Jean Asselborn, Luxembourg's Minister of Foreign and European Affairs; Credit: MAEE

On Thursday 28 January 2021, Luxembourg's Minister of Foreign and European Affairs, Jean Asselborn, participated in the meeting of the Justice and Home Affairs (JHA) Council of the European Union, which was held by video conference.

This first meeting under the Portuguese Presidency of the EU Council enabled the ministers responsible for migration to continue their discussions on the Pact on Migration and Asylum, which launched in September 2020. The ministers notably addressed the external dimension, external borders and solidarity.

In his speech, Minister Jean Asselborn looked at the current situation of migrants in Bosnia and Herzegovina by reporting the testimony of a journalist from a German TV channel, who described the situation in Bihać and Velika Kladuša as one of "lawlessness" and "state of war".

Luxembourg's Foreign Minister remarked: “The people there in appalling conditions are not only lone, young men, but there are also families with children at the door of the European Union. The EU is a signatory to the Geneva Convention and refugees should not put their lives at risk to be able to knock on our door. I am convinced, given the urgency and the unflattering topicality for the EU, that the Commission will inform the Council on this situation as well as on the allegations of refoulement”.

Minister Jean Asselborn continued: “In fact, Frontex will be the European super-agency in the future and setting up its new resources will involve a considerable budget and some 10,000 agents. The Commission is the guardian of this process and the Member States will have to support it in its efforts to clarify in order to restore confidence in this fundamental instrument of our migration policy".

Regarding the external dimension, the Luxembourg Minister insisted on the fact that "dignity must be a common thread in our relations with third countries". He added that the levers cannot only work in one direction (i.e.) sanctions, but must also provide for the possibility of working in the other direction: "It will be all the more important for us to speak with one voice, making use of the Community instruments at our disposal and ensuring full respect for the Geneva Convention".

In this context, Minister Jean Asselborn encouraged the European Commission to continue to intensify the dialogue with important partners such as the countries of North and Sub-Saharan Africa, adding that a well-coordinated European approach would inevitably bring added value to bilateral efforts.

Regarding the subject of responsibility and external borders, Luxembourg's Foreign Minister stressed that "we cannot completely dissociate responsibility and solidarity". He recalled that Luxembourg supports border procedures through rigorous identification of third country nationals who cross EU borders irregularly. These procedures are expected to help reduce secondary movements, as well.

In terms of solidarity, Minister Jean Asselborn pointed out that the European Commission and the Member States directly concerned by migratory pressure would be the best placed to identify the needs and the measures to be taken to meet these needs. He commented: "If, in the last resort, relocation is the most effective means, we must give ourselves the means to make it compulsory for all in the event of a crisis in the countries under pressure". He also expressed his support for the Commission's proposal to keep the catalogue of solidarity measures fairly small and effective, recalling that the aim of the exercise was to reduce the burden on countries of first arrival rather than minimising support to others.

Regarding the proposal to keep solidarity “flexible”, the Luxembourg Minister expressed his doubts about the effectiveness of such an approach: “The fire in the Moria camp has shown us that even in such an extreme situation, not all Member States - and by far not all! - volunteered to come to the aid of both Greece and vulnerable people”.

In response to Minister Jean Asselborn's comments, supported by several other ministers, the European Commissioner for Home Affairs, Ylva Johansson, confirmed that the European Commission insists on a full elucidation of the refoulement allegations. She stressed that the Frontex agency must operate in a robust and efficient manner, adding that the Commission will ensure that a mechanism is put in place for reporting violations of human rights in the area of migration, as well as genuine monitoring for the respect of fundamental rights.