Europe's Failing Migration Policies

Europe’s Failing Migration Policies have long drawn criticism for their restrictive nature, but recent years have starkly revealed their profound failings, particularly in protecting migrants’ rights and lives. These policies are increasingly criticized as compounding the dangers that migrants face rather than alleviating them.

Millions of people are fleeing crises such as wars in Syria and Sudan, extreme poverty in sub-Saharan Africa, and environmental disasters exacerbated by climate change. These crises leave migrants with few options but to undertake dangerous journeys, often across the Mediterranean. Instead of offering protection and legal pathways, European countries have implemented measures that prioritize border security over humanitarian considerations, with devastating consequences.

The Central Mediterranean: A Deadly Route

The Central Mediterranean migration route has become synonymous with danger and tragedy, exposing the deadly consequences of European migration policies. This route, which many migrants take in hopes of reaching Europe, has claimed thousands of lives annually, making it one of the most dangerous migration pathways in the world. Despite the growing humanitarian need, European countries have prioritized deterrence over rescue, turning the Mediterranean into a de facto barrier against migration rather than a pathway to safety.

The International Organization for Migration (IOM) has highlighted the alarming rise in irregular migration, with over 330,000 migrants crossing into Europe in 2022. Many of these individuals faced treacherous conditions at sea, compounded by overcrowded and unseaworthy vessels. Instead of responding to this crisis with comprehensive rescue operations or the expansion of legal migration routes, European nations have largely shifted responsibility onto countries like Libya, Morocco, and Tunisia through bilateral agreements aimed at curbing migration flows

Outsourcing Border Control: A Policy of Neglect

The European Union’s agreements with Libya stand out as a harrowing example of the consequences of externalizing migration control. These deals, often justified as efforts to prevent human smuggling, provide funding, training, and resources to Libyan coastguards to intercept migrants attempting to cross the Mediterranean. However, intercepted migrants are frequently returned to Libya, where they face detention in facilities notorious for inhumane conditions, physical abuse, and exploitation. Human Rights Watch and Amnesty International have documented cases of forced labor, torture, and sexual violence in these centers, painting a grim picture of what awaits those who are denied entry into Europe.

These policies also close off avenues for asylum, as many migrants intercepted in the Mediterranean are unable to exercise their right to claim international protection. By enabling such practices, the EU effectively undermines its obligations under international and European human rights law, which mandate that asylum seekers must not be returned to places where they face serious harm.

Also Read: Morocco and Europe’s Bilateral Agreements and Externalization of Borders

Failure to Address the Root Causes

The reliance on restrictive measures like border externalization has failed to address the systemic issues driving migration. Conflicts, poverty, and climate change continue to displace millions across Africa and the Middle East, leaving individuals with no choice but to embark on dangerous journeys. Instead of investing in long-term solutions that tackle these root causes, European policies focus on containment, exacerbating the risks faced by migrants and perpetuating cycles of displacement and instability.

A meaningful response to the crisis along the Central Mediterranean must go beyond outsourcing border control. It requires coordinated search-and-rescue operations, safe disembarkation practices, and the establishment of legal pathways for migration. Additionally, Europe must address the systemic drivers of migration through sustainable development aid, conflict resolution initiatives, and climate adaptation strategies.

Without these reforms, the Central Mediterranean will remain a symbol of Europe’s failure to uphold its humanitarian and legal obligations, and thousands more lives will be lost in pursuit of safety and dignity.

The Collapse of Search and Rescue Operations

Search and rescue operations in the Mediterranean have significantly declined in recent years, reflecting a troubling retreat from Europe’s commitment to humanitarian obligations. Despite the Mediterranean being one of the deadliest migration routes, many European governments have scaled back or outright ended state-led search-and-rescue missions. This has created a vacuum, leaving migrants and refugees at greater risk of drowning. According to the International Organization for Migration (IOM), over 2,400 migrant deaths were recorded in 2020 alone, with many experts suggesting that these figures are conservative estimates due to underreporting of unregistered shipwrecks.

