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Recommendation 2078 (2015)
Countries of transit: meeting new migration and asylum challenges
1. The Parliamentary Assembly refers
to its Resolution 2073
(2015) on countries of transit: meeting new migration
and asylum challenges. It recalls, in particular, that the Council
of Europe co-operates with non-member States with a view to promoting
human rights and emphasises that compliance with the principle of non-refoulement, reflected in Article
3 of the European Convention on Human Rights (ETS No. 5), by both member
and non-member States, is of crucial importance for migrants and
refugees.
2. The Council of Europe should play a role in ensuring that
the externalisation by member States of their migration policy and
border control to third countries does not result in violations
of the human rights of migrants and refugees when they are prevented
from entering a Council of Europe member State or returned by a Council
of Europe member State to a third country.
3. The Assembly therefore invites the Committee of Ministers
to:
3.1. aim to further the human
rights of migrants and refugees in its co-operation with third countries, and
support these countries in promoting access to protection and basic
needs and developing a comprehensive integration policy;
3.2. monitor member States’ compliance with the general principle
underlying the Hirsi Jamaa v. Italy judgment
of the European Court of Human Rights, holding countries accountable
where there is evidence of push-backs and promoting their compliance
with that principle.