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Resolution 2174 (2017)
Human rights implications of the European response to transit migration across the Mediterranean
1. More than a year after the adoption
of the EU–Turkey Agreement of 18 March 2016, the Parliamentary Assembly
acknowledges that the implemented measures have delivered some tangible
results with regard to the challenges underlying the refugee and
migration crisis. While in the weeks before the implementation of the
agreement the daily average number of people arriving on the Greek
islands was almost 2 000, since then it has fallen to under 100
per day. The number of fatalities, which amounted to 376 between
the beginning of January and 20 March 2016, dropped significantly
in the corresponding period in 2017 when 13 people lost their lives.
2. Since the Assembly last examined the issue one year ago, the
situation in Greece has seen some improvements despite the fact
that Greece has become a destination country where almost 100% of
newly arriving refugees and migrants request asylum. At present,
there are 63 000 asylum seekers waiting in Greece for the outcome
of their status determination procedure – 14 000 of them are confined
to the islands. Thanks to the creation of hotspots, reception, registration
and asylum processing have become much more efficient and, given
the continuous efforts of the Greek authorities and other stakeholders
to improve these processes, they raise less concern than before.
However, overall, reception conditions are still poor, and the situation
of unaccompanied minors is of utmost concern. Of the 2 000 minors
registered in Greece, only 1 352 live in shelters adapted to their
specific needs.
3. The Assembly notes that its concerns relating to possible
returns of Syrian refugees to Turkey as a “first country of asylum”
or “safe third country” under the EU–Turkey Agreement have not materialised,
as until now no Syrian asylum seeker (or any other nationality)
has been returned to Turkey without an examination of the application
on its merits. As at April 2017, the total number of people returned
since the adoption of the EU–Turkey Agreement was 1 487.
4. Furthermore, the Assembly notes that its concerns relating
to the systematic detention of asylum seekers in hotspots appear
not to have been realised. Subsequent practice has shown that, once
registered, asylum seekers can go in and out of hotspots freely.
However, the lack of alternative accommodation means that, except
for some members of vulnerable groups, most have no choice but to
reside there, even though living conditions are far from satisfactory.
5. Serious concerns remain in many important areas, including
delays in the registration and processing of asylum claims, despite
the significant efforts made by the Greek Asylum Service; “protective
detention” of unaccompanied children in police stations, even for
short periods; inappropriate age-assessment procedures; the absence
of an effective guardianship system for unaccompanied minors; sexual
and gender-based violence in reception facilities; insufficient
access to education and health care; and inadequate integration measures,
despite the Greek authorities’ implementation of an integration
action plan. The Assembly also notes the continuing deficiencies
in the Greek legislative and administrative framework and lack of
co-ordination for responding to the basic needs of refugees and
migrants, including an inability to absorb and make effective use
of the available international funding.
6. A direct consequence of the implementation of the EU–Turkey
Agreement and the closure of borders was an 83% decrease in the
number of new arrivals in the countries of the Western Balkans and
Hungary. In terms of migrants stranded in these countries at the
end of 2016, the majority remain in Serbia (5 633) and Bulgaria
(5 560).
7. The implementation of the EU–Turkey Agreement and the closure
of the borders on the Western Balkans Route arguably have had no
impact on the number of people using the Central Mediterranean Route between
North Africa and Italy. Even if the number of arrivals in Italy
increased by more than 30% in the first five months of 2017, this
phenomenon is linked to the unstable situation in Libya and the
growing inflows of migrants from different African countries.
8. The reception conditions and asylum procedures in Italy, even
if they are also improving, require urgent action. As with Greece,
Italy has become a destination country and continuous mass arrivals
risk overwhelming the country’s reception capacity. New arrivals,
including unaccompanied minors, often spend excessive periods of
time in hotspots, which are neither intended for nor suited to this
purpose, and the great majority are then accommodated in temporary
first reception facilities that lack essential amenities and services. Deficiencies
also exist in the legal regulation of the hotspots, including the
basis of detention there and the use of force to compel new arrivals
to provide their fingerprints. There are also serious delays in
the registration and processing of asylum claims, concerns about
the effectiveness of the remedy of appeal against rejection of asylum
applications and an inadequate guardianship system for unaccompanied
minors. The question of the return of rejected asylum seekers should
be given immediate consideration; the large number of irregular migrants
represents a threat for the whole asylum system and social stability.
