FRA explains the instrumentalisation of migrants and how the EU can respond
The term “instrumentalisation of migrants” describes a strategy where countries outside the EU use the movement of people to put political pressure on the Union or one of its Member States. This has happened at several borders in recent years and has had real human consequences. A new paper from the EU Agency for Fundamental Rights (FRA) explains what the phenomenon is, the dilemmas it creates, and why responses must strike a careful balance.
Instrumentalisation occurs when migrants or refugees are deliberately directed towards EU borders to destabilise or influence political decisions. A well-known example is the situation at the border with Belarus, where people were encouraged to cross into the EU, often finding themselves stuck in unsafe conditions at the border.
This raises serious questions for the EU and its Member States. How can they protect their borders while ensuring respect for fundamental rights? International and EU law guarantee access to asylum, prohibit collective expulsions, and forbid returning people to places where they may face persecution or serious harm. Ignoring these principles would undermine rights that are central to Europe’s legal order.
Finding a balanced response is challenging. According to the FRA, measures to counter instrumentalisation — from sanctions to tighter border controls — are sometimes necessary to respond to deliberate attempts to misuse migrants. However, the FRA warns that if such measures are applied beyond exceptional situations, they risk prioritising control over protection and could affect the way fundamental rights, including the right to asylum, are guaranteed at the EU’s external borders.
For those wishing to explore this issue further, the FRA position paper offers a detailed analysis.