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Resolution 2147 (2017)
The need to reform European migration policies
1. The Parliamentary Assembly is very
much concerned about the failure of European leaders to find a common
policy approach and effectively address the ongoing migration and
refugee crisis. This includes the continual loss of lives in the
Mediterranean Sea, inadequate reception conditions, responsibility
sharing between States with regard to mass inflows of people, violence
at borders and against migrants, and the ensuing loss of public
confidence in governments’ and European institutions’ ability to
deal with the crisis.
2. Europe’s inadequate response to unfolding developments and
continuing mass arrivals of refugees and migrants has revealed systemic
weaknesses in the existing legal instruments and mechanisms. These
include the inability to control external European Union borders,
the practical inapplicability of the Dublin Regulation, dysfunctional
asylum systems and divisions between countries, depending on their
political stances and geographic situations.
3. Furthermore, the Assembly regrets the absence of a global
and comprehensive vision for the management of migration flows and
sustainable solutions and the lack of a serious debate at European
level on the migration phenomenon from a long-term perspective and
its consequences for host societies.
4. The Assembly welcomes the continuous efforts of Turkey and
Germany, which have taken in most of the recent influx of refugees
and irregular migrants who have arrived on their territory, and
recognises the efforts made by Italy and Greece, who are faced with
the arrival, as countries of first entry, of the main flows of refugees
and migrants.
5. Several recent terrorist attacks committed by refugees or
asylum seekers raise questions about security.
6. Another point of concern is that cultural and social integration
sometimes fails, increasing the risk of radicalisation of some young
people of a migrant background, including those who are of second
and third generation.
7. Furthermore, the Assembly stresses that the right and obligation
to protect national and European Union external borders is not incompatible
with the commitment to uphold international humanitarian law.
8. Regrettably, dysfunctional status determination procedures
prevent quick distinctions from being made between people in real
need of international protection and other migrants. Combined with
inefficient return policies this compromises the concept of international
protection and may lead to abuses. The Assembly believes that it
is of crucial importance to strengthen the existing legal and policy
framework at national and European levels with a view to ensuring
efficiency of the asylum system.
9. The Assembly refers to its Resolution 2000 (2014) on the large-scale
arrival of mixed migratory flows on Italian shores, Resolution 2088 (2016) “The
Mediterranean Sea: a front door to irregular migration”, Resolution 2118 (2016) “Refugees
in Greece: challenges and risks – A European responsibility”, Resolution 2073 (2015) “Countries
of transit: meeting new migration and asylum challenges”, Resolution 2109 (2016) on
the situation of refugees and migrants under the EU-Turkey Agreement
of 18 March 2016, Resolution
2072 (2015) “After Dublin – the urgent need for a real
European asylum system”, Resolution
2089 (2016) on organised crime and migrants; and Resolution 2113 (2016) “After
the Brussels attacks, an urgent need to address security failures and
step up counter-terrorism co-operation”, Resolution 2090 (2016) on combating
international terrorism while protecting Council of Europe standards
and values, and Resolution
2093 (2016) “Recent attacks against women: the need for
honest reporting and a comprehensive response”.
10. In consequence, the Assembly calls on:
10.1. the Council of Europe member States to:
10.1.1. engage
in a meaningful dialogue involving the Office of the United Nations
High Commissioner for Refugees (UNHCR) and other international stakeholders
on the interpretation of legal provisions of the 1951 United Nations
Convention relating to the Status of Refugees, including the criteria
for qualifying for refugee status, as well as on the issue of definition
of a “third safe country”;
10.1.2. step up efforts to find a constructive solution concerning
a more fairly negotiated sharing of responsibility with a view to
fully implementing the European Council’s conclusions of June 2015
with regard to relocation and resettlement of refugees;
10.1.3. continue search and rescue operations in the Mediterranean
Sea on at least as large a scale as at present;
10.1.4. explore the possibilities for increasing legal channels
for migration, including more resettlement and admission for humanitarian
reasons and family reunification with a view to putting a halt to
illegal migration;
10.1.5. explore and promote initiatives to support institutional
and normative capacity building of countries of origin and transit;
10.1.6. reflect on the emerging challenges faced by integration
policies, including threats for security and radicalisation;
10.1.7. make full use of the Council of Europe Development Bank
with regard to social projects relating to the reception of migrants
and their integration;
10.2. the European Union member States and institutions to:
10.2.1. ensure the efficiency of external border controls by implementing
measures proposed by the European Commission in its package of proposals
validated by the European Parliament in July 2016, and in particular
by providing for proper funding and functioning of a new European Border
and Coast Guard Agency in compliance with the applicable European
and international standards;
10.2.2. increase the efficiency of return policies by mandating
the newly established European Return Office with adequate financing
and operational powers; harmonise return practices throughout Europe
and consider possible cost-sharing;
10.2.3. explore possibilities for better identifying people in
need of international protection and organising external processing
of asylum applications by means of safer procedures established outside
Europe in safe third countries, provided that the human rights of
the asylum seekers are safeguarded, as already recommended by the
Assembly in previous resolutions and according to European Union
standards;
10.2.4. provide adequate financial and substantial support for
Greece and Italy to ensure proper reception conditions for refugees
and migrants and the functioning of hotspots in accordance with earlier
commitments.
11. The Assembly recognises the need to engage meaningfully in
a dialogue with the Turkish Government for effective burden-sharing
schemes in face of the magnitude of the refugee crisis faced in
Turkey.
12. The Assembly resolves to continue its reflection on these
questions and take stock of the progress achieved on the occasion
of the migration debate to be held during its June 2017 part-session.