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Reply to Recommendation | Doc. 14831 | 14 February 2019
International obligations of Council of Europe member States: to protect life at sea
1. The Committee of
Ministers has closely examined Parliamentary Assembly Recommendation 2137 (2018) on “International obligations of Council of Europe member
States: to protect life at sea”. It transmitted the Recommendation
to the Steering Committee for Human Rights (CDDH), to the Group
of Experts on Action against Trafficking in Human Beings (GRETA)
and to the Ad hoc Committee for the Rights of the Child (CAHENF)
for information and possible comments.
2. The Committee of Ministers is appalled by the high number
of migrants, refugees and asylum seekers who have lost their lives
in the Mediterranean Sea, in their attempt to reach Europe’s shores.
The protection of the right to life is part of the core of the European
Convention on Human Rights and one of the fundamental values of
the democratic societies that make up the Council of Europe. It
is imperative for member States to fully respect their legal obligations
with regard to protecting human life at sea and given the very high
stakes would call on all governments to remain highly vigilant in
this regard.
3. In this respect, the Committee of Ministers would also recall
the mass arrivals of migrants experienced by some States and the
many duties assumed by their authorities, including rescue at sea,
but notes that these factors cannot exempt States from their obligation
to guarantee conditions that are compatible with respect for human
dignity to all individuals.
4. With regard to paragraph 1.1 of the Recommendation, the Committee
of Ministers refers, in particular, to its reply to the Parliamentary
Assembly’s Recommendation
2046 (2014) “The left-to-die boat”: actions and reactions”, and maintains
its position that it is essential to promote a common, coherent
and effective implementation of the legal framework for search and
rescue policies in Europe and to help member States to strengthen
their solidarity. It also underlined the importance, inter alia, of enhancing co-ordination
and co-operation with respect to ongoing activities in this field
before initiating new ones, thus avoiding duplication and unnecessary
overlap, and also to ensure that objectives are achieved with added
value.
5. With regard to paragraph 1.2, whilst noting international
law duties towards all persons in distress at sea, which are required
of both States and captains of vessels, the Committee of Ministers
fully agrees that it is necessary to devote special attention to
the risks incurred by children and women arriving in Europe by sea. Children
are particularly vulnerable due to their limited capacities to ensure
their own protection and survival and their vulnerability is undeniably
increased during maritime travel, regularly involving exposure to
violence, exploitation, abuse, smuggling, illness, drowning and/or
death. This leads to an increased responsibility for their protection
and requires careful consideration from a human rights perspective,
taking into account States’ positive obligations to protect children
at risk of losing their lives at sea, whether stemming from the
law of the sea or human rights treaties. During interception, transport
and transfer operations, child-specific measures and procedures
should be in place at all appropriate stages to ensure their protection
and safety, and to address their specific needs.
6. The Committee of Ministers would also draw attention to the
important work of the Group of Experts on Action against Trafficking
in Human Beings (GRETA) with regard to the monitoring of the implementation
of the Convention on Action against Trafficking in Human Beings
and which pays close attention to the issues raised in Recommendation 2137 (2018).
7. Finally, the Committee of Ministers informs the Assembly that
it discusses on a regular basis issues related to the question of
migration and refugees, also in the framework of its dialogue with
Ambassador Tomáš Boček, Special Representative of the Secretary
General on Migration and Refugees. In this respect, it will bear in
mind the Assembly’s suggestion for a possible thematic debate as
outlined in paragraph 1.3 of the Recommendation.