UN Human Rights Chief concerned about new EU migration law – JURIST

UN Human Rights Chief, Volker Türk, on Saturday expressed deep concern about the adoption of the new European Union (EU) regulation allowing deportations of migrants and asylum seekers. The so-called “Returns Regulation” was initially proposed in March of this year, and the EU parliament voted for its adoption on Wednesday.

The new regulation expands the use of pre-removal detention and enables EU countries to create “return hubs” in third countries so long as those third countries uphold human rights and international law. The regulations are aimed at standardizing the removal process of undocumented migrants across the EU.

Speaking in a press release, Volker Türk stated that:

EU States cannot simply outsource their human rights obligations to third States in this context. Detention and return of vulnerable people, including children, to other countries is a particularly sensitive exercise of the State’s power, and carries a high risk of human rights violations. There must be front-and-centre emphasis on human rights protection and dignity throughout – in fact and in law

The high commissioner stressed that robust monitoring and accountability mechanisms are needed to ensure that people’s human rights are protected during the removal process. Further, he encouraged the public discussion on migration to avoid conflating migration with security concerns.

Human Rights Watch (HRW) critiqued the regulations when they were first proposed in March. HRW argued that imposing harsher obligations on migrants does not address the issue, as the principal obstacle to enforcing return decisions is uncooperative countries of origin. HRW is also concerned that the revised detention rules could allow for the prolonged detention of migrants, including unaccompanied children. Finally, HRW argued that “return hubs” will fail to guarantee safe and sustainable shelter.

The EU has also adopted other measures, creating a stricter and more uniform migration process. On June 12th, the EU’s Migration and Asylum Pact came into force, introducing stricter regulations aimed at broadening applicant screening, increasing health and security checks, expediting examination procedures, and providing free counseling services. HRW also critiqued this pact, warning that it denies migrants the ability to have a fair hearing. The pact enables EU member states to designate non-EU states as “safe third countries”, allowing the EU state to refuse to examine an asylum claim.