“Managing
Migrants’ Mobility in Central and Eastern Europe”
– A Policy Analysis of
International Organization for Migration’s Practices
Background:
The Schengen
Agreements abolished internal borders between Schengen member states
and
allowed for the free circulation of goods, capital, services and its
citizens.
Simultaneously, the Agreements reinforced European Union’s (EU)
external
borders and set out to harmonize its immigration and asylum policies. Policies and practices of the EU
on matters
of migration created, in Balibar’s terms, a ‘double regime
of the circulation
of people’, i.e. a regime that facilitates and encourages the
(labour) mobility
of the EU citizens while simultaneously restricting the mobility of
‘Third
Country’ nationals. Moreover, the recent process of EU
enlargement and
especially the strict application required from the Candidate states of
the
Schengen acquis in the matters of border control and visa
regimes,
transformed this double regime into ‘multiple regimes’ of
differentiated mobility
among the EU, the Candidate and the non-Candidate states.
This
new
migration regime requires the EU Candidate states to apply
Schengen-type border
and visa regulations towards the non-Candidates. Hence, the Czech
Republic
included Ukraine, Russia and Belarus in their proposal for new visa
policies.
Other measures, such as the ‘Safe Third Country’ rule,
further restrict
migrants’ mobility. For example, Safe Third Countries such as
Poland introduced
EU-like asylum regulations that enable Polish authorities to deport
undocumented migrants from Polish territory to the detention camps in
Ukraine
and Belarus. Additionally, Candidate states are also expected to sign
re-admission agreements, amend their Aliens’ Law and the
strengthen (or
introduce) laws against human trafficking.
These
operations
shift the responsibility for border protection and interception of
undocumented
migration from the EU to EU Candidates, and turn the latter into a kind
of
‘buffer zone’ or into the EU’s new migration
‘gatekeepers’. Critical scholars
and policy makers have pointed out that the above listed practices
seriously
endanger the stability of geo-political relations in Eastern Europe,
and might
yield detrimental results to the EU as a whole since the strict
application of the
Schengen border and visa regimes not only undermines the freedom of
movement of
persons between CEE and fSU achieved in the post-1989 period, but also
creates
new power-hierarchies within the region.
Project’s
Objective:
While it is
certainly true that the EU
policies have a
crucial say on the matter of migration, the recent years have seen an
ever
stronger presence and impact in
the region
of an intergovernmental agency, namely International Organization for
Migration
(IOM). This research project scrutinizes the legitimacy and objectives
of IOM
in the ‘management’ of migratory movements in(to) Europe.
So
far, scholars
have started researching the impact of EU policies on individual
Candidate
states as well as on the region as a whole; however no one has yet
reflected on
the position IOM occupies and the
role it
plays in regulating migratory movements. Nevertheless, to say that IOM
did not
yet come under scholarly scrutiny means underestimating the work done
until now
by various NGO’s and groups concerned with migrants’
rights. Groups as various
as British Refugee Council (England), Agista, Noborder (Germany), de
Fabel van
de illegaal (The
Netherlands), and La Strada
(Poland) have initiated a debate about IOM, and argued that IOM pursues
a
control approach instead of rights-based approach to migration. The most comprehensive
criticism of IOM activities so
far has come from Amnesty International and Human Rights Watch. They
have
documented the involvement of various IOM field missions in activities
that
violate the basic rights of migrants such as managing arbitrary
detention
programmes
and impinging on migrants’ right to seek asylum. My current Ph.D.
research on
‘trafficking’ in women has brought to the fore a number of
other similar IOM
activities, especially relevant for the region: intercepting of
‘irregular’
migrants,
discouraging of ‘irregular’ migration,
encouraging of (premature) ‘voluntary’ returns,
and implementing EU border-regimes.
The IOM’s
self-stated objectives are “to help migrants with all their needs
and to assist
governments in managing migration for the good of all”.
With regard to the geo-political stability of the region, the research
project
questions the content and implementations of these objectives,
specifically its
relationship to EU’s policies of immigration control. In order to
do so, this
project aims at producing a comprehensive and detailed picture of
Programmes
IOM is running across the region. The project will not focus on IOM
activities
that concern the health of migrants or war compensations, but will
center
exclusively on those Programmes that impact migrants’ mobility
whether in
curbing ‘irregular’ migration by discouraging it (e.g.
counter-trafficking
campaigns), channeling it into state sanctioned forms of
‘legal’ migration
(e.g. interception, deportation), or ‘containing’ it (e.g.
arbitrary detention,
border-regimes). The produced
map will be
intersected with the EU admission requirements and their effects on
Candidates
and non-Candidates in the matter of migration. The aim of this
comparison is to
test the hypothesis whether IOM’s activities can be interpreted
as sustaining
and implementing Schengen’s migration- and border-regimes in CEE.
Expected
Impact:
The project
aims at
offering immediate and
country-specific tools
and introducing a debate about IOM’s practices in the region
centering on
matters of human rights compliance as well as transparency and
accountability
of IOM’s projects in general. The target groups for the debate
are twofold:
one, the local and international civil society organizations promoting
migrants’ rights; and two, IOM’s national field offices,
its headquarters,
UNHCR and CEE Governments. In case my research proves that IOM is
indeed
impinging on a number of migrants’ rights, the policy implication
would be that
IOM ends its border control approach and adopt instead a right-based
one which
puts the well-being of migrants at the center of its interventions.
Project Plan:
The data
will be
collected initially through reports, articles, and websites on IOM or
run by
IOM itself. Subsequently, I will visit the IOM headquarters in Geneva
and
undertake there a fieldwork of four weeks. During that period, I will
carry out
extensive interviews with IOM officials responsible for the region.
While in
Geneva, I also intend to undertake a research on IOM itself, namely its
history, organizational structure, finances and decisional procedures.
These
aspects are fundamental in better understanding the status of IOM and
its
relationship to the EU as well as to individual States in the region.
While
these data will help me to understand IOM’s position and
obligations towards
the EU, they will be crucial in developing recommendations compatible
with
national immigration policies in
various CEE
States.
Once
I have
collected the initial data and completed the fieldwork in Geneva, I
intend to
establish contacts with a number of national IOM offices in the region.
In
order to understand better how various Programmes are decided upon,
financed
and carried out, I will undertake a selected number of short research
trips
(one week long) to the locations of differential types of IOM projects.
Finally,
this
project will result in one research and two policy papers: a research
paper and
one policy paper will target civil society organizations protecting
migrants’
rights, and the second policy paper will address UNHCR, the Governing
Council
of the IOM, and CEE Governments.
Project’s
added value:
Even though the
realization of this proposal is designed to be achieved within one
year, the
project is also future oriented. It aims at laying the ground for a new
research project developing an analytical framework to understand fully
the
scope of IOM’s work. If IOM plays a crucial role in the
‘management’ of borders,
an operation that pertains traditionally to the nation-state, it is
important
to investigate whether IOM could be seen as one of ‘new global
power actors’
which has emerged out of the modification of the global economy, and is
playing
a crucial role in processes of its transformation through the
systematic
management of migratory movements, as Human
Rights Watch and Amnesty International’s
concerns underline. How
to achieve effective rights-based policy interventions in this changed
political landscape will depend on development of appropriate
frameworks able
to adequately grasp the current transformations of sovereign power in
Europe.