JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Responding to state-sponsored instrumentalisation of migrants at the EU external border
Date: 2021-11-23
Institutions: European Commission, Secretariat-General
Subjects: Belarus, EU Member State, EU migration policy, EU restrictive measure, disinformation, external border of the EU, foreign national, humanitarian aid, illegal migration, migrant

EN 

  EN 

   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Strasbourg, 23.11.2021  JOIN(2021) 32 final  JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Responding to state-sponsored instrumentalisation of migrants at the EU external border  
 
 
RESPONDING TO STATE-SPONSORED INSTRUMENTALISATION OF 
MIGRANTS AT THE EU EXTERNAL BORDER 

1.  INTRODUCTION 

A  particularly  cruel  form  of  hybrid  threat  has  emerged  with  the  state-sponsored 
instrumentalisation  of  people  for  political  ends.  Such  practices  run  counter  to  EU  and 
universal  values.  Countering  hybrid  threats  is  one  of  the  most  complex  challenges  the 
European Union and its Member States face. The ways in which a state or non-state actor can 
pressurise  or  attack  another  state  have  evolved.  This  can  take  different  forms  ranging  from 
cyber attacks to foreign information manipulation and interference. All these forms of threats 
have the intention of destabilising or undermining society and key  institutions, and have the 
effect of putting citizens at risk.  

Recent actions by the Lukashenko regime and its supporters are to be seen in this light – as a 
determined attempt to create a continuing and protracted crisis, as part of a broader concerted 
effort to destabilise the European Union, testing its unity and resolve. These actions represent 
a  real  and  present  danger  to  the  EU’s  security.  Beyond  this,  such  actions  and  the  strategy 
behind them, have global ramifications and are a matter of concern not only for the EU but 
also for the international community.  

It  is  the  EU  as  a  whole  that  is  being  challenged,  especially  Lithuania,  Poland  and  Latvia, 
which  have  since  the  summer  experienced  an  insidious  new  threat,  in  the  form  of  the 
instrumentalisation  of  desperate  people.  This  has  resulted  in  an  unprecedented  increase  in 
irregular border crossings from Belarus. While recent  years saw almost no attempts to cross 
the external  borders illegally from  Belarus into the EU, this is now a daily  reality.  This  has 
been initiated and organised by the Lukashenko regime luring people to the border, with the 
cooperation of migrant smugglers and criminal networks.  

For  the  migrants  at  the  border  the  situation  remains  dire.  It  is  crucial  that  humanitarian  aid 
reaches all people in need and that they can be provided with lifesaving assistance.    

The EU has strongly condemned this instrumentalisation of vulnerable migrants and refugees. 
The gravity of the situation has been made clear at the highest level. The European Council 
addressed  this  threat  at  its  meetings  of  June  and  October  2021.1  In  the  State  of  the  Union 
address, President von der Leyen identified the Belarus action as a hybrid attack to destabilise 
Europe.2  The  EU’s  firm  position  remains  that  the  Lukashenko  regime  lacks  democratic 
legitimacy. 

There has been resolute support for the Member States most affected, who are managing the 
external border on behalf of the EU. This support has meant operational and financial help to 
bolster border management and to cater to humanitarian needs. This has been underpinned by 
major  diplomatic  efforts  to  call  on  third  countries  and  airlines  to  avoid  becoming  unwitting 
partners in Belarus’ strategy, as well as direct pressure on Belarus itself. The EU’s efforts to 
build a coalition to oppose the instrumentalisation have had rapid results. Transit routes being 
exploited by smugglers to bring migrants to the Belarusian border are being shut down one by 
one. 

1   EUCO conclusions of 24-25 June 2021 and 21-22 October 2021. 
2   State of Union 2021 Address, 15 September 2021. 

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This  Communication  provides  an  overview  of  the  actions  taken  in  response  so  far  and  the 
measures under way to step up these efforts. It also looks ahead to how the current framework 
can be adapted to provide a more permanent toolbox to address future attempts to destabilise 
the EU through the state-sponsored instrumentalisation of irregular migrants. The EU will not 
accept  any  hybrid  attack  that  exploits  human  beings  in  this  way,  taking  advantage  of  their 
suffering,  and  provoking  violence  and  loss  of  life  for  political  purposes.  The  international 
community as a whole needs to come together in opposition to this manipulation of people. 

The  collective  strength  and  solidarity  of  the  EU  working  as  a  whole  on  this  issue  further 
underlines the EU’s added value in border and migration management. 

2.  THE CURRENT SITUATION 

Situation at the external border of the EU  

As of 16 November, the total number of arrivals in the EU from Belarus in 2021 was 7 698, 
with  4 222  in  Lithuania,  3 062  in  Poland  and  414  in  Latvia.  There  have  been  over  40 000 
repeated  attempts  to  cross  these  borders  prevented  during  2021.3  The  main  third  country 
nationalities 
the  state-sponsored 
instrumentalisation  of  migrants,  a  number  of  Belarusian  nationals  are  seeking  to  escape  the 
repression by the Belarus regime.   

involved  are  Iraqi  and  Afghan.  Independently  of 

The  situation  at  the  Polish  border  with  Belarus  was  deliberately  escalated  by  the  Belarus 
regime  on  8  November.  Several  thousand  people  were  gathered  on  the  Belarusian  side  to 
pressurise  the  Polish  border.  This  was  instigated  by  the  Belarusian  authorities.  In  the 
subsequent days, the Belarus authorities also gave smaller groups of migrants  tools and tear 
gas  to  attempt  entry  by  force.  Belarusian  soldiers  partially  destroyed  the  temporary  border 
barrier.   

