Humanitarian Groups Criticize New EU Migration and Asylum Pact

A coalition of more than ten international humanitarian organizations has voiced strong objections to the newly implemented European Pact on Migration and Asylum. These groups, including Amnesty International, Doctors Without Borders, Oxfam Intermón, Doctors of the World, Caritas, and the Jesuit Refugee Service, express grave concerns about the pact's potential impact on the rights of asylum seekers and migrants arriving in the European Union.

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The new framework may lead to greater use of detention, restriction of freedom of movement, and weakening of the guarantees accompanying the examination of international protection applications.

The organizations argue that the new framework risks increasing the use of detention, curtailing freedom of movement, and weakening the guarantees associated with the examination of international protection applications. They emphasize that the pact cannot be viewed in isolation, as it is part of a broader EU strategy prioritizing returns and deportations. The recently agreed-upon Returns Regulation, for instance, is cited as expanding detention possibilities for migrants and introducing stricter, more coercive measures to expedite deportations.

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The new regulation expands the possibilities for detaining migrants and introduces stricter and more coercive measures to expedite deportations.

A central point of contention is the establishment of a fast-track asylum procedure at the EU's external borders. This new process mandates that asylum applications must be processed within just 12 weeks of a migrant's arrival. If rejected, a return decision is to be issued concurrently. A particularly controversial element is the legal construct that asylum seekers will not be considered to have legally entered EU territory during this period, despite being physically present on European soil. Humanitarian organizations believe this could significantly limit applicants' rights and facilitate their confinement in closed facilities or detention centers.

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During this process, the applicant will not be legally considered to have entered the territory of the European Union, even though they are physically on European soil.

The fast-track procedure will be mandatory for individuals deemed a security risk or those originating from countries where citizens receive international protection at a rate below 20% across the EU. The organizations caution that the pressure for rapid decisions may undermine individualized case assessments, potentially overlooking other forms of protection or humanitarian grounds that could justify a person's stay in Europe. Special concern is raised for children and vulnerable populations, with NGOs asserting that the new framework may not adequately ensure the best interests of the child and calling for individualized assessments and meaningful participation for minors in decision-making processes. They also demand guaranteed free and specialized legal aid from the outset, quality interpretation services, and the presence of specialized medical personnel.

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The pressure for quick decisions may undermine the individualized examination of each case and lead to the overlooking of other forms of protection or humanitarian reasons.