Instrumentalisation of migration refers to situations where third countries use people on the move as tools to exert political pressure. Recent examples include attempts to channel migrants across borders to destabilise the EU or its Member States. The phenomenon has had tragic consequences, with deaths and hardship at borders such as the EU’s frontier with Belarus. The FRA underlines that while governments must be able to protect their borders, responses must not overlook the vulnerability of the individuals caught in these situations.

The paper sets out legal safeguards under EU and international law. Some rights, such as the prohibition of torture and the principle of non-refoulement – which forbids returning people to persecution or serious harm – can never be restricted. Access to asylum procedures is also protected. Any limitation of other rights must be lawful, necessary, proportionate, and temporary. The FRA stresses that measures taken in the name of countering instrumentalisation should not become the standard way of dealing with all migrants and refugees.

To address instrumentalisation, the FRA lists possible actions. These include sanctions against states orchestrating such movements, measures targeting transport operators involved, enhanced border management, and in some cases cooperation with the military. However, all these actions must comply with EU fundamental rights law. The agency warns that if responses focus too heavily on control and deterrence, they risk eroding the essence of asylum as a fundamental right in Europe.

For further information, please read the position paper attached below.