Rethinking ‘regional processing’ in Europe: lessons from the Comprehensive Plan of Action (CPA) for indochinese refugees

Abstract

ABSTRACT Since the Syrian refugee crisis in 2015–2016, debate has persisted over the creation of more accessible legal pathways for asylum seekers to reach Europe, particularly during large-scale and protracted refugee situations. This has included the possibility of the European Union processing the protection claims of asylum seekers in transit countries or regions of origin before they reach Europe. Assuming that such arrangements are made without prejudice to the right to claim territorial asylum in Europe or elsewhere, in theory, regional processing could help reduce the risks associated with the onward movement of asylum seekers and migrants and facilitate more predictable movements of people during large-scale refugee situations. But what could or should a ‘regional processing’ framework entail for it to be compatible with international human rights law principles? This paper considers this question by drawing practical insights from the Comprehensive Plan of Action for Indochinese Refugees, which was the first international attempt to introduce region-wide processing during the Indochinese refugee crisis in the 1970s–1980s. Through an evaluation of the Plan, this paper explores how ‘regional processing’ might be re-conceptualised to expand protection pathways to Europe and inform a protection-orientated approach to international cooperation on asylum and migration.