The  three  Member  States  have  taken  a  variety  of  measures  in  response.  All  three  have 
declared  states  of  emergency,  reinforcing  their  presence  at  the  external  border  with  EU 
support,  including  by  calling  upon  their  armed  forces.  They  have  also  adopted  dedicated 
legislation  to  deal  with  this  specific  situation.4  The  Commission  is  in  contact  with  these 
Member States, providing technical advice on their legislation to ensure consistency with the 
respect of fundamental rights and EU law.  

The  situation  has  had  a  clear  impact  on  asylum  applications,  which  have  significantly 
increased.  By  14  November,  there  had  been  2 649  applications  asylum  applications  in 
Lithuania, 294 applications in Latvia and 6 498 applications in Poland. 

In  addition,  there  is  strong  evidence  that  there  has  been  a  major  increase  in  unauthorised 
secondary movements connected with irregular entry from Belarus. Germany has estimated 
that over 10 000 detections at the German border with Poland in recent months can be traced 
back  in  this  way.  The  German  Federal  police  and  Polish  police  cooperate  in  patrolling  the 
border area and performing checks to detect potential irregular migrants. Joint anti-smuggling 
actions are also ongoing under the Joint Investigative Cell in Vilnius where Lithuania, Poland, 
Germany  and  Finland  exchange  on  smuggling  activities  and  coordinate  joint  operational 
response.  Sixteen  smuggling  cases  have  been  tackled  so  far.  The  Investigative  Cell  will 
become an operational task force early December with other Member States invited to join. 

3   To note that these may include multiple attempts to cross by the same individuals. 
4   As  of  9  November,  Lithuania  adopted  a  ‘state  of  extraordinary  circumstances’  which  prohibits  movement 

within 5 km from the border area and around migrant centres.    

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Humanitarian situation in Belarus and immediate EU response   

Belarus’  actions  have  created  a  humanitarian  crisis,  with  a  number  of  fatalities  already 
confirmed.  It should be recalled that Belarus bears the primary responsibility for addressing 
this crisis. It is bound by the Geneva Convention, including the principle of non-refoulement. 
Therefore  Belarus  must  provide  for  adequate  protection  of  the  refugees  it  invited  onto  its 
territory and cooperate with UNHCR to this end. 

Inside Belarus, men, women and children, including people in vulnerable situations such as 
pregnant women, are stranded in sub-zero temperatures. As winter deepens, the situation will 
only be exacerbated. Due to the lack of adequate access for humanitarian organisations, it is 
difficult  to  assess  the  exact  number  of  people  in  need.  It  is  estimated  that  there  have  been 
2 000 people close to the border and up to 15 000 stranded in total in Belarus. There are now 
reports that the Belarusian authorities in the region have organised night  stay facilities for a 
number  of  women  and  children  and  have  moved  people  from  the  makeshift  camps  at  the 
border to a logistical centre nearby. 

While limited access has hindered the task of assessing needs, the Commission has remained 
in close contact with its humanitarian partner organisations. Recent decisions have mobilised 
€700 000  in  humanitarian  funding  in  order  to  support  partners  in  providing  assistance  to 
vulnerable people stranded at the border and inside the country (see below).  

Situation in Member States and immediate EU response   

The  EU  offered  immediate  support  to  the  most  affected  Member  States,  providing  material 
support  through  the  civil  protection  mechanism,  deploying  EU  agencies  and  mobilising 
additional  funds  with  a  view  to  full  access  for  the  relevant  humanitarian  agencies  on  the 
ground. Political support was galvanised and visits by Commissioner Johansson to Lithuania 
in August and to Poland in September led to a number of measures, including a decision on 
emergency  aid  from  the  Asylum,  Migration  and  Integration  Fund  to  Lithuania  of  €36.7 
million. The grant provides for support to the implementation of asylum procedures and for 
reception conditions, including for vulnerable persons.  

Since July, the Commission  has  brought  together affected Member States, EU agencies, the 
EEAS  and  relevant  international  organisations  in  weekly  meetings  of  EU  Migration 
Preparedness  and  Crisis  Management  Network  (the  Blueprint  Network),  to  provide  high 
quality situational awareness and coordination to shape an effective response.  

Lithuania  activated  the  EU  Civil  Protection  Mechanism  (UPCM)  on  15  July  2021.  The 
Commission coordinated assistance from 19 Member States5 and Norway consisting of tents, 
beds, heating systems, electric generators, bedding, food-rations and other in-kind assistance. 
The  option  of  activating  the  UCPM  remains  open  to  Poland  and  Latvia,  with  each  country 
able  to  define  its  specific  needs.  The  Commission’s  Emergency  Response  Coordination 
Centre is in constant contact with Poland, Latvia and Lithuania to provide support as required.   

