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Readmission agreements: a mechanism for returning irregular migrants

Recommendation 1925 (2010)

Parliamentary Assembly
Assembly debate on 22 June 2010 (22nd Sitting) (see Doc. 12168, report of the Committee on Migration, Refugees and Population, rapporteur: Mrs Strik). Text adopted by the Assembly on 22 June 2010 (22nd Sitting).
1. Referring to its Resolution 1741 (2010) on readmission agreements: a mechanism for returning irregular migrants, the Parliamentary Assembly draws attention to the role of readmission agreements in the policy of the member states of the Council of Europe on return of irregular migrants and the fact that such agreements raise concerns with regard to human rights.
2. The Committee of Ministers is invited to take note of the Assembly’s recommendations to member states set out in the above-mentioned resolution and to urge member states to comply with them.
3. The Assembly considers that much greater efforts should be made to examine the impact of readmission agreements on irregular migrants and asylum seekers, beginning with the collection and evaluation of related statistics. The Assembly therefore invites the Committee of Ministers to:
3.1 define criteria with regard to human rights for the selection of countries with which the negotiations on a readmission agreement can be opened;
3.2 prepare guidelines on how to negotiate and implement readmission agreements in ways which ensure that human rights are respected and protected, taking into account identified best practices, in particular by examining
3.2.1 whether the readmission process implemented by member states offers sufficient capacity-building and assistance programmes for the reintegration of returnees, in particular with regard to the return of members of minorities;
3.2.2 the effect of readmission agreements that provide for the return of third-country nationals to countries in which they are not guaranteed access to an asylum system;
3.2.3 ways to avoid situations in which returnees lack access to minimum social rights and are deprived of sustainable life projects;
3.2.4 the implementation of the readmission agreements negotiated by the European Union and human rights implications arising from the use of accelerated readmission procedures provided for in some of these agreements (with Russia, Ukraine and other countries).