Print
See related documents
Reply to Recommendation | Doc. 12562 | 07 April 2011
Readmission agreements: a mechanism for returning irregular migrants
1. The Committee of Ministers notes with
interest Recommendation
1925 (2010) on “Readmission agreements: a mechanism for returning
irregular migrants”, which has been transmitted, for comments, to
the Steering Committee for Human Rights (CDDH) and the European
Committee on Legal Co-operation (CDCJ).
2. The Committee of Ministers observes that a large number of
member states have concluded readmission agreements among themselves
or with “third countries” either bilaterally or, where applicable,
at the European Union level, in order to facilitate the rapid readmission
of persons in an irregular migration situation to their country
of origin or transit. These readmission agreements generally define
the reciprocal obligations, procedures and deadlines for readmission
procedures. Accordingly, they constitute one of the key components
of the migration management policy of the countries concerned.
3. The Committee of Ministers takes note of the Assembly’s recommendations
that member states ensure that the human rights of irregular migrants
and asylum seekers are respected and protected in the context of negotiating
and implementing readmission agreements. It encourages member states
to ensure in particular that the recommendations based directly
on the instruments adopted by the Council of Europe are put into practice.
In this context, it draws attention to the Guidelines on human rights
protection in the context of accelerated asylum procedures adopted
at its 1062nd meeting (1 July 2009). Although these guidelines relate primarily
to accelerated asylum procedures, they also contain relevant principles
for the situation of irregular migrants and asylum seekers. This
is true, in particular, of Guideline V “The safe country of origin
concept”, Guideline VI “The safe third country concept” and Guideline
VII “Non-refoulement and return”. Account should also be taken of
Recommendation Rec(97)22, adopted by the Committee of Ministers
at its 609th meeting (25 November 1997), which sets out guidelines
on the concept of safe third country. The Committee of Ministers
also draws attention to the Twenty Guidelines on forced return adopted
at its 925th meeting (4 May 2005), which brings together all the
standards and guidelines drawn up in the Council of Europe applicable
in this field and identifying best practice. The first of the Twenty
Guidelines calls on member states to promote voluntary return.
4. The Committee of Ministers refers to the general principle
whereby an individual may not be subject to a return measure unless
that measure was consistent with the obligations falling to the
state in question under the European Convention on Human Rights
or other relevant international treaties, such as the Geneva Convention
relating to the status of refugees, even where there is a readmission
agreement between the states concerned. It refers to the relevant
case law of the European Court of Human Rights concerning measures
to deport aliens and, in particular, the case law developed in respect
of Articles 3 and 8 of the Convention.
5. The Committee of Ministers informs the Assembly that at present,
in view of the budgetary context and the reform process currently
taking place, it is not able to respond positively to the request
that it define criteria for the selection of countries (3.1) and
draw up guidelines on how to negotiate and implement readmission agreements
(3.2). Furthermore, it notes that the various principles and instruments
referred to in this reply already provide to governments of member
states a framework for negotiating and implementing readmission agreements.