EU  Home  Affairs  agencies  have  also  been  deployed  since  July.  To  date,  104  Frontex 
officers,  73  EASO  experts,  two  Europol  Guest  Officers  and  one  analyst  are  deployed  in 
Lithuania.  In  addition,  Frontex  provided  patrol  and  transport  cars  as  well  as  helicopters  in 
Lithuania. Seven Frontex border police officers, one patrol car and one thermal vision vehicle 
as well as nine EASO experts (support officers and interpreters) are currently deployed at the 
Latvian border with Belarus. There is also a Europol specialist deployed in Poland as well as 

5   Austria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Italy, Latvia, Luxemburg, 

Malta, the Netherlands, Poland, Portugal, Slovenia, Slovakia, and Sweden and Norway. 

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three Frontex border guard officers who were present in Poland before this crisis. Frontex is 
also  supporting  Latvia  and  Lithuania  on  returns,  and  most  recently  received  a  request  for 
support from Poland.  

3.  TACKLING THE ONGOING CRISIS  

Action outside the EU 

-  Restrictive measures (sanctions) 

The  EU  reaction  to  the  instrumentalisation  of  migrants  by  the  Lukashenko  regime  follows 
increasing concern about Belarus flouting international norms, both in terms of repression of 
democracy and the forced landing of the Ryanair flight in May.6 Sanctions responding to the 
fraudulent elections and the crackdown on civil society and opposition, as well as to the flight 
diversion, have been progressively scaled up and a total of 166 individuals and 15 entities are 
now  designated  under  the  sanctions  regime.  This  is  complemented  by  a  comprehensive 
package of economic and financial measures against Belarus as well as a ban on the overflight 
of EU airspace and on access to EU airports by Belarusian carriers. 

These  measures  are  now  being  extended  as  a  specific  response  to  the  state-sponsored 
instrumentalisation  of  migrants  and  refugees  by  Belarus.  On  15  November,  the  Council 
amended  the  EU  sanctions  regime  regarding  Belarus  and  the  EU  is  now  also  able  to  target 
both individuals and entities organising or contributing to activities that facilitate illegal 
crossing  of  the  EU’s  borders.  Further  actions  may  be  applied  after  International  Civil 
Aviation Organisation (ICAO) investigations. 

The Council has also reached political agreement on a fifth package of listings to address the 
situation  at  the  border,  the  instrumentalisation  of  migrants,  and  the  continued  repression 
within  Belarus.  In  line  with  the  EU  gradual  approach  on  sanctions,  the  strengthened  legal 
framework will allow the EU to impose further measures against those who deliberately put 
people’s lives, health, and well-being in danger, and attempt to undermine the security of the 
EU’s external borders. Reacting to developments, the Commission is ready to propose further 
restrictive  measures  for  Council  discussion  to  curb  the  ability  of  the  Belarusian  regime  to 
instrumentalise migrants. 
A strong and uniform implementation of existing restrictive measures will step up pressure 
on the regime.7 These measures will yield considerable results, given the economic profile of 
some of the listed persons and entities. Information exchange among Member States and with 
the Commission is crucial to make sure that hidden economic ties are known  to all relevant 
national authorities, and that sanctions are fully implemented. The Commission and Member 
States have acted systematically to enforce the overflight restrictions over Belarus by EU air 

6   This flight diversion concerned an intra-EU flight and its objective was the arrest of a Belarus dissident and 
his partner, who reside permanently in an EU Member State. The Ryanair flight is flagged under Irish law. 
7   The listing of natural and legal persons, entities and bodies not only means the freezing of assets, funds and 
economic  resources  of  the  persons  and  entities  on  the  list,  but  also  of  assets  owned,  held  or  controlled  by 
them through non-sanctioned companies and intermediaries. It also means an obligation not to provide funds 
and economic resources which would benefit, directly or indirectly, the sanctioned persons, entities or bodies. 
This  prohibition  extends  to  cases  where  such  resources  would  be  indirectly  provided  through  owned  or 
controlled companies. 

4 

 
                                                           
services  operators.  In  response  to  implementation  questions  received  from  companies,  law 
firms and national authorities, the Commission will shortly propose further guidance.8  

-  Suspension of the Visa Facilitation Agreement  

On  9  November  2021,  the  Council  adopted  the  Commission  proposal  on  the  partial 
suspension  of  the  EU-Belarus  Visa  Facilitation  Agreement.  The  suspension  concerns 
government  officials  of  Belarus  (members  of  Belarus  official  delegations;  members  of 
Belarus national and regional Governments and Parliaments, Belarus Constitutional Court and 
Belarus Supreme Court). This means that Belarusian officials will have to submit the full set 
of  supporting  documents  on  each  visa  application,  the  issuance  of  multiple-entry  visas  will 
not  be  facilitated  and  they  will  not  be  entitled  to  the  waiver  of  the  visa  fee.  The  other 
provisions  of  the  Visa  Facilitation  Agreement  remain  in  force  and  facilitation  will  continue 
for the ordinary citizens of Belarus.  

-  Diplomatic Efforts  

Since the beginning of the crisis, the EU has been making full use of diplomatic tools at its 
disposal. Outreach has been conducted at both political and technical levels. President von der 
Leyen  highlighted  the  need  for  a  proactive  approach  in  announcing  that  Vice-President 
Schinas,  coordinating  with  High  Representative/Vice-President  Borrell,  would  travel  to  the 
main countries of origin and transit involved to prevent people falling into the trap set by the 
Belarus regime. 

