Author : Nadia Rawat
Source : CNN
ABSTRACT
The latest available data on the number of illegal
border crossings (IBCs), produced by Brussels’ border management agency-
Frontex, clearly projects the EU’s vulnerability rooted in refugee migration.
The problem of refugee migration has always been a challenge for Brussels. From
the sinking of refugee boats in the Mediterranean Sea to the case of Sarah
Mardini, a Syrian swimmer, who faced charges for saving drowning refugees in
the Mediterranean, continues to emphasize the question of Human Rights
Violations and the Legal Code that Brussels is bound to follow with regard to
the treatment of the refugees within its territory. The vulnerability of the
European Union that the article talks about is not exclusively about refugee
migration or how Brussels deals with it but rather about the weaponization of
migrants along the EU’s borders to affect specific political outcomes. The
article intends to delineate the conflict that led to a migrant crisis along
the borders of Poland, Lithuania and Latvia in 2021 and its various aspects
that pose a challenge to the policy in place that concerns the management of
Brussels’ external borders. Brussels’ reaction to the refugee migrant crisis
with Belarus has attracted much criticism. Looking at the EU’s previous
attempts to deal with the issue of illegal border crossings reveals the gaps to
be addressed in the long term.
THE TREND
Routes from the Mediterranean sea & the Balkan
region are the epicenter of migratory challenges at EU’s shores. During 2015,
when the EU experienced its largest migrant wave that recorded more than a
million migrants at EU’s shores, its Eastern land borders registered only 1,920
illegal border crossings(IBCs) which in itself was the highest it
registered since 2008. The figures are largely dictated by its geography.
Recently in 2021, Poland, Lithuania & Latvia which make up the EU's Eastern
land borders, saw a surprising spike in IBC with a total of 8,184 in 2021
alone.
The three countries share their borders with
Belarus. The Eastern Land borders of the EU to the north are far away from the
conflict zones in Africa & West Asia. But in 2021, it is on these borders
where a crisis transpired leaving thousands stranded in freezing
conditions. A crisis largely engineered by the leader of Belarus - Alexander
Lukashenko also known as ‘Europe’s Last Dictator’. More than a dozen deaths
have been recorded since.
Figure : 1
CONFLICT BACKGROUND
Early August 2020, Alexander Lukashenko claimed
victory in Belarus’ presidential elections for the 6th time since 1994, with
his previous term largely believed to have been rigged. Despite the pandemic,
Lukashenko’s victory was followed by huge protests demanding his resignation.
Lukashenko responded with a brutal crackdown on the protesters with many in
prison, hundreds were beaten & a few died.
Soon after the election results were announced, the
EU foreign ministers while addressing the developments in Belarus reiterated -
their call to end the violence against peaceful protesters, demanded immediate
release of those detained & refused to recognise the election results. The
conditions in Belarus’ however didn’t change. At least 6,700 arrests were made
according to The Belarusian Ministry of Internal Affairs (reported by Amnesty
International 30/10/2020) in the first four days of protests. The EU called for
the European Council to impose restrictive measures including asset freeze
& travel ban. The first round of Sanctions against 40 individuals was
imposed, while the Second round included Lukashenko himself and many prominent
people in the regime. The third round of sanctions followed by the end of
December, 2020.
On 23rd May, 2021, Ryanair Flight 4978 within
Belarusian Airspace flying from Athens, Greece to Vilnius, Lithuania was
diverted to Minsk Airport after the Belarusian authorities reported a bomb on
board. The flight was allowed to depart after an opposition activist/journalist
Roman Protasevich & his partner were arrested. To this, Brussels responded
with new sanctions and condemned the forced landing of the flight. Alexander
Lukashenko then threatened to not cooperate on the issue of migration on EU
borders. By June 2021 EU had banned Belarusian air carriers of all kinds from
entering their airspace & accessing their airports. The EU's fourth package
of sanctions were issued in the light of continuing serious human rights
violations & brutal repression.
Lukashenko then engineered a crisis at its borders
with the EU. The Sanctions triggered what the Frontex(EU’s border agency) in
its Risk Analysis for 2022/2023 described Lukashenko’s actions as “aggressive
instrumentalisation of migration in a hybrid campaign” for political purposes.
