Gambia – Migration to Europe: policies you need to know
Gambia – Migration to Europe: policies you need to know
From afar, it may be difficult to understand what the policies toward migration in European countries actually are. Has your Schengen visa been rejected? Are you considering travelling from The Gambia to Europe by any means? Here you will learn about the key policies any migrant should be aware of, especially before or when taking the backway to Europe. Read the information below carefully, it may help you make a decision or help others around you.
The difference between refugees, asylum seekers and irregular migrants
When it comes to migration, one should be aware of the exact meaning of specific terms. Legally, there is a big difference between an asylum seeker and an irregular migrant for instance. Understanding the following 5 terms will help you better understand migration policies in transit and destination countries.
A migrant is anyone who has left his/her country of origin, whether to claim asylum, to join family members and friends or to improve their socio-economic conditions.
An irregular migrant is a person who has entered a country irregularly. This means that he/she does not have the correct travel documents or a valid visa, and therefore lacks legal status to stay in a transit or host country. He/She may then be forced to return home or to third country.
Asylum seeker is the status of a person who has fled from persecution or serious harm in their country and is applying for international protection and refugee status in another country. The Refugee Convention states that asylum seekers must be given access to fair and efficient asylum procedures and measures to ensure they live safely while their claims are processed, although they arrived in a country irregularly.
If an asylum application is successful, a person becomes a refugee. Otherwise, rejected asylum seekers must leave the country and may be expelled in the same way as any other irregular migrant.
A refugee is a person whose asylum application has been accepted. A refugee is allowed to stay for a certain amount of time in the country that granted him/her asylum, because they have proved that they would face persecution back home.
An economic migrant is a person who voluntarily migrates to another country to improve their quality of life. If an economic migrant arrives in a country irregularly and without a valid work visa, they may be arrested and sent home.
Voluntary vs. forced return
When a migrant goes back home, it may be a voluntary or a forced return. In any case, the migrant may then be called a returnee.
Voluntary return means the assisted return or independent return to the country of origin, transit or another third country based on the free will of the returnee.
On the other hand, forced return is the compulsory return of a person to his/her country of origin, to a transit country or to a third country on the basis of an administrative or judicial act. Deportation and removals are forms of forced return.
About policies towards irregular migration in Europe
Governments control who enters and leaves their country, in order to safeguard public services and protect citizens from terrorists and criminals. Security forces may arrest Gambians and other persons who arrived in the country irregularly and force them to leave. Only migrants who have a visa or are granted refugee status may stay.
Since the change of government in The Gambia, European administration and security forces believe that fewer people are subject to persecution and danger. This means that most Gambians will not be granted refugee status. Claiming one was forced to flee when one was not, only makes it worse for actual refugees. Hence one may not apply for asylum when travelling irregularly for economic reasons. Asylum applications follow strict rules and all information is carefully verified.
The opinion towards irregular migrants in Europe is divided. Some resent them as they feel that they are being disrespectful to their national laws. Others are sympathetic to migrants genuinely fleeing from war, persecution and difficult life conditions. While governments may try to find a way to please both groups.
The EU supports transit countries in changing migration policies
Many countries are making it more difficult for irregular migrants to enter, pass through and settle in Europe. We are listing here just a few examples of how countries are making the backway to Europe more difficult.
Since 2017 UN Migration has been working with the security forces in Burkina Faso to strengthen security along the border with Niger. It has trained and provided resources to the border police. It has also helped them improve data collation so that border security can track information on migration and smuggling activities and link up with the international police force data systems at INTERPOL. This means more border and police controls.
Niger passed anti-smuggling laws in 2017. The European Union (EU) is training Nigerien security forces to support the country’s efforts in actively fighting smuggling. In 2016 alone, Niger arrested 300 smugglers and confiscated 170 trucks used to transport migrants. As a result, smugglers have increased prices. In Agadez, the migrant transit town, many irregular migrants are running out of money and have to hide to avoid being arrested.
The EU is providing training to the Libyan coastguard to enable the country to better intercept migrants that set off from the coast with the help of people smugglers. Migrants intercepted in Libyan waters are sent back to Libya. Libya has also banned NGO rescue operations from entering a stretch of water off its coast. The NGO Doctors Without Borders decided to suspend migrant rescue operations off the coast of Libya because of threats from the coastguard. Crossing the Mediterranean Sea is thus becoming riskier.
Migration policy changes in European countries
In Europe many countries are passing laws to make it easier to detain and deport migrants.
In May 2018, Italy’s government changed and is now made up of many right-wing ministers from a populist party called the Five Star Movement that have a strong anti-immigration stance. Their election campaign was built around promises to deport 500,000 illegal immigrants. In June 2018, the Minister of Interior told migrants ‘to get ready to pack their bags’. In recent months, Italy has refused to let some migrant boats land on its shores leaving hundreds of migrants stranded out at sea trying to find a place to dock.
In July 2018, the German government agreed on tougher controls on immigration after mounting pressure from within government and the public. Migrant transit processing centres will be replaced by a system in which the police deal directly with transit processes.
In April 2018, France passed a new, much stricter immigration bill which doubles the amount of time that illegal immigrants can be detained. It also introduced a one-year prison sentence for anyone who enters France illegally.
Austria, who elected a government with a stronger anti-immigration stance at the end of 2017, took up EU Presidency in July 2018. The Austrian government has stated that it wants to use its presidency to push for a tougher EU response to irregular migration. The new government also announced plans to cut the number of asylum seekers it accepts, the support they receive and to permit the confiscation of irregular migrants’ belongings such as mobile phones.
Hungary passed a bill to allow the automatic detention of irregular migrants and employed more border security officers. In June 2018, the parliament of Hungary passed laws criminalising individuals or groups helping irregular migrants seeking asylum.
In 2017, Poland and Slovenia, announced measures that would close their borders to asylum seekers.
The Danish government has passed a law that allows police to seize irregular migrants assets when they enter the country.
The United Kingdom (UK) is leaving the EU. Migration was part of the debate leading to Brexit. Border security is likely to become stricter in the UK.
The Netherlands have intensified border security to prevent irregular migrants from going to the UK via their ports.
In March 2016 the EU signed an agreement with Turkey to stop irregular migrants entering Europe. It was agreed that any irregular migrant entering the EU through Turkey would be returned to Turkey.
In June 2018, European Union (EU) leaders reached an agreement to tackle migration via a new unified approach. They agreed to setting up controlled centres across Europe to accelerate the asylum process.
Conclusion
All people who leave their home country to live abroad are migrants. Among them, refugees have a special status granting them protection from individual persecution and threats back home. Economic migrants are those who left their country to improve their material life. If they enter third countries irregularly, they may be forced to return home.
For Gambian irregular migrants, migration to Europe is likely to become increasingly difficult, as many European countries are changing their policies to prevent people from reaching and staying in their country without a visa.
There are legal options for Gambians you may not know about, find out by reading: Irregular migration: X alternatives for Gambians.
Share this information to help others better understand migration issues in Europe.