On  30  July,  HRVP  Borrell  issued  a  declaration  on  behalf  of  the  EU  denouncing  the 
instrumentalisation  of  migrants  and  refugees  by  the  regime9  and  a  second  declaration 
identifying  the  situation  as  a  hybrid  attack  was  issued  on  10  November10.  The  Belarusian 
regime  has  been  subject  to  démarches  in  August  and  in  September.  HRVP  Borrell  called 
Foreign  Minister  of  Belarus  Makei  on  14  and  16  November,  raising  the  precarious 
humanitarian  situation  at  the  border  and  demanding  that  the  regime  stop  the  current  illegal 
and immoral practices.  

The issue of the state-sponsored  instrumentalisation of migrants  has  also  been addressed by 
the EU in the Organisation for Security and Cooperation in Europe and at the United Nations 
in both New York and Geneva. On 11 November, a closed UN Security Council meeting on 
the  situation  at  the  border  and  on  Belarus’  instrumentalisation  of  migrants  was  held  on  the 
request  of the EU.  The  G7 Foreign Ministers issued a statement on 18 November declaring 
solidarity with Poland, Lithuania and Latvia, and commended the actions of the EU working 
closely  with  countries  of  origin  and  transit  to  put  an  end  to  the  actions  of  the  Lukashenko 
regime. 

The Commission and the High Representative have stepped up visits to key partner countries 
of origin and transit. Authorities in partner countries have been alerted to the situation at the 
EU’s border with  Belarus, the risks of exploitation of their citizens and of people in transit, 
the  need  to  actively  inform  their  citizens  of  the  risks  and  dangers  of  irregular  migration  to 
Europe, and the potential for a negative impact on their relations with the EU. The importance 

8   The Commission has also put Belarus on the agenda of the Expert Group on Sanctions Implementation, and 

could set up a sub-group dealing with Belarus if the situation so requires. 

9   Declaration  by  the  High  Representative  on  behalf  of  the  European  Union  on  the  instrumentalisation  of 

migrants and refugees by the regime, 30 July 2021. 

10   Declaration  by  the  High  Representative  on  behalf  of  the  European  Union  on  the  situation  at  the  European 

Union border, 10 November 2021. 

5 

 
                                                           
 
of  cooperation  on  return  of  those  migrants  without  a  legitimate  right  to  stay  in  the  EU  has 
been underlined. President Von der Leyen has actively raised the matter at international level 
and  with  key  partners,  including  with  the  United  States.  In  early  September,  HRVP  Borrell 
visited Iraq, and in October Commissioner Johansson visited Turkey. Vice-President Schinas 
has recently visited Iraq, Lebanon, the United Arab Emirates and Turkey and will shortly visit 
Uzbekistan.  

Through  its  network  of  EU  Delegations  and  working  closely  with  Eurocontrol,  the  EU  has 
consistently monitored the situation to identify changes flight  patterns to  Belarus and detect 
the emergence of new routes. Partner countries have been asked to fight smuggling networks 
and  to  impose  tighter  controls  on  flights  and  passengers  to  mitigate  the  risk  of  irregular 
movement to the EU.  

The outreach has included direct contacts with airlines and civil aviation authorities. This has 
included discussions with the Arab Civil Aviation Organisation, exploring ways to help limit 
non bona fide travel to Belarus. 

EU  Member  States  have  also  reached  out  to  partner  countries  on  the  situation  at  the  EU 
border  with  Belarus  and  the  continued  instrumentalisation  of  migrants  by  the  Belarusian 
regime.    Joint  demarches  have  been  made  by  the  EU  Delegations  with    Member  States,  as 
well as  by Member States acting bilaterally in Kazakhstan, India, Georgia, Ukraine, Turkey, 
and Uzbekistan.  

The EU’s continuous engagement has led to results. Discussions with Iraq, in the light of 
the  Commission’s  proposals  under  Article  25a  of  the  Visa  Code  to  improve  cooperation  on 
readmission, have highlighted the imperative to strengthen cooperation on returns, including 
non-voluntary returns. Following the first dedicated outreach in July, by both HRVP Borrell 
and  Commissioner  Johansson,  the  government  of  Iraq  acted  swiftly,  with  a  suspension  of 
direct  flights  from  Baghdad  to  Belarus  in  August.  This  remains  in  place  today.  Following 
Vice-President Schinas’ visit, flights from Erbil transiting through third countries to Belarus 
were  also  stopped.  Iraq  has  further  investigated  smuggling  activities  and  has  closed 
Belarusian  honorary  consulates.  It  is  now  organising  repatriation  flights  for  Iraqis,  also 
supported by the Commission (see below). 

There have been several  other steps taken to  suspend flights  and impose tighter  controls  on 
flights and passengers in the course of November with the aviation authorities of a number of 
key states now declining to allow in particular Iraqi, Syrian, Afghan and Yemeni passengers 
to  travel  or  transit  to  Minsk.  Monitoring  of  the  implementation  of  these  decisions  will  be 
important.  

