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Resolution 1805 (2011)
The large-scale arrival of irregular migrants, asylum seekers and refugees on Europe’s southern shores
1. The uprisings in Tunisia, Egypt
and Libya during the course of this year have brought about important and
brave political changes on Europe’s southernmost borders. These
changes have, however, created a new wave of desperate people taking
desperate measures to cross the Mediterranean to flee danger or
economic hardship.
2. So far this year, over 23 000 people have arrived from Tunisia
in precarious vessels on the small Italian island of Lampedusa,
which has a winter population of only 5 000 inhabitants. The vast
majority of these arrivals have been irregular migrants fleeing
for economic reasons.
3. In the last two weeks, the first boats have started to arrive
from Libya. Over 1 000 people reached Malta and almost 900 landed
in Italy. Without wanting to be alarmist, it is clear that many
more could follow, considering that 460 000 people have already
fled Libya and sought refuge, mainly in Tunisia (228 000 people) and
Egypt (182 000 people).
4. Thousands continue to flee Libya each day. For the moment,
these people are not Libyans; they are primarily individuals who
originally came from countries where there are ongoing conflicts,
and who then got caught up in the Libyan conflict before being able
to flee. Many of these people cannot be repatriated to their countries
of origin and Europe will need to address their asylum or other
international protection needs. The situation will become even more
complex if a mass exodus of Libyans, with prima facie protection
needs, either due to the increasing terror of Colonel Gaddafi or
the emergence of a civil war, start to flee the country, or if Colonel
Gaddafi follows up on his threat of using irregular migration as
a weapon against Europe.
5. In the meantime, the death toll from overcrowded, unseaworthy
boats failing in their attempts to reach Europe’s shores continues
to climb, with boats carrying as many as 335 people reported missing
at sea.
6. The Parliamentary Assembly recognises that one of the first
priorities is to respond to the humanitarian and international protection
needs of those who have arrived on Europe’s shores, primarily in
Italy and Malta. Member states of the Council of Europe, the European
Union, international organisations, civil society and others all
have a contribution to make and need to show solidarity with the
front-line states. This solidarity and willingness to share responsibility
needs to extend to the coast of North Africa and the many thousands
of refugees and displaced people still seeking ways to return home
after fleeing from Libya. It should also extend to those migrants
and refugees who are trapped in Libya awaiting the chance to flee.
7. The Assembly notes that while there has been a wave of arrivals,
there has not yet been the feared deluge. This distinction is important
because it has not always been clearly made by politicians, the
media and others, leading to heightened fear and misunderstanding
among the general public and calls for disproportionate responses.
8. The Assembly recognises the pressure that the front-line countries
of the Council of Europe are under; it welcomes their efforts to
provide humanitarian assistance in line with international obligations
and encourages them to continue with these efforts. The Assembly
reminds states of their international obligations not to push back
boats which are carrying people with international protection needs.
9. The Assembly notes that the inability of the Italian authorities
to return Tunisian irregular migrants has led them to provide these
people with temporary six-month residency permits. It also notes
that this risks creating further tension between France and Italy,
bearing in mind that France has intercepted and returned many Tunisians
who have crossed the border from Italy.
10. The Assembly considers that it is never too soon to start
dealing with the root causes of this wave of boat people. Some of
these causes can be dealt with relatively rapidly, others are more
complicated and will require more time. Tackling these causes will,
however, require political will, a readiness to compromise and also
the mobilisation of funds. The causes are clear; conflicts, difficult
economic situations, the lack of democratically legitimised governments,
political stability or authority, and a population explosion in
the southern Mediterranean basin.
11. Europe will need to invest heavily in these countries, both
economically and democratically. Furthermore, negotiation will be
necessary on sensitive issues such as the return of nationals and
opportunities for legal avenues of migration. If Europe does too
little, it risks having neighbour countries in North Africa with populations
living in conflict and poverty and with a lack of prospects for
youth, which will have major consequences in terms of irregular
migration.
