Doc. 9930

27 September 2003

Creation of a Charter of intent on clandestine migration
Recommendation 1577 (2002)

Reply from the Committee of Ministers

adopted at the 853^rd meeting of the Ministers’ Deputies (24 September 2003)

1.       The Committee of Ministers shares the concerns raised by the Parliamentary Assembly in Recommendation 1577 (2002) on the creation of a charter of intent on clandestine migration and recognises the importance of the ten principles as they are described in paragraph 11 of the recommendation. It has brought to the attention of member state governments and the European Committee on Migration (CDMG).

2.       The Committee of Ministers does not consider it opportune to elaborate a new international instrument on clandestine migration, but underlines the importance of making greater use of the existing texts and in particular it encourages member states to ratify the United Nations Convention Against Transnational Organised Crime, and its additional Protocols to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and Against the Smuggling of Migrants by Land, Air and Sea. It also recalls the work underway to draft a European Convention against trafficking in human beings geared towards the protection of victims’ rights and the respect for human rights.

3.       The Committee of Ministers underlines that a considerable amount of work has already been carried out by the Council of Europe for the development of coherent and integrated policies in the field of migration management. Furthermore, it recalls the Final Declaration adopted at the 7th Conference of European Ministers responsible for Migration Affairs (Helsinki, 16-17 September 2002). The Committee of Ministers, through the European Committee on Migration (CDMG), undertakes to see the appropriate follow-up to this declaration, in particular the undertakings relating to:

a.       promotion of migration management strategy and dialogue to effectively manage migration issues (paragraph 29);

b.       development of channels for legal migration, including the pursuit of open and transparent policies regarding the migration of workers, setting down clear rules on the recruitment and legal status of foreign workers, and making available to potential migrants complete and clear information on the conditions of admission, residence and work in the countries of destination (paragraph 30);

c.       fight against the smuggling and trafficking of human beings and the exploitation of migrants (paragraph 31);

d.       setting-up of sustainable and close bilateral and multilateral co-operation between countries of receipt, transit and origin, including improving the exchange of information relating to combating and preventing irregular migration, and finding appropriate solutions with due respect to human rights (paragraph 32).

4.       Finally, the Committee of Ministers underlines the work of the Committee of Experts on the Implementation of the Migration Management Strategy (MG-FL) whose remit includes co-ordinating data collection, the exchange of information and best practice on migration management and developing specific policy instruments relevant to the causes, manifestations and effects of irregular migration in the countries of origin, transit and destination. Also, the CDMG may provide technical assistance in the development of information campaigns in countries of origin and transit, and organise appropriate training programmes for the staff of emigration and immigration services on the relevant principles of the European Convention on the Legal Status of Migrant Workers, the Migration Management Strategy and the framework of integration policies.