9. The arrival of migrants in Italy is, to a large extent, the
result of the inability of the Libyan authorities to control their
borders. While the level of search and rescue operations should
be maintained, the European Union should increase its efforts to
effectively combat networks of smugglers in the Mediterranean and enhance
co-operation with the Libyan Coast Guard. Any co-operation with
the Libyan authorities must be based on effective respect by both
sides for essential provisions of international human rights law,
including the right to leave a country, the right to seek and enjoy
asylum and the prohibition on refoulement.
10. The Assembly stresses that the lack of accessible and safe
pathways forces refugees and migrants to take enormous risks by
trying to cross the sea. The use of existing legal ways to enter
Europe, family reunification or resettlements for example, would
substantially contribute to reducing irregular migration across the
Mediterranean.
11. The Assembly also refers to its recent resolutions dealing
with various aspects of the mass arrivals of refugees and migrants
across the Mediterranean, and in particular Resolution 2109 (2016) on the situation
of refugees and migrants under the EU–Turkey Agreement of 18 March
2016, Resolution 2147
(2017) on the need to reform European migration policies, Resolution 2118 (2016) “Refugees
in Greece: challenges and risks – A European responsibility”, Resolution 2107 (2016) on
a stronger European response to the Syrian refugee crisis, Resolution 2108 (2016) “Human
rights of refugees and migrants – the situation in the Western Balkans”, Resolution 2088 (2016) “The
Mediterranean Sea: a front door to irregular migration”, Resolution 2072 (2015) “After
Dublin – the urgent need for a real European asylum system”, Resolution 2089 (2016) on
organised crime and migrants and Resolution 2136 (2016) on harmonising
the protection of unaccompanied minors in Europe.
12. The Assembly calls on the European Union:
12.1. with regard to reducing the
number of sea crossings and saving lives, to:
12.1.1. maintain
at least the present level of search and rescue operations;
12.1.2. enhance the fight against smugglers and traffickers;
12.1.3. step up its co-operation with the Libyan Coast Guard and,
in particular, ensure funding for training programmes, assist in
establishing a maritime rescue co-ordination centre and support
the provision of additional patrolling vessels and ensure their
maintenance, on condition that the Libyan Coast Guard can be verified
as operating with full respect for the fundamental rights of refugees
and migrants, including by not exposing them to situations in which
they are at risk of serious ill-treatment;
12.1.4. engage with the Libyan authorities to ensure that the
extremely serious and widespread violations of the rights of refugees
and migrants are brought to an end and the conditions in centres
for migrants are improved, with particular attention given to vulnerable
people and minors; step up co-operation with the Office of the United
Nations High Commissioner for Refugees (UNHCR) and the International
Organization for Migration (IOM) in this respect; support capacity
building in migration management for the Libyan authorities; and
launch co-operation programmes with Libyan host authorities;
12.1.5. mobilise funding for migration-related projects in North
Africa in the framework of the European Union Emergency Trust Fund
for Africa;
12.1.6. launch a process of serious reflection on the possible
establishment of hotspots outside Europe, in full compliance with
international human rights standards;
12.2. with regard to reception and living conditions in the
countries of first arrival and transit, to:
12.2.1. increase
financial, human and administrative support with a view to improving
reception and living conditions;
12.2.2. ensure transparency, monitoring and accountability of
financing procedures and, to this end, focus on public authorities
as first instance beneficiaries where they have proved their ability to
make more efficient and effective use of such funding than other
stakeholders;
12.3. with regard to asylum procedures, to:
12.3.1. refrain
from transferring asylum seekers back to Greece and Italy under
the Dublin Regulation, as long as these countries are dealing with
a disproportionate number of asylum seekers;
12.3.2. continue providing the necessary support, through the
relevant agencies of the European Union, to the national asylum
services in front-line member States, and in particular remedy the
current shortfall of experts from the European Asylum Support Office
(EASO) by calling for more pledges from member States and extending
the duration of the mandate of individual experts;
12.3.3. review, and redefine if necessary, the mandates of relevant
agencies providing expert advice, financial and technical resources
and co-ordination support to Greek and Italian asylum services with
a view to eliminating existing shortcomings and increasing the efficiency
of their actions;
12.3.4. address, as a matter of urgency, the question of accommodation
and processing of applications of unaccompanied minors;
12.3.5. appoint a child protection officer for every hotspot and
refugee camp;
12.3.6. ensure that European Union member States immediately fulfil
their commitments regarding relocation deriving from the decisions
of the European Council and the Council of Europe and take all the
necessary measures against non-compliant member States;
12.3.7. consider the extension of the relocation mechanism beyond
September 2017 and redefine the criteria for eligibility, in particular
to include Iraqis and Afghans;
12.3.8. step up the pace of resettlements from Turkey;
12.3.9. speed up the work on the reform of the Common European
Asylum System, including the revision of the Dublin Regulation and,
in the future, the modalities of applying the principles of responsibility
and solidarity;
12.3.10. ensure full implementation of family reunification from
Greece and Italy based on European Union and international law,
including the Dublin Regulation and Council
Directive 2003/86/EC of 22 September 2003 on the right
to family reunification;
12.3.11. ensure that people who are found not to be in need of
international protection are returned with dignity to their countries
of origin, to the extent possible;
12.3.12. facilitate returns from Greece and Italy through bilateral
agreements with the migrants’ countries of origin;
12.3.13. step up financing for voluntary returns, including the
creation of special centres for people awaiting return.
