On 11 March, the European Commission proposed the establishment of a new Common European System for Returns, in the form of a Regulation. Framed as a move for simplification and effectiveness, the proposal prioritises securitisation over human rights protections.
LSI, alongside organisations such as PICUM and EuroMed Rights, has raised concerns about the human rights implications of the proposal on returns. The punitive measures outlined in the Pact on Migration and Asylum are further exacerbated by the new regulation. This proposal emerges at a time when the EU is increasingly criminalising migrants and human rights defenders in response to growing demands for stricter migration policies that favour security over fundamental rights and solidarity.
In November 2023, the Commission proposed the EU Facilitation Directive, as part of the Anti-Smuggling Package, this Directive seeks to modernise and strengthen the legal framework for tackling migrant smuggling. The Directive aims to improve prosecution efficacy for organised criminal networks, harmonise policies, expand jurisdictional reach, and reinforce Member States’ capacities and data collection mechanisms. The Council’s Draft aims to broaden the definition of the facilitation offence and increase penalties.
As highlighted in PICUM’s analysis, by assuming, without substantial evidence, that smuggling is one of the primary causes of irregular migration, the EU fails to recognise that lack of regular pathways. This may increase migrants’ vulnerabilities and, in turn, the risks of human trafficking.
There is an urgent need for a more humane and regulated approach to migration, as emphasised by Equinox’s position paper, rather than further reliance on criminalisation and securitisation.
Meanwhile, this month, the United Nations Human Rights Office (OHCHR) contributed to the Commission’s consultation on the evaluation of the EU Public Procurement Directives. OHCHR welcomed the initiative and called for the Directives to align with international human rights norms and principles, including labour standards and the right to a clean, healthy, and sustainable environment. They stressed the opportunity for public procurement policies to become a strategic tool to enhance the realisation of human rights.
Finally, more than 100 organisations signed an open letter to the EU condemning proposed reforms to EU laws on migrant smuggling and calling for an urgent change in approach. The letter demands that the EU amend the Facilitation Directive to better protect migrants and reject the Europol Regulation Reform.
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