and territory.
If we look at the position of migrants in the European Union, we can see benefits from their stay. Migrants within the European Union have the support of local communities, which promotes the general well-being and cohesion of European citizens. One of the goals of the European Union is to encourage dialogue, social cohesion and inclusion among its citizens. With the influx of migrants, the goal is also their inclusion in society, work and education. [11] As the effectiveness of the return procedure depends on national legislations and authorities, the proposal is to include the return procedure in national strategies. However, as the Pact is under constant review and process, it was decided to stop sponsoring returns for the time being, considering that in practice it did not bring good results due to the insufficient will of Member States to help solve the protection and border procedures.
Protection of children
Civil society organizations and human rights activists announced numerous proposals to the European Commission to improve the position of refugees, especially children. Although the directives contain protective procedures, even if they are implemented as the Pact requires, the question remains how all these procedures affect the mental health of refugees. Going through border procedures, from photography, fingerprinting and even detention, children re-live the trauma.
To ensure a thorough individual assessment of each person individually, the screening procedures take longer, and it is still not clear where all those children seeking protection are placed while registration is ongoing. Detaining children is in some ways a violation of their rights, given that they are susceptible to re-living the trauma. It has already been said that children under the age of 12 and unaccompanied children are exempt from the border procedure. Also, children under the age of six are exempt from taking fingerprints for the purpose of return. The proposal of civil society organizations and the European Commission is to exempt all children from the border procedure, meaning a child as any person under the age of 18, as stated in the Convention on the Rights of the Child.[12]
"The Asylum and Migration Management Regulation grants children in families fewer safeguards than unaccompanied children".[13] It is necessary to enable unaccompanied children to receive their guardian during registration, and these are mostly independent officers who have undergone training to protect the best interests of the child and his general well-being. It is important to undergo detailed training and all "safeguarding" procedures in order to be able to work with vulnerable groups. In addition to trained staff, it is important that the information provided by EU agencies is fully adapted to children, so that they can understand the situation they are in, and this is especially important for unaccompanied children. "A fully- fledged best interests procedure should always precede a return decision".[14] In fact, if the child's asylum application is rejected, the reason for return can only be if the return is in the best interest of the child.
It is known that work is being done to improve the information system and database, as stated in the New Pact. The problem with the whole information system is that it is not accessible at the supranational level. Children are registered during registration, but if smuggling occurs, which is a burning problem today, children disappear from the system and there is no way to track their path. If children were tracked through the system, there would be a greater opportunity to prevent human and child trafficking. What would also benefit the system is the availability of information to social workers working with children. If that information about the child who is on the route were available to social workers, they would know at least basic information about the child and how they can approach him in order to protect his rights and provide adequate psychosocial protection.
* This blog was written as a result of an internship with Save the Children and within the project "Violence Against Children on the Balkans Migration Route - Solutions Through Advocacy and Research (STAR)" supported by the Sexual Violence Research Initiative.
Nataša Stanojević
BIBLIOGRAPHY
Ø EUR-Lex: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a New Pact on Migration and Asylum, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2020%3A609%3AFIN
Ø European Council: Council of the European Union, Western Balkans Route. Available at: https://www.consilium.europa.eu/en/policies/eu-migration-policy/western-balkans-route/
Ø European Commission: Stronger trust fostered by better and more effective procedures. Available at:https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/promoting-our-european-way-life/new-pact-migration-and-asylum/stronger-trust-fostered-better-and-more-effective-procedures_en
Ø European Commission: Towards a stronger and more resilient Schengen area. Available at: https://ec.europa.eu/commission/presscorner/detail/en/IP_21_2708
Ø Radio Slobodna Evropa: Plan EU za migracije i azil - obavezna solidarnost umesto obaveznih kvota. Dostupno na: https://www.slobodnaevropa.org/a/plan-eu-za-migracije-i-azil-obavezna-solidarnost-umesto-obaveznih-kvota/30854562.html
Ø PICUM, The EU migration pact: questions and answers. Available at: https://picum.org/eu-migration-pact-questions-answers/
Ø UNICEF, Convention on the Rights of the Child. Available at: https://www.unicef.org/child-rights-convention/convention-text
Ø Vrkić, J. „Sponzorirano vraćanje kao mehanizam solidarnosti u području europskog prava migracija i azila“. Magistarska teza., Sveučilište u Zagrebu, Pravni fakultet, 2023.
Ø European Commission: Integrating migrants and refugees into the labour market: Commission and social and economic partners relaunch cooperation. Available at:https://ec.europa.eu/commission/presscorner/detail/en/IP_20_1561
Ø ECRE, Editorial: European Pact on Migration and Asylum – Latest Developments. Available at: https://ecre.org/editorial-european-pact-on-migration-and-asylum-latest-developments/
Ø The EU migration Pact: Questions and answers, How do the proposals protect children in migration?, Available at: https://picum.org/eu-migration-pact-questions-answers/
Ø Picum recommendations on safeguarding children’s rights In the migration and asylum pact proposals, p.10. Available at: https://picum.org/wp-content/uploads/2021/06/Child-rights-in-the-Asylum-and-Migration-Pact_final.pdf
Ø UNHCR statistics; Available at: https://www.unhcr.org/refugee-statistics/
[1] Available at: https://www.slobodnaevropa.org/a/plan-eu-za-migracije-i-azil-obavezna-solidarnost-umesto-obaveznih-kvota/30854562.html.
[2] Available at: https://www.unhcr.org/refugee-statistics/.
[3] European Council: Council of the European Union, Western Balkans Route. Available at: https://www.consilium.europa.eu/en/policies/eu-migration-policy/western-balkans-route/.
[4] EUR-Lex: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a New Pact on Migration and Asylum, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2020%3A609%3AFIN.
[5] European Commission: Stronger trust fostered by better and more effective procedures. Available at: https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/promoting-our-european-way-life/new-pact-migration-and-asylum/stronger-trust-fostered-better-and-more-effective-procedures_en.
[6] European Commission: Towards a stronger and more resilient Schengen area. Available at: https://ec.europa.eu/commission/presscorner/detail/en/IP_21_2708.
[7] Radio Slobodna Evropa: Plan EU za migracije i azil - obavezna solidarnost umesto obaveznih kvota. Available at: https://www.slobodnaevropa.org/a/plan-eu-za-migracije-i-azil-obavezna-solidarnost-umesto-obaveznih-kvota/30854562.html.
[8] PICUM, The EU migration pact: questions and answers. Available at: https://picum.org/eu-migration-pact-questions-answers/.
[9] UNICEF, Convention on the Rights of the Child. Available at: https://www.unicef.org/child-rights-convention/convention-text.
[10] Vrkić, J. „Sponzorirano vraćanje kao mehanizam solidarnosti u području europskog prava migracija i azila“. Magistarska teza., Sveučilište u Zagrebu, Pravni fakultet, 2023.
[11] European Commission: Integrating migrants and refugees into the labour market: Commission and social and economic partners relaunch cooperation. Available at: https://ec.europa.eu/commission/presscorner/detail/en/IP_20_1561.
[12] Available at: https://picum.org/wp-content/uploads/2021/06/Child-rights-in-the-Asylum-and-Migration-Pact_final.pdf , p. 9.
[13] The EU migration Pact: Questions and answers, How do the proposals protect children in migration?, Available at: https://picum.org/eu-migration-pact-questions-answers/.
[14] Picum recommendations on safeguarding children’s rights In the migration and asylum pact proposals, p.10. Available at: https://picum.org/wp-content/uploads/2021/06/Child-rights-in-the-Asylum-and-Migration-Pact_final.pdf.