12. The Assembly, recognising that events in North Africa are
of concern to all member states of the Council of Europe, therefore
calls on member states to:
12.1. acknowledge
that the arrival of a large number of irregular immigrants on the
southern shores of Europe is the responsibility of all European
states and requires a solution which envisages the need to share
this responsibility collectively; the Assembly reminds member states
of the repeated appeals of the Council of Europe Commissioner for
Human Rights for the need for effective sharing of responsibility sharing;
12.2. provide urgent humanitarian aid and assistance to all
those people arriving on Europe’s southern shores and other borders,
including through the provision of adequate accommodation, reception
and health care, as highlighted previously in Assembly Resolution 1637 (2008) on
Europe’s boat people: mixed migration flows by sea into southern
Europe;
12.3. refrain from automatic detention, which should only be
used when there is no other reasonable alternative, and ensure that
conditions comply with minimum human rights standards as outlined
in Assembly Resolution
1707 (2010) on detention of asylum seekers and irregular
migrants in Europe;
12.4. ensure that vulnerable people, including women and children,
victims of torture, victims of trafficking, and the elderly, are
not detained and receive appropriate care and assistance;
12.5. guarantee the right of asylum and non-refoulement through, inter alia:
12.5.1. ensuring
that states give access to their territory to people in need of
international protection;
12.5.2. ensuring the quality and consistency of asylum decisions
in line with Assembly Resolution
1695 (2009) on improving the quality and consistency
of asylum decisions in the Council of Europe member states;
12.6. ensure that the screening of those arriving and the processing
of asylum applications is carried out without delay, but that speed
is not given preference over fairness;
12.7. provide full support to the Office of the United Nations
High Commissioner for Refugees (UNHCR), the International Organization
for Migration (IOM), the International Committee of the Red Cross
(ICRC) and other international and national organisations providing
humanitarian and other assistance, both in North Africa and in the
European countries of arrival, and generously take part in resettlement
programmes for refugees stranded in North African countries;
12.8. show solidarity in the challenges faced, which includes
sharing responsibility with front-line states, in particular by:
12.8.1. giving further support to the European Agency for the
Management of Operational Cooperation at the External Borders of
the Member States of the European Union (Frontex) and the newly
established European Asylum Support Office (EASO), and encouraging
further use of European Union funding available through the External
Borders Fund, the Return Fund, the European Refugee Fund and the
Integration Fund;
12.8.2. looking into the possibility of taking on commitments
for resettlement of those with international protection needs who
have arrived in European countries and the possibilty of suspending
the application of the Dublin Regulations or considering other forms
of responsibility sharing, through the use of existing mechanisms
included in the Dublin Regulation, such as the solidarity clause
in Article 3(2) and the humanitarian clause in Article 15;
12.8.3. working together, in particular with the European Union,
on the issue of voluntary and forced returns, taking into account
necessary human rights safeguards when relying on readmission agreements
in line with Assembly Resolution
1741 (2010) on readmission agreements: a mechanism for
returning irregular migrants;
12.8.4. acknowledging the particularly difficult situation in
which Malta finds itself, in view of the size of its territory,
its high population density and limited human and material resources,
in committing to the resettlement of those with international protection
needs.
13. The Assembly, taking into account that it is necessary to
tackle the root causes of these large-scale arrivals of irregular
migrants, asylum seekers and refugees as soon as possible, urges
member states to:
13.1. provide support
for economic, social, democratic and legal reform and development
in Tunisia and Egypt, and as appropriate in Libya;
13.2. provide legal avenues for migration (for example through
seasonal work, circular migration and other forms of migration)
for people coming from the affected countries, in order to reduce
the pressure of irregular migration and provide support for the
countries concerned;
13.3. be ready to provide substantial assistance to Libya to
stabilise the country as soon as the current conflict has ended.
14. If a mass exodus of Libyan refugees occurs because of increasing
terror by Colonel Gaddafi or the start of a civil war, the Assembly
encourages the European Union member states to consider applying
the temporary protection directive (Council Directive 2001/55/EC
of 20 July 2001 on minimum standards for giving temporary protection
in the event of a mass influx of displaced persons and on measures
promoting a balance of efforts between Member States in receiving
such persons and bearing the consequences thereof). It is important
to ensure that no states are considering returning Libyans at this
stage and that they are offered at least some form of temporary
protection.
15. The Assembly reminds member states of the financing possibilities
offered by the Council of Europe Development Bank and encourages
them to present projects asking for loans to contribute to the creation
of adequate reception facilities and infrastructure to help meet
the needs of these vulnerable people.