Intensive diplomatic effort will be required to prevent the exploitation of new routes with the 
risk that Belarus will seek to compensate by facilitating travel via new routes, especially from 
the East. The EU should continue to sensitise relevant partners about the risk of being drawn 
into  the  Belarus  strategy  as  a  hub  for  irregular  movements.  Strong  and  coherent  collective 
messaging  will  be  required  to  assure  these  partners  that  the  EU  will  support  preventative 
action, and also to make clear the potential negative consequences if this matter is not given 
the due attention and importance.  

-  Countering disinformation  

Information  manipulation  is  a  key  tool  used  to  instrumentalise  migrants.  There  is  clear 
evidence  that  the  situation  is  being  exploited  to  orchestrate  a  widespread  disinformation 
campaign  to  discredit  the  EU’s  international  reputation,  by  presenting  it  as  hostile  towards 
refugees.  The  same  campaign  portrays  the  Lukashenko  regime  as  meeting  the  legitimate 
wishes  of  people  wanting  to  migrate  and  aims  to  distract  attention  from  the  systematic 

6 

 
violation of human rights in Belarus.  Increased transparency and information campaigns are 
important to counter that narrative effectively. Access of media and civil society organisations 
is key so they can contribute to countering disinformation. 

Russian  state-controlled  media  outlets  are  constantly  present  at  the  Belarusian  border, 
alongside  their  Belarusian  counterparts.  This  ensures  that  manipulative  messages  are  spread 
internationally.  The  situation  is  aggravated  by  the  fact  that  independent  media  outlets  in 
Belarus have largely been shut down by the regime.  

The  EU  will  continue  to  provide  legal,  financial  and  other  support  for  the  independent 
Belarusian media, including its operations in exile. All EU delegations have been instructed to 
play  an  active  role  in  addressing  information  manipulation  issues.  EEAS  Stratcom  will 
information 
continue 
manipulation  efforts  by  the  Belarusian  and  Russian  state-controlled  media  on  the  migration 
issue, and share its analysis and monitoring with Member States and international partners via 
the Rapid Alert System.  

to  raise  awareness  and  publically  expose  disinformation  and 

-  Social media and combatting misleading information to migrants 

Social  media  has  played  a  key  role  in  stimulating  demand  for  the  services  of  migrant 
smugglers  and  raising  unrealistic  expectations  about  the  chances  of  entry  into  the  EU.  It  is 
also used as a logistical tool by migrant smugglers and between migrants in Belarus. Europol 
is  engaging  with  social  media  providers  to  encourage  platforms  to  play  a  part  in  disrupting 
communication.  

The  European  External  Action  Service  will  step  up  work  to  counter  false  and  misleading 
information  online,  focusing  on  where  migrants  exchange  information  and  Belarus  and 
migrant smugglers may stimulate demand for irregular migration. EU delegations will deploy 
dedicated communication material. 

The existing  Infomigrants  project  supports information and awareness  raising campaigns 
to over 50 million people available in six languages (French, Arabic, English, Bengali, Dari 
and Pashto).11 It conducts information campaigns through an online media portal providing on 
a single platform, news and information services for migrants and refugees in third countries, 
and is expanding direct engagement with migrants via Facebook Messenger. It offers reliable, 
verified  and  objective  information  to  counter  misconceptions  about  the  risks  along  the 
migration route and the quality of life abroad. Specific information now deployed on Belarus 
includes daily news coverage and direct engagement on the risks involved. Migrants trapped 
at the Belarus borders have been able to contact InfoMigrants to warn others not to embark on 
a journey and making clear that there is no guarantee of asylum.  

Through  an  EU  funded  project,  the  International  Centre  for  Migration  Policy  Development 
(ICMPD)  provides  information  to  potential  migrants  in  Asia  on  the  options  for  legal 
pathways,  as  well  as  on  the  risks  connected  to  irregular  migration.  The  dedicated  centre  in 
Iraq has rapidly scaled up its activities to discourage further departures towards Belarus. The 
campaign  has  been  carried  out  with  individual  outreach,  messages  on  social  media  and 
television campaigns. 

-  Stepping up humanitarian support in Belarus 

With some possibilities to provide humanitarian support for stranded migrants in Belarus now 
being  created,  the  EU  has  recently  been  able  to  channel  direct  support  to  the  situation  in 

11   This will be extended under AMIF in 2022. 

7 

 
                                                           
Belarus. This includes the immediate allocation of €200 000 to the International Federation of 
Red Cross and Red Crescent Societies (IFRC) as part of the EU's overall contribution to the 
Disaster Relief Emergency Fund, managed by the IFRC. This immediate EU funding supports 
the  IFRC  and  its  national  society,  the  Belarus  Red  Cross,  to  deliver  much  needed  relief 
assistance, including food, hygiene kits, blankets, and first aid kits.  

The  Commission’s  Small  Scale  Tool  has  also  been  activated  with  €500  000  available  for 
international  organisations  such  as  IOM,  UNHCR,  IFRC  to  provide  emergency  assistance. 
This  can  provide  lifesaving  assistance  to  the  most  vulnerable  people  stranded  at  the  border, 
including food and water, non-food items (blankets, clothing, baby items) and health support, 
and preparing for winterisation. The Commission is currently in contact with its humanitarian 
partners on the implementation  of these funds.  It  is  imperative that  they  have the necessary 
access to the people in need. 

