1

Research Monograph

On

Migration Crisis in Europe: An Appraisal

This research monograph is submitted in partial fulfillment of the requirement LL.M degree of

the Master of Law

Submitted to:

Nour Mohammad

Assistant professor

Research supervisor

Department of Law

Premier University Chittagong

Submitted by:

Student Name : Durjoy Barua

Student No : 1501620101006

Session : 2015-2016

Submission Date : 15/02/2016

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Table of Contents

Page no:

Acknowledgment 6

Letter of transmittal 7

Student declaration 7

Abstract 8

Keywords 8

Acronyms 9

Chapter 1: Introduction 10

1.1 General remarks on migration 10

1.2 Concept of migration 13

1.3 Objectives and Research questions 14

1.4 Research methodology and plan of the study 15

Chapter 2: Historical and Conceptual Background of Migration 16

2.1. Past history 16

3

2.2. The World Wars and Their Aftermath 17

2.3. Earlier story in Europe 17

Chapter 3: Legal Norm’s and principles of migrants 19

3.1. State authority and responsibility 19

3.1.1. Nationality 19

3.1.2 .International commitments 20

3.2. Freedom of persons to Leave and Return 20

3.3. The Human Rights of Migrants 20

3.3.1. Non- discriminations 21

Chapter 4: Plough of Migration Crisis 21

4.1. Statistics 22

4.2 .Origins and Motivations 26

4.3 .Migration Routes, Development and Responses in Individual Countries

27

4.4.1. Austria 30

4.4.2 .Croatia 30

4.4.3 .France 31

4

4.4.4 .Germany 31

4.4.5 .Italy 32

4.3.6 .Greece 32

4.4. Triggers of the summer 2015 Crisis 36

4.5. Closure of Green Borders 37

4.6. Outbreaks 40

Chapter 5: Reactions and Political Debates 41

5.1.European Union 41

5.2. International 43

5.3. European people‟s party 45

5.4. Party of European Socialist 46

5.5.Eurosceptic Parties 46

5.6. Death of Aylan Kurdi 47

5.6.1. Kurdis Biography 47

5.6.2. Accident and Body recovery 47

5.6.3. Reactions to the photos 48

5

Chapter 6: Reasons and consequences of migration crisis 50

6.1. The war in Syria 50

6.2. The route to Europe got a lot easier 50

6.3. The price dropped 51

6.4. Germany‟s extension of welcome to refugees 51

6.5. The shortcomings of the underfunded international aid effort 52

6.6. Positive and negative consequences 52

6.6.1. Economic Impacts 52

6.6.2. Social Impacts 53

6.6.3. Political Impacts 53

Chapter 7: Concluding remarks and Recommendations 54

7.1. Recommendations 54

7.2. Conclusion 55

Bibliographies 56-60

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Acknowledgment

I would like to express my profound respect and heartiest thanks to all my teachers for their

endless support to build up my academic carrier. My profound gratefulness goes to Mr. Nour

Mohammad, Assistant Professor, Department of Law, Premier University Chittagong, my

supervisor of this paper whose supervision helped me in completing this paper.

My profound gratefulness and special thanks goes to Mr. Fariduddin Ahmed, Assistant

Professor, Department of Law, premier University Chittagong, whose inspiration always

stimulated me to do this work.

Furthermore, I wish to acknowledge the personal support of many friends during recent years

through their loyal friendship. Most of all, I would like to thank my parents. Their strong and

continuous encouragement, their exceptional and tireless support and their caring love laid the

groundwork for my endeavors.

Your faithful

Durjoy Barua

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Letter of Transmittal

Dear Sir,

It is an extensive pleasure for me to submit the research monograph on the topic of “Migration

Crisis in Europe: An Appraisal”. While preparing this research paper, I have tried my level

best to maintain the required standard. I hope that this paper will fulfill your expectation.

I, therefore, pray and hope that you would be kind enough to go through this research paper for

evaluation. I am always available for any further clarification for any part of this research paper

at your convenience.

Durjoy Barua

Student Declaration

I am Durjoy Barua student of Premier University Chittagong, Chittagong, Bangladesh do hereby

solemnly declare that this research paper is prepared for fulfillment of the course “Research

Monograph”

Durjoy Barua

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Abstract

Through the death of Aylan, a three years old boy on a Turkish beach, promoted European leaders and public

opinions to acknowledge that Europe is the most deadly migration destination in the world. EU member

states received approximately 626,000 asylum applications in 2014, and the number of asylum applications doubled

to 1,221,855 in 2015. Most of EU states were welcomed to migrants it is very appraisal but Eastern European

countries oppose the idea of “sharing the burden”. As to solutions, continue positive asylum procedure whole the

EU and should provides sufficient assistance for asylum seekers. Encourage visa facilitation and continue to work

with its international partners to find a political and humanitarian solution to Middle East cold war. If the EU does

not take to duty as solve the crisis their own, can International Organizations (IRs) impulse to change their

inaction? What force do IOs have on EU and Mediterranean migration and migration policies?

Keywords

Migration, State Authority, Responsibility, Statistics, Origin, Motivation, Outbreaks,

Reactions, Political Debates, Consequences

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Acronyms

UN United Nation

EU European Union

IOM International Organization for Migration

WB Western Balkan

UNHCR United Nations High Commissioner for Refugee

ILO Immigration Liaison Officer

NATO North Atlantic Treaty Organization

UNSC United Nations Security Council

AI Amnesty International

HRW Human Rights Watch

IOs International Organizations

CRC Convention on the Rights of Child

ICCPR International Covenant on Civil and political Rights

ICESCR International Convention on Economic Social and

Cultural Rights

UK United Kingdom

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Chapter 1

Introduction

Migration has considered one of the defining global issues of the early twenty –first century, as

more and more people are on the move today than at any other point in human history.1 At

present migration crisis in Europe is a major problem of European Union. It was past and raising

day by day. Now the EU leaders are facing their principal challenges to handle the migration

crisis.

Migrants and refugees streaming into Europe from Africa, the Middle East, and South Asia have

presented European leaders and policymakers with their greatest challenge since the debt crisis.

The International Organization for Migration calls Europe the most dangerous destination2 for

irregular migration in the world, and the Mediterranean the world's most dangerous border

crossing.

The European migrant crisis or European refugee crisis began in 2014, when a rising number of

refugees and migrants made the journey to the European Union to seek asylum, travelling across

the Mediterranean Sea, or through Southeast Europe. They came from areas such as Western and

South Asia, Africa, and the Western Balkans. According to the United Nations High

Commissioner of Refugees, the top three nationalities of the around one million Mediterranean

1 Kabir Dr. Md. Ahsan,(2012) International Migration Law, Dhaka, Shams Publications, P. 01.

2 IMO (2014) released of “Fatal Journeys: Tracking Lives Lost during Migration,” the world‟s most comprehensive

tally to date of migrant fatalities across land and sea, vol. 67, p. 54

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Sea arrivals in 2015 were Syrian (49%), Afghani (21%) and Iraqi (8%). Most of the refugees and

migrants were adult men (58%).3

Discourse on migration involves many perspectives. There is growing recognition that migration

is essential and inevitable component of the economic and social life of every state, and that

orderly and properly managed migration can be beneficial for both individuals and societies. The

EU members are trying to solve this problem and many organizations such as UNHCR, NGOs

had helps the many migrants whose are crossed the Mediterranean.

The aim of this research, to flourish knowledge toward the further work as well as enhancement

efficiency about the migration circumstances in Europe.

3 Wikipedia, (2015) european migrants crisis. [online] available at:

https://en.wikipedia.org/wiki/European_migrant_crisis (accessed on 3 Jan 2015)

12

Huge migrants are crossing Mediterranean by little boat

1.1 General remarks on migration

From time immemorial people have moved from their country of origin to another country for

variety of reasons. Sometimes it is voluntary, and other time isn‟t. In case of voluntary

movement, it is described as migration. There is another situation where an individual does not

enjoy the protection of the state and is forced to move from the country of origin or nationality

because of perceived danger or insecurity of his/her life.4

4 Rashid ur Harun, (2008) Refugee Law, Anupam Gyan Bhandar, p. 01.

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1.2. Concept of migration

The term migrant can be understood as "any person who lives temporarily or permanently in a

country where he or she was not born, and has acquired some significant social ties to this

country.5

According to, The International Convention on the Protection of the Rights of All

Migrant Workers and Members of Their Families, 1990, the term 'migrant' in article 1.1 (a)

should be understood as covering all cases where the decision to migrate is taken freely by the

individual concerned, for reasons of 'personal convenience' and without intervention of an

external compelling factor.6

The Institute for the Study of International Migration‟s Crisis Migration Project attempts to

describe the phenomenon of „crisis migration‟, positing three principal ways in which

humanitarian crises affect movement. (These categories are not mutually exclusive as people

may move from one to another or fall into more than one).7

1. Displacement, encompassing those who are directly affected or directly threatened by a

humanitarian crisis – that is, those who are compelled to move by events beyond their direct

control. The displacement may be temporary or it may become protracted.

