Selected developments in human rights and democracy in 2018: Migration and asylum in Europe

Abstract

2018 marks a milestone year with respect to the socio-legal and political aspects surrounding the issue of migration due to the adoption of the two Global Compacts (the Global Compact on Refugees and the Global Compact on Safe, Orderly and Regular Migration). In the first part this article gives an insight into the content of the Global Compact on Migration (GCM), which led to a loss of unity of European Union representation. The article further analyses two highly controversial topics from the Global Compact, namely, the so-called ‘climate migrants’ and ‘migrants in vulnerable situations’. Notwithstanding its soft law nature, the examination of the GCM reveals that both groups received recognition at a global level for the first time. Furthermore, the article analyses how these divergent positions on migration are being reflected in the EU’s policy making. The article finds that, instead of lifting the unequal migratory burden from some member states through harmonisation, EU policies have had the main aim to prevent migrants from entering into EU jurisdiction. Crucial developments in this context are the criminalisation of search and rescue NGOs, the transfer of search and rescue responsibilities to third countries and the outsourcing of migration-related responsibilities. Overall, the lack of progress in reforming the common European asylum system resulted in the externalisation of the EU migration policies through bilateral and multilateral agreements with transit countries. Finally, although the issue of migration requires political responses, the protection of refugees and migrants has increasingly relied upon judicial institutions. Key words: Global Compact on Migration; climate migrants; migrants in vulnerable situations; search and rescue; externalisation policies; common European asylum system