An investigation into negotiations on the EU Pact on Asylum and Migration has revealed how democracy and human rights – particularly those of children – were "sidelined" throughout negotiations, just as the agreement is presented to the European Parliament.
An investigation led by Investigate Europe revealed a concerted effort by France, the Netherlands, Denmark, Malta and the Czech Republic to remove children's exemption from detention, to introduce biometric scans on children aged over six (and use coercion where necessary), to prevent siblings from joining each other across Member States, and to return unaccompanied minors to their country of origin.
Minutes from the negotiations show that hardline views were justified on the basis that a lighter approach to minors would undermine European security.
"Exempting unaccompanied minors from border procedures represents a major risk for the protection of our borders," France argued in May. Before that, Malta said excluding minors from the border procedure was "impracticable due to the susceptibility to abuse (claiming to be a minor) and is therefore viewed with great scepticism."
Throughout negotiations, attempts by other Member States to preserve the human rights of children were repeatedly disregarded. A German representative said that detaining minors was "not acceptable", while a Luxembourg official said it was "out of the question".
Nevertheless, hardline stances prevailed in the final agreement between EU leaders in December. The Pact will be presented to the Civil Liberties Committee (LIBE) tomorrow and MEPs will vote on its contents in March or April.
Moving too fast
Human rights organisations have denounced the bill currently on the table as a "dystopian" policy that is "ill-functioning, costly and cruel". Elections in June and the looming threat of a European Parliament dominated by the far-right have pushed institutions to reach a deal as quickly as possible.
Critics have described this determination to appear effective as a scramble to deliver, often to the detriment of human rights. "The politicians behind the EU Migration Pact have driven a wrecking ball into Europe’s democratic processes in order to rush through measures that undermine the EU's foundations," stated Amanda Licnerski, a Policy Analyst at the Border Violence Monitoring Network.
LIBE Committee. Credit: European Parliament
"In their bid to undermine human rights, Europe’s leaders bypassed Parliament while pushing through poorly-understood measures in a series of chaotic all-nighters before Christmas."
Investigate Europe's revelations verify these concerns somewhat. Speaking to reporters, Green MEP Damien Carême referred to the negotiations as a "disaster".
"There's total opacity, we were summoned at 23:40 to negotiate, it was postponed to 01:30, 03:30, then at 06:30 we were handed the text on the table, without having a say in the matter."
Unpacking the Pact
Several crucial amendments to the existing EU migration policy include stricter screening regulations, accelerated asylum application procedures, the introduction of 'crisis' periods during which rules can be overridden, and a replacement of the Dublin Regulation wherein Member States can pay €20,000 for every person they refuse to take into a 'solidarity fund'.
On the eve of the Pact's presentation to LIBE, 81 organisations issued a final appeal to MEPs to vote down a Pact that "sidelined" Parliament throughout negotiations.
"The LIBE committee vote tomorrow is one of the last opportunities for MEPs to refocus on the EU values of human dignity, solidarity and liberty and vote against this pact," said Alberto Ares, Regional Director of JRS Europe.