5UNESCO(2015) learning to live together, [online] available at: http://www.unesco.org/new/en/social-and-human-

sciences/themes/international-migration/glossary/migrant/ (accessed 5 Jan 2015)

6 Article 1.1 (a) of the International Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families, 1990

7 Martin S, Taylor A, Weerasinghe S (2014). What is crisis migration?, Forced Migration Review. Vol. 45, P.5.

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2. Anticipatory movement, encompassing those who move because they anticipate future

threats to their lives, physical safety, health and/or subsistence. In some cases, the movements

involve entire communities while at other times individuals and households migrate

3. Relocation for persons who might otherwise be trapped in place, encompassing those who

are directly affected or threatened by a humanitarian crisis but who do not or cannot move due to

physical, financial, security, logistical, health and/or other reasons.

1.3. Objectives and research questions

The main objectives of this research are as follows:

To clarity the concept of migration crisis.

To discuss the possible solutions for mitigation of migrants in Europe.

To assist in building national and international knowledge about the crisis in Europe and

their circumstances.

To ensure that existing research evidence is used optimally.

Based on the following research is conducted to find out answers of the following research

questions:

How have understandings of the causes and effects of international migration been

affected by these migrants crises?

How does the crisis influence migration to the entire Europe?

In what kind of socio cultural, political and economic practices are these migrants

involved and to what extent are these practices transnational?

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What kind of identifications is shaped through the crisis-induced migration and how do

these identifications influence the creation of migrant transnational life worlds

1.4. Research methodology and plan of the study

Basically this research based on the most of the documents from secondary sources such as

books, published reports, journal and newspapers articles. And I have used different software

such as SPSS; EXCEL, OFFICE, has been used in processing data. The collected data were

analyzed and interpreted to prepare report on the research topic. Through this analysis, I attempt

to find out actual happening of migration crisis in Europe. And I tried to clarify reasons and

recommendations as well as consequences of the crisis. I also focused historical background

hereafter political debates on host countries also legal norms of migrants.

Following procedure I have followed I work on research monograph:

Designing research structure

Collecting data, information from internet

Follow various books

Follow the instruction of the teacher

Literature review

Outline of research

Typing my research monograph

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Chapter 2

Historical and Conceptual Background of the Migration

Human migration is the movement by people from one place to another with the intention of

settling temporarily or permanently in the new location. The movement is typically over long

distances and from one country to another, but internal migration is also possible. Migration may

be individuals, family units or in large groups. European migration history is the more than other

previous history.

2.1. Past history

Prior to the Christian era, the story of persecution of prophet Abraham/Ibrahim (SM) around

2200 BC and his flight from the place of birth near Euphrates in Iraq to Syria was an instance of

a refugee situation. Holy prophet Muhammad (SM) had to leave Mecca for Medina during July

and August 622 together with about seventy followers as his life was in danger. The people of

Medina assured that the Prophet would be safe in Medina. The faithful followers who had

forsaken their birth place received the name of „Muhajirin‟ (emigrants or exiles) in Medina.8

Between the 11th

and 18th

centuries, the Vietnamese expanded southward in a process known as

nam tien (southern expansion). Manchuria was separate from china and which restricted the

movement of the Han Chinese. The age of exploration and European colonialism led to an

accelerated pace of migration since early modern times. In the 16th

century perhaps 240,000

European entered American ports, in 19th

century over 50 million people left Europe for the

8 Rashid ur Harun, (2008) Refugee Law, Anupam Gyan Bhandar, p. 02.

17

Americans. The local populations or tribes, such as the Aboriginal people in Canada, Brazil,

Argentina, Australia, Japan, and United States, were usually far overwhelmed numerically by the

settler.9

2.2. The World Wars and Their Aftermath

The First and Second World Wars, and wars, genocides, and crises sparked by them, had an

enormous impact on migration. Muslims moved from the Balkan to Turkey, while Christians

moved the other way, during the collapse of the Ottoman Empire. In April 1915 the Ottoman

government embarked upon the systematic decimation of its civilian Armenian population. The

persecutions continued with varying intensity until 1923 when the Ottoman Empire ceased to

exist and was replaced by the Republic of Turkey. The Armenian population of the Ottoman

state was reported at about two million in 1915.10

The Jewish communities across Europe, the

Mediterranean and the Middle East were formed from voluntary and involuntary migrants. After

the Holocaust (1938 to 1945), there was increased migration to the British Mandate of Palestine,

which became the modern state of Israel as a result of the United Nations Partition Plan for

Palestine.11

2.3. Earlier story in Europe

At resent and previous little year European migration is the major tension for the Europe as well

as the whole world. Between January 1 and the end of November 2015, more than 886,000

9 Kabir Dr. Md. Ahsan,(2012) International Migration Law, Dhaka, Shams Publications, P. 09.

10

Bauder, Harald, (2006) Labor Movement: How Migration Regulates Labor Markets, New York: Oxford

University Press, p. 85 11

Wikipedia, (2013), history of human migration, [Online] Available at:

https://en.wikipedia.org/wiki/History_of_human_migration [accessed 28 Dec.2014]

18

people reached the EU via the Mediterranean, a significant increase over previous years. More

than 3,500 people died or went missing in the same period while making the journey. Arrivals to

Greece via Turkey across the Aegean Sea now far outstrip crossings via Libya to Italy. From

Greece, a debt-stricken country unable to cope with the influx, many travel overland through the

Western Balkans (WB) to reach other EU countries. The land route contains its own perils,

including blocked border crossings, summary expulsions and police abuse.12

This History is as yet incomplete.

12 Bade J. Claus, (2009), Migration in European History, London, Blackwell publishing, P. 4.

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Chapter 3

Legal Norms and principles of migrants

There are many bilateral, regional and multilateral agreements and conventions aimed at

managing migration, particularly in the humanitarian field. Some of these rules work

satisfactorily whereas others are not fully implemented. In certain areas, However, no rules or

guidelines to regulate interstate co-operation exits. There is, moreover, no global structure

through which to manage orderly movements in a cooperative way and which combines

efficiency, equity and respect for the interest of the country of origin, of transit and destination.

3.1. State authority and responsibility

International law affirms the authority of states to regulate the movement of persons across their

borders. Such power is understood to flow from the concept of an international system of states,

with states possessing primary authority over their territory and population.

3.1.1. Nationality

Every state possesses authority to determine who its nationals are, subject to Conventional and

customary law norms. So states may choose whether to adopt for birthright citizenship; and there

is no international law requirement that a state extent citizenship to the children of immigrants

(international instruments do, however, urge steps to avoid statelessness)13

13 Convention on the Rights of the Child (CRC), art. 8, 20 November 1989, UN Doc, A/RES/44/25/(1989),28 I.L.M.

1457(1989)

20

3.1.2. International commitments

Article 26 of the 1969 Vienna Convention on the Law of Treaties: “every treaty in force is

binding upon the parties to it and must be perform good faith”. It is further established that,

under international law, treaty obligations between parties take precedence over conflicting

provision of municipal law.14

3.2. Freedom of persons to Leave and Return

Any person have right to leave and return to any region. The right to leave is an “incomplete”

right. In a world of nations-states and controlled borders, exercise of the right depends upon a

person‟s ability to locate a state willing to take him or her in. 15

According to the Human rights

committee, charged with monitoring implementation of the widely ratified International

Convention on Civil and Political Rights, “there are few, if any, circumstances in which

deprivation of the right to entre one‟s own country could be reasonable”.16

3.3. The Human Rights of Migrants

The human rights of individuals – including immigrants- are frequently conceptualized as rights

that challenge the sovereignty of status. States may be bound by human rights norms because

they have ratified convention protecting such rights; in such cases, any resulting limit on state

sovereignty has been expressly consented to by the state.

14 Article 16, of the 1969 Vienna Convention on the Law of Treaties

15 Universal Declaration of Human Rights 1948, Freedom of movement and transnational migration rights for every

people.

