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Reply to Recommendation | Doc. 12482 | 24 January 2011
Voluntary return programmes: an effective, humane and cost-effective mechanism for returning irregular migrants
1. The Committee of Ministers has examined
Parliamentary Assembly Recommendation
1926 (2010) on “Voluntary return programmes: an effective, humane
and cost-effective mechanism for returning irregular migrants”,
which it has brought to the attention of the members states’ governments.
It has also communicated it to the European Committee on Migration
(CDMG) and to the European Committee on Legal Co-operation (CDCJ),
the comments of which have been taken into account in the present
reply.
2. The Committee of Ministers shares the view of the Parliamentary
Assembly that programmes of voluntary return programmes for irregular
migrants can be a positive and effective mechanism to secure their orderly
and dignified return. It recalls, as stated in its “Twenty guidelines
on forced return”, adopted by the Committee of Ministers in May
2005, that measures should be taken to promote voluntary returns,
which should be preferred to forced returns and that if necessary
such programmes should be regularly evaluated and improved upon.
3. The Assembly will be aware that voluntary return programmes
exist in many member states of the Council of Europe, though due
to different national contexts and circumstances, these programmes
vary in their structures and content. Whilst it acknowledges that
there would be some benefit to be gained in sharing information
and good practices on voluntary return programmes, also on bilateral
bases, the Committee of Ministers does not support the proposal
to prepare guidelines on voluntary return in the framework of the Council
of Europe’s activities. Other organisations, such as for example
the International Organisation for Migration (IOM), have worked
extensively on this subject and possess considerably greater expertise
to carry out such a task. The Committee of Ministers considers it
preferable that the Council of Europe express its readiness to bring
its expertise, and in particular a human rights perspective, to
any activity in this area which may be carried out by another organisation
in the future.
4. Finally, the Committee would underline that human rights must
always be protected in any return process, whether it consists of
readmission or voluntary return. In this respect, it would also
signal that it has recently adopted guidelines on child-friendly
justice which recommend special protection and assistance for the
most vulnerable children including refugee, migrant, asylum seeking
and unaccompanied children.