The Commission stands ready to provide additional humanitarian funding, to the UNHCR 
and  IOM  among  others,  to  respond  to  clearly  established  humanitarian  needs,  should  the 
access for humanitarian partner organisations further improve.  

-  Flights to return those stranded in Belarus 

A humane response to the crisis includes helping people to return home where possible. There 
is  already  evidence  that  many  people  are  ready  to  return  to  their  countries  of  origin.  The 
Commission  will mobilise up to  €2.5 million to facilitate assisted voluntary returns.  This 
will  cover  the  costs  of  return  and  reintegration  to  countries  of  origin,  as  well  as  essential 
humanitarian, medical, and legal support while on the territory of Belarus. 

A  flight  with  432  Iraqis  on  board  left  Minsk  for  Baghdad  on  18  November. The  Iraqi 
authorities have requested help with such returns. In response, the Commission will mobilise 
additional  funds  of  around  €1  million  to  support  voluntary  return  and  reintegration  in 
cooperation  with  the  IOM.  Altogether,  this  means  the  Commission  will  provide  up  to  €3.5 
million to support voluntary returnees from Belarus. 

In  addition,  further  funding  through  the  new  budgetary  instrument  NDICI-Global  Europe 
will support Iraq in stepping up its cooperation with the EU in addressing common migration 
challenges, with a priority given to preventing irregular migration, developing cooperation on 
return,  readmission  and  reintegration,  addressing  the  root  causes  of  irregular  migration  and 
forced displacement, providing assistance and protection to refugees in the country and better 
organising labour migration.  

At the border/inside the EU 

-  Border management, asylum, and return  

EU funding can give further support to the most affected Member States, drawing upon the 
Asylum,  Migration  and  Integration  Fund  (AMIF)  and  the  Border  Management  and  Visa 
Instrument  (BMVI).  While  the  Member  States  have  received  allocations  for  national 
programmes, the two funding instruments also each establish a Thematic Facility. This funds 
priorities  at  EU  level,  including  emergency  assistance  for  urgent  and  immediate  needs  and 
support to Member States under migratory pressure.  

This has already been drawn upon for the €36.7 million in emergency aid now under way in 
Lithuania. This programme shows how the EU can help to address a wide variety of financial 
and operational needs, from operating equipment and border surveillance systems to transport 
for border guards. It can help with the quality and availability of reception centres, as well as 

8 

 
the  transport  of  migrants,  and  to  build  up  dedicated  facilities  to  support the  vulnerable. The 
Commission is in dialogue with Lithuania, Poland and Latvia about the extent of this funding 
and how it can help, based on a full needs assessment. In addition to the €360 million foreseen 
for these Member States under the BMVI for this financial period, a further top-up of around 
€200 million will be available for 2021 and 2022.   

The  EU  has  also  offered  support  from  its  agencies  to  Latvia,  Lithuania  and  Poland,  as  the 
three  Member  States  being  targeted  by  Belarus.  This  is  already  being  shown  through  the 
deployment  of  experts.  The  agencies  can  now  provide  a  further  step  forward  in  operational 
support and it is important for the three Member States to make full use of that support.  

As  well  as  responding  to  a  substantial  request  for  deployment  in  Lithuania  in  particular, 
Frontex’s  current  support  includes  a  24/7  Situation  and  Crisis  Monitoring  services  and 
operational information exchange. Other options include the provision of equipment, capacity 
building and training to national border guards, and targeted information and risk analysis,12 
as well as the deployment of the Standing Corps. 

Frontex’s  new  mandate  offers  considerable  opportunities  to  go  a  step  further  in  support  of 
border control activities, including screening and return operations. It opens the door to much 
clearer operational coordination. For example, on a request from a Member State, the Frontex 
executive  director  can  launch  a  rapid  border  intervention  and/or  return  intervention  on  the 
territory of the host Member State concerned. This would allow an organised and resourced 
intervention  at  EU  level.  It  is  important  for  all  Member  States  to  be  ready  to  respond  with 
equipment and personnel in line with the Agency’s new mandate.  

The  European  Asylum  Support  Office  (EASO)  is  providing  operational  support 
to Lithuania 
to 
of 
handling 
to accelerate 
also 
line  with  EU 
improve reception conditions 
supporting Latvia with interpretation  and  capacity  building  measures.  Further  support  could 
focus  on  registering  and  processing  applications  in  the  most  effective  way,  to  ensure 
screening of vulnerable migrants, supporting the management, design and putting in place of 
adequate standards of reception facilities. 

asylum applications and 
is 

standards. 

EASO 

the 

in 

As regards returns, the Commission, Frontex and IOM have been working with Lithuania to 
reinforce return capacity. Poland has also asked for Frontex support in conducting returns. EU 
solidarity with the three Member States affected will continue to include support for returns to 
countries of origin, and this has already resulted in substantial numbers of return operations.  
EU  action  will  focus  not  only  on  technical  and  operational  support,  but  also  on  outreach  to 
Iraq  and  other  third  countries  to  ensure  returnees  will  be  accepted,  and  that  the  necessary 
authorisations are given for charter flights.    

