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Resolution 1742 (2010) Final version
Voluntary return programmes: an effective, humane and cost-effective mechanism for returning irregular migrants
1. The Parliamentary Assembly has
regularly expressed concerns over the need to deal with the number of
irregular migrants in Europe. It is estimated that there may be
about 10 million irregular migrants living in Europe, with about
500 000 additional irregular migrants entering or whose situation
becomes irregular every year. The Assembly recognises that many
of these people will have to leave Europe and have a responsibility to
do so. Some, however, may not be able to meet this obligation on
their own and may need assistance.
2. The return of irregular migrants is an economic, social and
political priority for many European states. Two types of return
are possible. The first is forced return, which often entails lengthy
detention, considerable expense for the state concerned and, for
the people and families concerned, suffering and hardship. The second
is a much more humane type of return in the form of assisted voluntary
return and reintegration, which allows primarily failed asylum seekers
and irregular migrants the possibility of returning home in dignity.
In certain circumstances, where reintegration assistance is provided,
it also ensures a sustainable return and is substantially cheaper
than forced return for host countries. In the United Kingdom, for
example, a voluntary return, including reintegration assistance,
costs only one third as much as a forced return.
3. Assisted voluntary return programmes also have other benefits.
For countries of origin they are politically and socially more acceptable.
Indeed, many countries of origin refuse, or make it difficult for
their own nationals to be returned against the individual’s will.
In these circumstances assisted voluntary return for a host country may
be the only realistic return option. There are also other important
spin-off benefits from assisted voluntary return programmes. When
reintegration assistance is provided, it contributes to a more sustainable
return, limiting the likelihood of the returnee seeking to leave
the country of origin on another occasion. It also provides a form
of development aid to the country and region concerned, and many
returnees who have been supported in setting up small-scale businesses
progress well and end up employing others. A person who returns voluntarily
also sends a strong message to family, friends and other contacts,
that irregular migration is not the dream it is often advertised
to be. The returnee can thus be a powerful advocate against irregular
migration.
4. The Committee of Ministers of the Council of Europe, in its
20 Guidelines on Forced Returns, adopted in May 2005, has already
concluded that “The host state should take measures to promote voluntary
returns, which should be preferred to forced returns.” Much more
emphasis, however, needs to be put on assisted voluntary returns
by member states of the Council of Europe. The member states and
the Committee of Ministers of the Council of Europe should continue
to promote these schemes.
5. Assisted voluntary returns have now been carried out across
the world for almost three decades and more than 1.6 million people
have returned to over 160 countries. Member states such as the United
Kingdom have helped over 30 000 people return in this way during
the period from 1999 to 2009. All experience points to the fact
that very few returnees re-migrate, which is an indication of the
effectiveness and sustainability of the programmes that have been
run.
6. The main international organisation working on the issue of
assisted voluntary returns is the International Organization for
Migration (IOM). It works closely with governments, other international
organisations, non-governmental organisations (NGOs), civil society
and diaspora. In some countries it is the main implementer of these
programmes, in other countries it shares this role with a government
office, and in yet other countries it has little involvement. The
Assembly welcomes the IOM’s contribution to the process of assisted
voluntary returns and congratulates it for its achievements in the
field.
7. The Assembly notes that in order for an assisted voluntary
return programme to be effective it has to be able to reach out
to the community concerned and have the trust and confidence of
those considering return. It is therefore essential that independent
advisers, such as the IOM and civil society partners, including
NGOs, be involved.
8. The Assembly notes that assistance must be considered at three
stages of the return process. First, it is required at the pre-departure
phase, when independent counselling and information on the country
and region of origin must be provided and identity documents have
to be sorted out. It is also required at the transportation phase,
when travel expenses can be met and assistance offered at the airport
and other travel points. Thirdly, it is required at the post-arrival
stage. If returnees face the same problems they faced when they left
their country of origin, they are likely to leave again. It is therefore
important that some form of reintegration assistance in kind is
offered to returnees – which may include temporary housing, education,
vocational training, assistance in setting up small businesses or
job placements – and that this reintegration and assistance is monitored.