16 Human Rights Committee, General Comment No. 27, CCPR/c/21/Rev.1/ Add.9, Para, 20 (1999)(nothing that

Article 12(4)of the ICCPR uses the phrase his own country, rather than the phrase, country of his nationality)

21

3.3.1 Non- discrimination

According to ICCPR article 26 provides, “all persons are equal before the law and are entitled

without any discrimination to the equal protection of the law”. In this respect, the law shall

prohibit any discrimination and guarantee to all persons equal and effective protection against

discrimination on any ground such as race, color, sex, language, religion, political, or other

opinion, national or social origin, property, birth or other status.17

(1) Rights protected under the International Convention on Economic, Social, and Cultural

Rights (ICESCR)- such as the right to work, to an adequate stander living, to health, and to

education- are generally guaranteed to everyone which a state. Furthermore, the convent

provides that such rights will be exercised without discrimination of any kind.18

17 Article 26 of the International Convention on Civil, Political Right(ICCPR)

18 Article 2(1) of the International Convention on Economic, Social and Cultural Rights (ICESCR)

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Chapter 4

Plough of Migration crisis

Migrants in such crisis situations are affected by the absence or inadequate implementation of

norms, obligations and standers, notably those relating to human rights and humanitarian law.

Operational gaps or lack of coherence and resources compound the negative effects of crisis on

migrants. Effects by government‟s international organizations and NGOs to redress this

shortcoming are far too limited.

4.1 Statistics

Hundreds of thousands of migrants fleeing wars and economic migrants escaping poverty have

arrived in the European Union in an unprecedented wave. Nearly all first reach the EUs eastern

and southern edges and then press on illegally for richer and more generous EU countries further

north and west.19

19 Jeanne P. (2015)Council on Foreign Relation Affairs, London, vol. 26, p. 68-71

23

20 Frontex, (2015) Annual Risk analysis, [online] vol. 59 P . 59. Available at:

http://frontex.europa.eu/assets/Publications/Risk_Analysis/Annual_Risk_Analysis_2015.pdf#page=59 ( accessed 7

Jan. 2015)

Sea and land arrivals to the EU

in 2014 by nationality20

Syria 79,169

Eritrea 34,586

Unspecified sub-Saharan nationals 26,341

Afghanistan 22,132

Kosovo 22,069

Mali 10,575

Albania 9,323

The Gambia 8,730

Nigeria 8,715

Somalia 7,676

Others 54,216

Total 283,532

24

According to the International Organization for Migration (IOM), up to 3,072 people died or

disappeared in 2014 in the Mediterranean while trying to migrate to Europe.21

Overall estimates

are that over 22,000 migrants died between 2000 and 2014.

In 2014, 283,532 migrants irregularly entered the European Union, mainly following the Central

Mediterranean and Western Balkan routes. 220,194 migrants crossed EU sea borders in the

Central, Eastern and Western Mediterranean (a 266% increase compared to 2013). Half of them

had come from Syria, Eritrea and Afghanistan.

2015

In 2015, a shift took place, with Greece overtaking Italy as the primary point of arrival and

surpassing in the first six months of 2015 the numbers for the whole of 2014: 67,500 people

arrived in Italy, mainly coming from Eritrea (25%), Nigeria (10%) and Somalia (10%), whereas

68,000 arrived on the islands of Greece, mainly coming from Syria (57%) and Afghanistan

(22%).22

In total, 137,000 migrants crossed the Mediterranean into Europe in the first six months

of 2015.23

As of 17 April 2015, the total number of migrants reaching the Italian coasts was 21,191 since 1

January 2015, with a decrease during the month of March due to bad weather conditions, and a

21Associate press (2015), Migrant boat capsizes off Libya, 400 feared dead. Fox News Channel. [online] p.1,

available at: http://www.foxnews.com/world/2015/04/15/migrant-boat-capsizes-off-libya-400-feared-dead.html

(accessed 7 Jan 2015)

22 UNHCR(2015). The sea route to Europe: The Mediterranean passage in the age of refugees, [online] p. 11.

Available at: http://www.unhcr.org/5592bd059.html#11 (accessed 1 Jan 2015)

23 UNHCR (2015), Mediterranean Crisis 2015 at six months: refugee and migrant numbers highest on record. 1

available at: http://www.unhcr.org/5592b9b36.html (accessed 1 Jan 2015)

25

surge since 10 April, bringing the total number of arrivals in line with the number recorded in the

same period in 2014. However, the death toll in the first four months of 2014 was 96, compared

with 500 in the same period in 2015; this number excluded the victims of the devastating

shipwrecks on 13 and 19 April.24

In early August 2015, the United Nations High Commissioner for Refugees said that 250,000

migrants had arrived in Europe by sea so far in 2015, 124,000 in Greece and 98,000 in Italy.

According to Frontex, July set a new record for a single month, with 107,500 migrants estimated

to have entered the EU. 190,000 people were detected crossing the EU borders in August,

267,000 in September,25

and 276,000 in November, bringing the total number of refugees and

migrants detected at EU external borders in the first eleven months of the year to 1.55 million

(715,000 in Greece, 667,000 in Hungary and Croatia and 144,000 in Italy, although a large

number of migrants following the Western Balkan route were double-counted when arriving in

Greece and then when entering the EU for the second time through Hungary or Croatia).26

24 International Organization for Migration, (2015) Migrant Deaths Soar in Mediterranean, available at:

http://www.iom.int/news/migrant-deaths-soar-mediterranean [accessed 6 Jan 2015]

25Frontex (2015), 710000 migrants entered EU in first nine months of 2015, Available at:

http://frontex.europa.eu/news/710-000-migrants-entered-eu-in-first-nine-months-of-2015-NUiBkk(accessed on 29

Dec. 2014)

26Frontex (2015), 710 000 migrants entered EU in first nine months of 2015. Avilabe at:

http://frontex.europa.eu/news/710-000-migrants-entered-eu-in-first-nine-months-of-2015-NUiBkk (accessed 14 Feb.

2015)

26

According to IMO and UNHCR estimates, around one million migrants and refugees arrived in

Europe till 21 December 2015, three to four times more than in 2014.27

Just 3% (34,215) came

by land to Bulgaria and Greece; the rest came by sea to Greece, Italy, Spain, Cyprus and Malta.

The vast majority arrived by sea in Greece (816,752); 150,317 arrived by sea in Italy, with a

slight drop from 170,000 in 2014. Half of those crossing the Mediterranean were from Syria,

20% were from Afghanistan and 7% from Iraq. IOM estimated that a total of 3,692 migrants and

refugees lost their lives in the Mediterranean in 2015 - over 400 more than in 2014 - of whom

2,889 in the Central Mediterranean and 731 in the Aegean sea.28

4.2 Origins and Motivations

Ascertaining motivation is complex, but most of the migrants are refugees, fleeing war and

persecution in countries such as Syria, Afghanistan and Eritrea: according to UNHCR data, 84%

of Mediterranean Sea arrivals in 2015 came from the world's top ten refugee-producing countries

(49% from Syria, 21% from Afghanistan, 8% from Iraq, 4% from Eritrea, 2% from Somalia and

1% from Sudan). The top ten nationalities of Mediterranean Sea arrivals in 2015 also included

Nigeria (2%), Pakistan (2%), the Gambia (1%) and Mali (1%).29

Asylum seekers of seven

nationalities had an asylum recognition rate of over 50% in EU States in the first quarter of 2015,

meaning that they obtained protection over half the time they applied: Syrians (94% recognition

27Wikipedia,(2015) European migrants crisis,[online] available at:

https://en.wikipedia.org/wiki/European_migrant_crisis#cite_note-Miles_One_Million_2015-64 [Accessed 11 Jan

2015]

28 Miles Tom (2015), EU gets one million migrants in 2015, smugglers seen making $1 billion. Reuters. Retrieved

[online] p.3 avialble at: http://www.reuters.com/article/us-europe-migrants-idUSKBN0U50WI20151222 [accessed

on 27 Jan. 2015]

29 “UNHCR, (2014)Global Trends –Forced Displacement in 2014. available at: http://unhcr.org/556725e69.html

[accessed on 14 Feb. 2016]

27

rate), Eritreans (90%), Iraqis (88%), Afghans (66%), Iranians (65%), Somalis (60%) and

Sudanese (53%). Migrants of these nationalities accounted for 90% of the arrivals in Greece and

47% of the arrivals in Italy between January and August 2015, according to UNHCR data.30

Wars fueling the crisis are the Syrian civil war and the Iraq war, the war in Afghanistan, the war

in Somalia, and the war in Darfur. Refugees from Eritrea, one of the most repressive states in the

world, flee from indefinite military conscription and forced labor.31

Motivations for migrant smugglers are primarily financial, with migrant smuggling proving

highly lucrative for the most.32

4.3 Migration Routes, Development and Responses in Individual Countries

As of August 2015, Frontex, recognizes the following general routes on sea and on land used by

irregular migrants to enter the EU:33

the Western African route

the Western Mediterranean route

the Central Mediterranean route(Italy and Malta)

30Jems faul,(2015), Europe migrant crisis: Germany 'will cope with surge. BBC News. [online] Available at:

http://www.bbc.com/news/world-europe-33992563[Accessed on 9 Feb 2015]

