Inability to access asylum procedures in Europe
During 2010 asylum applications in Italy and Malta reduced by 94% and 53%, respectively. These steep reductions had a lot more to do with tougher border measures than a lessened need for international protection. Between January 2004 and December 2008, for example, Maltese asylum procedures positively recognised approximately 55% of asylum applicants – most of whom came from Somalia and Eritrea. Italian push-backs of migrant boats in the Mediterranean, done without properly assessing refugee protection needs, brought these numbers down to a trickle.
No democratic control at the borders
Since its inception, Frontex has carried out its work with little transparency and accountability. Civil society organisations, and even European Parliamentarians, have struggled to monitor Frontex return operations, and to determine whether or not the EU agency appropriately assesses international protection needs. We are particularly concerned that refugees are being returned to countries where they run a real risk of human rights abuse. Frontex’s budget and resource capacities have continued to rise, without any real guarantees to ensure that its operations abide by international human rights standards, and respect the right of an individual to seek asylum.
Migrants left stranded in countries that do not protect human rights
A major consequence of Europe's impenetrable borders is that migrants are left stranded in countries that do not abide by international human rights standards. A notorious example has been Spain’s relations with Morocco. JRS researchers have met migrants living in Morocco who have been thwarted in their attempt to find protection in Europe. In Morocco they live destitute due to a total lack of state support. In addition, Morocco has no refugee protection legislation in place. And our research in Algeria has revealed large groups of migrants living in the open desert, amid rocks and caves, because their identification would mean instant detention and deportation.
In Ukraine, the authorities hardly ever grant refugee protection to those who need it. Since 1993 only 5.500 have been given refugee status. Meanwhile, the EU has established a readmission agreement with Ukraine to automatically return migrants intercepted at the eastern borders. Ukraine also receives large amounts of EU funds that are used to build detention centres and strengthen border security, but little of these funds are used to actually help the forcibly displaced.
EU capacity building funds come with little to no oversight
Ukraine has received millions of euros to improve its migration capacities and build detention centres. But this funding has not been given proper oversight. Physical structures have been built, often to a high standard, but there has been little follow-up to ensure that Ukraine can maintain its new facilities, staff requirements and protection obligations. In our latest research we learned that detainees in Ukraine often go without food because the authorities simply cannot afford to feed them. Detainees must rely on individual generosity to get fed – no way to run a migration policy.
