Asylum seekers and refugees: sharing responsibilities in Europe
Reply to Recommendation
| Doc. 12966
| 26 June 2012
1. The Committee of Ministers has examined
Parliamentary Assembly Recommendation 1967 (2011) on “The large-scale
arrival of irregular migrants, asylum seekers and refugees on Europe’s
southern shores”
Note Recommendation
1969 (2011) on “Unaccompanied children in Europe: issues of arrival,
stay and return”
Note and Recommendation
1973 (2011) on “Asylum seekers and refugees: sharing responsibilities
in Europe”.
Note
2. With respect to Parliamentary Assembly Recommendation 1967
(2011) on “The large-scale arrival of irregular migrants, asylum
seekers and refugees on Europe’s southern shores”, the Committee
of Ministers wishes to emphasise, as did the Assembly, the initiative
of the Secretary General of the Council of Europe and the response
given by the Committee of Ministers as regards the Organisation’s
possible action in the event of mass arrivals of asylum seekers
and migrants from the southern Mediterranean region. At the 1127th (Budget) meeting
of the Ministers’ Deputies from 22 to 24 November 2011,
the Committee of Ministers approved
the Council of Europe Programme and Budget 2012-2013,
Note which states that:
“… In 2012, member States that
might experience large-scale arrival of irregular migrants and asylum seekers
are provided with requested assistance in strengthening capacity
of their migration and asylum services (in co-operation with the
EU and the UNHCR). …” Note
3. The Committee of Ministers welcomes the Assembly’s idea to
bring together those responsible for reception and detention in
member States, along with relevant Council of Europe bodies, to
look at best practices and methods of co-operation to ensure respect
for human rights standards.
4. With respect to the role of the Council of Europe Development
Bank (CEB) in supporting member States in the reception of irregular
migrants, refugees and asylum seekers, and in the integration of
those in need of international protection, the Committee of Ministers
notes that according to Article II, section a. of the Articles of
Agreement of the CEB “The primary purpose of the Bank is to help
in solving the social problems with which European countries are
or may be faced as a result of the presence of refugees, displaced
persons or migrants consequent upon movements of refugees or other
forced movements of populations and as a result of the presence
of victims of natural or ecological disasters.” Since 2006, in response
to requests by its member States, the CEB has approved a total of
€177 million in the field of aid to refugees, migrants and displaced persons.
It is currently examining, within the scope of its mandate and Policy
for Loan and Project Financing, possible support, technical assistance
or financing of projects in the Mediterranean region. The Committee
of Ministers also observes that financing of bankable projects in
non‑member countries with the approval of a member State and adequate
guarantees for the loan is under consideration. Finally, the Bank
maintains close contacts with the European Commission, the EIB and
the EBRD to investigate possible synergies, while the Bank further
co-operates with UNHCR and the IOM with a view to possible identification
of bankable projects.
5. With respect to Recommendation 1969 (2011) on “Unaccompanied
children in Europe: issues of arrival, stay and return”, the Committee
of Ministers underlines the important role that the Council of Europe
has in protecting the rights of migrant children, as evidenced by
the many binding and non-binding instruments adopted in the field.
6. The Committee Ministers has aimed to integrate issues relating
to unaccompanied children into the transversal project “Building
a Europe for and with children.” Through the recently adopted Strategy,
covering the years 2012-2015, the Council of Europe aims to improve
the protection of migrant children and children “on the move”, including
asylum-seeking, refugee, unaccompanied, separated, internally displaced
and stateless children. It should be noted that the Guidelines on
child-friendly justice
Note include as
a fundamental principle the protection of the rights of the child
from discrimination and recommend special protection and assistance
for the most vulnerable children.
7. The Committee of Ministers has taken note of the Assembly’s
request that the Committee of Ministers give instruction for the
elaboration of guiding principles on the protection of unaccompanied
children and draws the attention of those responsible for the Programme
“Building a Europe for and with Children” to it.
8. As recommended by the Parliamentary Assembly, the Committee
of Ministers encourages member States to submit projects to the
CEB with a view to funding or co-funding life projects for unaccompanied children:
it has been informed that the Bank stands ready to co-operate with
national authorities in the preparation of such projects. In this
respect, the Committee of Ministers recalls that “The CEB takes
action in this sector in favour of populations regarded as vulnerable,
such as: […] abandoned children, children in vulnerable situations
and persons with disabilities;” (Handbook for Preparation and Monitoring
of Projects – Chapter 1.1. Aid to refugees, migrants and displaced
persons). Projects approved by the CEB in favour of vulnerable children
have financed reception centres for abandoned/street children, day
care centres, counselling and support centres, training of civil
servants and social workers involved in child assistance at the community
level, as well as community centres for displaced, conflict-affected
children and for children that were victims of earthquakes. The
CEB signed a general co-operation agreement with UNICEF in 2006
and a Memorandum of Understanding with UNHCR in 2008, which help
in the identification and implementation of projects for refugees
and children.
9. Finally, with respect to Recommendation 1973 (2011) on “Asylum
seekers and refugees: sharing responsibilities in Europe”, the Committee
of Ministers agrees with the Parliamentary Assembly that Europe has
to take further measures to ensure that responsibilities for refugees
and asylum seekers are shared fairly in Europe and that those seeking
international protection have access to fair and efficient processing
of their claims.
10. In 2012, the Council of Europe will establish co-operation
with organisations primarily active in the field of migration (EU,
UNHCR, IOM, OSCE and ILO).
11. The Committee of Ministers again wishes to highlight what
was stated above on assistance to member States facing large-scale
arrival of irregular migrants and asylum seekers.
12. Underlining the efficiency of existing Council of Europe human
rights standards, the Committee of Ministers would like to inform
the Assembly that it does not consider the elaboration of a good
practice guide in asylum determination practice and procedure as
necessary. However, the Committee welcomes the Assembly’s initiative
and also takes note of the
Assembly’s request that it provides a framework for mutual assistance,
resettlement and relocation of refugees across the 47 member States
of the Council of Europe.
