Migrant rights in an age of international insecurity: Exploring the narratives of protection and security in European migration and refugee law

As the migration crisis has unfolded in Europe, driven largely by confl ict and instability in the Middle East and Africa, European countries have had to confront the dichotomy between what they perceive to be the protection of their national interests and an obligation to abide by humanitarian principles. These events have manifested in many prominent nativist anti-immigration and anti-refugee political movements that have tested the relevance, applicability and suitability of several international institutions and instruments. Competing and conflicting approaches can be identified among the primary actors: those in the political realm are being driven by a security and law enforcement narrative towards their migration policies, while NGOs and international organisations are following a human rights and humanitarian protection narrative. To some, even the approach of the NGOs remains disjointed, uncoordinated and fractured. In this context, a number of questions are being raised about whether the implementation of international migration law by a number of actors such as politicians, national leaders, law enforcement and the humanitarian agencies and civil society adequately balances these competing approaches. How can law enforcement and administrative agencies ensure that there is a functional and coherent balance between the national security narrative and the migrant rights narrative while, at the same time, seeking to address the needs of both their governments and vulnerable migrant groups? This is a conundrum that this paper seeks to answer.