NGO Operations Under Siege

In response to the absence of state intervention, non-governmental organizations (NGOs) like SOS Méditerranée and Sea-Watch have stepped in to save lives. These groups have become critical players in search-and-rescue operations, pulling tens of thousands of migrants from the sea. However, their work is routinely obstructed by European governments. Many states have taken legal and administrative steps to criminalize or impede these organizations, accusing them of encouraging migration by offering a “pull factor.”

For example:

Fines and Administrative Hurdles: NGOs face exorbitant fines and complex registration processes, forcing many of their vessels to remain docked for months.
Legal Threats: Rescue workers have been charged with crimes such as “aiding illegal migration,” even when their sole purpose is saving lives in compliance with maritime law.
Seizure of Rescue Ships: Governments have seized vessels on dubious safety grounds, significantly reducing the capacity for rescue operations.

These tactics not only delay or prevent rescue missions but also create a chilling effect on other organizations considering humanitarian work in the region.
The systematic obstruction of NGO rescue missions has had devastating consequences. With fewer vessels available to patrol the waters, migrants are often left stranded in unsafe and overcrowded conditions. Many boats are unfit for the long journey, leading to preventable deaths from capsizing or exposure. Survivors who are rescued frequently report horrifying experiences of dehydration, starvation, and abuse at the hands of smugglers.

Furthermore, NGOs often find themselves caught in bureaucratic limbo, delaying the disembarkation of rescued migrants. In some cases, ships have been forced to remain at sea for weeks because European ports refuse to allow them to dock, exacerbating the trauma for those on board .

Human rights organizations and international bodies have repeatedly called on European states to end the criminalization of NGOs and to re-establish robust, state-led search-and-rescue operations. Such measures are not only a moral imperative but also a legal one, as international maritime law obliges states to ensure the safety of those in distress at sea. Without systemic reform, the Mediterranean will continue to serve as a theater of unnecessary suffering, with Europe bearing significant responsibility for the lives lost.

The current approach reflects a failure of policy and humanity, underscoring the urgent need for Europe to prioritize human dignity over deterrence.

Also Read: Migrant Children in Ceuta, Spain

The Harsh Reality of Pushbacks

One of the gravest violations tied to European migration policies is the practice of pushbacks, in which migrants and asylum seekers are forcibly returned across borders without being granted the opportunity to apply for asylum or have their cases heard. These actions are widely documented along the EU’s external borders, particularly at the Greek-Turkish border, the Western Balkans route, and the Central Mediterranean. Pushbacks violate multiple provisions of international law, including the European Convention on Human Rights (ECHR), the 1951 Refugee Convention, and the principle of non-refoulement, which prohibits returning individuals to countries where they may face serious harm.

Documented Pushback Practices

Pushbacks often involve severe mistreatment, including physical violence, confiscation of personal belongings, and forced exposure to harsh conditions. For instance:

At the Greek-Turkish border, migrants attempting to cross the Evros River have reported being stripped of their clothes, beaten, and forcibly sent back to Turkey by border guards.
Along the Western Balkans route, migrants trying to enter Croatia have described violent expulsions by Croatian authorities, who reportedly use batons, pepper spray, and even dogs to drive people back into Bosnia and Herzegovina.
In the Mediterranean, pushbacks are executed through interceptions at sea, with European states like Italy and Malta coordinating with the Libyan coastguard to return migrants to detention centers in Libya, where they face torture, trafficking, and slavery-like conditions.

Legal Violations and Limited Accountability

Pushbacks directly contravene international and European legal frameworks:

The ECHR and the Charter of Fundamental Rights of the European Union guarantee the right to seek asylum and protect individuals from inhuman or degrading treatment.
The principle of non-refoulement, enshrined in the Refugee Convention, prohibits returning individuals to countries where they are at risk of persecution or harm.

