C Explanatory memorandum
by Lord Alexander Dundee, rapporteur
1 Introduction
1. When many migrants and potential
asylum seekers entered Türkiye trying to reach other European countries,
more than 13 000 of them assembled at the Turkish-Greek land border
in February 2020; and the Government of Türkiye announced that it
would no longer prevent migrants from leaving Türkiye to Greece.
Note Thousands allegedly managed to cross
the border to Greece,
Note while Greece had also the highest
number of migrant arrivals across the Mediterranean Sea in the European
Union at that time, with more than 6 000 people in the first two
months of 2020. The home affairs ministers of the European Union
reacted accordingly.
Note In September 2020, the overpopulated
and notorious camp Moria on Lesbos was set on fire and thereby totally destroyed,
leaving thousands of asylum seekers without accommodation.
Note All this happened when the Covid-19
pandemic struck Europe and elsewhere; thus causing borders gradually
to become closed for health reasons.
Note
2. Against the backdrop of this emergency situation in Greece,
on 24 June 2021, the Parliamentary Assembly held a current affairs
debate on “The need for an effective solidarity mechanism between
European countries to relieve migratory pressure on front line countries”.
Following this debate, the Assembly entasked the Committee on Migration,
Refugees and Displaced Persons to write a report on European solidarity
in the context of asylum and migration; for which report I was subsequently
appointed rapporteur. Previously, I had been member of the ad hoc sub-committee established
for a fact-finding visit to Lesbos, Greece from 10 to 12 May 2021.
3. Within only a few months after the war launched by the Russian
Federation against Ukraine on 24 February
2022, more than 4.8 million Ukrainians had already fled to other
European countries.
Note Representing the largest displacement
of persons in Europe since World War II, this also caused an immediate and
unprecedented solidarity among member States, the European Union,
the United Nations, humanitarian organisations and thousands of
individuals, as a result coming together within various initiatives
and charities. More than 7 million internally displaced persons
from eastern Ukraine are currently living in temporary accommodation
in western Ukraine.
4. The knock-on effects of the war on food and energy prices
as well as on the global economy in general are likely to induce
severe poverty in many countries, thus forcing a growing number
of people to migrate. For instance, more than 1 000 mainly Tunisian
asylum seekers recently came by boat to Lampedusa, Italy.
Note Per capita in Europe, Cyprus holds
the highest number of asylum seekers, who have travelled there from
the north across the Green Line.
Note And in just one day alone on 22
August 2022, some 1 300 asylum seekers arrived from France across
the English Channel into the United Kingdom.
Note This report is, therefore, all the
more timely: taking into account the present increased and ever
rising level of migration following Russia’s attack upon Ukraine.
5. “Migration” where conjoined with “asylum” is usually understood
to be work migration or general migration. In that context, European
solidarity is hardly relevant, because regular migrants will have
a visa or work permit for a given country in any case. Equally,
whether Ukrainians in other member States, or Syrians in Türkiye,
displaced persons are often afforded a temporary protection status.
European solidarity becomes necessary, however, when individual
member States are overwhelmed by the number of persons seeking asylum
or international protection. Therefore, I have proposed adapting
the title of this report to “European solidarity in the context
of asylum and international protection”.
2 Elements of European solidarity
6. European solidarity in the
context of asylum and international protection happens at various
levels: for instance, by the United Nations, the Council of Europe,
the European Union, member States bilaterally, local and regional
authorities, local communities, humanitarian organisations, private
corporations and individual persons. It is this mix of humanitarian
actors which can generate within a short time frame the huge amount
of humanitarian aid needed. Especially in emergency situations,
it is not enough to call for solidarity from others, but it is necessary
for everyone at all levels to start practical and concrete humanitarian
action, reflecting the wise words of John F. Kennedy: “Ask not what
your country can do for you – ask what you can do for your country”.
Note
7. In the first half of 2022, the European Union Agency for Asylum
counted more than 4.6 million persons seeking asylum or international
protection in the EU+ countries, including some 4.2 million displaced Ukrainians.
Note In addition, more than 7 million
Ukrainians are internally displaced persons, requiring humanitarian
help in their new Ukrainians host cities and localities.
Note
8. The movement of displaced Ukrainians
to neighbouring countries and further away to third countries has been
very high, but nearly equal numbers have returned back to Ukraine.
Such figures mirror the difficult humanitarian situation of hundreds
of thousands of persons and the challenges faced by local and national authorities
in Ukraine and abroad in order to properly look after displaced
persons.