The widening scope of sanctions by Brussels & aggressive retaliation by
Belarus flagged the beginning of a dangerous struggle between the two actors which
soon became consequential for those who left their homes to avoid conflict only
to be a part of another .
Later 2021, under widening sanctions by Brussels,
Lukashenko announced that he wont stop any migrants from entering the EU,
effectively ending its cooperation on border management. Belarus controlled
travel agencies & state airlines worked in tandem to get migrants from West
Asia to Minsk. Belarusian Authorities started offering tourists visas, easing
travel restrictions for thousands in conflict ridden zones. Number of direct
flights from Damascus, Baghdad, Istanbul & Dubai to Minsk doubled from
previous year’s figures with reduced prices. Belarus’ promotion of tours to
Minsk involved many agents in West Asia giving out fallacious information &
instructions to possible migrants. Social media platforms were used effectively
for this purpose.
Opening up of Belarus’ borders encouraged thousands
to arrive at Minsk under a false pretense of entering the EU. Upon their
arrival, Belarusian state agencies dumped hundreds of migrants at the border
with the EU member states, instructing them to cross over into territories of
Poland, Lithuania & Latvia. There have been reports of abuses by the
Belarusian authorities & use of force against many who failed to cross over
to the EU. Those who wished to go back to the countries they came from were
denied the option & were forced to keep on trying to cross over. The
migrants were left stranded between the forests along the eastern border in the
cold. Those who tried to make it to Minsk on foot were pushed back while those
who successfully crossed the border, over to the EU were sent back without due
process for determination of refugees & upholding their basic human
rights.
Initially, Humanitarian aid & assistance, NGO’s
& Civil Societies were denied access to the border areas. By September
2021, a state of emergency was imposed by Poland, Latvia & Lithuania in the
areas along the border which limited movement at major border crossings thus
restricting access to unauthorized individuals including many journalists,
medics, human rights activists, etc. Lithuania & Poland started to consider
building a border wall with Belarus. By November the situation aggravated to a
level where we see Donald Tusk, a prominent Polish politician, suggested
seeking help from NATO, of which Poland is a member.
Masses of migrants began pushing at Bruzgi-Kuźnica
border crossing between Poland & Belarus which became the epicenter of the
conflict. The checkpoint was later closed. A large group of migrants pushed
against Polish authorities resulting in retaliation that turned into a stand
off. The Polish border personnel used water cannons & tear gas in response
to aggression by the migrants assisted by the Belarusian guards. Poland started
collective expulsions & summary returns for those who were successful in
crossing the border which sometimes resulted in injuries. Those injured were
given medical treatment & allowed to temporarily stay on Polish territory
on humanitarian grounds while their families were forced to leave, many times
separating them.
The stranded migrants are subjected to abuses, many
robbed, beaten & left in the cold. For this, both Poland & Belarus have
a shared responsibility. At the time of writing this article, the situation
persists. There have been efforts by humanitarian groups to assist migrants
seek asylum & apply for refugee status in Belarus & in the EU. The UN's
intervention amidst the crisis helped a few return to their countries &
enabled NGO’s to participate. The human cost of the crisis largely remains
ignored.
By June 2022, Poland successfully completed
building a wall along its border with Belarus & had lifted the state of emergency.
Russia’s Special Military Operation in Ukraine that displaced millions of
Ukrainians brings to light the ease with which the EU took in Ukrainian
migrants in contrast to those who are still at the borders with Belarus and are
being subjected to abuse by both sides. A report by Amnesty International was
titled : Latvia: Refugees and migrants
arbitrarily detained, tortured and forced to ‘voluntarily’ return to their
countries.
PART OF POLAND
People displaced from their countries due to
political instability, violence, economic or environmental reasons or
otherwise, deserve certain basic human rights everywhere in the world. In the
case of the EU, they should be subjected to a due process of law and a fair
procedure that allows them to apply for refugee status along with proper
documentation to stay, if they seek to do so.
For those who seek asylum, Article 19 of the Charter Of Fundamental Rights Of The EUROPEAN UNION, provides protection in the event of removal, expulsion & extradition. It further prohibits collective expulsion. Article 19 also states that “No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.”