Despite these protections, enforcement of legal rulings remains weak. The European Court of Human Rights (ECHR) has ruled against member states on several occasions for violating migrants’ rights through pushbacks. For example, in the case of N.D. and N.T. v. Spain (2020), the Court condemned Spain’s practice of expelling migrants from Melilla, a Spanish enclave in North Africa. However, such rulings have failed to deter other states from continuing or even intensifying pushback operations.

Criticism from Human Rights Organizations

Human rights organizations such as Amnesty International, Human Rights Watch, and the UN Refugee Agency (UNHCR) have repeatedly highlighted the grave consequences of pushbacks, emphasizing that these practices are illegal under international law and deeply harmful to those seeking safety. By denying migrants access to asylum processes and forcibly returning them to unsafe territories, European countries expose these individuals to heightened risks of violence, exploitation, and even death. Such actions also undermine the global framework designed to protect displaced persons, eroding the integrity and functionality of the international asylum system.

Violation of Legal Obligations

Pushbacks contravene several key legal frameworks, including:

The 1951 Refugee Convention, which enshrines the principle of non-refoulement, prohibiting states from returning individuals to countries where they face serious threats to life or freedom.
The European Convention on Human Rights (ECHR), which protects individuals from inhuman or degrading treatment.
The EU Charter of Fundamental Rights, which guarantees the right to asylum.

Despite these obligations, pushbacks continue to be widely reported at European borders, with border authorities engaging in violent expulsions that deny migrants the chance to lodge asylum claims.

Also Read: Who is Frontex EU?

Exacerbation of Harm

Pushbacks not only deny migrants their right to seek protection but actively place them in harm’s way. Reports from Amnesty International and Human Rights Watch document the following consequences:

Violence and Mistreatment: Migrants subjected to pushbacks often face physical abuse, including beatings and verbal threats, during their forced returns.
Exposure to Dangerous Conditions: Those pushed back are frequently abandoned in hazardous environments, such as forests or open seas, without adequate supplies or support.
Recycling of Exploitation: Many migrants end up in detention centers in countries like Libya, where they are vulnerable to torture, forced labor, and sexual exploitation.

In 2023, Human Rights Watch reported cases at the Croatian-Bosnian border where migrants, including children, were brutally forced back into Bosnia after being subjected to degrading treatment. Similar abuses have been documented along the Greek-Turkish border, where migrants are sometimes left adrift in unsafe dinghies after being intercepted at sea

Erosion of the International Asylum System

Pushbacks undermine the international asylum system, which is premised on ensuring that individuals fleeing persecution or violence can seek refuge. When states engage in pushbacks:

Access to Asylum is Denied: Migrants are not given the opportunity to present their claims for international protection, a fundamental right under international law.
Precedents for Violations are Set: By disregarding legal obligations, European countries risk encouraging similar behavior elsewhere, weakening global norms around refugee protection.

The UNHCR has expressed concern that such actions erode trust in the system, making it harder to achieve coordinated solutions to global migration challenges. Instead of providing safe and legal pathways, these practices foster chaos and human suffering, further destabilizing regions already burdened by displacement.

Calls for Accountability and Reform

Human rights organizations have called on European states to:

End Pushbacks: Cease all actions that forcibly expel migrants without due process.
Ensure Oversight: Establish independent mechanisms to monitor border practices and hold violators accountable.
Expand Safe Pathways: Create legal and accessible migration routes to reduce the reliance on dangerous, irregular journeys.

By failing to address these issues, Europe not only shirks its legal and moral responsibilities but perpetuates a cycle of harm that betrays its foundational principles of human dignity and protection.

Calls for Change to Europe’s Failing Migration Policies

Strengthening the enforcement mechanisms of the European Court of Human Rights (ECHR) and other legal bodies is vital for addressing the systemic issues surrounding the treatment of migrants. While the ECHR has ruled against unlawful practices such as pushbacks, enforcement remains inconsistent due to a lack of accountability at the state level. Enhancing these mechanisms requires bolstering the capacity of the court to monitor compliance, imposing meaningful penalties for violations, and ensuring that member states adhere to their commitments under human rights law. By empowering the ECHR to take stronger action, Europe can better uphold the principles enshrined in international law.

