Much of the EU’s approach to undocumented migration has focused on the role of smugglers. Federico Alagna argues that the narrative around migrant smuggling often obscures the real purpose of existing policies, as well as the reality of how undocumented migration actually functions

Alagna, Federico

English

LSE Research Online

The	EU	and	the	myth	of	migrant	smugglingMuch	of	the	EU’s	approach	to	undocumented	migration	has	focused	on	the	role	of	smugglers.	Federico	Alagnaargues	that	the	narrative	around	migrant	smuggling	often	obscures	the	real	purpose	of	existing	policies,	as	well	asthe	reality	of	how	undocumented	migration	actually	functions.	Over	the	last	few	years,	numerous	EU	migration	policies,	operations	and	programmes	have	been	proposed	as	aresponse	to	‘migrant	smuggling’.	This	trend	can	be	detected	in	the	political	discourse	associated	with	some	of	themost	important	EU	acts,	including	the	recent	New	Pact	on	Migration	and	Asylum.It	is	also	apparent	in	those	member	states	who	have	significant	exposure	to	the	phenomenon,	such	as	Italy.Concerns	over	migrant	smuggling	are	visible	in	the	debates	surrounding	search	and	rescue	operations	led	byNGOs,	agreements	with	third	countries,	and	public	comments	by	politicians	from	different	parties.Moving	beyond	these	declarations,	however,	the	fight	against	smuggling	is	a	decidedly	complex	and	at	timescontradictory	issue.	On	the	one	hand,	the	smuggling	of	migrants	is	a	multifaceted	phenomenon,	which	ranges,across	a	spectrum,	from	extremely	violent	and	dangerous	empirical	manifestations,	to	cases	of	individuals	whofacilitate	migration	movements	without	any	harm	or	coercion.On	the	other	hand,	EU	and	national	policies	have	been	informed	by	a	one-way	understanding	of	migrant	smugglingas	managed	by	ruthless	criminal	organisations.	Going	even	further,	one	strives	to	find	any	possible	connection	–clear	and	empirically	grounded	–	between	those	EU	and	national	policies	flaunted	as	‘anti-smuggling’	and	theactual	fight	against	smuggling.On	the	contrary,	these	very	policies	–	those	that	have	characterised	the	approach	to	migration	over	the	lastdecades	in	the	EU	and	in	its	member	states	and	which	are	supported	by	governments	of	different	politicalorientations	–	often	appear	counterproductive.	Dozens	of	studies	show	the	unwanted	consequences	of	restrictivemigration	policies	and	of	the	militarisation	of	borders.	More	inaccessible	borders	lead	to	an	increase	inundocumented	migration	and	smuggling	as	well	as	harsher	and	more	harmful	conditions	for	those	who	attempt	tocross	them.The	notion	of	closing	borders	to	prevent	migrants	reaching	European	states	is	often	perceived	as	indicative	ofradical	right-wing	politics.	The	principle	of	managing	migration	in	an	orderly	fashion,	while	targeting	migrantsmugglers	and	protecting	migrants’	lives,	appears	more	acceptable	in	contrast.	Yet,	in	practice,	these	differentnarratives	are	often	applied	to	very	similar	policies,	with	the	fight	against	smugglers	becoming	the	acceptablejustification,	articulated	to	citizens,	for	closing	borders.This	is	precisely	what	has	occurred	in	Europe	over	the	last	few	years.	There	has	been	a	distortion	of	the	toolkitdeveloped	during	the	1990s	to	address	smuggling,	which	was	condensed	in	2000	under	the	UN’s	Protocol	againstthe	Smuggling	of	Migrants	by	Land,	Sea	and	Air.	