The EU Pact on Migration and Asylum in light of the United Nations Global Compact on Refugees International Experiences on Containment and Mobility and their Impacts on Trust and Rights Editors Sergio Carrera and Andrew Geddes © European University Institute, 2021 Editorial matter and selection © Sergio Carrera and Andrew Geddes, 2021 Chapters © authors individually 2021. This text may be downloaded only for personal research purposes. Any additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the Robert Schuman Centre for Advanced Studies. If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the year and the publisher. Views expressed in this publication reflect the opinion of individual authors and not those of the European University Institute. Published by European University Institute (EUI) Via dei Roccettini 9, I-50014 San Domenico di Fiesole (FI) Italy ISBN:978-92-9084-999-5 doi:10.2870/541854 This Book falls within the scope of the ASILE Project. ASILE stud- ies the interactions between emerging international protection systems and the United Nations Global Compact for Refugees (UN GCR), with particular focus on the EU’s role. It examines the characteristics of international and country-specific asylum governance instruments and arrangements, and their compatibility with international and regional human rights and refugee laws. For more information about the project see: www.asileproject.eu The ASILE project has received funding from the European Union’s Hori- zon 2020 research and innovation programme under grant agreement nº 870787. The EU Pact on Migration and Asylum in light of the United Nations Global Compact on Refugees International Experiences on Containment and Mobility and their Impacts on Trust and Rights Editors Sergio Carrera and Andrew Geddes Contents PREFACE i 1. Whose Pact? The Cognitive Dimensions of the EU Pact on Migration and Asylum Sergio Carrera 1 2. The Pact and Refugee Resettlement: Lessons From Australia and Canada Adèle Garnier 25 3. The New Pact 0n Migration and Asylum and The Global Compact on Refugees and Solutions Geoff Gilbert 37 4. The Impact of the New EU Pact on Europe’s External Borders: The Case of Greece Eleni Karageorgiou 47 5. ‘I Wish There Was a Treaty We Could Sign’ Thomas Spijkerboer 61 6. Community Sponsorship, The Pact and The Compact: Towards Protection Principles Nikolas Feith Tan 71 7. Internal Solidarity, External Migration Management: The EU Pact and Migration Policy Towards Jordan Lewis Turner 81 8. The Spanish Borders on The Cusp of The New European Pact on Migration And Asylum Iker Barbero and Ana López-Sala 91 9. Migration Management: The Antithesis of Refugee Protection – The Case of South Africa Fatima Khan and Nandi Rayner 101 10. A Short Sighted and One Side Deal: Why The EU-Turkey Statement Should Never Serve As a Blueprint Meltem Ineli-Ciger and Orçun Ulusoy 111 11. The Global Compact on Refugees and the EU’s New Pact on Migration And Asylum: The Ripples of Responsibility-Sharing Evan Easton-Calabria 125 12. South American De Jure and De Facto Refugee Protection: Lessons From The South Leiza Brumat and Luisa Feline Freier 134 13. Building Resilience in Strained Refugee-Hosting States? The EU in The Face of Lebanon’s Cumulative Crises Tamirace Fakhoury 144 14. South America and The Cartagena Regime: A Comprehensive Approach to Forced Migration Responses Gilberto M. A. Rodrigues 157 15. Admissibility, Border Procedures and Safe Country Notions Jens Vedsted-Hansen 170 16. Setting The Right Priorities: Is the New Pact on Migration and Asylum Addressing The Issue of Pushbacks at EU External Borders? Marco Stefan and Roberto Cortinovis 180 17. The EU Pact on Migration and Asylum and the Dangerous Multiplication of ‘Anomalous Zones’ For Migration Management Giuseppe Campesi 195 18. The New EU Pact on Migration and Asylum and the Rohingya Refugee Situation M Sanjeeb Hossain 205 19. The New Pact’s Focus on Migrant Returns Threatens Africa-EU Partnership Tsion Tadesse Abebe and Aimée-Noël Mbiyozo 219 20. Trends In Brazil’s Practices of Refugee Protection: Promising Inspirations For the EU? Liliana Lyra Jubilut and João Carlos Jarochinski Silva 230 21. Redistributing EU ‘Burdens’: The Tunisian Perspective on The New Pact on Migration and Asylum Betty Rouland 240 22. Fresh Start Or False Start? The New Pact on Migration and Asylum Petra Bendel 251 23. EU External Migration Management Policies in West Africa: How Migration Policies and Practices in Nigeria Are Changing Amanda Bisong 262 24. Containment Development and Africa’s Time-Space Trap Loren B Landau and Iriann Freemantle 274 25. The New Pact on Migration and Asylum and African-European Migration Diplomacy Andrew Geddes and Mehari Taddele Maru 282 26. When Principles Are Compromised: EU Return Sponsorship in Light of the Un Global Compacts Lina Vosyliūtė 291 AUTHORS LIST 314 h i PREFACE In September 2020, the European Commission published what it described as a New Pact on Migration and Asylum (emphasis added) that lays down a multi-annual policy agenda on issues that have been