The Council of Europe has published a report condemning the failures of European nations to protect the lives of refugees and migrants, calling for urgent change to migration policies that cause “thousands of avoidable deaths each year.”
A follow-up to the 2019 recommendations by the Council of Europe’s Commissioner for Human Rights, Dunja Mijatović, the report examines member states’ implementation of the Commissioner’s proposals and calls on European states to “ensure a human rights compliant approach to sea crossings.”
“European countries are failing to protect refugees and migrants trying to reach Europe via the Mediterranean. Backsliding in the protection of the lives and rights of refugees and migrants is worsening and causing thousands of avoidable deaths each year” – Dunja Mijatović
The report covers developments in five main subject areas: effective search and rescue; timely and safe disembarkation of rescued persons; cooperation with non-governmental organisations; cooperation with third countries; and safe and legal routes.
Effective search and rescue
The report found that a lack of state-led rescue capacity and obstruction of NGO operations has increased the risk to refugees and migrants whilst further dependence on poorly-equipped commercial vessels and the Libyan Coast Guard has ensured that previous recommendations regarding search and rescue have not been implemented.
Safe and prompt disembarkation
The Commissioner expressed concerns regarding reports of pushbacks and increased returns to Libya, stating that despite the Covid-19 pandemic presenting more challenges, delayed disembarkation must be avoided to protect the “rights, health and well-being of survivors, and of the crews of the vessels that have rescued them.”
Cooperation with NGOs
It was found that many states were maintaining an “openly or tacitly hostile approach” to NGOs, undoubtedly leading to diminished rescue capacity and human rights monitoring. Concerns were also raised with regard to the criminalisation of rescuers.
In recent weeks, Italian prosecutors have charged dozens of rescuers from charities including Save the Children and MSF, arguing that their work saving thousands of lives in the Mediterranean constitutes complicity in people smuggling.
Cooperation with third countries
The lack of cooperation activities, in the form of risk assessment and monitoring mechanisms, was condemned by the Commissioner. She also called for a suspension of support for the Libyan Coast Guard, describing clear evidence of serious human rights risks as a result of “continued and enhanced co-operation with Libya”.
Safe and legal routes
The report recognised that progress concerning the expansion of safe and legal routes has been made “fragile’ by the Covid-19 pandemic and political situation in some member states. Despite this, the commissioner called on European countries to ensure concerted action in order to protect the lives of refugees and migrants in the Mediterranean.
The Commissioner concluded, stating that:
“It is high time for European countries to put an end to this shameful tragedy and to adopt human rights compliant migration policies. Member states must no longer delay taking action to save lives. It is a matter of life or death – and of the credibility of European countries’ commitment to human rights”
The release of this report comes as further allegations of abuse suffered at European borders are revealed. Frontex, the EU border agency, has repeatedly come under fire for alleged harassment, misconduct, and migrant pushbacks. An internal probe, recently published by the agency details systemic complicity and reluctance to hold people accountable for pushbacks at Greece’s land and sea borders, further substantiating allegations of abuse.
As evidence of rights incursions at Europe’s land and sea borders continues to mount, European states must ensure that the recommendations of this report are implemented in order to protect the lives and wellbeing of refugees and migrants.