Transit migration in central and eastern Europe
Recommendation 1489
(2001)
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly debate
on 22 January 2001 (1st Sitting) (see Doc. 8904, report of the Committee
on Migration, Refugees and Demography, rapporteur: Mr Iwiński, and Doc. 8937, opinion
of the Committee on Legal Affairs and Human Rights, rapporteur:
Mr Shishlov). Text adopted by the Assembly on 22 January 2001 (1st
Sitting).
- Thesaurus
1. The Assembly recalls and reaffirms
its Recommendation
1306
(1996) on migration from the developing countries to
the European industrialised countries, Recommendation
1327 (1997) on the
protection and reinforcement of the human rights of refugees and
asylum seekers in Europe, Recommendation
1440 (2000) on restrictions on asylum
in the member states of the Council of Europe and the European Union,
and Recommendation
1467
(2000) on clandestine immigration and the fight against
traffickers.
2. The Assembly is aware that central and eastern European countries
have been increasingly confronted with large-scale movements of
people heading for the European Union who consider them as transit
countries. This relatively new migration phenomenon has a number
of direct and indirect political, economic and social consequences
for the countries concerned.
3. The Assembly is particularly concerned by the fact that the
two major characteristics of transit migration are its illicit nature
and an elaborate criminal organisation. In addition to migration
issues the problem of trafficking of any human being is foremost
one of human rights.
4. Among the rising number of illegal migrants transiting the
region, there are believed to be a number who would qualify for
asylum, but who prefer not to file their request in countries of
central and eastern Europe for different reasons, not least due
to lack of confidence in the eventual success of such a step, a
concern partly justified in the past, before proper legal instruments
had been introduced. The Assembly strongly emphasises that those
escaping persecution and seeking international protection must under
no circumstances be prevented from gaining access to asylum procedures,
and that proper consideration of their applications should be guaranteed.
5. There is pressure on central and east European governments
from their western neighbours to make their refugee and immigration
policies more restrictive. On the other hand, there are obviously
concerns among central and east European countries that the European
Union harmonisation process in the field of migration, and the restrictive
measures it implies, will result in the shifting of the migration
burden to their territories. Along with the implementation of readmission
agreements, these concerns have proved to be largely justified.
The provisions of the Schengen Agreement are having a considerable
impact on the increase in pressure on central and east European
countries’ borders.
6. One of the main ways to stem illegal transit migration is
to prevent trafficking. The Assembly welcomes the action of the
Budapest Group. The Council of Europe is well placed to stimulate
and co-ordinate a pan-European action in this area.
7. The Assembly stresses that the most effective way to combat
illegal migration is to deal with the root causes in the countries
of origin of clandestine immigrants. It is necessary to increase
overseas development assistance.
8. The Assembly, therefore, recommends that the Committee of
Ministers:
i instruct its relevant
committee to review national migration policies in all Council of
Europe member states with a view to harmonising regulations regarding
legal opportunities for legitimate migration;
ii take steps to promote experience- and information-sharing
between the member states on this subject involving representatives
of possible employers and immigrant communities;
iii instruct its relevant committee to examine the state of
co-operation between Council of Europe member states in combating
illegal migration and trafficking in aliens with a view to strengthening
it;
iv give greater priority to programmes aimed at combating
illegal migration and trafficking in human beings – as well as preventing
its causes, including economic ones;
v invite member states:
a to
review their national legislation with a view to adopting a new
management approach, in particular to facilitate legal short-term
migration;
b to explore the experience gained by countries that provide
migrants with legal opportunities for legitimate migration;
c to make a clear distinction between asylum seekers and
other migrants transiting the countries of central and eastern Europe
and guarantee access to the status determination procedure for every
potential asylum seeker;
d to fully co-operate with each other in combating illegal
migration and trafficking, in particular, to share information and
statistics on all aspects of the problem;
e to step up their financial and technical resources devoted
to combating human trafficking;
f to institute a campaign against migration connected to
trafficking and prostitution, mainly affecting young women living
in large cities;
g to review their own immigration and asylum policies with
a view to guaranteeing access to their territory and to their asylum
procedures to all persons seeking international protection;
h to re-examine readmission agreements with a view to guaranteeing
access to the asylum procedure for every potential asylum seeker;
i to raise their official development assistance in compliance
with the internationally recognised target level of 0.7% of their
gross national product, if this has not yet been done;
j to provide increased economic resources for migration-related
development projects, such as programmes to encourage return, assistance
in the locality of origin, population programmes, and so on;
k to boost resources devoted to information and education
programmes on the experience of illegal migrants, in co-operation
with the International Organization for Migration;
vi invite the European Union:
a to
refrain from legitimising regulations and practices that might increase
the pressure of illegal migrants on the countries of central and
eastern Europe;
b to provide these countries with adequate financial and
technical assistance devoted to combating illegal migration and
trafficking in human beings.