9. In the light of the important role that assisted voluntary
return programmes play in managing irregular migration, the Assembly
calls on member states to:
9.1. give
much greater priority to promoting assisted voluntary returns, using
the good offices of the International Organization for Migration.
In doing this, member states are encouraged to:
9.1.1. develop
outreach plans for the communities most concerned and develop awareness-raising
campaigns promoting assisted voluntary returns, involving the communities
and diasporas concerned, and make full use of publicity materials
(translated into all appropriate languages), advertising in national
and local papers, radio and television;
9.1.2. favour tailored approaches to assisted voluntary return
programmes with individual or family plans, providing assistance
in the three following areas:
9.1.2.1. pre-departure, when
potential returnees can benefit from counselling, receive country/region
of origin information and have contact with people in their home towns
or localities, thereby allowing them to make an informed decision
as to whether voluntary return is the best option for them. They
should also be assisted in obtaining travel and identity documents;
9.1.2.2. transportation, where they can be provided with travel
tickets and be assisted in their travel, including at points of
departure and arrival. Further assistance can be provided depending
on their needs, such as if they are vulnerable people with special needs
(such as people with medical problems, minors or victims of trafficking);
9.1.2.3. post-arrival, to ensure the return is sustainable. This
could include temporary housing, education, vocational training,
assistance in setting up small businesses or job placements. This
assistance should be monitored and evaluated.
10. Member states are also encouraged to:
10.1. ensure that assisted voluntary return programmes are indeed
voluntary, that consent is not obtained from candidates under pressure
or blackmail and that returnees have access to independent and impartial
actors in the return process to be able to make free and informed
decisions. Confidentiality and anonymity should be guaranteed at
the beginning of the process; otherwise, potential returnees will not
come forward to examine assisted voluntary return as an option;
10.2. ensure that a balance is provided between assistance given
in cash and assistance given in kind;
10.3. include the widest possible range of beneficiaries, such
as asylum seekers, failed asylum seekers, irregular migrants, people
in transit and people who may be held in detention;
10.4. ensure that assisted voluntary return never jeopardises
the right of an asylum seeker to claim asylum and protection;
10.5. distinguish between assisted voluntary returns for irregular
migrants and what can be described as independent return of convicted
prisoners from prisons;
10.6. take particular account of the needs of vulnerable migrants,
in particular:
10.6.1. unaccompanied minors, where the needs
and wishes of minors and the opinion of the guardians have to be
taken into account. Contacts with family members in the country
of origin have to be assured. Minors may have to be accompanied
on the return journey and reception in the country of origin has
to be organised. This reception must include reintegration assistance together
with possible education and other support for the minor, and possible
income generation support for the family of the minor;
10.6.2. people with health problems who may require medical assistance
during the return process and who will need information on health
care availability and institutions following their return, and to
ensure that proper medical support is available and accessible in
the country of origin;
10.6.3. victims of human trafficking whose vulnerability needs
to be taken into account. These people may need to have close contacts
with support agencies in their home country and receive psychological,
legal or medical support, as well as support in finding a job or
continuing their education or training;
10.7. encourage independent monitoring of the outcome of assisted
voluntary returns and the reintegration of those people concerned,
in particular those categorised as vulnerable.
11. Furthermore the Assembly also considers that member states
should:
11.1. fund and support fully
the IOM in its work on assisted voluntary returns;
11.2. encourage and support NGOs and diasporas to contribute
to the process of assisted voluntary return;
11.3. encourage more academic studies on assisted voluntary
returns and their effectiveness;
11.4. remove or reduce obstacles to assisted voluntary return
programmes, including insufficient reintegration support and penalising
re-entry bans, which act as one of the major disincentives for candidates
when considering assisted voluntary return programmes.
12. The Assembly invites the European Union to continue to fund
assisted voluntary return programmes through programmes such as
the European Refugee Fund (phase III), the European Return Fund
(2008-13) and the External Border Fund (2007-13), and also to include
assistance in future funds.
13. The Assembly encourages the IOM to continue its work on assisted
voluntary return, and in particular to provide even greater access
to country/region of origin information for potential returnees
and information on the return schemes available. The IOM is also
encouraged to improve monitoring, including independent monitoring,
of reintegration following return, in particular for women and vulnerable
people.