13. The Assembly calls on the Greek authorities:
13.1. with regard to reception conditions,
to:
13.1.1. continue increasing reception capacity on the
islands and on the mainland and ensure that all unsuitable sites
are closed as a matter of urgency;
13.1.2. step up efforts aimed at the prevention of and fight against
sexual and gender-based violence as well as all kinds of exploitation
in the refugee centres;
13.1.3. focus more attention on the specific needs of unaccompanied
and separated children, in particular by ensuring specialised support
and care and appropriate living conditions, and paving the way to
normality and integration within the host society;
13.1.4. end the systematic detention of rejected asylum seekers
and use a proportionality test in each individual case, in accordance
with the principles of Article 5 of the European Convention on Human
Rights (ETS No. 5), substantially improve detention conditions and,
in that light, abolish the practice of detaining migrants in police
stations;
13.2. with regard to asylum procedures, to:
13.2.1. speed
up the processing of asylum applications from registration to appeal,
in line with European Union and international law standards and
withdraw their policy of denying access to the IOM’s Assisted Voluntary
Return and Reintegration (AVRR) programmes to those who appeal against
negative decisions;
13.2.2. adopt, as a matter of urgency, standard operating procedures
which constitute an essential element for clarifying responsibilities
and harmonising procedures in hotspots and other disembarkation
ports;
13.2.3. appoint permanent co-ordinators in hotspots with a view
to improving co-ordination, ensuring effective communication and
information sharing by different stakeholders and taking full responsibility
for the overall management of hotspots;
13.2.4. adopt legislation on guardianship in line with European
best practices, and implement it without further delay as soon as
it enters into force;
13.2.5. ensure that all non-governmental organisations (NGOs)
involved in hosting and aid processes are in line with European
Union and State regulations;
13.3. with regard to the use of European Union funding, to:
13.3.1. speed up the process of the use of European Union long-term
funding for reception and hosting facilities;
13.3.2. activate the programmes aimed at the monitoring of the
Aegean Sea area using European Union long-term funds;
13.3.3. implement an effective integration policy for recognised
refugees and consider including within its scope asylum seekers
whose nationalities suggest a high probability of being recognised
as refugees.
14. The Assembly calls on the Italian authorities:
14.1. with regard to reception conditions,
to:
14.1.1. increase the number of adequate facilities to
accommodate unaccompanied minors and other vulnerable asylum seekers
and process their applications;
14.1.2. ensure that asylum seekers are not detained in hotspots
for longer than the period allowed by law, increase the number of
places in permanent reception centres and avoid the use of temporary
facilities for long-term accommodation;
14.1.3. establish national standards for refugee camps and centres,
and increase their monitoring and accountability;
14.1.4. step up efforts aimed at the prevention of and fight against
sexual and gender-based violence as well as all kinds of exploitation
in refugee centres;
14.2. with regard to asylum procedures, to:
14.2.1. review
asylum procedures in order to increase their efficiency in the light
of the considerably increased number of requests for asylum and
ensure that the appeals system meets the procedural requirements
of an effective remedy;
14.2.2. address, as a matter of urgency, the question of the processing
of applications from unaccompanied minors and, in particular, clarify
the procedures to enable their relocation;
14.2.3. ensure quick and full implementation of Law No. 47 on
unaccompanied minors (“Legge Zampa”).
15. The Assembly reiterates its long-standing calls on the Turkish
authorities to:
15.1. withdraw their
geographical limitation to the United Nations 1951 Convention relating
to the Status of Refugees;
15.2. ensure that all migrants returned to Turkey under the
EU–Turkey Agreement are treated in compliance with international
human rights standards, including with respect to detention, access
to asylum and the prohibition on refoulement;
15.3. refrain from threatening to withdraw from observing the
obligations set down in the EU–Turkey Agreement.