Jean Asselborn on EU Migration & Asylum Pact: "We Cannot Outsource our European Migration Policy"

On Monday 14 December 2020, Luxembourg's Minister of Foreign and European Affairs, Jean Asselborn, participated via video conference in the EU Justice Home Affairs (JHA) Council, the informal EU-Latin America and Caribbean (LAC) Ministerial Meeting and the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC).

JHA Council

This video conference enabled ministers responsible for migration-related issues to continue their discussions on the main elements of the pact on migration and asylum, presented by the European Commission in September 2020. In particular, the ministers discussed the progress report submitted by the German Presidency of the Council of the EU, which noted that a consensus existed on operational cooperation, the external dimension and the return policy, while more work is needed on solidarity and border procedures.

Minister Jean Asselborn began his speech by thanking the German Presidency for the efforts undertaken to find a balance between responsibility and solidarity, which resulted in a progress report faithfully reflecting the work of recent months. Regarding said report, Luxembourg's Foreign Minister welcomed the fact that certain elements had evolved in the right direction, particularly regarding the external dimension. However, he emphasised that there is no doubt that “we must work more closely with third countries and that we must do so in the form of mutually beneficial partnerships. In this context, legal migration must play an equally central role as returns and readmission".

Minister Jean Asselborn continued: “Luxembourg appreciates the relentless efforts of the European Commission, which deserves special mention for having built bridges with the Maghreb countries and for trying to advance these partnerships. However, we cannot outsource our European migration policy. We need a real European solution internally and that requires a fair balance between solidarity and responsibility”. He added that border procedures can only work if the countries that will be most affected receive substantial support in return: “Ultimately, we need a mechanism that provides for the compulsory relocation of people in need of protection”.

Luxembourg's Foreign Minister also expressed his concern over reports of violent pushbacks at the external borders of the EU, stressing that “we need effective and independent monitoring of what is happening at our external borders. It is essential that rapid and effective investigations be carried out into the reported facts”.

Informal EU-LAC Ministerial Meeting

Organised by the German Presidency of the Council of the EU and the EU High Representative Josep Borrell, this ministerial meeting aimed to reaffirm the partnership between the EU and LAC regions and give new impetus to bi-regional cooperation. It brought together 48 foreign ministers from Europe and Latin America and the Caribbean. The exchange was organised around three themes: the immediate response to the COVID-19 crisis; a "green partnership" to better rebuild economies; a "digital alliance" to better connect the two regions.

In his speech on the “green partnership”, Minister Jean Asselborn focussed on Luxembourg's role as a leading international platform for sustainable and innovative finance. He explained how Luxembourg initiatives were making it possible to facilitate mixed financing, bringing together public and private investors, to fight against climate change. He cited as an example the “Forestry and Climate Change Fund”, which has been used to promote investment in forestry projects in tropical forests in Central America since 2017. Luxembourg's Foreign Minister noted: “The aim of this fund is to restore secondary forest areas or degraded and to make them economically, ecologically and socially viable”. Responsible investment funds, the listing of green bonds and the labelling of funds are other instruments that allow Luxembourg to bring added value in the fight against climate change.

Minister Jean Asselborn also emphasised that “the EU-LAC partnership must promote the transition to a sustainable economy and carbon neutrality, on the basis of the Paris Agreement, the fifth anniversary of which we have just celebrated”.

In response to recent climatic disasters in Central America, in particular hurricanes Eta and Iota, Minister Jean Asselborn recalled that international solidarity is more essential than ever. In this context, he referred to the humanitarian aid of €100,000 that the Luxembourg government has made available to support the most vulnerable people in the affected countries.

ASP to the Rome Statute of the ICC

Minister Jean Asselborn took the opportunity of his speech to reaffirm Luxembourg's unwavering support for the International Criminal Court. He emphasised: “The Court is an essential institution for combating impunity and promoting an international order based on law. By contributing to respect for international humanitarian law and the rule of law, the Court promotes lasting peace and translates into concrete terms our commitment to human rights and the rule of law”, before adding that “the Court must be able to work impartially and without hindrance. The neutrality and independence of the Court are essential for its proper functioning”.

Faced with the attacks to which it has been subjected in recent years, Minister Jean Asselborn insisted on the importance of protecting the ICC, as well as its staff, "against all pressures or external threats aimed at impeding the course of justice and weakening the international criminal justice system”. He also called for the withdrawal of measures affecting the ICC, including financial and travel restrictions, as soon as possible.

Luxembourg's Foreign Minister went on to highlight the task of the Assembly of States Parties of electing the most highly qualified people, according to a rigorous and transparent process, to the posts of judge and prosecuto. "The Court is as efficient and respected as the women and men who compose it" noted the minister, before paying tribute to the Prosecutor of the ICC, Fatou Bensouda, for the efforts she has deployed throughout her mandate, as well as her team.

Minister Jean Asselborn also recalled that victims must be at the heart of efforts to fight impunity: “It is important that victims have the right to an effective remedy and to receive compensation. In this regard, Luxembourg has just decided to increase its contribution to the fund for the benefit of victims. I would also like to reiterate Luxembourg's commitment to strengthen accountability with regard to sexual and gender-based violence, as well as violence against children".

Finally, Luxembourg's Foreign Minister recalled the importance of states cooperating with the ICC so that it can execute its arrest warrants, collect evidence and have access to witnesses. He concluded: "Cooperation with the Court is crucial. This is a responsibility that is incumbent on us all".