The impact of the global economic crisis on migration in Europe
Migrants and refugees: a continuing challenge for the Council of Europe
Reply to Recommendation
| Doc. 12478
| 24 January 2011
1 The Committee of Ministers has given
close attention to Parliamentary Assembly Recommendations
1910 (2010) on “The
impact of the global economic crisis on migration in Europe” and
1917 (2010) on “Migrants and
refugees: a continuing challenge for the Council of Europe”. It
has drawn both recommendations to the attention of the governments
of member states to bear them in mind where appropriate. It has
also forwarded them to the relevant committees,
Note the
comments of which have been taken into account in this reply. In
view of the link between these two recommendations, the Committee
of Ministers has chosen to give a joint reply to them.
2 The Committee of Ministers is conscious of the many challenges
that are facing member states as a result of the strong and growing
influence of migration on European societies. It acknowledges that
many of these challenges call for particular vigilance with regard
to the protection of human rights and respect for the rule of law,
and possibly more so in the current global economic climate.
3 It also agrees that in addressing migration or migration-related
questions, the Council of Europe should take a human rights’ approach,
with a view to strengthening and protecting the core values of the
Organisation in this field. It notes with satisfaction the focus
given by the Assembly, inter alia,
to the protection of human rights of migrants, asylum seekers, refugees
and displaced persons; to promoting cultural diversity and integration
of migrants and to combating xenophobia, discrimination and trafficking
in human beings which fall within the core objectives of the Organisation.
4 On a general note, the Committee of Ministers would first
highlight the extensive standard-setting and policy work already
carried out in the intergovernmental sector on migration-related
issues. Such activities have addressed questions such as integration,
legal and social protection of migrants and persons of migrant background,
life projects for unaccompanied minors, but also questions such
as the impact of the financial crisis on the social security systems
and the labour markets. It would stress the importance of promoting
the implementation of the existing standards and policies in this
field with a view to furthering their impact in member states.
5 The Committee of Ministers also considers it important to
draw attention to the relevant work carried out by the various monitoring
mechanisms of the Council of Europe alongside the European Court
of Human Rights, such as the European Committee of Social Rights
(ECSR), the European Commission against Racism and Intolerance (ECRI)
and the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment of Punishment (CPT), as well as the work
of the Commissioner for Human Rights. The activities and procedures
of these bodies are efficient tools in identifying problems in member
states and proposing solutions.
6 In this respect, it would in particular draw attention to
the revised European Social Charter which can be considered an instrument
to protect migrant workers both in so far as several of its articles
(18, 19 and E) expressly guarantee protection and assistance to
migrants and their families and prohibit discrimination, and in
that it provides for monitoring procedures to check that states
are honouring their commitments. This is reflected in the Committee’s
regular conclusions on the reports presented by states on the fulfilment
of their obligations to nationals of other states party in their
countries and in several of its decisions on collective complaints.
7 The ECRI for its part, continues to pay careful attention
to the situation of migrants, refugees and asylum-seekers and the
manner in which they are affected by racism, racial discrimination,
xenophobia and related forms of intolerance, including with regard
to access to social rights such as education, employment and health care.
It continues to make recommendations to the authorities of Council
of Europe member states, in the context of its country-by-country
monitoring work, on steps that they can take to combat such phenomena.
It monitors closely the impact of the economic crisis on racism
and racial discrimination
8 The Commissioner for Human Rights pays particular attention
to the protection of the human rights of migrants (including asylum
seekers) as he considers they are one of the most vulnerable social
groups in need of effective protection by member states. He has
engaged in dialogue with the authorities of certain member states
regarding migration policies and practices which raise serious issues
of compatibility with Council of Europe and international human
rights standards. In addition to this constructive dialogue, migration-related issues
have also been covered in a number of documents published by the
Commissioner, such as country visit reports, issue papers, viewpoints
and human rights comments. On 17-18 February 2011, a seminar entitled
“Human Rights Dimensions of Migration in Europe” will be organised
in Istanbul in the framework of the Turkish Chairmanship of the
Committee of Ministers, in co-operation with the Office of the Commissioner.
9 The Assembly will be aware, that in the context of the priorities
and reforms of the Organisation, a general review of the Council
of Europe’s activities in the field of migration is currently under
way. 2011 may therefore be regarded as a transition year. The aim
of this review is to take stock of the situation with a view to streamlining
work in this area to achieve better co-ordination and retain activities
with high impact. First measures have been taken by the Secretary
General with a view to promoting transversal co-ordination of activities
related to migration, with all pertinent stakeholders (member states,
European Union, UNHCR and other international organisations and
civil society), also with a view to enhancing external visibility
and co‑operation of the Organisation’s action in the field of migration.
These developments are clearly in line with the Assembly’s position
that addressing the human rights and integration of migrants and
refugees calls for a transversal and coordinated approach, with
the contribution and expertise of various actors within the Organisation,
from other organisations – particularly the European Union – and
in member states.
10 Against this background, the Secretary General will take stock
of the situation during the coming year and make proposals for the
Programme and Budget in 2012 and beyond. The Assembly’s recommendations are
therefore timely, as they contain many relevant and interesting
proposals. It would invite the Secretary General to bear them in
mind, together with the substantive input provided by the concerned
intergovernmental bodies on these recommendations, when elaborating
his proposals in this field.
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