A shattered passport transforms into a wing, symbolizing freedom amidst restricted movement in the EU.

Beyond Borders: How Pro-Asylum Advocacy Challenges Exclusion in the EU

Jordan Keane in Law & Justice August 2025 • 3 min read.

"Unpacking the Strategies and Shared Worldviews of Advocates Fighting for Refugee Rights in an Era of Increasing Restrictions"

In an era where deterrence increasingly relies on punitive measures, offering assistance to refugees becomes fraught with challenges for organizations and individuals alike. The fight transcends mere refugee rights, extending to the battle for essential resources and legitimacy.

History reminds us that practices initially aimed at foreigners often find their way into the broader citizenry. This article delves into how pro-asylum advocates challenge stringent measures against those seeking entry or residence in the EU, focusing on examples from the Netherlands and the UK.

We investigate organized resistance to the '3-Ds'—destitution, detention, and deportation—which form the core of EU migration policies designed to deter. Further, we examine the connections between 'global apartheid' and the 'state of exception' within the EU, concepts that frame the context for pro-asylum advocacy work.

What is Global Apartheid, and How Does It Relate to the EU's State of Exception?

A shattered passport transforms into a wing, symbolizing freedom amidst restricted movement in the EU.

The concept of 'global apartheid,' popularized by figures like Thabo Mbeki and Fidel Castro, and analyzed by scholars such as Anthony Richmond and Patrick Bond, describes a system resembling a global caste structure. This term captures not only the scale of global inequalities but also the legitimizing laws and coercive enforcement processes that maintain them.

Ian MacDonald's comparison of UK nationality and immigration laws to apartheid laws highlights how both systems create unequal categories of 'nationals' with differing access to resources and territories. This framework is crucial for understanding the pro-asylum advocacy landscape in Europe.

State-Designed Controls: Racially encoded and legally sanctioned controls restrict cross-border movement.
Surveillance Technologies: Global grids of laws, walls, barriers, and surveillance techniques enforce exclusion.
Corporate Involvement: Transnational security corporations play a significant role, mirroring corporate involvement in South African apartheid.

Border controls, detention centers, and deportations are deliberate deterrence policies. However, their limited success suggests a competitive dynamic among governments, each striving to impose more draconian sanctions against undocumented individuals.

The Future of Pro-Asylum Advocacy in the EU

As the EU continues to grapple with migration, the perspectives and actions of pro-asylum advocates become increasingly vital. These advocates, driven by shared worldviews and a commitment to human rights, play a crucial role in challenging unjust policies and advocating for the rights of the most vulnerable. Supporting their efforts is essential for fostering a more just and equitable society.

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This article is based on research published under:

DOI-LINK: 10.1007/978-3-642-12757-1_16, Alternate LINK

Title: Pro-Asylum Advocacy In The Eu: Challenging The State Of Exception

Journal: Hexagon Series on Human and Environmental Security and Peace

Publisher: Springer Berlin Heidelberg

Authors: Helen Hintjens, Richa Kumar, Ahmed Pouri

Published: 2011-01-01

Everything You Need To Know

What are the '3-Ds' mentioned, and how do they function within the EU's migration policies?

The '3-Ds' refer to destitution, detention, and deportation. These three concepts form the core of EU migration policies that aim to deter individuals from seeking entry or residence within the EU. Destitution involves creating conditions where asylum seekers lack basic necessities, detention refers to the holding of migrants in detention centers, and deportation is the forced removal of individuals from the EU. These measures are designed to discourage migration by making life difficult for undocumented individuals, although their effectiveness is questionable as governments compete to impose even harsher sanctions.

How does the concept of 'global apartheid' relate to migration policies within the EU?

The concept of 'global apartheid,' as defined by figures like Thabo Mbeki and Fidel Castro and analyzed by scholars such as Anthony Richmond and Patrick Bond, describes a global system resembling a caste structure characterized by vast inequalities maintained through legitimizing laws and coercive enforcement. It connects to EU migration policies by highlighting how border controls, detention centers, and deportations create unequal access to resources and territories based on nationality. This is enforced through racially encoded state-designed controls, surveillance technologies, and the involvement of transnational security corporations, similar to historical apartheid systems. Ian MacDonald's comparison of UK nationality and immigration laws to apartheid laws exemplifies this connection.

What role do pro-asylum advocates play in the context of increasingly restrictive migration policies in the EU?

Pro-asylum advocates play a crucial role in challenging restrictive migration policies and supporting vulnerable individuals seeking refuge in the EU. They combat the '3-Ds' (destitution, detention, and deportation) by advocating for refugee rights and access to essential resources. These advocates challenge unjust policies, driven by shared worldviews and a commitment to human rights, and their work is vital for fostering a more just and equitable society in the face of increasing deterrence measures and the enforcement of what some describe as 'global apartheid'.

What is meant by the 'state of exception' in the context of EU migration policies, and how does it relate to pro-asylum advocacy?

The 'state of exception' in the context of EU migration policies refers to a situation where governments suspend normal legal rules and procedures when dealing with migrants and asylum seekers, often justified by security concerns or migration crises. This allows for the implementation of harsher measures, such as increased detention and deportation, and restricts the rights of migrants. Pro-asylum advocacy directly challenges the 'state of exception' by advocating for the rights of migrants and refugees, monitoring and contesting abuses of power, and pushing for policies that adhere to international human rights standards, even in times of perceived crisis. The relationship between 'global apartheid' and the 'state of exception' frames the context for pro-asylum advocacy work.

Beyond direct assistance to refugees, what broader issues are pro-asylum advocates addressing in the EU, and why are these issues important?

Beyond providing direct aid, pro-asylum advocates address broader issues such as challenging the legitimacy and legality of restrictive migration policies, combating the normalization of punitive measures, and fighting against the erosion of human rights. They confront the implications of 'global apartheid' and the 'state of exception' by challenging systems that create and maintain inequalities. These efforts are vital because practices initially aimed at foreigners often extend to the broader citizenry, threatening fundamental rights and democratic principles for everyone, not just migrants and refugees. By addressing these systemic issues, pro-asylum advocates work towards a more just and equitable society for all.