Categorie archief: Crisis European Refugee Law Media

Border control has boosted irregular migration

30 October 2015

These days, strengthening European border control is often presented as a solution for the chaos surrounding migrants and refugees. The EU even has a joint marine force in the Mediterranean and the Security Council recently gave its blessing to this military approach to migration. Tough action will be taken against human smugglers, through criminal legislation and intensification of prosecution. Opinion leaders often argue that Europe should finally begin to guard its borders. This suggests that European external border are not or insufficiently guarded.

What has been done in the past 25 years to combat irregular migration? Until 1990, European countries all had their own visa policies. From most countries in the world at least one European country could be reached without an entry visa. Therefore, most people didn’t need a smuggler. As part of Europeanization, this has changed. Today, all EU countries require visa from nationals of poor countries. In addition, Europe has forced transport companies to check passports and visa before travellers are allowed to board an airplane or ferry. Also, the technical quality of documents has improved considerably. As a consequence, it is much more difficult now to enter Europe by plane or ferry without being in possession of all documents.

This policy ended temporary migration (including seasonal migration) from the Maghreb to Spain and Italy. Travel became so burdensome that those who had succeeded in enter Europe now remained there. Furthermore, the permanent intensification of these policy measures led to an ever increasing demand for human smuggling, by land or by sea. Europe responded by guarding its borders ever more strictly. Fences appeared, infrared cameras, radar and satellite systems, negotiations with transit countries were started, in addition to the traditional coast guard the navy was put to use, criminal sanctions were introduced, a separate EU agency was created (Frontex), European border guard operations were carried out (with ancient Greek names such as Poseidon, Hera, Trition). The private security sector alone has an estimated annual turnover of €7 billion of European border business.

The notion that Europe should finally begin doing what it should have done straight away (namely: guard the external borders) therefore has no basis in reality whatsoever. But the European Commission and other policy makers don’t tire of repeating that these policies have had no visible effect, and consequently … should be intensified. Of course, this is a remarkable conclusion. The facts suggest that irregular migration has not diminished over the past 25 years, but that it has increased and that human smuggling has not been combated successfully but has become booming business. The number of people dying at the borders of Europe has skyrocketed and now runs into the thousands each year.

Researchers in Europe and North America (where the situation is similar) have a quite different analysis of the same facts. They show it is likely that American and European migration policies have not reduced irregular migration over the past 25 years, but has amplified it. Ever ‘smarter’ border policies have increased the demand for human smuggling. The increasingly strict approach of smugglers leads to higher prices for smuggling, with rising profits and more entrepreneurs entering the market for smuggling. And because smuggling is not a mafia-like, hierarchical organisation but a network of many individual actors, the repressive approach stimulates the market much more than it destroys the business model of smugglers. Intensification of migration policies often occur after disasters at sea. Norwegian researcher Jørgen Carling summarized his analysis in this diagram.
Jørgen Carling 2015
Hein de Haas (Oxford/University of Amsterdam) shows that human smuggling is not the cause of migration, but a consequence of European migration policies. Empirical analyses such as these are ignored by policy makers and opinion leaders. To the extent that they take notice of them at all, the response is purely ideological. So you want open borders? You don’t think it is criminal to let people drown at sea? The response is not that the alternative analysis is factually incorrect, or not plausible; instead it is that the alternative analysis cannot be true. This is pure tunnel vision. There is an exclusive attention for just one version of reality. The conclusion has to be drawn before the analysis is made: policy has failed, so what we need is more of the same policy. The facts of these researchers are opposed not with facts, but with opinions.

The rhetorical weakness of the alternative analysis is that it does not enable one to make grand gestures. European opinion leaders and politicians can prove their decisive courage. Go guard the borders, at last! Bomb Libyan smuggler boats! The alternative analysis does not allow sturdy and masculine conclusions, but concludes that migration policy is a matter of Scylla and Charybdis. There are no complete solutions. As long as global inequality remains as it is, we will have to choose between several evils. Meddling through is the only option, but that can be done a bit less short-sighted than now.

The un-rhetorical character of this alternative analysis should, by and of itself, be sufficient to find it more plausible than the one that dominates the media and politics. But in these overheated times, display of decisiveness is much more important that having a correct analysis of the facts. In light of the chaos to which that leads, Europe is likely to pay dearly for this short-sightedness.