31 Kigsly fetrict, (2015), Refugee crisis: apart from Syrians, who is travelling to Europe? The Guardian. [online]

available at: http://www.theguardian.com/world/2015/sep/10/refugee-crisis-apart-from-syrians-who-else-is-

travelling-to-europe[accessed on 27 Jan.2016]

32 Rick Lyman (2015). Eastern Bloc‟s Resistance to Refugees Highlights Europe‟s Cultural and Political Divisions,

[online]The New York Times, Available at: http://www.nytimes.com/2015/09/13/world/europe/eastern-europe-

migrant-refugee-crisis.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-

news&WT.nav=top-news&_r=0[accessed on 1 Feb 2016]

33Frontex, (2015), .Available at: http://frontex.europa.eu/trends-and-routes/migratory-routes-map/ [accessed on 1

Feb 2016]

28

the Apulia and Calabria route

the circular route from Albania to Greece

the Western Balkan route (from Greece through Macedonia and Serbia to Hungary or

Croatia)

the Eastern Mediterranean route

the Eastern Borders route

route into Libya

west Egypt route

29

Key migration routes into Europe

Source: Compiled using data from Frontex, International Organization for Migration, UNHCR and United States Institute of Peace

30

4.3.1 Austria

On 27 August 2015, 71 migrants were found dead in an unventilated food truck near Vienna. As

an official response to this tragedy, on 31 August 2015, Austria began inspections of vehicles for

smuggled immigrants entering from across the border with Hungary, leading to vehicular

backups of 19 km (12 mi) and trains stalled for hours.34

Late on 4 September 2015, Chancellor Werner Faymann of Austria, in conjunction with

Chancellor Angela Merkel of Germany, announced that migrants would be allowed to cross the

border from Hungary into Austria and onward to Germany, and early on 5 September 2015,

buses with migrants began crossing the Austro-Hungarian border. Austria noted that 6,500

migrants had crossed the border. 35

4.3.2 Croatia

On 15 September 2015, Croatia started to experience the first major waves of refugees of the

Syrian Civil War. First Syrian refugees cross Croatia-Serbia border, carving out potential new

route through Europe after Hungary seals borders. On 15 September 2015, Hungary announced it

would start arresting people crossing the border illegally, and as of early 16 September, Hungary

had detained 519 people and pressed criminal charges against 46 for trespassing. Thousands of

migrants were subsequently led to pursue alternative routes through Croatia from Serbia.36

As of 6 October 2015, 125,000 entered Croatia in the space of three weeks. Between mid-

September and mid-October 2015, about 200,000 migrants had passed through Croatia, most

34 Alison Smale and Melissa Eddy (2015), Migrant Crisis Tests Core European Value: Open Borders. The New

York Times, [online] available at: http://www.nytimes.com/2015/09/01/world/europe/austria-migrant-crisis-

truck.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-news&WT.nav=top-

news&_r=2 [accessed on 13 Feb 2016]

35Associate press,(2015), The Latest: Austria, Germany to accept bused migrants. MSN.[online] Available at:

http://www.msn.com/en-us/news/world/the-latest-austria-germany-to-accept-bused-migrants/ar-

AAdWjak?li=BBgzzfc&ocid=iehp[accessed on 29 Dec. 2015]

36 Rick Lyman and Dan Bilefsky (2015), Migrants Clash with Police in Hungary, as Others Enter Croatia. The New

York Times, [online] Available at: http://www.msn.com/en-us/news/world/the-latest-austria-germany-to-accept-

bused-migrants/ar-AAdWjak?li=BBgzzfc&ocid=iehp[accssed on 8 JAN. 2016]

31

moving on to Hungary. On 17 October 2015, Hungary closed its border with Croatia to migrants,

forcing diversion of migrants to Slovenia instead.37

However, Slovenia, with a population of only

two million, stated that it would only be able to admit 2,500 people per day, stranding thousands

of migrants in Croatia as well as Serbia and Macedonia, while new migrants continued to add to

this backlog.38

4.3.3 France

Migrants entering France illegally by train from Italy were returned to Italy by French police

since border controls were introduced in July 2015. France has been perceived as "unwelcoming"

and having a poor job market by migrants. Thus many of them seek to enter the United

Kingdom, resulting in camps of illegal migrants around Calais, where one of the Eurotunnel

entrances is located. During the summer of 2015, at least nine people died in attempts to reach

Britain, including falling from, or being hit by trains, and drowning in a canal at the Eurotunnel

entrance. Migrants from the camps also attempt to enter trucks bound for the UK, with some

truck drivers being threatened by migrants, and cargo being stolen or damaged.39

4.3.4 Germany

Germany has been the most sought-after final destination in the EU migrant and refugee crisis,

Thousands of migrants continued to pour into Germany from Austria as of 6 September 2015.

37 Rick Lyman (2015), Hungary to Close Its Border With Croatia in Migrant Crackdown. The New York Times,

[Online] available at: http://www.nytimes.com/2015/10/17/world/europe/hungary-croatia-refugees-

migrants.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-

news&WT.nav=top-news&_r=0 [accessed on 37 Jan. 2016]

38 Rick Lyman (2015). Hungary to Close Its Border with Croatia in Migrant Crackdown. The New York Times,

[online] Available at: http://news.yahoo.com/slovenias-fence-croatia-border-threatening-wildlife-wwf-

203307042.html [accessed on 8 Feb.2016]

39 Semel henry (2015), EU migrant crisis: Refugees shun France over red tape, unemployment and poor housing –

Telegraph. [online]available at: http://www.telegraph.co.uk/news/worldnews/europe/france/11880391/Refugees-

shun-France-land-of-red-tape-unemployment-and-poor-housing.html [accessed on 1 Feb 2016]

32

Germany's asylum practice is to be based on article 16a of her Basic Law.40

After the

development of the migrant crisis Germany decided to use the derogation possibility of article 17

of the Dublin III Regulation for humanitarian reasons.41

According to The Wall Street Journal,

this "unilateral" open-arms policy triggered both a domestic and an international backlash.42

However, Germany immediately began to deploy a quota system to distribute asylum seekers

among all German streets. In September 2015 the federal states, responsible for accommodation,

reached the brink of their capacities and criticized the Government in Berlin for its inconsiderate

approach to the crisis.

4.3.5 Italy

Thousands of migrants were entered every month to cross the Mediterranean to Europe, risking

their lives on unsafe boats including fishing trawlers. Many of them are fleeing poverty-stricken

homelands or war-torn countries and seeking economic opportunity within the EU. Italy, and, in

particular, its southern island of Lampedusa, receives enormous numbers of Africans and

Middle-Easterners transported by traffickers operating along the ungoverned coast of the failed

state of Libya.43

4.3.6 Greece

40 Deutscher Bundestag(2012)Basic Law for the Federal Republic of Germany, print version in English,

[online]Available at: https://www.bundestag.de/blob/284870/ce0d03414872b427e57fccb703634dcd/basic_law-

data.pdf[accessed on 5 Feb 2016]

41 Regulation (EU) No 604/ 2013 of the European Parliament and of the Council, June 26, 2013

42 Bertrand Benoit and Nicholas Winning ( 2015), Germany Feels Backlash for Welcoming Migrants. The Wall

Street Journal.[online] available at: http://www.wsj.com/articles/germany-feels-backlash-for-welcoming-migrants-

1441553068 [accessed on 8 Jan 2016]

43 Scammell, Rosie (2015). Mediterranean migrant crisis: number of arrivals in Italy in 2015 passes 50,000. The

Guardian [online]available at: http://www.theguardian.com/world/2015/jun/07/mediterranean-migrant-arrivals-italy-

passes-50000 [accessed on 26 Jan 2016]

33

Migrants arrive from the Middle East making the 6-kilometre (4 mi) water crossing to the Greek

islands of Chios, Kos and Lesbos, which are close to Turkey and are thus a quick and easy access

border into Europe44

. As of June 2015, 124,000 migrants had arrived into Greece, a 750%

increase from 2014, mainly refugees stemming from the wars in Syria, Iraq and Afghanistan.

Greece appealed to the European Union for assistance, whilst the UNCHR European Director

Vincent Cochetel said facilities for migrants on the Greek islands were "totally inadequate" and

the islands in "total chaos".45

44 Daley, Suzanne (4 August 2015). "On Island of Lesbos, a Microcosm of Greece's Other Crisis: Migrants". The

New York Times 45

"Migrant 'chaos' on Greek islands – UN refugee agency". BBC News. 7 August 2015.

34

Charts and a map that show where Europe's refugees are coming from - and the perilous

journeys they are taking.

Where are they coming from?

