Rights and obligations of NGOs assisting refugees and migrants in Europe
- Author(s):
- Parliamentary Assembly
- Origin
- Text
adopted by the Standing Committee, acting on behalf of
the Assembly, on 4 December 2020 (see Doc. 15161, report of the Committee on Migration, Refugees and
Displaced Persons, rapporteur: Mr Domagoj Hajduković; and Doc. 15174, opinion of the Committee on Legal Affairs and Human
Rights, rapporteur: Ms Alexandra Louis).See also Recommendation 2192 (2020).
1. The Parliamentary Assembly pays
tribute to the enormous and tireless efforts of so many non-governmental
organisations (NGOs) which are assisting refugees and migrants in
Europe and globally. Depending on voluntary donations or working
as contractual partners of the United Nations, the European Union
(EU) or member States, these NGOs perform extremely valuable humanitarian
work. Without the efforts of thousands of volunteers working for
NGOs, member States would not be able to meet either their legal commitments
regarding refugees and migrants arising from, inter
alia, the European Convention on Human Rights (ETS No. 5)
and the United Nations 1951 Convention relating to the Status of
Refugees, or their daily humanitarian needs.
2. Many NGOs provide specialised forms of assistance to migrants
and refugees, in particular humanitarian assistance in refugee camps
or other accommodation for migrants, medical and psychological support,
educational services or legal assistance and translation services
to administrations and before courts. Some assist refugees in finding,
and reuniting with, family members. Others help migrants who are
victims of violence, human trafficking and crime. Their neutrality
and humanitarian competence enable them in some cases to work in
conflict situations, following the historical example of the International
Red Cross and Red Crescent Movement. In addition, NGOs have an important
role in raising awareness about the situation of refugees and migrants,
including human rights violations.
3. Many NGOs assist refugees and migrants, but there are also
good examples of how refugees participate actively in the work of
NGOs and even create NGOs themselves. This allows NGOs to better
take account of the specific needs of the persons concerned and
can ensure that humanitarian assistance effectively reaches beneficiaries.
Within NGOs, refugees can also overcome language barriers and cultural
differences. The Assembly encourages NGOs and donors to include
refugees and migrants in the implementation of their humanitarian
work and its monitoring.
4. Referring to Recommendation CM/Rec(2018)11 of the Committee
of Ministers on the need to strengthen the protection and promotion
of civil society space in Europe, to Assembly
Resolution 2226 (2018) and
Recommendation 2134 (2018) on
new restrictions on NGO activities in Council of Europe member States, together
with
Resolution 2225
(2018) and
Recommendation
2133 (2018) on protecting human rights defenders in Council
of Europe member States, the Assembly strongly condemns attacks
on NGOs and their donors, which have taken the form of physical
violence; legal obstacles; judicial, administrative or fiscal harassment; smear
campaigns; political accusations or even racist attacks. Respecting
the rights and freedoms of NGOs, in particular the rights and freedoms
guaranteed under Articles 8, 10 and 11 of the European Convention
on Human Rights, is imperative for upholding fully functioning democratic
societies. At the same time, governments or political organisations
should not use NGOs as vehicles for extending their sphere of influence through
political agitation.
5. Recalling Article 11 of the European Convention on Human Rights,
the European Convention on the Recognition of the Legal Personality
of International Non-Governmental Organisations (ETS No. 124), Recommendation
CM/Rec(2007)14 of the Committee of Ministers on the legal status
of non-governmental organisations in Europe, the Joint Guidelines
on Freedom of Association adopted by the European Commission for
Democracy through Law (Venice Commission) and the Office for Democratic
Institutions and Human Rights of the Organization for Security and
Co-operation in Europe (OSCE/ODIHR) and the Guidelines on Protecting
NGO Work in Support of Refugees and Other Migrants prepared by the
Expert Council on NGO Law of the Conference of INGOs of the Council
of Europe, the Assembly is deeply concerned by reports about politically
motivated and undue restrictions on the work of NGOs which are assisting
refugees and migrants.
6. The legislation and practice of member States must comply
with Council of Europe standards and member States concerned should
also implement the opinions of the Venice Commission and the Expert Council
on NGO Law of the Conference of INGOs of the Council of Europe in
this field.
7. The Assembly refers to the “Report on funding of associations”,
adopted by the Venice Commission in March 2019, which lays down
guidelines on foreign funding of NGOs in Council of Europe member
States. It considers that member States should neither discriminate
against foreign NGOs providing humanitarian assistance to refugees
and migrants on their territory, nor should they restrict foreign
funding of humanitarian work by domestic NGOs. In this regard, humanitarian
donations and activities should not be subject to taxation by national
fiscal authorities.
8. Being such pivotal civil society actors, NGOs must, for their
part, comply with requirements such as respect for national laws
and transparency. They should be incorporated and ensure clarity
regarding their objectives, staff, funding, use of financial resources
and activities. Lack of transparency, political agitation, religious
or philosophical proselytising or commercial lobbying by NGOs which
assist refugees and migrants would undermine public trust in them.
9. The Assembly welcomes the substantial financing by the EU
of NGOs providing assistance to migrants and refugees. In the current
context, it invites member States which are also EU members to continue
their budgetary contributions during and after the Covid-19 pandemic.
Oversight of the appropriate use of such funds should be assured
by the European Court of Auditors and the EU Anti-Fraud Office (OLAF).
10. Because NGOs can be vehicles for illegal activities, such
as the smuggling or human trafficking of migrants, money laundering
or aiding terrorism, they must take all precautions to ensure that
they do not unintentionally become parties to such criminal activities.
In line with the Protocol against the Smuggling of Migrants by Land,
Sea and Air, supplementing the United Nations Convention against
Transnational Organized Crime (Palermo, 2000), member States should
not criminalise the transport of migrants across borders on purely
humanitarian grounds. They must also refrain from criminalising
other activities of NGOs which assist refugees and migrants, unless
they are justified in doing so under Article 11 of the European
Convention on Human Rights. European history provides a multitude
of heroic examples of humanitarian smuggling of refugees fleeing
various dictatorships or ethnic cleansing.
11. Recalling its
Resolution
2229 (2018) on international obligations of Council of
Europe member States to protect life at sea, the Assembly emphasises
that NGOs should be allowed to carry out search and rescue activities
in international waters and disembark rescued persons at the nearest
safe port, in accordance with international maritime law. National
border guards can set up rules or codes of conduct for the co-operation
of NGOs in official search and rescue operations within national
territorial waters. In the current context of the Covid-19 pandemic
and its aftermath the Assembly recalls that the “safety” of a port
is also determined by local health risks. Nevertheless, the specific
health problems of people rescued at sea require more rapid disembarkation
and medical treatment.
12. The Assembly calls on Council of Europe member States to sign
and/or ratify the European Convention on the Recognition of the
Legal Personality of International Non-Governmental Organisations,
if they have not yet done so.
