1. HUMAN RIGHTS OF MIGRANTS AT THE EU EXTERNAL BORDERS: POLICIES AND PRACTICES Katerina Kratzmann, IOM Vienna Panel Discussion, 27.06.2013 „European Migration Policy from Human Rights Perspective“

2. EU POLICY ON IRREGULAR MIGRATION Focus on ‘fight against illegal immigration’: European Pact on Immigration and Asylum, 2008 Common Return Policy Communication on migration, 2011 EU Action on Migratory Pressure – A Strategic Response, 2012 Focus on Fundamental Rights of irregular migrants: Aktion plan on implementing the Stockholm Programm (2010-2014) FRA Study 2012 FRIM & guidelines Human Rights Watch “The EU´s Dirty Hands”, 2011 Amended Frontex-Regulation (1168/2011)

3. SITUATION AT EU EXTERNAL BORDERS: NUMBERS Arrivals by sea and land constitute a small percentage of the total persons entering the EU - the biggest entry route is via international airports Eurostat: app. 320.000 refusals at the border in 2012 - vast majority (63%) in Spain with almost 200.000 refusals at the land-border mainly of Moroccan nationals Frontex (Annual Risk Analysis 2013) detections at the EU external borders dropped sharply in 2012 to app. 73.000 (half of 2011)

4. SITUATION AT EU EXTERNAL BORDERS: MAIN ROUTES

5. SITUATION AT EU EXTERNAL BORDERS: HUMAN RIGHTS SITUATION I Article 3 - Right to life: 1.500 migrants drowned or went missing in 2011(UNHCR) Drifting boats Disincentives for private shipmasters and ship owners when assisting or rescuing migrants Interception and Non-refoulement: Unclear rules on disembarkation Border protection vs. rescue operation Danger of push-backs (Hirsi) Some persons are speedily returned Treatment on board government vessels Generally satisfactory Gender: male officers – female migrants No information provided for migrants

6. SITUATION AT EU EXTERNAL BORDERS: HUMAN RIGHTS SITUATION II Immediate Humanitarian response upon arrival: Medical examination // immediate medical check-up Closed facilities (detention-like) Fair screening and identification: Problem to identify and channel individuals to appropriate procedures (Asylum seekers, (suspected) VoTs, UAMs, other) Interviews by police without legal advisor and sometimes without professional translator Asylum Seekers: access (UNHCR; mixed migration flows) VoTs: training for border guards, identification difficult UAMs: delays in identification; challenge with BIC Other: no protection mechanisms

7. WHAT IS NEEDED? No violation of Art.3 Step up advocacy to ensure the human rights of migrants in accordance with international law Introduce policy measures meeting both the States sovereign right to determine the conditions of entry and stay in its territory and the protection and promotion of human rights of migrants. Increased human rights approach on the ground Mainstreaming human rights in migration and asylum debates, institutions and processes in the EU: In discourse, conceptualization of migrants as individuals and equal holders of human rights (wording “irregular” – “illegal”) In organs like the HL WG on Asylum and Migration and SCIFA In the 2 new funds of DG Home (Asylum and Migration Fund (including Resettlement and EMN, 3.869 bil); Internal Security Fund (including new large- scale IT systems, 4.648 bil) Surveillance systems like EUROSUR (244 mil); “smart borders”

8. THANK YOU!