Arrivals by sea to Italy Main countries of origin (January - September 2014/2015)

2014 2015

Main countries of

origin

2014 2015 Percentage (+/-)

Syria 32,681 7,072 -78%

Eritrea 32,537 35,938 +10%

Nigeria 6,951 17,886 +157%

Gambia 6,179 6,315 +2%

Somalia 4,113 10,050 +144%

Bangladesh 3,925 5,037 +28%

Sudan 2,370 8,370 +253%

Tot. all countries of

origin

138,786 132,071 -5%

Source: Italian Ministry of the Interior, elaboration by the International Organization for Migration

35

36

4.4 Triggers of the summer 2015 Crisis

Factors cited as immediate triggers or causes of the sudden and massive increase in migrant

numbers in the summer of 2015 along the Eastern Mediterranean and Western Balkan route

(Turkey-Greece-Macedonia-Serbia-Hungary) include:

In mid-June 2015 the government of Macedonia announced that it was changing its

policy on migrants entering the country illegally. Previously, migrants were forbidden

from transiting Macedonia, causing those who chose to do so to take perilous, clandestine

modes of transit, such as walking along railroad tracks at night. Beginning in June,

migrants were given three-day, temporary asylum permits, enabling them to travel by

train and road.46

According to the Washington Post, German Chancellor Angela Merkel's public pledges

(at a time of diplomatic standoff with the government of Hungary at the beginning of

September, when tens of thousands of refugees were attempting to cross Hungarian

territory without getting processed for asylum application in the country) that Germany

would offer temporary residency to refugees, combined with television footage of

cheering Germans welcoming refugees and migrants arriving in Munich, persuaded large

numbers of people to move from Turkey up the Balkan route.47

The Syrian government under Basher al Assad announced increased military

conscription, and simultaneously made it easier for Syrians to obtain passports, leading

46 Associate press (2015), Macedonia Allows Migrants to Legitimately Transit Country. Voice of America, [online]

Available at: http://www.voanews.com/content/macedonia-migrants-asylum-law/2828577.html [accessed on 1 Jan

2016]

47 Sly Liz, (2015), 8 reasons Europe‟s refugee crisis is happening now, The Washington Post. [online] available at:

https://www.washingtonpost.com/news/worldviews/wp/2015/09/18/8-reasons-why-europes-refugee-crisis-is-

happening-now/ [accessed on 25 Jan 2015]

37

Middle East policy experts to speculate that he was implementing a policy to encourage

opponents of his regime to leave the country.48

4.5Closure of Green Borders

From Turkey to Greece

Greece built a razor-wire fence in 2012 along its short land border with Turkey. In September

2015, Turkish provincial authorities gave approximately 1,700 migrants three days to leave the

border zone.49

From Russia to Norway

On 25 January, it was reported that Russia closed its northern border checkpoint with Norway for

asylum seekers to return to Russia. While the announcement was noted as closure of the border,

it apparently was considering only returning asylum seekers, thus only partial closure of the

border.50

From Russia to Finland

On 4 December, Finland temporarily closed one of its land border crossings by lowering the

border gate and blocking the road with a car. The closure was reported to only apply for asylum

seekers and lasted only a couple of hours. On 27 December 2015, Finland closed its Russian

48 Sly Liz (2015), 8 reasons Europe‟s refugee crisis is happening now. The Washington Post, [online]Available at:

https://www.washingtonpost.com/news/worldviews/wp/2015/09/18/8-reasons-why-europes-refugee-crisis-is-

happening-now/(accessed on 3 Feb 2016)

49 Sarah Almukhtar, Josh Keller, and Derek Watkins (2015), "Closing the Back Door to Europe", The New York

Times.[online]available at: http://www.nytimes.com/interactive/2015/09/15/world/europe/migrant-borders-

europe.html?hp&action=click&pgtype=Homepage&module=second-column-region&region=top-

news&WT.nav=top-news [accessed on 7 Jan 2016]

50D.W. com, (2016) Russia shuts arctic border to Norway over security reasons - News - DW.COM available at:

http://www.dw.com/en/russia-shuts-arctic-border-to-norway-over-security-reasons/a-19001593 [accessed on 3 Jan

2016]

38

border for people riding on bicycles, reportedly enforcing the rule only on Raja-Jooseppi and

Salla checkpoints. Earlier, more and more asylum seekers had crossed the border on bikes.51

From Greece to Macedonia

In August 2015, a police crackdown on migrants crossing from Greece failed in Macedonia,

causing the police to instead turn their attention to diverting migrants north, into Serbia.

However, in November 2015, Macedonia began erecting a fence along its southern border with

Greece, with the intention of channeling the flow of migrants through an official checkpoint as

opposed to limiting the inflow of migrants. Beginning in November 2015, Greek police forces

permitted only Syrians, Iraqis, and Afghans to cross into Macedonia.52

From Croatia to Hungary

Hungary built a 40-km (25-mi) razor-wire fence along its border with Croatia in 2015.On 16

October 2015; Hungary announced that it would close off its border with Croatia to migrants.53

From Austria to Germany

Germany placed temporary travel restrictions from Austria by rail in 2015 but has imposed the

least onerous restrictions for migrants entering by the Western Balkans route in 2015, in the

context that Chancellor Angela Merkel had insisted that Germany will not limit the number of

refugees it accepts.54

51Russian news agency, (2015) Finland prohibits crossing border with Russia on bikes, available at:

http://tass.ru/en/world/847182 [accessed on 14 Feb 2016]

52 Suzanne Daley (2015), Thousands of Migrants Stranded in Greece as Route North Is Narrowed, The New York

Times.[online] available at: http://www.nytimes.com/2015/12/10/world/europe/greece-macedonia-migrants-

refugees.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=mini-moth&region=top-

stories-below&WT.nav=top-sto [accessed on 3 Feb 2016]

53 Rick Lyman (2015), Hungary to Close Its Border with Croatia in Migrant Crackdown. The New York Times

[online] available at: http://www.nytimes.com/2015/10/17/world/europe/hungary-croatia-refugees-

migrants.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top

news&WT.nav=top-news&_r=0 [accessed on 3 Feb 2016]

54 Sarah Almukhtar, Josh Keller, and Derek Watkins (2015) Closing the Back Door to Europe. The New York

Times.[online] available at: http://www.nytimes.com/interactive/2015/09/15/world/europe/migrant-borders

39

Hungarian soldiers put up razor wire on top of a fence on the border with Serbia, in Asotthalom, Hungary, Aug. 31. Refugees surging through the Balkans now are racing against Hungarian Prime Minister Viktor Orban's right-wing nationalist government, which has ordered army engineers

to erect a 13-foot (4-meter) fence along the border. (Darko Bandic/Associated Press)

europe.html?hp&action=click&pgtype=Homepage&module=second-column-region&region=top-

news&WT.nav=top-news [accessed on 3 Feb. 2016]

40

4.6 Outbreaks

Several serious accidents and deaths have occurred in Europe as a result of migrant smuggling,

both in the Mediterranean Sea, due to the capsizing of crowded and unseaworthy migrant

vessels, and on European soil, due to the use of standard cargo trucks by smugglers to transport

migrants.

Total death 2014 and 2015

Source: Compiled using data from Frontex, International Organization for Migration, UNHCR and United States Institute of Peace

41

Chapter 5

Reactions and Political Debates

For migration crisis, European Union and as well as the whole world were affected. Then there

are arises some positive and negative reactions and political debates are started in whole world

for the being durable solutions. Still reaction and political debates are going on.

5.1European Union

After the migrant shipwreck on 19 April 2015, Italy‟s Premier Matteo Renzi spoke by telephone

to French President Francois Hollande and to Maltese Prime Minister Josheph Muscat. They

agreed to call for an emergency meeting of European interior ministers to address the problem of

migrant deaths. Renzi condemned human trafficking as a "new slave trade" while Prime Minister

Muscat said 19 April shipwreck was the "biggest human tragedy of the last few years". Hollande

described people traffickers as "terrorists" who put migrant lives at risk. The German

government‟s representative for migration, refugees and integration, Aydan Ozoguz, said that

with more migrants likely to arrive as the weather turned warmer, emergency rescue missions

should be restored. "It was an illusion to think that cutting off Mare Nostrum would prevent

people from attempting this dangerous voyage across the Mediterranean. She said.55

Federica

Mogherini, High Representative of the EU for Foreign Affairs and Security Policy High

55 EU leaders call for emergency talks after 700 migrants drown off Libya, Reuters, 19 April 2015.

42

Representative of, called for collective EU action ahead of a meeting in Luxembourg on Monday

20 April.56

On 20 April 2015, the European Commission proposed a 10-point plan to tackle the crisis: 57

Reinforce the Joint Operations in the Mediterranean, namely Triton and Poseidon, by

increasing the financial resources and the number of assets. We will also extend their

operational area, allowing us to intervene further, within the mandate of Frontex;

A systematic effort to capture and destroy vessels used by the smugglers. The positive

results obtained with the Atalanta operation should inspire us to similar operations

against smugglers in the Mediterranean;

Europol, Frontex, EASO, and Eurojust will meet regularly and work closely to gather

information on smugglers' modus operandi, to trace their funds and to assist in their

investigation;

EASO to deploy teams in Italy and Greece for joint processing of asylum applications;

Member States to ensure fingerprinting of all migrants;

Consider options for an emergency relocation mechanism;

A EU wide voluntary pilot project on resettlement, offering a number of places to persons

in need of protection;

56 Immott robin(2015), Europe should back action to protect migrants in Mediterranean: Mogherini. Reuters/Yahoo,

[online].available at: https://news.yahoo.com/eu-states-back-action-protect-migrants-mediterranean-mogherini-

114546548.html[accessed on 2 Feb 2015]

57 European Commission – press release (2015) Joint Foreign and Home Affairs Council: Ten point action plan on

migration. (online)available at: http://europa.eu/rapid/press-release_IP-15-4813_en.htm[accessed on 27 Jan 2016]

43

Establish a new return programmed for rapid return of irregular migrants coordinated by

Frontex from frontline Member States;

Engagement with countries surrounding Libya through a joined effort between the

Commission and the EEAS; Initiatives in Niger have to be stepped up.