In 2008, The European Parliament & the Council of the EU adopted ‘Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals’; commonly referred to as ‘the Return Directive’. It ensures that aliens illegally staying within the territory of the EU are sent back to their home countries with due procedures which are fair & transparent. The Return Directive also states that the basic human rights & the dignity of the migrants are to be respected. The Principle of non-refoulement is to be respected.
This is not the first time that the EU member
states have ignored their own legal code under the EU law as well as the
International Law.
TURKEY
In 2015, the EU recorded its largest migrant wave
across the borders in a single year. In 2015, West Asia was reeling under
intense conflict that forced 1,336,010 people to migrate to Europe by the end
of 2015 which was a 3,492% jump from the figures recorded around the same time
the previous year. The report also indicated the major route taken by the
migrants was through Turkey.
Figure : 2 (WB-RAN data, Feb 2016)
In March 2016 EU & Turkey signed an agreement
on cooperation with conditions that all migrants irregularly crossing into
Greece through Turkey will be returned to Turkey while the arrangement’s cost
will be covered by the EU. Turkey is to take “necessary measures” to prevent
opening up of illegal crossing from their area(land & sea) into the EU. In
return, the EU will liberalize its visa restrictions for Turkish citizens. The
EU will also disburse 3 billion Euros initially & the progress of the deal
will be reviewed in 2018 again, if the commitments materialize, EU shall
provide an additional 3 billion euros to Turkey. The migrant influx dropped
post the deal.
Figure : 3 ( Source : Western Balkans
Quarterly Quarter 2 • April–June 2016 )
The Bloc’s strategy is to provide its neighbors
with incentives to hold migrants within their territories, thus forming a
buffer zone around it in an effort to keep migrants away from the EU.
However, The development in EU-Turkey relations
regarding migration gave Turkey a new aspect to exploit. An already criticized
approach of the bloc to pay its neighboring countries surfaced when the deal
with Turkey eventually led to a diplomatic standoff. Turkey isn’t the only
state that the EU has paid to hold migrants. The states surrounding the EU,
especially in the Mediterranean region will always look for more incentives and
use migrants as weapons to pressure the EU.
WITHIN THE EU
The EU member states close to the conflict zones
with a coastal border in the south(known as Blue borders) and land borders in
the east(known as Green borders) like France or Greece or Poland are affected
the most while those far away from conflict areas like Luxembourg or the
Netherlands do not face a migratory challenge. This disparity at times has led
to differences between the member states in terms of distribution of refugees
amongst themselves or mobilizing funds for border management at the bloc’s external
borders. Migration hasn’t only been challenging the EU altogether but also the
EU as one entity.
WAY FORWARD
From a realist perspective, the EU’s neighbors will
not be accommodative of its interests. Alexander Lukashenko manufactured a
crisis at the borders that allowed him to exert pressure over the EU which
seems to be working. Far from being expensive, the ability to create such a
crisis doesn’t stem from the Belarusian government’s political or military
structure nor its material capabilities but it’s the power that Belarus holds
by the virtue of its geography.
The larger problem however rests in the
instability, poverty, low levels of development, violence and lack of economic
opportunities in West Asia and Africa. As these factors are an active source of
displacement, the importance of a stable Geo-strategic MENA region and its
overall development should be central to understanding the challenge of
migration. The block needs a better strategy to tackle the issue in the long
term.
In the light of the crisis manufactured by
Lukashenko, Migration in recent times has taken on a new geopolitical
significance.
Sources :
- WB-RAN -data as of 4 February 2016 (Frontex Western
Balkans Quarterly Report October-December 2015)
- Frontex Border Control Reports : 2014, 2015, 2016, 2017, 2018,
2019, 2020, 2021, 2022-2023.
- HumanRightsWatch Report / Polish Border Crisis
- AMNESTY INTERNATIONAL'S SUBMISSION TO THE OFFICE OF THE HIGH
COMMISSIONER FOR HUMAN RIGHTS, PURSUANT TO HUMAN RIGHTS COUNCIL RESOLUTION
45/1 ON "THE SITUATION OF HUMAN RIGHTS IN BELARUS IN THE RUN-UP TO
THE 2020 PRESIDENTIAL ELECTION AND IN ITS AFTERMATH" ADOPTED ON 18
SEPTEMBER 2020
- EU - Turkey statement, 18 March 2016 144/16 Press EN
- The Return Directive 2008/115/EC - European Implementation
Assessment.
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