This,	while	imperfect,	at	least	maintained	the	fundamental	idea	oftargeting	criminal	smuggling	rather	than	undocumented	migration	outright.In	today’s	Europe,	in	the	vast	majority	of	cases,	anyone	who	facilitates	the	irregular	entry	of	a	migrant	mayeffectively	be	targeted	as	a	‘smuggler’,	regardless	of	whether	the	act	has	been	driven	by	a	desire	for	material	gainsor	humanitarian	principles,	and	irrespective	of	whether	the	actor	has	any	affiliation	with	criminal	organisations.Based	on	legislation	and	on	the	prevailing	narrative,	everyone	from	members	of	criminal	organisations	to	thosemotivated	by	humanitarian	reasons	risks	being	treated	in	the	same	way	–	as	the	many	cases	of	criminalisation	ofhumanitarian	assistance	to	undocumented	migrants	show.All	of	this	is	further	complicated	by	another	narrative,	particularly	relevant	in	the	Mediterranean	context,	which	seeksto	portray	those	who	steer	vessels	from	North	Africa	to	Europe	as	ruthless	criminals	by	default.	In	reality,	evidencedemonstrates	that	these	actors	are	often	migrants	themselves,	forced	to	steer	vessels	with	direct	or	indirect	threats,or	with	the	promise	of	a	discounted	price.	Sometimes,	this	occurs	for	no	other	reason	than	that	they	are	instructedto	do	so	at	the	time	of	boarding	and	have	little	alternative	but	to	comply.	Eventually,	at	their	arrival,	they	are	oftenaccused	of	migrant	smuggling,	while	the	real	smugglers	continue	to	do	business	undisturbed	from	Libya	andelsewhere.LSE European Politics and Policy (EUROPP) Blog: The EU and the myth of migrant smuggling Page 1 of 2		Date originally posted: 2021-01-04Permalink: https://blogs.lse.ac.uk/europpblog/2021/01/04/the-eu-and-the-myth-of-migrant-smuggling/Blog homepage: https://blogs.lse.ac.uk/europpblog/Rethinking	the	problem	of	smugglingA	first	step	toward	better	understanding	the	problem	would	be	to	appreciate	the	complexity	of	the	world	ofundocumented	migration	and	smuggling	and	the	difference	between	these	phenomena.	We	also	must	acknowledgethat	the	more	‘closed’	Europe’s	borders	become,	the	more	likely	it	is	that	undocumented	migration	will	arise.	It	isnecessary	to	recognise	the	great	variety	of	individuals	who	may	be	involved	in	undocumented	migration,	from	largesmuggling	operations	to	small-scale	facilitators,	to	those	who	end	up	violating	migration	laws	for	strict	humanitarianreasons.	And	it	is	crucial	to	provide	for	different	degrees	of	liability	and	for	exemption	from	criminalisation,	whenappropriate.Second,	from	the	perspective	of	political	discourse,	we	should	seek	to	establish	a	more	accurate	picture	of	theproblem.	Instead	of	portraying	policies	aimed	at	containing	migration	flows	as	humanitarian	operations	againstsmuggling,	we	should	bring	these	debates	into	the	open.	Migration	must	be	dealt	with	through	a	holistic,	multi-disciplinary,	trans-regional	approach	involving	a	plurality	of	actors.	A	criminal	law-based,	repressive	approach	tomigration,	aside	from	misusing	tools	that	were	intended	for	other	purposes,	represents	a	clear	risk	to	the	safety,rights	and	dignity	of	the	people	involved.Until	these	standards	are	met,	all	that	will	be	achieved	is	the	cementing	of	a	myth	in	our	imagination	–	a	narrativethat	serves	little	purpose	beyond	comforting	those	in	Europe	who	are	reluctant	to	recognise	the	current	reality	forwhat	it	is.A	version	of	this	article	was	originally	published	in	ItalianNote:	This	article	gives	the	views	of	the	author,	not	the	position	of	EUROPP	–	European	Politics	and	Policy	or	theLondon	School	of	Economics.	Featured	image	credit:	callmonikm	(CC	BY	2.0)LSE European Politics and Policy (EUROPP) Blog: The EU and the myth of migrant smuggling Page 2 of 2		Date originally posted: 2021-01-04Permalink: https://blogs.lse.ac.uk/europpblog/2021/01/04/the-eu-and-the-myth-of-migrant-smuggling/Blog homepage: https://blogs.lse.ac.uk/europpblog/

The EU and the myth of migrant smuggling

http://eprints.lse.ac.uk/108743/1/europpblog_2021_01_04_the_eu_and_the_myth_of_migrant.pdf

The EU and the myth of migrant smuggling

Abstract

Similar works

Full text

Available Versions

LSE Research Online