Logo Assembly Logo Hemicycle

Saving lives in the Mediterranean Sea: the need for an urgent response

Doc. 14971: collection of written amendments | Doc. 14971 | 02/10/2019 | Final version

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly has been drawing attention to the tragedy playing out in the Mediterranean Sea since its Resolution 1872 (2012) on “Lives lost in the Mediterranean Sea: who is responsible?”. Other texts followed, in particular Resolution 1999 (2014) “The left-to-die boat: actions and reactions”, Resolution 2000 (2014) on the large-scale arrival of mixed migratory flows on Italian shores, Resolution 2050 (2015) “The human tragedy in the Mediterranean: immediate action needed” and Resolution 2088 (2016) “The Mediterranean Sea: a front door to irregular migration”. The Assembly held an urgent debate on “International obligations of Council of Europe member States: to protect life at sea” on 27 June 2018 and has adopted several other texts which refer to the situation in the Mediterranean Sea and the need to find remedies.
2The Assembly continues to be appalled by the high number of lives lost in the Mediterranean Sea by asylum seekers who are trying desperately to reach Europe on makeshift boats. It calls on member States to respect their international obligations and co-ordinate their efforts to protect lives at sea. Although migratory flows have now decreased to a fraction of the numbers recorded in 2015, the situation can still be described as an emergency. In the case of Greece, for instance, the number of migrants has increased by 150% over the past few months. Over the past six years, almost 20 000 persons have perished during their perilous journey across the Mediterranean. This situation is untenable and should be remedied without further delay. The Assembly welcomes the emerging agreement of some European Union member States on the relocation of people rescued at sea by non-governmental organisations and others, and urges more countries to join this agreement. Likewise, it calls on all European Union countries to accept their responsibilities and welcomes the readiness of the Mediterranean States to co-operate.

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

Votes: 67 in favor 24 against 10 abstentions

In the draft resolution, paragraph 2, replace the words "asylum seekers" with the word "migrants".

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

Votes: 17 in favor 87 against 4 abstentions

In the draft resolution, paragraph 2, delete the last sentence.

3The European Union’s successive Triton and Sophia sea and (now only) air operations, resulted in a reduction of nearly 32% of arrivals on the Italian coasts between November 2016 and November 2017 and have saved over 200 000 lives since 2014. However, the European Union’s continued priority given to border control and the tendency to promote the processing of asylum claims to countries and regions outside its frontiers have not yielded convincing results, and may be said to have increased the risks to which refugees and asylum-seekers are exposed and indeed, to which they expose themselves in their efforts to reach safety.

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

Votes: 32 in favor 72 against 5 abstentions

In the draft resolution, paragraph 3, replace the words "asylum-seekers" with the word "migrants".

4The Assembly welcomes the commitment of non-governmental organisations but insists that it is the duty of States not to let people drown in the Mediterranean. In the light of the continued denial of the basic human rights of migrants in the Mediterranean, in an effort to avoid further tragic deaths and to provide the right of access to international protection and asylum procedures, the Assembly urges member States to:

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

Votes: 14 in favor 83 against 15 abstentions

In the draft resolution, paragraph 4, replace the words "not to let people drown in the Mediterranean" with the following words: "to uphold the rule of law despite severe migration pressures".

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

If adopted, amendment 12 falls.

Votes: 22 in favor 80 against 9 abstentions

In the draft resolution, paragraph 4, delete the words: "In the light of the continued denial of the basic human rights of migrants in the Mediterranean,".

In the draft resolution, paragraph 4, replace the words: "denial of the basic human rights of" with the following words: "assistance to".

4.1place the rescue of men, women and children in the Mediterranean above political and other considerations and as an imperative for respect of the universal principles underlying respect for human life and assistance to people in mortal danger;

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

Votes: 17 in favor 98 against 5 abstentions

In the draft resolution, replace paragraph 4.1 with the following paragraph:

"uphold the rule of law and their democratic legal decisions, and discuss their individual approaches on dealing with persons picked up in the Mediterranean Sea;"

02 October 2019

Tabled by Ms Zeynep YILDIZ, Mr Ziya ALTUNYALDIZ, Mr Ali ŞAHİN, Ms Serap YAŞAR, Mr Zafer SIRAKAYA

Votes: 84 in favor 18 against 16 abstentions

In the draft resolution, after paragraph 4.1, insert the following paragraph:

"recalling Resolution 2299(2019) on pushback policies and practice in Council of Europe member States, refrain from any action leading to pushbacks or collective expulsions, for these acts constitute a violation of rights of international asylum law, the right to asylum, the right to be protected against refoulement and the right to access an asylum procedure;"

Explanatory note

Pushback actions not only threaten refugees and migrants' lives, but also constitute a serious violation of the principle of non-refoulement stated in the Geneva Convention. Therefore, it should be referred to in the resolution.

