Regional Thematic Study: Management of the External Borders of the EU and its Impact on the Human Rights of Migrants
Globalisation, demographic and climate change, war, conflict, human rights violations and societal transformations have been contributing to movements of people all around the world. There are an estimated 214 million international migrants worldwide, of whom 44 million are reportedly forcibly displaced and an estimated 50 million are living and working abroad in irregular situations1.
Although migration to and from the European region is not a new phenomenon, since the 1990s this region has witnessed a sharp increase in migration movements. In ...view middle of the document...
The EU Directive on common standards and procedures in Member States for returning illegally staying third-country nationals (2008/115/EC) established EU-wide rules and procedures on the return of illegal immigrants, including minimum standards for their treatment.
The mandate of the Special Rapporteur on the human rights of migrants, most recently renewed by the Human Rights Council in 2011 (Resolution 17/12), requests the mandate holder to, inter alia, take into account the bilateral and regional initiatives that address issues relating to the effective protection of human rights of migrants, including return and reintegration of migrants who are undocumented or in an irregular situation. Conscious that efforts at the global level are important to address some of the obstacles in the realization of the human rights of migrants, the Special Rapporteur on the human rights of migrants believes that the regional approach of the EU regarding migration matters is highly significant regarding the treatment of migrants globally.
The objective of this study is to assess the progress made as well as the obstacles and challenges which remain in protecting and promoting the rights of migrants in the Euro-Mediterranean region, in particular focusing on the management of the external borders of the EU, and paying particular attention to the human rights of migrants in an irregular situation. This study will include an examination of the EU directives and national policies in place with respect to visa regimes and border control. It will also examine management policies and practices, interception practices including on land and at sea, detention regimes and conditions, returns and readmission.
The Special Rapporteur will also examine the extent to which human rights are integrated into the mobility partnerships established between EU countries and non-EU countries, as this affects border management, and the implications of such partnerships for the human rights of migrants.
Within the above framework of analysis, the Special Rapporteur will focus his country visits of 2012 to examine from a global perspective the complex issues of border control and management within the EU, using real case examples from the national level. In this study, he will also address the impact/implications of EU policies and practices related to border control and management on countries of transit of...