This  work  will  be  stepped  up  with  tailor-made  support  to  all  three  Member  States.  Frontex 
support  can  involve  deployment  of  return  specialists  and  the  organisation  of  identification 
missions, as well as the chartering of flights for returns. 

Moreover, in  addition to the operational support that is being provided and could be further 
stepped up, the Commission is working on a proposal for provisional measures in the area of 
asylum  and  return,  based  on  Article  78(3)  of  the  Treaty  on  the  Functioning  of  the 
European Union. This follows the invitation of the European Council to the Commission to 

12   For  example,  the  EUROSUR  Fusion  Services  offering  risk  analysis  and  targeted  information  for  potential 

departure or transit areas for irregular migration. 

9 

 
                                                           
propose any necessary changes to the EU’s legal framework and concrete measures to ensure 
an immediate and appropriate response in  line with  EU law and international  obligations.  It 
also  responds  to  a request  by the impacted Member States  to  be able to  rely  on provisional 
measures  to  address  the  emergency  migratory  situation  at  the  EU’s  external  borders 
effectively.  Those  measures  would  aim  to  further  support  Latvia,  Lithuania  and  Poland  in 
managing  the  current  situation  in  a  controlled  and  swift  manner,  while  fully  respecting 
fundamental rights and international obligations. 

- Tackling smuggling  

The  strategy  of  the  Belarusian  authorities  –  of  first  drawing  migrants  to  Belarus,  and  then 
pushing  them  to  irregular  crossing  of  the  EU  external  border  and  potential  secondary 
movement  –  depends  on  the  smuggling  economy  that  encourages,  facilitates  and  monetises 
the situation of those who can be lured on false pretences.  

Europol provides round the clock support to criminal investigations by the European Migrant 
Smuggling Centre (EMSC), and facilitates operational information exchanges within the Joint 
Liaison Task Force Migrant Smuggling and Trafficking in Human Beings at Europol, which 
meets  on  a  weekly  basis.  The  agency  also  undertakes  open  source  monitoring  and  support 
through  its  Internet  Referral  Unit  to  Member  States  making  referrals.  Europol’s  ongoing 
support to the Member States concerned includes secondary security checks and other cross 
checks  focused  on  cases  of  facilitation  of  smuggling,  including  unauthorised  secondary 
movements. This work can be stepped up through the deployment of experts, cross-checking 
of  information  against  data  held  at  Europol,  internet  monitoring,  and  facilitating  rapid  and 
secure  information  exchange  between  Member  States.  The  Belarus  situation  could  be 
prioritised to result in tailored analysis, such as threat assessments and situation reports. 

The  Commission  has  recently  proposed  a  renewed  EU  Action  Plan  against  migrant 
smuggling  (2021-2025)13,  which  recognises  the  new  phenomenon  of  instrumentalisation  of 
migrants for political purposes and the need to protect the EU external borders as a result. The 
joint implementation of the EU and its Member States of key aspects of the action plan will 
provide a more effective response to changing patterns and evolving routes, strengthening the 
sanctioning  of  migrant  smugglers,  law  enforcement  and  judicial  cooperation  as  well  as 
preventing the exploitation of migrants and ensuring respect for their rights.  

Elements that could be quickly deployed include Common Operational Partnerships to pursue 
the  investigation  and  prosecution  of  criminal  smuggling  networks,  including  support  to 
specialised  investigative  units  in  partner  countries,  especially  in  the  countries  most  closely 
involved  in  flows  to  Belarus.  Supporting  partners  in  establishing  solid  legal  frameworks  to 
fight  smuggling,  as  well  as  in  practical  implementation,  is  central  to  developing  Joint  Anti-
Smuggling Operational Partnerships. 

4.  PREVENTION: ACTION TO ADDRESS INSTRUMENTALISATION 

 State-sponsored  instrumentalisation  of  migrants  should  be  recognised  as  a  significant  new 
threat  and  be  included  in  the  EU  Security  Union  work-strands  as  well  as  taken  up  widely 
within  the  global  community.  The  EU’s  diplomatic  activities  are  raising  awareness  of  the 
phenomenon both among the EU’s partners and in multilateral fora. Efforts will continue to 
build a global consensus that human beings must not be used as pawns in the political power-
play of unprincipled actors. It is in the common interest of both countries of destination, but 

13   COM(2021)591 final. 

10 

 
                                                           
also of countries of transit and origin, to avoid this pattern being repeated. The Commission 
and Member States should work together to reach out to key international bodies such as the 
International  Civil  Aviation  Organisation  (ICAO)  to  take  action  against  migrant  smuggling 
and state-sponsored instrumentalisation of people. 

Inside the EU, the New Pact on Migration and Asylum is already seeking to provide the EU 
with the comprehensive legal and institutional framework required, tackling the vulnerability 
created  by  the  lack  of  a  common  effective  and  fair  system.  It  is  crucial  that  the  European 
Parliament and the Council advance on the negotiations.  