4.2devote special attention to assistance for vulnerable migrants such as children, women, disabled persons and those in need of particular medical or psychological support;

02 October 2019

Tabled by Ms Zeynep YILDIZ, Mr Ziya ALTUNYALDIZ, Mr Ali ŞAHİN, Ms Serap YAŞAR, Mr Zafer SIRAKAYA

Votes: 93 in favor 24 against 1 abstention

In the draft resolution, paragraph 4.2, after the word "vulnerable" insert the following words: "refugees and".

Explanatory note

The report should also refer to the needs of vulnerable refugees.

In the draft resolution, paragraph 4.2, after the word "children", insert the following words: "people from LGBT+ communities,".

Explanatory note

LGBT+ migrants are a particularly vulnerable group because they often face exclusion, discrimination and even violence within their own families and communities. The persecution does not end at state borders but continues throughout their journey to safety as they travel with their families or communities.

4.3 to launch a new European Union rescue mission. The Assembly welcomes the commitment of NGOs, but it is the duty of States not to let people drown in the Mediterranean;

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

If adopted, amendment 3 falls.

Votes: 21 in favor 89 against 8 abstentions

In the draft resolution, delete paragraph 4.3.

In the draft resolution, paragraph 4.3, delete the second sentence.

Explanatory note

This sentence reiterates the sentence in paragraph 4.

4.4in line with the Council of Europe’s Convention on Action against Trafficking in Human Beings (STCE No. 197), take united action to stop trafficking in human beings, and combat people smuggling in co-operation with other international organisations;
4.5respect the terms of international conventions, in particular the International Convention on Maritime Search and Rescue as well as the Protocol against the Smuggling of Migrants by Land, Sea and Air to the United Nations Convention against Transnational Organized Crime (Palermo Protocol);
4.6ensure respect for the principle of non-refoulement, in particular in the context of joint or “aggregate rescue” operations, where the prohibition of refoulement cannot be collectively evaded under the obligations stemming from refugee law and the European Convention on Human Rights (STE No. 5);
4.7for those countries concerned, contribute to the implementation of the United Nations Global Compacts on Safe, Orderly and Regular Migration and on Refugees;

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

Votes: 18 in favor 90 against 15 abstentions

In the draft resolution, delete paragraph 4.7.

4.8support all proposals aimed to implement more efficient relocation and thus share responsibilities for migration management;

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

If adopted, amendment 4 falls.

Votes: 17 in favor 104 against 5 abstentions

In the draft resolution, delete paragraph 4.8.

In the draft resolution, at the end of paragraph 4.8, insert the following words: "on the basis of reliable and efficient solidarity"

In the draft resolution, after paragraph 4.8, insert the following paragraph:

"welcome the agreement reached in Malta by the Interior Ministers of Italy, France, Germany and Malta on 23 September 2019, strongly hoping that as many EU member states as possible will join it;"

4.9ensure that these initiatives are taken in full respect for the principles set out by the Assembly in its previous resolutions and recommendations, as well as those of other Council of Europe entities, in particular the Commissioner for Human Rights in her recommendation on “Bridging the protection gap for refugees and migrants in the Mediterranean” of June 2019;
4.10further ensure that any action taken is in line with the standards and principles proposed by international partners, such as the joint United Nations High Commission for Refugees /International Organization for Migration 2018 joint proposal for a Regional Disembarkation Mechanism;
4.11as stated in previous Assembly texts, allow non-governmental organisations to carry out their life-saving missions in the Mediterranean Sea, recognising their capacities to organise rapid-reaction rescues, and refrain from stigmatising the work of NGOs;

In the draft resolution, at the end of paragraph 4.11, after the words: "Mediterranean sea", insert the following words: "with due regard to national regulatory frameworks and international law".