Deploy Immigration Liaison Officers (ILO) in key third countries, to gather intelligence

on migratory flows and strengthen the role of the EU Delegations.

5.2 International

The United Nations predicted that one million migrants should reach Europe by 2016 and

warned on 25 September 2015 that worsening conditions in Iraq would send new waves

of migrants to Europe.58

NATO Secretary General Jens Stolenberg said that "there is a need for immediate

measures, border, migrant, the discussion about quotas, so on – this is civilian issues,

addressed by the European Union." Czech Deputy Prime Minister Andrej Babis said in

reaction: "According to the NATO chief, the problem of refugees is a problem of the EU

and the border protection and the fight against people smugglers is in the power of

particular EU member states.59

58 Sewell Chan (2015). No End in Sight to Tide of Migrants Entering Europe, U.N. Says. The New York

Times.[online] available at: http://www.nytimes.com/2015/09/26/world/europe/no-end-in-sight-to-tide-of-migrants-

entering-europe-un-says.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-ne

[accessed on 3 Feb 2016]

59 CeskeNoviny.cz. (2015)Czech minister Babis criticises NATO´s stance on refugees, [online] available at:

http://www.ceskenoviny.cz/news/zpravy/czech-minister-babis-criticises-nato-s-stance-on-refugees/1256815

[accessed on 3 Feb 2016]

44

The Russian Federation released an official statement on 2 September 2015 that the

United Nations Security Council (UNSC) was working on a draft resolution to address

the European migrant crisis, likely by permitting the inspection of suspected migrant

ships.

Amnesty International (AI) and Human Rights Watch (HRW) have criticized the funding

of search and rescue operations. Amnesty International says that the EU is "turning its

back on its responsibilities and clearly threatening thousands of lives".60

Saudi Arabia offered to build 200 new mosques for Muslim refugees in Germany. 61

Australian PM Tony Abbott said the tragedies were "worsened by Europe's refusal to

learn from its own mistakes and from the efforts of others who have handled similar

problems. Destroying the criminal people-smugglers was the centre of gravity of our

border control policies, and judicious boat turn backs was the key.62

U.S. President Barack Obama praised Germany for taking a leading role in accepting

refugees. In September 2015, he decided to raise the number of Syrian refugees admitted

in the USA to at least 10,000 in 2016 from less than 2,000 in 2015.63

Syrians would be

60 Human Rights Watch (2015), EU: Mediterranean Deaths Warrant Crisis Response.[online] available at:

//www.hrw.org/news/2015/04/19/eu-mediterranean-deaths-warrant-crisis-response[accessed on 3 Feb 2016]

61Withnall Adam (2015), Saudi Arabia offers Germany 200 mosques – one for every 100 refugees who arrived last

weekend, The Independent. [online] available at: http://www.independent.co.uk/news/world/europe/saudi-arabia-

offers-germany-200-mosques-one-for-every-100-refugees-who-arrived-last-weekend-10495082.html [accessed on 5

Jan 2016]

62 APF (2015), EU should follow Australia's example and send back migrant boats, says Tony Abbott. The Daily

Telegraph (online) available at:

http://www.telegraph.co.uk/news/worldnews/australiaandthepacific/australia/11551870/EU-should-follow-

Australias-example-and-send-back-migrant-boats-says-Tony-Abbott.html (accessed on 29 Jan 2016)

63 Guardian harris, david E. Sanger, and david M Herszenhorn (2015), Obama Increases Number of Syrian Refugees

for U.S. Resettlement to 10,000",The New York Times.[online] available at:

45

part of an increase in the total number of worldwide refugees taken in by the USA each

year – major refugee groups resettling in the United States are from Iraq, Burma, and

Somalia, Bhutan and the Democratic Republic of the Congo – from 70,000 in 2015 to

85,000 in 2016 and 100,000 in 2017. American billionaire and presidential candidate

Donald Trump said that if elected he would deport all Syrian refugees because they may

be ISIS supporters in disguise.64

5.3 European people’s party

European Commissioner for Migration, Home Affairs and Citizenship, Dimitris Avramopoulos,

said that the European Commission does not care about the political cost of its handling of the

migration crisis, because it's there for five years to do its job with vision, responsibility and

commitment and what drives it "is not to be re-elected, and invited European national leaders to

do likewise and stop worrying about reelection.65

Nicolas Sarkozy, President of the Republicans and former French president, compared EU

migrant plan to mending a burst pipe by spreading water round the house while leaving the leak

untouched.66

http://www.nytimes.com/2015/09/11/world/middleeast/obama-directs-administration-to-accept-10000-syrian-

refugees.html[accessed on 1 Feb 2016]

64 Guardian harris, david E. Sanger, and david M Herszenhorn (2015), Obama Increases Number of Syrian Refugees

for U.S. Resettlement to 10,000", The New York Times.

65Holehouse mattheu (2015), Cost of migration crisis means nothing to us, says top EU official. The Daily

Telegraph,[online] available at: http://www.telegraph.co.uk/news/worldnews/europe/eu/11896827/Cost-of-

migration-crisis-means-nothing-to-us-says-top-EU-official.html [accessed on 10 Feb 2016]

66Samuel Henry (2015), Nicolas Sarkozy compares EU migrant plan to 'fixing a burst water pipe with water. The

Daily Telegraph, [online] available at: http://www.telegraph.co.uk/news/worldnews/nicolas-

46

5.4 Party of European Socialist

Italian Prime Minister and Secretary of the Italian Democratic Party Matteo Renzi said the EU

should forge a single European policy on asylum. France Prime Minister Manuel Valla of the

French Socialist Party stated, there must be close cooperation between the European

Commission and member states as well as candidate members.67

5.5Eurosceptic Parties

According to The Wall Streets Journal, the appeal of Eurosceptic politicians has increased. On

10 September 2015, The Times (UK) reported that French anti-EU politician Marine Le Pen is

on course for presidency68

The leader of the Italian Northern League, Matteo Salvini, often takes a tough stance on crime,

illegal immigration,69

especially from Muslim countries, and terrorism. It supports the promotion

of immigration from non-Muslim countries in order to protect the Christian identity of Italy and

Europe, which, according to party officials, should be based on Judeo-Christian heritage. The

party has been labeled as xenophobic" and "anti-immigrant.70

sarkozy/11686558/Nicolas-Sarkozy-compares-EU-migrant-plan-to-fixing-a-burst-water-pipe-with-water.html

[Accessed on 11 Feb 2016]

67 Euro news.com (2015) French PM Valls urges EU solidarity amid unprecedented migrant crisis.[online] available

at: http://m.euronews.com/en/312599/ [accessed on 1 Jan 2016]

68 Peris B. cerlen (2015) Le Pen on course for presidency as mayors reject migrants, The Times (London).(online)

available at: http://www.thetimes.co.uk/tto/news/world/europe/article4552349.ece [accessed 32 Jan 2016]

69 Pop, Valentina (2011). Barroso warns of extremism in immigration debate. EU Observer.[online] available at:

https://euobserver.com/justice/32181 [accessed on 29 Dec. 2015]

70 Rosenthal, Elisabeth (2008). Italy Arrests Hundreds of Immigrants. New York: The New [online] available at:

https://euobserver.com/justice/32181 [accessed 2 Feb 2016]

47

5.6 Death of Aylan Kurdi

Aylan Kurdi, was a three-year-old Syrian boy of Kurdish ethnic background whose image made

global headlines after he drowned on 2 September 2015 in the Mediterranean Sea, as part of the

Syrian refugee crisis. Photographs of his body were taken by Turkish journalist Nilufer

Demir and quickly spread around the world, prompting international responses.71

5.6.1 Kurid’s Biography

Kurdi is believed to have been born in Kobani, Syria. A Syrian journalist claimed that the family

name was Shenu; 'Kurdi' was used in Turkey because of their ethnic background. After moving

between various cities in northern Syria to escape the civil war and ISIL, his family settled in

Turkey. The family returned to Kobanî at the beginning of 2015, but returned to Turkey in June

2015 when ISIL attacked Kobanî again. Following two failed attempts to take the family to the

Greek island of Kos, Kurdi's father arranged a third attempt.72

5.6.2 Accident and body Recovery

In the early hours of 2 September 2015, Kurdi and his family boarded a small plastic or

rubber inflatable boat, which capsized about five minutes after leaving a at Bodrum in Turkey.

