HUMAN WRONGS WATCH

Earlier this week, EU home affairs ministers agreed to the European Commission’s proposals to offshore migration responsibilities despite human rights concerns.

The centerpiece of discussions was what is referred to in the new policy as the “Return Regulation,” which aims to increase deportations of rejected asylum seekers and migrants.

EU member states would be allowed to conclude agreements with third countries to establish “return hubs” outside EU territory where individuals scheduled for deportation could be sent.

The Commission’s draft provides no clarity on applicable law or accountability, and EU governments want to eliminate even the existing minimal monitoring provisions.

The agreement broadens detention grounds, greatly increasing the risk of prolonged or indefinite detention. Such measures have no demonstrated effect on return rates, nor are they cost-effective.

EU law enforcement authorities will now also demand onerous cooperation from third-country nationals subject to a deportation order.

These obligations impose requirements that many individuals are unlikely to be able to meet for reasons like lack of identity documents or a fixed residence, risking entry bans and financial or even criminal sanctions.

New “detection” measures raise concerns about surveillance and racial profiling, and would legitimize discriminatory policing that targets racialized communities.

Since the Commission’s proposal was adopted, civil society organizations have called on governments to reject these inhumane deportation rules and reconsider the alarming direction of ongoing negotiations.

Under other policies agreed this week, EU states could send asylum seekers to a third country deemed “safe” even in absence of any meaningful connection between the asylum seeker and that country.

The officials also endorsed an EU list of “safe countries of origin” whose nationals will automatically be subject to fast-track asylum procedures, often at border or transit zones, where individuals at risk of persecution may be denied proper assessment.

Respect for human rights and the rule of law is enshrined in the binding EU founding treaties. Return rules that violate fundamental rights are not only unlawful but also come at a considerable cost to human beings and the EU’s stated values.