In October 2019, the first multiannual framework kicking off the development of the Common European Asylum System, the Tampere Programme, celebrates its 20th anniversary. Since then, three further multiannual programmes followed: the Hague Programme, the Stockholm Programme and the European Agenda on Migration. Each of the programmes emerged from very specific situations – either dominated by the accession of new Member States to the EU or by an increased inflow of applicants for international protection. During all these years, the vision of Tampere remained untouched; but is it still shared and backed by all of today’s EU Member States? This article is an extract of a chapter taken from the working paper “Harmonising asylum systems in Europe – a means or an end per se?” published in the framework of the EU Horizon 2020 funded research project, CEASEVAL and is accessible at its webpage.

The EU is strongly divided over the question of how to address international protection within the EU. The high numbers of mixed flows arriving at the borders of the EU in 2015/2016, transiting through several EU Member States (MS) and eventually seeking refuge in a handful of destination countries showed how vulnerable the EU's migration and asylum system is.

References to skills of refugees with the aim of creating pathways for protection can be found in the context of the Global Compact on Refugees. But they were (at least initially) also intended to lead to a more purposeful relocation of asylum seekers from Italy or Greece to other EU MS under the EU relocation programme which ran from September 2016 until September 2018. Recently, several publications additionally addressed the question of refugee protection and a possible connection with labour market considerations.

In terms of global protracted displacement, it is major refugee-hosting countries within the region of conflict who shoulder the majority of the responsibility for responding to the needs of refugees. Such countries have development challenges of their own, and the international community should support them in maximising the potential benefits and mitigating the challenges associated with hosting refugees.

State cooperation on migration and mobility has intensified significantly in the last decade, not least at the regional level where it can take the shape of fully-fledged formal mobility frameworks, such as free movement within the European Union, or economic cooperation frameworks that only facilitate specific aspects of mobility, or informal migration dialogues, such as Rabat Process or Budapest Process.

The approach of states to managing immigration and asylum relies to a significant extent on the assignment of categories to people entering from abroad. Yet many adults and children travelling along migration routes do not fit neatly into just one of these categories. A new ICMPD Working Paper examines the challenges, and some possible ways forward, in dealing with the nexus between asylum, migrant smuggling and human trafficking in mixed migration contexts.

Only a few weeks left until the European Council’s imposed deadline for finding an agreement on the third generation of the CEAS will be due. At the centre of discussions, once more, is the Dublin proposal.

On 29 January 2018 the AU adopted the Protocol to the Treaty Establishing the African Economic Community Relating to Free Movement of Persons, Right of Residence and Establishment, and its Implementation Roadmap. The movement of people for work and trade is central to the AU’s mission of economic integration, which it views as a key pathway to development. The drive for the continental free movement of persons originates from the Organisation for African Unity Lagos Plan of Action for the Economic Development of Africa, 1980-2000, and is perpetuated by leading AU development instruments, including the Abuja Treaty, Agenda 2063, and the Continental Free Trade Area Agreement.

Trafficking in human beings (THB) is a complex issue. At the heart of trafficking is the exploitation of one human being against their will by another, yet a large number of legal and social issues are linked with this process. As a result, trafficking can simultaneously be considered an organised crime challenge, a human rights violation, an issue linked with migration, labour market dynamics, gender or economic development. Each of these perspectives applies a different “narrative” to explain what human trafficking is and why it occurs. These different narratives sometimes present challenges for media professionals and journalists reporting on THB, and can lead to inaccurate or damaging representations of trafficking in the media.

Just recently, discussions on the future of the Dublin Regulation have come to a halt. The Bulgarian presidency reacted by installing an expert group to elaborate a zero draft on the future of the Dublin system. To recall, the Dublin Regulation is one of the core instruments of what is altogether referred to as the “Common European Asylum System (CEAS)”. All key CEAS instruments (the Asylum Procedures Directive, the Qualification Directive, the Reception Conditions Directive as well as the Regulation on the European Asylum Support Office (EASO)), are under discussion again along with the Dublin Regulation. The new legal framework shall find an agreement by the end of the Bulgarian presidency in June 2018.

On 14 November 2017, UN Member States, intergovernmental organisations, representatives of civil society organisations and the private sector are coming together in Geneva for the fourth thematic discussion on the Global Compact on Refugees focusing on “measures to be taken in pursuit of solutions”.

18 October 2017 is the 11th EU Anti-Trafficking Day. At ICMPD, we take this opportunity to analyse the linkages between migration, asylum and human trafficking, to stress the importance of the distinctions between human trafficking and migrant smuggling, and to address the vulnerabilities of migrants and refugees to trafficking.

On 12-13 October 2017, the global migration compact process continues in Geneva with the sixth informal thematic session on irregular migration and regular pathways, including decent work, labour mobility, and recognition of skills and qualifications. UN Member States, intergovernmental organisations, non-governmental and civil society actors will gather to collect input and recommendations on these topics to inform the development of the global compact on migration.

The United Nations and its Member States have committed to adopting a major agreement on international migration in 2018, the Global Compact for Migration. The worldwide consultation process to determine what this agreement should actually entail continues in Vienna this week with a thematic session on smuggling of migrants, trafficking in persons and contemporary forms of slavery, including appropriate identification, protection and assistance to migrants and trafficking victims. UN Member States, NGOs, the private sector and intergovernmental organisations, including ICMPD, will gather to give their input and recommendations, feeding into the drawing up of the Global Compact itself.

In this article we examine smuggling through the prism of protection, highlighting how counter-smuggling operations can better take into account human rights considerations into their approaches.