The  issue  of  instrumentalisation  needs  to  be  factored  into  this  approach,  and  the 
Commission’s  forthcoming  proposals  to  reform  the  Schengen  Borders  Code  will  include 
strengthening the EU’s legal framework to  give better tools to Member States to protect the 
external  borders  in  situations  of  instrumentalisation,  while  ensuring  full  respect  for 
fundamental rights. They will also contain measures that will help those Member States who 
see  unauthorised  movements  of  migrants  including  the  repercussions  of  instrumentalisation 
far away from the external border.  

Another  specific  aspect  to  be  addressed  is  transport.  As  a  tool  for  migrant  smuggling,  it  is 
essential  to  involve  transport  operators  closely  in  preventing  and  combatting  the  smuggling 
routes  inherent  in  instrumentalisation.  The  same  approach  is  needed  to  combat  the  criminal 
networks behind human trafficking. Many transport operators already have policies in place to 
avoid  becoming  an  accessory  to  crime  and  the  international  transport  organisations  and 
industry associations have developed Guidance material for their members.14  

However, such policies are not universal, and where they do exist, they are not always well 
implemented.  Recent  events  could  not  have  taken  place  without  certain  transport  operators 
knowingly  or  unknowingly  contributing  to  –  and  in  some  cases  benefiting  from  –  the 
exploitation  of  people,  with  a  vast  humanitarian  toll  and  at  high  cost  to  the  security  of  the 
EU’s external borders and stability in the region. Participating in such activities or facilitating 
them  may  constitute  criminal  offences  under  national  provisions  implementing  the  Protocol 
against  the  Smuggling  of  Migrants  by  Land,  Sea  and  Air  and  the  Protocol  to  Prevent, 
Suppress and Punish Trafficking in Persons, Especially Women and Children.   

To  ensure  that  the  EU  has  the  appropriate  tools  to  combat  migrant  smuggling  and  its 
instrumentalisation  for  political  purposes,  as  well  as  to  tackle  human  trafficking,  more 
targeted  legislation  is  required  to  directly  address  transport  operators  that  engage  in  such 
operations or other serious crimes in relation to the facilitation of illegal entry into the EU.  

The  Commission  is  tabling  today  a  proposal  to  prevent  and  restrict  the  activities  of 
transport  operators  that  engage  in  or  facilitate  smuggling  or  trafficking  of  people  into 
the EU.  

The  proposal  would  provide  a  legal  framework  allowing  the  EU  to  adopt  preventive  and 
protective  measures  against  transport  operators  of  any  mode  of  transport  (land,  air,  inland 
waterways and sea) which engage in, or facilitate, smuggling or trafficking of people into the 
EU.  Measures  taken  should  be  necessary  and  proportionate  in  view  of  the  particular 
circumstances  of  each  case.  They  could  include  the  suspension  or  limitation  of  current 

14   Protocol  against  the  Smuggling  of  Migrants  by  Land,  Sea  and  Air,  Supplementing  the  United  Nations 
Convention against Transnational Organized Crime; ICAO Guidelines for Reporting Trafficking in Persons 
by Flight and Cabin Crew; IATA Resolution denouncing trafficking in persons; IATA Guidance on Human 
Trafficking; IMO Interim measures for combating unsafe practices associated with the trafficking, smuggling 
or transport of migrants by sea.  

11 

 
                                                           
operations,  the  suspension  of  operating  licenses,  prohibition  to  overfly  the  EU,  to  make 
technical  stops  or  to  call  on  EU  ports,  or  prohibition  to  operate  to  and  from  the  EU.  The 
effectiveness of measures will depend to a large extent on their swift deployment. Measures 
will therefore be adopted swiftly by the Commission based on appropriate evidence and after 
allowing the transport operators involved to exercise their right to be heard.  

5.  CONCLUSION  

Determined  and  comprehensive  action  against  the  Belarus  strategy  of  state-sponsored 
instrumentalisation of migrants is starting to  yield results. A concerted diplomatic effort has 
started  to  cut  off  opportunities  for  migrant  smuggling  to  Belarus.  The  consequences  for 
Belarus  and  for  the  facilitators  of  smuggling  are  becoming  ever  clearer.  Support  to  the 
Member  States  most  affected  is  being  stepped-up.  There  needs  to  be  a  strong  focus  on  the 
humanitarian needs of people now stranded, including work to help their return home.    

At the same time, faced with an attempt at creating a continued and protracted crisis, the EU 
is standing strong with its Member States and making clear that under no circumstances will it 
tolerate  attempts  to  undermine  or  destabilise  its  democratic  values  and  societies.  This  is 
central to our mission of ensuring a secure and democratic Europe through initiatives such as 
the  Security  Union  and  the  Strategic  Compass.  There  is  first  and  foremost  a  humanitarian 
imperative to act decisively now to alleviate the situation at the borders of Belarus as well as 
moral  duty  to  prevent  such  unscrupulous  actions  being  replicated.  The  European  Union  is 
therefore building a global coalition against the use of people as political pawns. 

Overall, the EU’s  response to  the  Lukashenko regime’s aggressive actions  demonstrates the 
need for a holistic approach to fighting hybrid threats and mitigating their potential impact on 
the security of the EU and of its citizens. Looking forward, the EU needs an appreciation of 
the  wider  challenge  of  developing  capabilities  to  address  hybrid  threats,  complemented  by 
specific tools able to be used as required now and in the future.  

12