Note
9. However, there are major differences
among Council of Europe member States regarding the numbers of persons
seeking asylum or international protection. Large differences also
exist within the European Union.
Note Looking at statistical data, one
can see also a significant increase in the number of irregular crossings detected
at EU’s external borders in Europe (knowing that the same person
may cross a border many times, as for instance noted in all Frontex’s
reports).
Note Most migrants crossing a border
unauthorised will apply for asylum or international protection when
they are detected, thus requiring accommodation, humanitarian goods and
services as well as legal assistance. These situations call for
greater European solidarity among member States.
10. Following my request to the
European Centre for Parliamentary Research and Documentation (
ECPRD) in the context of this report, I am very grateful for
the many responses received from national parliaments to the following
questions:
- In your country
at this moment, how many persons are recognised as refugees or have
received subsidiary, temporary or international protection status,
and how many protection applications are pending before your authorities?
How many internally displaced persons are in your country?
- Can you indicate the total costs covered by your country’s
public budget in 2021 and/or 2022 for the above persons in your
country, including for instance cash assistance, food and clothing,
housing and housing allocations, unemployment payments, family allocations,
schooling costs, healthcare costs, legal aid, and court fees?
- How much financial and technical assistance has your country
received from the United Nations, the European Union, other States,
or humanitarian organisations in this context?
- How much financial and technical assistance has your country
provided to the United Nations, the European Union, other States,
or humanitarian organisations for the benefit of the above persons
in other countries in 2022?
- How many persons have been relocated or resettled to or
from your country in 2022?
11. The responses confirm the huge costs to national authorities
when hosting persons seeking asylum or international protection
as well as the national differences in providing relevant assistance
to other countries and international organisations. All responses
are available from the Committee Secretariat.
12. Member States with high numbers of persons seeking asylum
or international protection face administrative and financial burdens
as persons must receive straight away upon their arrival proper humanitarian
aid. This might call for the solidarity of other member States in
the form of technical assistance, such as the provision of medical
substances and personnel; or the delivery of humanitarian goods
and services. Financial support comes only now and again bilaterally;
more often instead through the European Union or the United Nations.
Solidarity can also be the relocation or resettlement of persons
to another country, in order to reduce the number of people in the
country of first arrival. The United Nations High Commissioner for
Refugees (UNHCR) and the European Union Agency for Asylum often
help national authorities in the processing of applications for
asylum or international protection.
13. Such European solidarity is required for several reasons.
First and foremost, the humanitarian needs of those arriving in
a member State can be met better when other States assist those
countries of first arrival. Without European solidarity, front-line
countries are likely to be overwhelmed. And this can lead to secondary migration
throughout Europe, exposing asylum seekers to the multiple dangers
of illegal crossing of borders, such as exploitation and abuse by
migrant smugglers and life-threatening means of travel in lorries
or boats.
14. A good example of the positive impact of European solidarity
can be found in Greece. The European Court of Human Rights had decided
on 21 January 2011 in its Grand Chamber judgment of the case of
M.S.S. v. Belgium and Greece (Application
No. 30696/09),
Note that the material conditions for
asylum seekers in Greece had not been as required under the European
Convention on Human Rights (ETS No. 5), following a letter in 2009
by the UNHCR indicating deficiencies in the asylum procedure and
the reception conditions of asylum-seekers in Greece. Greece had
gone through a major economic and financial crisis at that time,
with migrants entering into Greece from Türkiye in large numbers.
Little had been done, in order to improve the humanitarian and security
situation inside the Greek camps and to stop secondary migration
on the so-called Balkans route.
Note Our committee
meeting in the Hellenic Parliament in Athens on 19 September 2022
was an opportunity to learn more about how European solidarity and
assistance have already applied to Greece; and how such European
solidarity can, therefore, equally apply to other countries in a
similar situation.
15. Political and humanitarian circumstances have significantly
changed since, with the European Union funding newly constructed
Reception and Identification Centres on several Greek islands
Note including Lesbos.
Note In addition, some member States
have accepted voluntary relocations of thousands of vulnerable refugees from
Greek camps,
Note as recommended in Assembly
Resolution 2409 (2021) “Voluntary relocation of migrants in need of humanitarian
protection and voluntary resettlement of refugees.”
16. The military aggression by the Russian Federation against
Ukraine has not only caused the largest displacement of persons
since World War II, but also the most numerous acts of solidarity
with a member State. Member States have accepted millions of displaced
Ukrainians, and many States and private donors have pledged hundreds
of millions of Euros or US-Dollars for humanitarian assistance in
Ukraine and other countries. Nevertheless, humanitarian needs remain
huge and will increase further as long as the Russian military attacks
continue in Ukraine and in particular against its civilian infrastructure
including electric power supplies, waterworks, hospitals and educational
institutions.