Independent monitoring systems along EU borders are critical to preventing human rights abuses and increasing transparency. These systems should include impartial observers who can document and report on the treatment of migrants, ensuring that states abide by legal obligations and avoid unlawful practices such as pushbacks. Regular reports from such monitors could provide valuable data for shaping fairer migration policies while holding border authorities accountable for misconduct.

Establishing safe and legal pathways for migration is essential to addressing the root causes of irregular migration and reducing reliance on dangerous routes. By creating structured channels, such as expanded refugee resettlement programs, humanitarian visas, and labor migration schemes, Europe can offer viable alternatives to dangerous crossings. Such pathways not only save lives but also help integrate migrants into society by facilitating legal entry and participation in the labour market.

Transparency and oversight of agreements with non-EU countries, such as Libya, are equally crucial to ensuring that these partnerships do not contribute to human rights abuses. Current deals often involve outsourcing border control to countries with poor human rights records, leading to severe consequences for migrants, including detention in inhumane conditions. Increasing transparency in these agreements would involve subjecting them to public scrutiny and independent review, ensuring they align with international human rights standards. Oversight mechanisms should guarantee that funds and resources provided under such agreements are used to protect migrants rather than to perpetuate abuse.

Safe and Legal Routes: The Missing Solution

European countries’ strict border controls have left a critical gap in addressing the migration crisis: the lack of safe and legal pathways for those fleeing war, poverty, or persecution. This systemic failure pushes migrants into the hands of smugglers and onto dangerous journeys across deserts and seas, where they risk drowning, exploitation, and trafficking. Despite this, little progress has been made to develop policies that provide alternatives to these dangerous routes, leaving migrants with few choices but to embark on life-threatening voyages in search of safety.

Expanding legal migration routes is essential for mitigating these risks and protecting lives. Programs like humanitarian visas, refugee resettlement schemes, and labor migration opportunities could allow people to seek protection without resorting to irregular methods. These legal avenues would not only reduce reliance on traffickers but also allow European governments to manage migration more effectively, matching skilled workers to labor market needs while ensuring vulnerable populations are protected.

Human rights groups, including Amnesty International and the UN Refugee Agency (UNHCR), have consistently called for the establishment of more structured pathways for migration. Such programs could involve expanding family reunification processes, offering visas for students or skilled workers, and increasing the quotas for refugee resettlement. For instance, countries like Canada and Germany have pioneered community sponsorship programs, where local groups support refugees during their resettlement. Adopting similar models across Europe could help foster community involvement and smoother integration of migrants.

Moreover, creating these legal pathways aligns with Europe’s moral and legal obligations under international law, including the 1951 Refugee Convention. Without such measures, migrants are left to navigate dangerous seas, as evidenced by the thousands of deaths in the Mediterranean each year. Safe migration routes would not only save lives but also reduce the strain on coastal nations tasked with managing irregular arrivals and conducting search-and-rescue operations.

The broader benefits of legal pathways extend beyond immediate protection. Migrants arriving through regular channels are better positioned to contribute to their host societies, integrating into local economies and reducing the social tensions often associated with irregular migration. By investing in these solutions, European countries could uphold their humanitarian commitments while addressing practical challenges in a sustainable and effective way.

The Urgent Need for Reform

The Mediterranean migration crisis is a complex issue that requires a comprehensive, human rights-based approach to migration. Europe’s current policies, which rely heavily on militarized borders, detentions, and pushbacks, have failed to prevent migration, but they have consistently failed to protect the most vulnerable. As the humanitarian situation worsens, European leaders must reconsider their approach. It’s time for Europe to abandon harmful practices and focus on a solution that prioritizes the safety, dignity, and rights of migrants, while addressing the root causes of migration through international cooperation, economic development, and climate action.

Until such reforms are made, Europe’s credibility as a proponent of human rights remains in question, and the lives of thousands of migrants will continue to be jeopardized.