Sixteen people were in the boat, which was designed for a maximum of eight people. They were

trying to reach the Greek island of Kos, about 30 minutes (4 kilometers or2 1⁄2 miles) from

71 Ashley Fantz and Catherine E. Shoichet (2015), Syrian toddler's dad: Everything I was dreaming of is gone,

[online] Available at: http://edition.cnn.com/2015/09/03/europe/migration-crisis-aylan-kurdi-turkey-canada/

[accessed on 7 Jan 2016]

74 bbc news.com (2015)USA and Canada migration, Available at: http://www.bbc.com/news/world-us-canada-

34142695 [accessed on 28 Jan 2016]

48

Bodrum.73

It was later stated on Syrian radio that the Kurdi family paid $5,860 for their four

spaces on the boat, which had twelve passengers on it despite being only about five meters long.

Alan Kurdi's mother joined in the trip even though she had a fear of being on the open sea.74

5.6.3 Reactions to the photos

The photograph of Kurdi's body caused grave international outrage. French President François

Hollande phoned Turkish President Recep Tayyip Erdoğan and some European leaders after the

images of Kurdi emerged in the world media. He said that the picture must be a reminder of the

world's responsibility regarding refugees. British Prime Minister David Cameron said he felt

deeply moved by images of Kurdi75

. Irish Prime Minister Enda Kenny commented on the

photographs of Kurdi and described the refugee crisis as a "human catastrophe" and found his

pictures "absolutely shocking.76

73 Corder mikky (2015), Migrants mass in Turkey to take shortest route to Europe. [online] available at:

http://www.deseretnews.com/article/765679302/Migrants-mass-in-Turkey-to-take-shortest-route-to-

Europe.html?pg=all [accessed on 9 Feb 2016]

74 Thanh Ha, Tu.(2015), Family of drowned boy did not apply for asylum: Ottawa. The Globe and Mail, [online]

available at: http://www.theglobeandmail.com/news/national/family-of-drowned-child-did-not-apply-for-asylum-in-

canada-ottawa/article26213820/[accessed on 25 Jan 2016]

75 Dathan math(2015), Aylan Kurdi: David Cameron says he felt 'deeply moved' by images of dead Syrian boy but

gives no details of plans to take in more refugees, The Independent. [online] available at:

http://www.independent.co.uk/news/uk/politics/aylan-kurdi-david-cameron-says-he-felt-deeply-moved-by-images-

of-dead-syrian-boy-but-gives-no-10484641.html [accessed on 2 Feb 2016]

76 Hand lisa (2015) A young boy... washed up on beach like driftwood' - Taoiseach describes migrant crisis as

'human catastrophe, Irish Independent. [online] available at: http://www.independent.ie/irish-news/a-young-boy-

washed-up-on-beach-like-driftwood-taoiseach-describes-migrant-crisis-as-human-catastrophe-31500065.html

[accessed on 3 Feb 2015]

49

A Turkish police officer carries a migrant child's dead body off the shores in Bodrum, southern Turkey, on Sept. 2 after a boat carrying refugees

sank while reaching the Greek island of Kos. (AFP/Getty Images)

50

Chapter 6

Reasons and consequences of migration crisis

A complicated mix of war, weather and logistical considerations lies behind the extraordinary

influx of refugees and migrants into Europe this summer. Here are some of the reasons that the

biggest migration of people to the continent since World War II is happening now.

6.1 The war in Syria

Syria‟s war has ground on for four years without end in sight. There is no meaningful diplomacy

to end it. At least 250,000 have died. It is no wonder people want to escape. Syrians represent

half of this year‟s unprecedented surge, which is in turn double the number the year before. In

other words, without Syrians, the influx of people seeking sanctuary in Europe would be roughly

where it was last year.77

6.2 The route to Europe got a lot easier

Until recently, the sea crossing from Libya to Italy had been the preferred route for all the

migrants and refugees fleeing to Europe. A far shorter and less dangerous sea route exists from

Turkey to Greece. But the journey from Greece through the Balkans78

to the northern European

destinations preferred by refugees was far more complicated than the one leading through Italy.

77Victoria Metcalfe-Hough,(2015) The migration crisis? Facts, Challenges and possible solutions,

Overseas Development institute (ODI) briefing.

78Jonh henry (2015), One family‟s journey from Aleppo to Austria, Faiola Anthony. The Washington Post.

51

After Macedonia lifted harsh measures aimed at preventing refugees from entering the country in

June, the route through the Balkans opened up. Turkey is next door to Syria, and it is also more

easily accessible for people coming from countries farther to the east, including refugees from

Iraq and Afghanistan and economic migrants from Pakistan and Bangladesh.79

6.3 The price dropped

The crossing to Greece from Turkey takes less than an hour and as little as 20 minutes,

depending on which beach the boat sets out from. Not only does this make the sea crossing

cheaper, but refugees no longer needed to pay smugglers to sneak them through the borders of

the Balkan countries. People planning to make the journey say they now need to pay smugglers

no more than $2,000 to $3,000 to complete the journey instead of the $5,000 to $6,000 required

to reach Libya and take the boat to Italy.That now, means more people – many of whom were

saving for the trip anyway – can afford to take the journey.80

6.4 Germany’s extension of welcome to refugees

Huge numbers were already on the march when German Chancellor Angela Merkel announced

that Germany would offer temporary residency to all the refugees arriving there. But there seems

little doubt that the offer encouraged more people to set out. Iraqis have begun to join the exodus

in bigger numbers, and many of those arriving recently in Turkey to make the trip say they were

encouraged by the TV footage of Germans welcoming refugees. Whether the new border

79 Tylor adam (2015), How Macedonia became the latest front in Europe‟s migrant crisis, the Washington post,

available at: https://www.washingtonpost.com/news/worldviews/wp/2015/08/21/how-macedonia-became-the-latest-

front-in-europes-migrant-crisis/[accessed on 3 Feb 2015]

80 Sly Liz, (2015)For desperate refugees, „the smuggler‟s room is over there, The Washington Post,

52

controls introduced by Germany, Hungary, Austria and Slovakia will deter people who have not

yet set out remains to be seen.81

6.5 The shortcomings of the underfunded international aid effort

Before this massive influx of people to Europe, 4 million Syrians had already fled their country‟s

war to neighboring countries, mostly to Turkey, Jordan and Lebanon. There they are living

miserable lives, denied the right to work, and most of the children are not in school. Many of the

refugees headed for Europe who were already living as refugees cite their children‟s education as

the main reason they are seeking to build new lives.82

6.6 positive and negative consequences

The countries that host refugees experience long term economic, social, and political

consequences, depending on three factors: political economy of the hosting countries; urban-

rural interactions; and the nature of the relationship between host country and the refugees.

6.6.1 Economic Impacts

One of the major impacts that refugees have on the host country is economic impact. It is

frequently thought that refugees are of little economic value and make initial demands upon

arrival on the host government that end up being at the taxpayers‟ expense.83

81 Washingtonpost.org (2015) [online]https://www.washingtonpost.com/world/iraqis-join-an-intensifying-flow-of-

refugees-to-europe-from-turkey/2015/09/06/aee71eaa-54a6-11e5-9f54-1ea23f6e02f3_s (accessed on 23 Jan 2016)

82 Sly Liz, (2015) As tragedies shock Europe, a bigger refugee crisis looms in the Middle East, Liz Sly, The

Washington post,

83 Migration Policy Debates, OECD 8, November 2015

53

6.6.2 Social Impacts

The refugee presence in hosting countries has potential social impacts on the ethnic balance of

hosting areas, social conflict, and delivering of social services. Furthermore there may

be inequalities between refugees and non refugees that give rise to social tensions.84

6.6.3 Political Impacts

The third major effect that refugees have on the host country is political impact. Most of

the studies that are done on refugees show that the political and security impacts of refugees tend

to be negative on the host countries. 85

84 Kabir Dr. Md Ahsan, (2014)International Migration Law, Dhaka , Shams Publications, P. 56

85 Parkes Roderick, European Union and the Geopolitics of Migration, The Swedish Institute of International

Affairs, November 1, 2015

54

Chapter 7

Concluding remarks and Recommendations

7.1 Recommendations

What needs to be done? I have proposed the following:

Find alternative tools for migrants to arrive safely in the EU without risking their lives in

unseaworthy boats and paying their life savings to smugglers. This will require

rethinking the visa requirements and carrier sanctions that ensure safe arrivals. Migrants,

along with their possessions and resources, could then make safe, legal journeys and

arrive anywhere within the EU.

