Print
See related documents
Reply to Recommendation | Doc. 14994 | 14 October 2019
The situation of migrants and refugees on the Greek islands: more needs to be done
1. The Committee of
Ministers has carefully examined Parliamentary Assembly Recommendation 2155 (2019) entitled “The situation of migrants and refugees on
the Greek islands: more needs to be done” which it has forwarded
to the Group of Experts on Action against Trafficking in Human Beings
(GRETA), the Committee of the Parties to the Council of Europe Convention
on the Protection of Children against Sexual Exploitation and Sexual
Abuse (Lanzarote Committee), the Gender Equality Commission (GEC)
and the Co-operation Group to Combat Drug Abuse and Illicit Trafficking
in Drugs (Pompidou Group).
2. The Committee of Ministers notes that issues raised by the
Parliamentary Assembly Recommendation 2155
(2019) have been previously addressed in the Committee of Ministers’
replies to Recommendation
2136 (2018) on “Human rights impact of the ‘external dimension’
of European Union asylum and migration policy: out of sight, out
of rights?”, Recommendation
2078 (2015) on “Countries of transit: meeting new migration and asylum
challenges”, Recommendation
1925 (2010) on “Readmission agreements: a mechanism for returning irregular
migrants”.
3. In the past years, almost all member States of the Council
of Europe have had to face various challenges concerning entries
into their territories and the processing of an increasing number
of asylum claims. All these challenges have an important human rights
dimension. The Committee of Ministers fully understands the legal, ethical
and political implications of migration in its member States and
seeks to assist them in facing challenges in several ways. The Organisation
has developed, together with its member States, an important array
of standards designed to handle emergency situations and to shape
long-term solutions. The human rights protection mechanisms of the
European Court of Human Rights and of the European Committee of
Social Rights provide feedback on national policies and practices.
The work of the Commissioner for Human Rights in the field of migration
provides substantive analyses on the situation in member States
and recommendations to national authorities for improving the protection
of the human rights of asylum-seekers, refugees and migrants. The
monitoring mechanisms of the European Commission against Racism
and Intolerance (ECRI), the Group of Experts on Action Against Trafficking
in Human Beings (GRETA), the Lanzarote Committee, the Gender Equality
Commission and the Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment (CPT) provide guidance and
examples of good practices. International co-operation in criminal
matters through the European Committee on Crime Problems (CDPC)
focuses on supporting member States in fighting migrant smuggling,
with emphasis on addressing investigative, prosecutorial and judicial
challenges in smuggling-related cases, mutual legal assistance,
rapid law enforcement co-operation, and fine-tuning investigative
techniques. Numerous co-operation programmes cater to the different
aspects of migration and human rights.
4. The Committee of Ministers recalls that, in view of the urgency
of the situation in 2015, the Secretary General decided to appoint
a Special Representative on Migration and Refugees, who took up
his duties in February 2016. The SRSG undertook his first fact-finding
visits to Greece and Turkey and his reports and recommendations
put forward were presented to the Committee of Ministers on 11 May
2016 and 8 March 2017, respectively, and constitute an important
basis for assistance and support on behalf of the Council of Europe.
The Organisation is able and available to provide targeted assistance
to its member States, should they wish to engage in closer co-operation
in the field of migration.
5. The Committee of Ministers would highlight in this context
the adoption of the Council of Europe Action Plan on Protecting
Refugee and Migrant Children in Europe (2017-2109) at its 127th Ministerial
Session on 19 May 2017. Many of the activities launched in the framework
of the action plan provide a comprehensive response to the identified
protection gaps. Targeted assistance can be offered to member States,
should they so request, to better ensure access to rights and child-friendly
information, to provide effective protection from different forms
of violence and to enhance the integration of children who are to
stay in Europe. The Committee of Ministers conducted a mid-term
review of the action plan in 2018. The Ad hoc Committee for the
Rights of the Child (CAHENF) is developing guidelines on guardianship
and on age assessment for children in the context of migration.
6. The Committee of Ministers continues to emphasise the solidarity
Greece has been showing in the past years receiving a large number
of refugees and migrants, as well as its constructive efforts to
implement Council of Europe standards with the assistance of specialised
monitoring bodies (paragraph 2). For example, with regard to GRETA,
mention could be made of the first evaluation report on Greece,
published in October 2017 and the recommendations set out therein.
On the basis of this report, the Committee of the Parties to the Convention
issued a recommendation to the Greek authorities on 9 February 2018,
requesting that they report on measures taken to implement GRETA’s
conclusions within two years of the adoption of the recommendation (i.e.
by 9 February 2020). Similarly, Turkey, which also hosts an exceptionally
large number of refugees, was evaluated for the first time by GRETA
in October 2018 (report adopted in July 2019).
7. The Lanzarote Committee for its part has expressed its deep
concern over the situation of migrant and refugee children and their
particular vulnerability to sexual exploitation and sexual abuse,
as illustrated by its urgent monitoring round “Protecting children
affected by the refugee crisis from sexual exploitation and sexual abuse”.
In this regard, the Committee of Ministers would draw attention
to the recommendations addressed to the Parties to the Lanzarote
Convention, contained in the Special Report adopted by the Lanzarote
Committee in March 2017. An evaluation of the follow-up given by
the Parties concerned by the recommendations is underway.
8. The Committee of Ministers also recalls its recent decisions
adopted in the framework of the supervision of the execution of
the European Court judgment in the case H-46-9
M.S.S. and Rahimi groups v. Greece 
.
.9. With regard to paragraph 2.5 of the recommendation, the Committee
of Ministers does not intend to provide for a general assessment
to be made of the human rights impact of the EU-Turkey Statement. However,
it relies on the various monitoring bodies mentioned above to take
any such impact into account in their evaluations, as appropriate.