Chapter 11 EU and US Border Policy: Externalisation of Migration Control and Violation of the Right to Asylum
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Abstract
This chapter provides a comparative perspective, drawing parallels between US-Mexico and EU-Morocco border policy. In recent years, the US has funneled significant resources to Mexico to stop the flow of women and children to the US border, making a difficult journey even more perilous for those seeking protection. The EU has similarly fortified its borders, externalising migration control to a number of countries, including Morocco. This chapter explores whether the aforementioned US and EU policies violate domestic and international legal obligations, including the principle of non-refoulement under the 1951 Convention Relating to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees, the right to seek asylum set forth in the Universal Declaration of Human Rights (udhr), as well as human rights obligations under the International Covenant on Civil and Political Rights (iccpr) and under regional human rights instruments. The chapter also assesses the impact of externalising migration control on the development of the domestic asylum systems in Mexico and Morocco, given the obstacles to implementation and the barriers to formal recognition presented in both contexts.