central to debate about the future of European integration. This book critically examines the new Pact as part of a Forum organized by the Horizon 2020 project ASILE – Global Asylum Governance and the EU’s Role. ASILE studies interactions between emerging international protec- tion systems and the United Nations Global Compact for Refugees (UN GCR), with particular focus on the European Union’s role and the UN GCR’s implementation dynamics. It brings together a new international network of scholars from 13 institutions examining the characteristics of international and country specific asylum governance instruments and arrangements applicable to people seeking international protection. It studies the compatibility of these governance instruments’ with interna- tional protection and human rights, and the UN GCR’s call for global solidarity and responsibility sharing. ASILE facilitates groundbreaking insights into the role and impacts of legal and policy responses – instruments – on refugee protection and sharing of responsibility from the perspective of their effectiveness, fairness and consistency with refugee protection and human rights. It does so through an examination and mapping of UN GCR actors – and their legal responsibilities and accountability – that have varying roles in the design and implementation of mobility and containment instruments applied to people in search of international protection across various world regions. The project studies the impacts of vulnerability and status recognition assessments – which often find expression in these same instruments and actors – on individuals’ rights and refugees’ agency. ASILE also aims at identifying lessons learned and ‘promising practices’ on refugee protection. ii Preface The Chapters that follow assess the new components and policy pri- orities laid down in the EU Pact on Migration and Asylum from different multidisciplinary perspectives and world regions experiences. They explore the rights and international protection implications, enshrined both in the foundations of the UN GCR and the EU Treaties as well as policy and governance arrangements both domestically and interna- tionally. They address the implications of these policy and governance approaches for the geopolitics of international law, paying attention to the relations that the Pact seeks to promote between states and other relevant international and regional actors, and also how its proposed policy roadmap can be expected to transform or reconfigure these relations. In light of the ASILE project objectives, the Chapters pay particular attention to the scope of the mobility and containment components of asylum governance instruments and their implementing actors in Europe and other world regions, as well as their inclusionary or exclusionary effects on individuals’ rights and international protection. We would like first to express our gratitude to all the contributors of this volume for their most insightful Chapters and their excellent cooper- ation during the implementation of the Forum and the production of this Book. Special thanks go to Professors Gregor Noll, Jens Vedsted-Hansen and Thomas Spijkerboer for their key roles in the original idea, design and launch of the first ASILE Forum on the EU Pact on Migration and Asylum, as well as their most helpful comments and invaluable advice during the drafting of the kick-off Essay included in Chapter 1 of the Book. We are very grateful for all the substantial contributions and inputs by Heidi Betts, who has played a key role in the professional editing of all the Chapters and the Forum, and by Miriam Mir (Project Manager at CEPS), who played an equally central role in the daily running and successful completion of the first ASILE Forum. Finally, we would like to thank Andrew Fallone for his great assistance and inputs in completing the editing and formatting of the Book. 1 1. Whose Pact? The Cognitive Dimensions of the EU Pact on Migration and Asylum Sergio Carrera 1.1 Introduction This Chapter examines the EU Pact on Migration and Asylum (herein- after the Pact), published on 23 September 2020 (European Commis- sion, 2020a), as conditioned by the United Nations Global Compact on Refugees (UN GCR) and the EU Treaties. It is the kick-off contribution opening the first Forum organised in the scope of the H2020 Project ASILE (Global Asylum Governance and the EU’s Role). The analysis pays attention to the cognitive dimensions of the Pact, and how they affect trust and legitimation of EU migration and asylum policies. By ‘cognitive dimensions’ this Chapter means the ensemble of cognitive work that needs to be done to put into effect the core priority underlying the Pact. This comprises “establishing status swiftly on arrival” at Schengen external borders and categorising individuals either as “non-returnable refugees and other beneficiaries of international protection”, or as “expel- lable irregular immigrants”. Accordingly, individuals would be either immediately refused entry or transferred to asylum or return procedures.