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Human rights impact of the “external dimension” of European Union asylum and migration policy: out of sight, out of rights?

Recommendation 2136 (2018)

Parliamentary Assembly
Assembly debate on 27 June 2018 (24th Sitting) (see Doc. 14575, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Tineke Strik). Text adopted by the Assembly on 27 June 2018 (24th Sitting).
1. The Parliamentary Assembly refers to its Resolution 2228 (2018) “Human rights impact of the ‘external dimension’ of European Union asylum and migration policy: out of sight, out of rights?”.
2. The Assembly recalls that the aims of the delegation of migration control and procedures to countries outside the European Union’s border are to ease the migratory pressure on member States at the borders, facilitate resettlement to Europe and regulate migratory flows, while reducing migrants’ need to undertake long and dangerous land and sea journeys.
3. In the light of these aims, it emphasises that European countries must not only invest substantially in reception, protection and integration of refugees in the region but also show more willingness to host, resettle and integrate migrants themselves.
4. The Assembly insists that externalisation of border control and asylum procedures agreed by the European Union or by individual member States with third countries should be accompanied systematically by assessments of the impact of such agreements on the human rights of migrants and guarantees for the protection of migrants’ human rights under international law, with access to legal redress in cases of violation.
5. In the light of the above, the Assembly calls on the Committee of Ministers to:
5.1 instruct the relevant Council of Europe intergovernmental sector to draft guidelines for external co-operation on migration with third countries, in order to ensure that the implementation of this co-operation is in compliance with the standards of the European Convention on Human Rights (ETS No. 5) and other legal instruments of the Council of Europe, as well as the United Nations 1951 Convention relating to the Status of Refugees;
5.2 support member States in defining the extent of their responsibility for possible human rights violations in third countries as an indirect or direct result of external co-operation on migration;
5.3 ensure follow-up to the Copenhagen Declaration on the reform of the European Convention on Human Rights system adopted by the Council of Europe member States on 13 April 2018, in particular by actively promoting ratification by the European Union of the European Convention on Human Rights.