Abstract
This research article aims to provide answers on how COVID-19 pandemics influenced migration law, policy responses, and practices in Croatia, particularly concerning migrants on the Western Balkan route. Throughout the EU, governments have reinstituted border controls in the Schengen region and any “nonessential travel” to the EU has been suspended. In this study, it is analyzed whether asylum seekers have been denied entry in violation of international refugee law and whether immigration officers held detainees because of the risks posed by COVID-19 alongside Croatian borders. In addition, the study addresses the question whether and to what degree the COVID-19 pandemic influenced the overall approach toward migrants and their access to services, primarily the right to health care. Also, it is researched whether facilities for migrants and asylum seekers have appropriate health care and whether the measures imposed by the Croatian Institute of Public Health and by the National Emergency Response Team are respected when dealing with migrants. In addition, it is researched whether the EU, UN, and WHO policies and recommendation concerning COVID-19 and migrants, where applicable, are respected in the Republic of Croatia and whether specific policies concerning migrants and COVID-19 were introduced. All legislation, policy responses, and practices will be critically approached and examined. The text will make proposals for implementation of best practices and policy responses for migrants in the context of COVID-19. All statistical data that are necessary for this research are requested from the Ministry of the Interior of the Republic of Croatia.
Highlights
This research article aims to provide answers on how COVID-19 pandemics influenced migration law, policy responses, and practices in Croatia, in relation to migrants on the Western Balkan route
As emphasized by Arbour, the importance of economic, social, and cultural rights cannot be overstated in the protection of security (Arbour, United Nations High Commissioner for Human Rights, 2005: 5) and that should have an impact in creating a holistic policy in relation to asylum seekers in times of the COVID-19 pandemic: The importance of economic, social and cultural rights cannot be overstated
An inclusive public health and socioeconomic response will help suppress the virus, help to restart our economies, and help ensure we stay on track to reach the Sustainable Development Goals (United Nations Department of Economic and Social Affairs Sustainable Development, 2015)
Summary
The COVID-19 pandemic is a human security challenge, which has lasted for more than eleven months. The responses of the European Union and the United States to the COVID-19 pandemic put serious pressure on the international refugee law regime (Ramji-Nogales and Goldner Lang, 2020, 599) and to Croatia to respect human rights standard while facing the described challenges. Many of them live in overcrowded camps, settlements, makeshift shelters or reception centers, where they do not have adequate access to health services, clean water and sanitation” (OHCHR, IOM, OHCHR and WHO Joint Statement, 2020) In their attempt to reach security and the economic well-being in the EU, migrants and asylum seekers arriving at Croatian borders do not arise from a vacuum, but from the entire global inadequate system that fails to adequately protect this vulnerable group and provide them with adequate health care in the first place and all seven types of security. Providing separate recommendations for migrants concerning the spread of COVID-19 is hardly the only problem in Croatia
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