Geopolitical events have a constant impact on the movement of people. The most recent example is the Russian invasion of Ukraine, which has resulted in the displacement and migration of millions more people throughout Europe and beyond (IOM, 2021). The striking number of 103 million forcibly displaced people worldwide shows the urgency of finding a sustainable solution. While States must control and protect their borders, they must do so in a way that does not hinder access to international protection and does not further harm migrants, who are already in vulnerable situations.
CONCEPT OF “MIGRANTS IN VULNERABLE SITUATIONS”
“The vulnerable situations that migrants face can arise from a range of factors that may intersect or coexist simultaneously, influencing and exacerbating each other and also evolving or changing over time as circumstances change. The concept of vulnerability is a foundational element of the human rights framework. Together with the requirement to uphold human dignity, the need to recognize and address vulnerability underpins the legal obligation of States to respect, protect and fulfil human rights. “Migrants in vulnerable situations” are thus persons who are unable effectively to enjoy their human rights, are at increased risk of violations and abuse and who, accordingly, are entitled to call on a duty bearer’s heightened duty of care.”
Migrating carries many risks. Lack of safe and legal channels, exposure to exploitative smugglers, lack of documentation, lack of resources, inhumane and degrading treatment, and violence – these are all risks and dangers that migrants continually face. The impacts of these risks are further exacerbated by the lack of access to services and assistance.
The European Court of Human Rights and the Council of Europe recognise that vulnerable persons in the context of asylum and migration require special protection and assistance, which is to be provided by national authorities in accordance with national legislation and international obligations. The individual situation of vulnerability of migrants must be evaluated on a case-by-case basis upon arrival, with adequate assistance, protection and information being offered throughout the asylum and migration process (Council of Europe, 2021).
The International Organisation for Migration's Vulnerability Framework
To protect vulnerable individuals from exploitation and human rights abuses throughout the migration cycle (i.e. departure, transit, destination) and to equip practitioners with an applicable methodology allowing them to provide need-based and tailored responses, the International Organisation for Migration (IOM) has developed a vulnerability framework (see Figure 1). When applied, it provides an understanding of the risk factors that increase migrants’ vulnerability and the protective factors that enhance their resilience. With its primary reference point being the possibility of creating harm to human life, it approaches the phenomenon of vulnerability from a multi-dimensional perspective, including individual, household/family, community, as well as structural factors. The model also allows for an assessment of which stakeholders should be involved at what level (IOM, 2019).
In light of this, border management and security must be augmented by including the vulnerability of migrants in traditional risk assessments. By focusing on vulnerabilities of individuals, in addition to the vulnerability of states and borders, risk assessments would both ensure that fundamental human rights are continuously upheld and that migrants in need receive additional resources, protections and assistance. The inclusion of migrant-specific vulnerabilities in risk assessment will be a step towards de-securitsing the current approach used in the context of migration. Migrants will no longer be seen as a potential security threat, but also as vulnerable groups in need of assistance.
The Role of Technology in the Field of Migration
In this context, it is important to note that technology has been playing an increasingly important role in the field of migration. The “fourth industrial revolution” and the technological advances that it has brought about since the early 2000s are being used both by migrants and for migration management (Triandafyllidou, 2018). While the use of advanced technologies such as artificial intelligence for border security and migration management raises major concerns, particularly with regard to the respect of the human rights of migrants, it is important to note that technology can and should be developed in ways that provide additional sustainable solutions to the specific vulnerabilities of migrants. Technology can improve risk assessment in the context of border security, to ensure the safety and security of the border – but technology must also improve the reception and protection of migrants.
The Role of CRiTERIA
The CRiTERIA project is trying to bridge together these to two different elements, security of the borders and protection of migrants. By introducing a human-centered approach build around the vulnerability framework developed by IOM, CRiTERIA is developing a new risk analysis model that takes into account the vulnerability of migrants. In addition to the three dimensions of a traditional risk analysis (threat, vulnerability, impact), it will include analysis of the following factors (based on the IOM’s risk analysis framework, IOM 2019):
- Vulnerability: a limited capability to avoid, resist, cope with or recover from violence, exploitation, and abuse)
- Lack of coping capacity: limited or non-existent capability to avoid, resist, cope with, or recover from violence, exploitation and abuse.
- Risk factor: factors at the individual, household/family, community or structural level that increase migrants’ likelihood of experiencing violence, exploitation or abuse before, during or after migrating
- Protective factor: factors at the individual, household/family, community or structural level that decrease migrants’ likelihood of experiencing violence, exploitation or abuse before, during or after migrating.
With this advancement, CRiTERIA will develop an alternative to the currently used traditional risk analysis which fails to recognize migrant-specific vulnerabilities.
Ana Ćuća
Ana Ćuća is a Research Support Officer at the Department of Information Policy & Governance at the University of Malta. Specialised in protection of refugees and criminalisation of humanitarian assistance, she is currently working on topics such as migration, security and disinformation. She holds a Master's degree in Human Rights with Clinical Specialisation from the Central European University and a Political Science degree from the University of Zagreb.
Isabella Morgott
Isabella Morgott is a Research Support Officer at the Department of Information Policy & Governance at the University of Malta. Specialised in European politics and democracy, she is currently working on topics such as radicalisation, migration and the prevention of sexual violence. She holds a Master’s degree in European Public Affairs & Governance from the University of Paris Panthéon-Sorbonne, a Master’s degree in Political Science from the University of Paris Panthéon-Assas, as well as a degree in Romance Studies from the University of Munich.
References:
Council of Europe (2021). Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe (2021-2025).
International Organisation for Migration. (2019). Handbook on protection and assistance for migrants vulnerable to violence, exploitation and abuse.
International Organization for Migration. (2021). World Migration Report.
OHCHR/Global Migration Group (2017). Principles and Guidelines, supported by practical guidance, on the human rights protection of vulnerable migrants. Available at www.ohchr.org/Documents/Issues/Migration/PrinciplesAndGuidelines.pdf.
Triandafyllidou, A. (2018). Globalisation and migration. In: Handbook on Migration and Globalisation (A. Triandafyllidou, ed.). Edward Elgar.
