Several terms, words, qualifiers or expressions surround the notion of migration. Among these expressions is “border governance.” If some may know the meaning, it is not obvious to others. What does this notion refer to? What purpose does it serve? Is border governance legal? Is it effective?

What does border governance refer to?

According to the International Organisation for Migration (IOM), Border Governance refers to  “laws, policies, plans, strategies, action plans and activities concerning the entry of persons into the territory of a State and the exit of persons from the territory of a State. It includes, inter alia, detection, rescue, interception, screening, identification, reception, detention, or removal, as well as related activities such as training, technical, financial and other assistance, including that provided to other States.”

Researcher and professor of sociology at the Université de Sorbonne Paris Nord, the Franco-Swiss, defines border governance in a book entitled “Good border governance?” and published in 2010, as “Better Border Management”.

The African Union (AU), in a document entitled African Union Strategy for Better Integrated Border Governance, agrees, giving more details. According to the document, borders in Africa do not simply require better management. “Moreover, they need a framework and a strategy for their governance. While management is simply about the implementation of a system or set of rules, governance refers to the whole system, including the norms, institutions and collaborations of the state, society and non-state actors,” it points out.

What purpose does border governance serve?

The African Union in its vision of having  a “continent with peaceful, prosperous and integrated borders that establish peace, security, stability and economic and social development”  seeks to “implement a new form of pragmatic border governance aimed at promoting peace, security and stability,  in order to facilitate the process of integration and sustainable development in Africa”. 

One of the purposes of the AU’s border governance is the “prevention and elimination of cross-border security threats such as terrorism, violent extremism, and other transnational crimes such as the transportation of illegal goods across borders, including the circulation of counterfeit currency, drugs, weapons and human trafficking; illegal migration, illegal exploitation and destruction of natural resources; and cattle smuggling and theft.

The assumption of the Strategy is that all strategic priorities are interdependent and that strengthening border governance on the continent requires that all be addressed. Particular emphasis should be placed on promoting the legitimate free movement of people, goods and services, to deepen continental integration and create wealth. Decisive action must be taken for the socio-economic development of border areas in order to strengthen human security and solve humanitarian problems. To succeed, these efforts require the full participation of communities and the development of government capacities to respond effectively.”

In the magazine “Plein droit” published in 2010 on pages 24 to 27, Antoine Pécoud reviewed the main objectives as “to facilitate formalities for bona fide travelers by offering them a welcoming and efficient system of access to the country” and “to hinder access for individuals seeking to circumvent migration laws and deter them from entering the country”. 

Is it effective?

IOM, in an issue paper on border management, said it was “aware of the consequences of ineffective and inefficient border management structures”. According to them, governments should continue to invest in border management reform and capacity building in border and migration management structures and procedures.”

Dr. Evariste Djimasdé is a specialist in human rights and international criminal justice, it is certain that “despite the measures, we cannot prevent migration which is as old as the world. The Bible speaks eloquently of this.”

Is border governance legal?

IOM also stated in  the issue paper that “With regard to strengthening border management to combat transnational organised crime and terrorism, the United Nations has adopted several resolutions, conventions and protocols that provide an international legal basis for rigorous identity management, better integrated border management,  and the operation of border management information systems”.

The African Union (AU) developed in June 2020 the “African Union Strategy for Better Integrated Border Governance”