Cartoon by Jean Gouders

Cruelty does not bring order when it comes to refugee policy

By David Miliband, head of the International Rescue Committee and a former UK foreign secretary

Financial Times: The news that 78 people have been found dead, with 500 missing, from a capsized boat off the coast of Greece is worse than a “tragedy”. If ships did not fulfil their international legal obligation to save drowning people, then the area is a crime scene. And criminal or not, the policy failure by European governments is massive. 

Migration management isn’t easy. According to recent UN figures, almost 110mn people are currently fleeing conflict and disaster — one in 74 of the global population. Over 40mn are refugees and asylum seekers. EU countries are handling 8mn refugees from Ukraine alone.

The majority of refugees (nearly 80 per cent) are in poor or middle-income countries. Countries such as Turkey, Uganda, Pakistan, Colombia and Lebanon host more than a million refugees each. But in Europe, and America, too much policy has been cruel and incoherent, and therefore ineffective. 

There is meant to be a universal right to claim asylum from persecution. Of course, that does not mean every claim will succeed. But it is the lack of safe and legal routes to exercise this right that is the core failure of current policy — and the greatest recruiting sergeant for people smugglers. With Covid-era border restrictions in place in the US, making it impossible for people to access protection, encounters at the US-Mexico border rose to levels not seen in more than 20 years. Cruelty did not bring order.

The Biden administration has introduced initiatives to repair Trump-era damage. For example, there are 30,000 humanitarian visas per month for four Latin American countries and refugee resettlement has been expanded. However, in denial of legal obligations, the government is promising to expel for five years those who claim asylum having crossed the southern border.

Meanwhile, the EU still does not have agreed and adequate systems for refugees to access asylum from third countries, nor processing capacity at key choke points, nor effective mechanisms for returns of those who fail the asylum test. And the UK government is trying to make the very act of arriving in the country and claiming asylum in effect illegal.

There are four key lessons for western states. First, combat misinformation that leaves people unaware of pathways to protection, rights and processes in countries of asylum. The International Rescue Committee’s digital platform, Signpost, has reached over 36mn displaced people across 18 countries, supporting them as they navigate their journeys.

Second, provide humane reception, fair and orderly processes and alternatives to detention. In American states such as Arizona, this approach avoids asylum-seekers being released on to the streets. Similarly, the family case management programme in the US — a community-based alternative to detention — resulted in 99 per cent compliance with immigration proceedings, providing more humane treatment at a fraction of the cost of detention.

Third, scale up safe, durable refugee resettlement pathways. Annual commitments of at least 10,000 for the UK, 125,000 for the US and 44,000 for the EU next year would begin to address the scale of the need. There is room for innovation here to speed up integration into new countries. Sponsor-based programmes for Ukrainians in the UK and EU could provide a model for extending refugee resettlement schemes.

Lastly, while the causes of conflict are complex, it is vital to ramp up humanitarian aid and technical assistance to address what drives the displacement in the first place — and to shore up support for poorer refugee-hosting nations, especially as climate adaptation becomes more necessary.

The roots of today’s crisis lie in the dozens of armed conflicts burning around the world. But refugees are victims twice over, driven from their homes and then spurned where they seek safety. This is neither right nor necessary.