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Recommendation 1925 (2010) Final version
Readmission agreements: a mechanism for returning irregular migrants
1. Referring to its Resolution 1741 (2010) on
readmission agreements: a mechanism for returning irregular migrants,
the Parliamentary Assembly draws attention to the role of readmission
agreements in the policy of the member states of the Council of
Europe on return of irregular migrants and the fact that such agreements raise
concerns with regard to human rights.
2. The Committee of Ministers is invited to take note of the
Assembly’s recommendations to member states set out in the above-mentioned
resolution and to urge member states to comply with them.
3. The Assembly considers that much greater efforts should be
made to examine the impact of readmission agreements on irregular
migrants and asylum seekers, beginning with the collection and evaluation
of related statistics. The Assembly therefore invites the Committee
of Ministers to:
3.1. define criteria
with regard to human rights for the selection of countries with
which the negotiations on a readmission agreement can be opened;
3.2. prepare guidelines on how to negotiate and implement readmission
agreements in ways which ensure that human rights are respected
and protected, taking into account identified best practices, in particular
by examining
3.2.1. whether the readmission process implemented
by member states offers sufficient capacity-building and assistance
programmes for the reintegration of returnees, in particular with regard
to the return of members of minorities;
3.2.2. the effect of readmission agreements that provide for
the return of third-country nationals to countries in which they
are not guaranteed access to an asylum system;
3.2.3. ways to avoid situations in which returnees lack access
to minimum social rights and are deprived of sustainable life projects;
3.2.4. the implementation of the readmission agreements negotiated
by the European Union and human rights implications arising from
the use of accelerated readmission procedures provided for in some
of these agreements (with Russia, Ukraine and other countries).