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

Votes: 27 in favor 95 against 5 abstentions

In the draft resolution, paragraph 4.11, after the words "Mediterranean Sea", insert the following words: "only if they have accepted the Code of Conduct, i.e. only in co-operation with the coastguards of the coastal states,"

4.12in particular, ensure that captains of all vessels rescuing migrants and refugees in the Mediterranean are able to disembark them in the nearest port of safety (as provided for by international maritime law), and that once rescued at sea, migrants are brought to safe places of reception where their basic needs are provided for by adequate living conditions, appropriate conditions to uphold the right to apply for asylum and for asylum procedures to be dealt with efficiently. Specific attention should be given to the care and conditions of children, and the provision of child-friendly support and information;

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

Votes: 16 in favor 109 against 4 abstentions

In the draft resolution, paragraph 4.12, delete the following words: ", and that once rescued at sea, migrants are brought to safe places of reception where their basic needs are provided for by adequate living conditions, appropriate conditions to uphold the right to apply for asylum and for asylum procedures to be dealt with efficiently. Specific attention should be given to the care and conditions of children, and the provision of child-friendly support and information".

In the draft resolution, after paragraph 4.12, insert the following paragraph:

"in cases of disproportionate migratory pressure on one of the States, to establish a mechanism, on a voluntary basis, in order to identify an alternative port of disembarkation;"

4.13increase regular and legal routes to Europe through resettlement programmes, humanitarian visa and swifter family reunification procedures, inter alia, so that people may apply for these rather than embarking on the irregular and deadly journey across the Mediterranean;

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

If adopted, amendment 15 falls.

Votes: 22 in favor 105 against 7 abstentions

In the draft resolution, delete paragraph 4.13.

02 October 2019

Tabled by Ms Zeynep YILDIZ, Mr Ziya ALTUNYALDIZ, Mr Ali ŞAHİN, Ms Serap YAŞAR, Mr Zafer SIRAKAYA

Falls if amendment 27 is adopted.

Votes: 29 in favor 86 against 18 abstentions

In the draft resolution, paragraph 4.13, after the words "reunification procedures" insert the following words: "such as the Voluntary Humanitarian Admission Scheme".

Explanatory note

The EU should be called on to activate the Voluntary Humanitarian Admission Scheme which will contribute to resettlement.

4.14 terminate training, financing and equipping as well as the logistical support for the so-called Libyan Coast Guard by the EU and its member states.

In the draft resolution, delete paragraph 4.14.

*This amendment is identical to amendment 7.*

02 October 2019

Tabled by Ms Petra BAYR, Ms Lise CHRISTOFFERSEN, Ms Selin SAYEK BÖKE, Mr Vernon COAKER, Mr Martin WHITFIELD, Ms Thorhildur Sunna ÆVARSDÓTTIR, Ms Rósa Björk BRYNJÓLFSDÓTTIR

If adopted, amendments 8, 9, 10 falls. Falls if amendment 7 is adopted.

Votes: 80 in favor 40 against 12 abstentions

In the draft resolution, replace paragraph 4.14 with the following paragraph:

"reconsider training, financing and equipping as well as the logistical support for the Libyan Coast Guard by the EU and its member States. A pre-condition for co-operation should be the full implementation of human rights standards set forth by the Council of Europe and other European and international institutions, and full respect for the Geneva Refugee Convention and related UN treaties."

In the draft resolution, at the end of paragraph 4.14, insert the following words: "while ensuring that migrants rescued by the Libyan Coast Guard are entrusted to centres overseen by the UNHCR".

02 October 2019

Tabled by Ms Zeynep YILDIZ, Mr Ziya ALTUNYALDIZ, Mr Ali ŞAHİN, Ms Serap YAŞAR, Mr Zafer SIRAKAYA

Votes: 45 in favor 75 against 9 abstentions

In the draft resolution, after paragraph 4.14, insert the following paragraph:

"increase their contributions to responsibility-sharing mechanisms for addressing the migration crisis."

Explanatory note

The Assembly should reiterate its calls for more responsability-sharing in addressing the migration crisis.

5The Assembly also urges the European Union to accelerate its work on revising the Dublin Regulation, on agreement and standards for safe third countries, without undue concentration on the externalisation of asylum processing. It recommends that future European Union presidencies give greater priority to putting an end to unnecessary deaths in the Mediterranean Sea and build on current positive debate among member States willing to share the responsibilities for reception and integration of refugees and asylum-seekers, so as to ensure equal sharing of responsibilities among member states.

02 October 2019

Tabled by Mr Norbert KLEINWAECHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN

Votes: 36 in favor 85 against 8 abstentions

In the draft resolution, paragraph 5, replace the words "asylum-seekers" with the word "migrants".