Note UNICEF indicated that more than
50% of all Ukrainian children were displaced within one month after
the invasion of Ukraine by Russian troops on 24 February 2022.
Note
17. The emergency needs for Ukraine
have been identified by the International Organisation for Migration (IOM)
through Ms Wen Li, Director for External Relations in her letter
to me on 29 November 2022.
Note She listed the following items:
1. Winterised tents with heating
system;
2. Generators, as much as possible up to 1 MW, according
to the following main ranges: 5-7 KW, 10-15 KW, 20-25 KW, 30-40
KW, 50-70 KW, 100-120 KW, 200-250 KW;
3. Heaters of any kind (radiators, mushroom heaters, electric
heaters, etc.);
4. Boilers;
5. Solid fuel (hardwood, briquettes, pellets, coal);
6. Accommodation containers with heating system;
7. Winter clothes, as many as possible;
8. Beds (portable beds), as many as possible;
9. Construction materials and tools for winterisation
(screws, panels, etc.).
18. European solidarity in the context of asylum and international
protection should not be limited to the member States or Europe.
Displaced Ukrainians and refugees from Russia and Türkiye currently
make up the highest numbers of asylum seekers arriving from Europe,
but most other asylum seekers derive from countries of origin or
transit countries outside Europe. Therefore, member States and the
European Union should also show proper solidarity with non-European
countries, in particular along the southern Mediterranean Sea, the Middle
East and northern Africa, in accordance with Assembly
Resolution 2380 and
Recommendation
2203 (2021) “Humanitarian action for refugees and migrants in countries
in North Africa and the Middle East”.
19. In this context, the 6th Ministerial Conference of the Euro-African
Dialogue on Migration and Development which took place on 13 and
14 December 2022 in Cadiz (Spain), adopted Political Declaration and
Action Plan establishing a co-operation programme for the period
of 2023-2027, which aims to co-ordinate national efforts in the
area of migration management through the Rabat Process and its partner
countries.
Note
20. The resettlement of refugees has considerably increased in
2021 and reached the highest numbers ever for Europe: the main countries
of origin were Syria (11 500) and Afghanistan (7 600), accounting
for 70% of all resettlements. Germany, Italy, Norway and Sweden
made most resettlements, accounting for 76% of all resettled refugees
in EU+ countries.
Note This increase is in line with the
Assembly’s call for more resettlements under its
Resolution 2409 (2021) “Voluntary relocation of migrants in need of humanitarian
protection and voluntary resettlement of refugees”.
3 Council
of Europe action
21. The Council of Europe is neither
a humanitarian organisation, nor has it set standards on solidarity
in the context of asylum and international protection. Nevertheless,
both the European Convention on Human Rights
Note and the revised European Social
Charter (ETS No. 163)
Note stipulate many fundamental rights
which apply to asylum seekers and migrants. Through European solidarity,
as a result, individual member States will become all the more able
to fulfil their obligations under these Council of Europe treaties.
22. The Council of Europe Development Bank was created in 1956,
by when tens of millions of displaced persons were living in current
member States of the Council of Europe in the aftermath of World
War II. Its purpose was to provide those member States with favourable
loans for humanitarian projects. Refugees and displaced persons
are a prime focus group of the Bank since its foundation.
23. The Bank has funded housing and other necessities for persons
displaced by the war in former Yugoslavia.
Note As Türkiye hosts some 3.7 million
displaced Syrians, the Bank oversees projects funded by the EU Facility
for Refugees in Türkiye for €140 million.
Note Recently, it has set up large bonds
for displaced Ukrainians in its member States.
Note The Irish Presidency of the Committee
of Ministers has also begun a specific Ukraine Donor Fund, which
can as well help Ukrainians in Ukraine, while Ukraine itself is
in the process of joining yet still not a full member of the Bank.
Note
24. Mr Tomáš Boček, Vice-Governor of the Council of Europe Development
Bank and former Special Representative of the Secretary General
of the Council of Europe for migration and refugees, presented on 13 October
2022 to our committee the scope for further action by the Bank,
including its current programme for Ukraine. Governor Carlo Monticelli
invited our committee to an exchange of views at the Council of
Europe Development Bank in Paris on 7 December 2022.