Ensure member states‟ first reception obligations are fulfilled, so that migrants are not

forced to move to a second or third member state to be able to live in dignity while their

asylum applications are processed.

In the longer term, establish an EU Migration, Asylum and Protection Agency (EMAPA)

to take responsibility for ensuring coherent and consistent determination of asylum

claims across the EU.

The EU should lift visa requirements and carrier sanctions, at least for nationals from

major refugee-producing countries, to allow migrants to fly to Europe and seek asylum.

The EU should allow much greater legal movement of asylum-seekers from the southern

Mediterranean to other European countries.

55

The EU and Member States should ensure that asylum-seekers have their applications

processed according to international standards. Europe needs a comprehensive, common

asylum policy with minimum standards of protection.

EU humanitarian and development actors should work with other donors to provide a

massive increase in humanitarian support for countries neighboring Syria and other areas

of conflict.

The EU and Member States should commit renewed diplomatic and political muscle to

solving conflicts and ending persecution. Until these crises are addressed, people will

have to flee from harm.

7.2 Conclusion

The current migration crisis may serve as a political window of opportunity to encourage

member states‟ governments to agree to otherwise politically impossible integration of

immigration-related issues. Only when European leaders see that continued misguided action on

migration could unravel decades of European integration will they have the political will to act

effectively. The current crisis will in the end force Europe to adopt one more mantle of

traditional statehood, namely that of external border control. The proposed union would shift

migration policy and external border control. Europe needs to coordinate its actions in these

fields in order to increase burden sharing and adequately support those in need. The Questions

regarding the stance that European societies take on asylum and the trade-offs which are made

for migration need to be addressed more thoroughly. This includes consideration of what a

prohibition of labor migration means for the economy, the actual impact of migration on welfare;

56

and, ultimately, the impact of migration policy on human rights. The world seeing what

happened in Europe and what might be next in 2016?

Bibliographies

Books

1. Dr. Md. Ahsan Kabir, International Migration Law, Dhaka, Shams Publications

2. Harun ur Rashid, Refugee Law, Dhaka, Anupam Gyan Bhandar

3. Saronarti Ain, Principal Md Altaf Hossen,Dhaka, Muhit Publications

4. Claus J. Bade, Migration in European History, London, Blackwell publishing

Journal and Articles

1. IMO (29/9/2014) released of “Fatal Journeys: Tracking Lives Lost during Migration,”

the world‟s most comprehensive tally to date of migrant fatalities across land and sea.

2. Forced Migration Review, Issue 45, February 2014.

3. Bauder, Harald. Labor Movement: How Migration Regulates Labor Markets, New York:

Oxford University Press, 2006.

4. Council on Foreign Relation Affairs, Park Jeanne, 23 Sep 2015

5. Parkes Roderick, European Union and the Geopolitics of Migration, The Swedish

Institute of International Affairs, November 1, 2015

6. Migration Policy Debates, OECD , Issue 7, 8, November 2015

7. The migration crisis? Facts, Challenges and possible solutions,

8. Victoria Metcalfe-Hough, Overseas Development institute (ODI)briefing, October 2015

9. UNHCR, Global Trends –Forced Displacement in 2014UNHCR. 18 June 2015.

57

10. EU: Mediterranean Deaths Warrant Crisis Response. Human Rights Watch, 19 April

2015.

11. European Commission – PRESS RELEASES – Press release – Joint Foreign and Home

Affairs Council: Ten point action plan on migration" Retrieved 21 April 2015, available

at, http://europa.eu/rapid/press-release_IP-15-4813_en.htm

News

1. As tragedies shock Europe, a bigger refugee crisis looms in the Middle East, Liz Sly, The

Washington post, 29 august 2015

2. For desperate refugees, „the smuggler‟s room is over there‟ Liz Sly, The Washington

Post, 11 September 2015

3. How Macedonia became the latest front in Europe‟s migrant crisis, the Washington post,

available at, https://www.washingtonpost.com/news/worldviews/wp/2015/08/21/how-

macedonia-became-the-latest-front-in-europes-migrant-crisis/

4. One family‟s journey from Aleppo to Austria, Faiola Anthony, The Washington Post, 26

June 2015

5. Aylan Kurdi: David Cameron says he felt 'deeply moved' by images of dead Syrian boy

but gives no details of plans to take in more refugees", The Independent. 3 September

2015.

6. A young boy, washed up on beach like driftwood' - Taoiseach describes migrant crisis as

'human catastrophe'" Irish Independent. 3 September 2015.

7. Europe migrant crisis: Germany 'will cope with surge'". BBC News. 19 August 2015.

Available at, http://www.bbc.com/news/world-europe-33992563

58

8. "Syrian toddler's dad: 'Everything I was dreaming of is gone'". CNN, 3 September 2015,

Available at, http://edition.cnn.com/2015/09/03/europe/migration-crisis-aylan-kurdi-

turkey-canada/

9. Rosenthal, Elisabeth (15 May 2008). "Italy Arrests Hundreds of Immigrants". New York:

The New York Times.

10. 8 reasons Europe‟s refugee crisis is happening now", The Washington Post. 18

September2015,Availableat,

https://www.washingtonpost.com/news/worldviews/wp/2015/09/18/8-reasons-why-

europes-refugee-crisis-is-happening-now/

11. Refugee crisis: apart from Syrians, who is travelling to Europe?". The Guardian. 10

September 2015.available at, http://www.theguardian.com/world/2015/sep/10/refugee-

crisis-apart-from-syrians-who-else-is-travelling-to-europe

12. Migrant 'chaos' on Greek islands – UN refugee agency". BBC News. 7 August 2015

13. Suzanne Daley (9 December 2015). "Thousands of Migrants Stranded in Greece as Route

North Is Narrowed", The New York Times.

14. Sarah Almukhtar, Josh Keller, and Derek Watkins (16 October 2015). "Closing the Back

Door to Europe, The New York Times.

Websites

1. https://en.wikipedia.org/wiki/European_migrant_crisis

2. http://www.unesco.org/new/en/social-and-human-sciences/themes/international-

migration/glossary/migrant/

3. http://frontex.europa.eu/assets/Publications/Risk_Analysis/Annual_Risk_Analysis_2015.

pdf#page=59

59

4. https://www.washingtonpost.com/world/iraqis-join-an-intensifying-flow-of-refugees-to-

europe-from-turkey/2015/09/06/aee71eaa-54a6-11e5-9f54-1ea23f6e02f3_s

5. https://en.wikipedia.org/wiki/History_of_human_migration

6. "The sea route to Europe: The Mediterranean passage in the age of refugees". UNHCR.

See, http://www.unhcr.org/5592bd059.html#11

7. http://frontex.europa.eu/trends-and-routes/migratory-routes-map/

8. http://www.bbc.com/news/world-us-canada-34142695

9. https://en.wikipedia.org/wiki/European_migrant_crisis#cite_note-

Miles_One_Million_2015-64

10. http://news.yahoo.com/slovenias-fence-croatia-border-threatening-wildlife-wwf-

203307042.html

11. http://www.nytimes.com/2015/09/13/world/europe/eastern-europe-migrant-refugee-

crisis.html?hp&action=click&pgtype=Homepage&module=first-column-

region&region=top-news&WT.nav=top-news&_r=0

Articles and Documents

1. Article 1.1 (a) of the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families, 1990

2. Article 16, of the 1969 Vienna Convention on the Law of Treaties

3. Article 26 of the International Convention on Civil, Political Rights(ICCPR)

4. Article 2(1) of the International Convention on Economic, Social and Cultural

Rights (ICESCR)

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5. Convention on the Rights of the Child (CRC), art, 8, 20 November 1989, UN

Doc, A/RES/44/25/(1989),28 I.L.M. 1457(1989)

6. Regulation (EU) No 604/ 2013 of the European Parliament and of the Council,

June 26, 2013

7. Human Rights Committee, General Comment No. 27, CCPR/c/21/Rev.1/ Add.9,

para, 20 (1999)(nothing that Article 12(4)of the ICCPR uses the phrase his own

country”, rather than the phrase” country of his nationality)

Author

DURJOY BARUA

LL.B (Hon‟s) University of Information Technology and Sciences (UITS)

Master of Law (LL.M) Premier University Chittagong