Dutch version published in De Volkskrant, 30 October 2015

Reception in the region – or dumping?

13 October 2015

The problems which Europe is facing with sheltering refugees are a consequence of the utter failure of the reception of refugees in their region. This failure was caused by the short-sightedness of the international community, last but not least of Europe. Since the outbreak of the conflict in Syria four years ago, in front of our own eyes millions of Syrians fled to Lebanon, Turkey and Jordan. In 2013 and 2014, the international community has raised only half of the money needed for humanitarian assistance to Syrian refugees in these countries. Increasing numbers of Syrian refugees became desperate. This created an increasing demand for the services of human smugglers. This demand was met by an enormous supply, which is being used by others besides Syrians as well. Short-sightedness created a fabulous market for human smugglers, and the result of that we see on TV every day.

The failure of reception in the region is nothing new. Many large groups of refugees have been forgotten, like the Palestinians after 1948 and 1967, the Afghans since 1979 and the Somalians since 1990. Millions of them are still in refugee camps without any prospects. Many of those migrate, and some of them become interested radical movements. It is in Europe’s best interest to do better.

In the short run, the consequences of this policy failure are a given fact. European countries will have to begin by clearing up their own mess. This means sheltering lots of asylum seekers and examining their applications. The EU wants to destroy the business model of smugglers – an excellent idea. But the instrument the EU intends to use is further criminalisation and prosecution of smuggling, including by military means. But precisely that is part of the policy that has gotten Europe in the mess it is in. If you want to destroy the business model of smugglers, the demand for their services has to be diminished. In the short run, this can be done if the world’s richest countries abolish visa requirements for groups such as Syrians, Eritreans and Rohingyas. Furthermore, massive investment in reception in the region is necessary, immediately. The EU seems to have woken up to the need of emergency aid for Syrians; but for other groups a sense of urgency is nowhere to be seen.

In order to prevent the kind of anomalies Europe is witnessing today, in the long run reception is the region has to be taken seriously – at last. Reception in the region is only possible if emergency aid for refugees is generously funded. This has not even nearly happened in the past half century. Emergency aid by its very nature is temporary. Protection in the region is only a realistic notion if there is a prospect of durable solutions. First, that could be return to the country of origin. In most situations, regrettably that is an illusion. Safe zones in Syria would require large scale military intervention, and these tend to lead to more, not less refugees (think of Afghanistan, Iraq, Libya). Furthermore, as a Dutchman I am acutely aware that the safe havens in Bosnia were not terribly successful. Therefore, practically speaking durable solutions come in two kinds: local integration, and resettlement elsewhere.

The overwhelming majority of the world refugee population is finding protection in the region. Three issues make this problematic. First: if refugees are entangled in a wider political conflict (Palestinians, Kurds), the rest of the world would be wise to prepare for migration of refugees from that region. Second: if there are simply too many refugees, that means end of story. In Lebanon, over 25% of the population now consists of Syrian refugees. The situation of the half million Palestinian refugees in UN camps makes perfectly clear to them what happens if refugees trust the international community. Third, there is a risk that (because of international aid) refugees are better off than the local population. Therefore, protection in the region should be part of a broader development policy.

So, regional protection should imply asking the countries in the region how many refugees they can integrate, in particular by naturalising them after some years. They should be asked what they need so as to be able to do that.

People who cannot integrate in the region should be offered a durable solution elsewhere. This requires a substantial increase of the number of refugees offered resettlement in Western countries. It would be a good thing to stimulate private initiatives, such as the Canadian sponsor system which allows churches and other groups to sponsor refugees.

In itself, it is possible to prevent the problems caused by the short-sighted policies we are seeing now. These situations are problematic, both for small villages swamped with asylum seekers in 48 hours, and for the refugees themselves. This requires loyal cooperation with countries in the region. Until now, these countries have every reason to distrust Europe, because “reception in the region” until now meant, first and foremost, that European countries tried to dump refugees in countries which were completely overburdened already.

Published in Dutch in NRC Next 13 October 2015, and NRC Handelsblad 15 October 2015