Irregular Migration in the Western Balkans Gianluca Rocco Sub-regional Coordinator for the Western Balkan Region IOM Sarajevo Annual EAASP Conference Dubrovnik - Croatia

2 Outline  Mixed Migration Flows in the Western Balkans  Main Challenges  IOM and Member States AVR, CT and other

3 Increasing numbers from extra-regional countries of origin: Syria, Afghanistan, Pakistan, Palestine, Algeria etc.; Irregular migrants transiting through WB in a bid to reach the EU All countries in WB region affected but flows are changing; Critical elements: (a) mixed flows comprising asylum seekers: VoTs, smuggled/stranded migrants, UAMs and others, (b) high levels (c) limited budgets From EU to EU – principal/secondary routes originating in Turkey, Greece, Bulgaria etc.; Mixed Migration Flows

4 National systems organised/developed but under stress; States: Readmission is the main tool - deportation/voluntary return not functioning due to lack of funds; Governments expending scarce resources on accommodating and readmitting irregular migrants – no long term solution; Increased level of recidivism of irregular migrants and reports on high abuse of the asylum system; Main Challenges for the States

5 Lower the “stress” to a level that is manageable Goals: to develop synergies to: (a) enhance fight against irregular migration, and (b) increase cost-sharing and cost- effectiveness; (c) develop and apply EU compliant mechanisms independently from accession; (d) prepare WB countries for EU accession also establishing/strengthening mechanisms to tackle irregular migration; (e) ensure self-sustainability; IOM intervention Supporting Member States

6 Protection Sensitive Entry Systems - Identifying and providing assistance to persons with specific needs, vulnerable migrants - refugees Improvement of Reception Arrangements Language analysis/support Enhancing Mechanisms for Information Sharing - identification Assisted Voluntary Return, CT, UAMs Capacity building on Migration Management. IOM intervention Supporting Member States

7 Victims of Trafficking Asylum Seeker Refugee Irregular Migrant Unaccompanied Migrant Children Smuggled Migrant Stranded Migrant ElderlyMinorities

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9 Migrants’ Rights General principle of international law: the discretion of state to grant entry to its territory to non-nationals Nevertheless there are cases when states are required to permit an entry of a migrant (e.g. in case of asylum request on the border, for purpose of family reunification) Responsibility of state to protect rights of migrants(Protect migrants from arbitrary deprivation of life/ill-treatment, Prevention from torture, protection from discrimination) once the migrant is within its jurisdiction (mostly upon entry)

10 Migrants’ Rights Legal and normative framework affecting international migrants is not regulated in one sigle treaty/mechanism, but scattered through a set of instruments and standards No hierarchy between human rights - all rights are universal, inalienable, inter-dependent, indivisible and of equal importance Every person w/o discrimination must have access to his/her human rights and any difference in treatment in comparison to nationals must be enshrined in national legislation, serve a legitimite objective and any course of action taken to achieve such an objective must be proportionate and reasonable.

11 Migrants’ Rights Migrants cannot benefit from protection provided in international instruments unless instruments are ratified, incorporated or implemented in national legislation and subsequently enforced Migrant groups that are particularly susceptible to human rights abuse and often suffer from serious protection gap: (a) Irregular migrants, (b) Rejected asylum seekers and those subject to forced return, (c) Migrants during conflict

12 Migrants’ Rights Non-refoulement Non- discrimination Prohibition of torture, cruel and inhuman treatment No arbitrary detention- access to alternatives to detention Access to competent interpreters Right to emergency medical care Right to education for children Access to consular authorities Access to NGOs Access to justice, right to an effective remedy Personal security Free expression, association and assembly

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