Unpacking the “Migrant Instrumentalization” Narrative: Law and Politics of Refugee Exclusion at the EU-Belarus Border

This paper offers a critical analysis of the concept of migrant instrumentalisation in the context of the EU-Belarus border crisis, which began in 2021 amid an increase of irregular crossings allegedly orchestrated by Belarus to exert pressure on the European Union. In response, Latvia, Lithuania, and Poland introduced severe restrictions on the right to seek asylum and institutionalised pushbacks, contravening EU and international human rights obligations. The paper examines the legal and political ramifications of these measures, highlighting how the invocation of migrant instrumentalisation and hybrid threats has been used to justify significant derogations from fundamental refugee protections and to reshape EU migration governance. Drawing on comparative legal analysis and fieldwork, the paper critically engages with prevailing narratives around migrant instrumentalisation, highlighting discrepancies between official accounts and the realities on the ground. The findings contribute to a broader understanding of how the notion of
migrant instrumentalisation has been instrumentalised itself – serving to legitimise the erosion of human rights and the rule of law across both national and EU-level frameworks.