25. The great efforts by the Bank for refugees and displaced persons
over so many decades cannot be welcomed enough. Whereas the budget
of the Council of Europe does not contain funds for humanitarian assistance
or subsidies, the Bank’s statutory purpose does enable it to do
this. For instance, in addition to bonds set up for displaced Ukrainians
in its member States it has approved € 1.3 billion in loans to meet
long-term needs of refugees and host countries.
Note On 16 December 2022, the Bank disbursed
a grant amounting to € 900 000 to the Republic of Moldova for the
provision of healthcare services to refugees from Ukraine via the
Moldovan national health system.
Note
26. More member States of the Council of Europe should join the
Bank, and further ways for co-funding should be explored by non-member
States of the Bank which are members of the Council of Europe; the
latter applying as well to observer States and the European Union.
Given the immense challenges for member States caused by extremely
high arrival levels of refugees and displaced persons over the last
ten years, the Bank must be recognised and equipped as a key agent
for assisting member States and achieving greater solidarity in
Europe, thus avoiding humanitarian hardships for refugees and displaced
persons leading to secondary migration and the delocalisation of
refugees.
27. The Congress of Local and Regional Authorities of the Council
of Europe is using its Cities4Cities platform to promote and support
city twinning with Ukrainian cities, which are struggling under
the Russian military attacks and millions of displaced persons.
Note I am grateful for the excellent
co-operation with Mr Bernd Vöhringer, President of the Chamber of
Local Authorities of the Congress and Mayor of Sindelfingen in Germany,
who explained to our committee on 7 December 2022 the political
work and practical action of the Congress regarding the subject
of this report, in particular European solidarity with displaced
Ukrainians.
28. Local authorities are typically the first responders when
refugees and displaced persons arrive by train, bus, lorry, boat
or plane. Mayors and the services of local authorities are often
compelled to provide emergency assistance to new arrivals, including
accommodation, food and healthcare, but also school education and psychological
help. In their efforts for those arriving, the Mayors of Lampedusa
in Italy and Przemyśl in Poland have stood out as have so many others
in a variety of different cities in Europe. The governments and
national parliaments of member States must ensure that local authorities
are not left alone and without necessary technical and financial
support.
29. Various other Council of Europe departments have recently
found ways to help displaced Ukrainians, for instance through online
learning programmes
Note and other particular tools. Further
humanitarian ground action by the Council of Europe should also
be deployed as soon as it comes to light.
30. The Assembly focused upon the humanitarian consequences and
internal and external displacement in connection with the aggression
of the Russian Federation against Ukraine in its
Resolution 2448 (2022). The former situation on the Greek islands had been
addressed in
Resolution
2280 (2019); and earlier on, I was appointed by this committee to
prepare the reports leading to
Resolution 2409 (2021) “Voluntary relocation of migrants in need of humanitarian
protection and voluntary resettlement of refugees” as well as
Resolution 2380 (2021) “Humanitarian action for refugees and migrants in countries
in North Africa and the Middle East”.
31. As parliamentarians, we are able to raise issues in our own
national parliament, and to help promote or support certain actions.
In 2020 and 2021, working with our committee as well as with the
Ad hoc Committee on Migration of
the OSCE Parliamentary Assembly, I initiated European web-conferences
by the United Kingdom Parliament during the Covid-19 pandemic. Focusing
upon several aspects of and prescriptions for greater European solidarity,
these led to a Call for Action at the time of the World Refugee
Day 2021 and the 70th anniversary of
the 1951 Refugee Convention.
Note
4 European
Union action
32. The European Union is one of
the largest humanitarian donors globally. With Türkiye hosting more
than 3 million Syrians under temporary protection, the EU has allocated
some € 6 billion for humanitarian aid to Türkiye since 2016.
Note
33. EU decisions and legislation are able to advance solidarity
in particular, such as the decisions by the Council of the European
Union to accommodate Syrian asylum seekers in member States, or
the application of the Temporary Protection Directive to Ukrainians
displaced by the war in their country.
Note Following the political agreement
on 7 September 2022 between the European Parliament and the Council
of the EU, the EU has a Joint Roadmap on the Common European Asylum
System and the Pact on Migration and Asylum.
Note
34. Since the large arrival of refugees in Europe in 2015, the
EU has voluntarily resettled thousands of refugees from Italy and
Greece to other EU countries.
Note Voluntary relocations have also
taken place to the non-EU States Iceland,
Note Norway
Note and Switzerland.
Note During the French EU Presidency
in 2022, EU member States have again agreed to relocate asylum seekers
on a voluntary basis from States at external EU borders.
Note
35. For some years, a mandatory relocation among EU member States
has been discussed.
Note However, this discussion has not
led to any compulsory results, as EU member States themselves have
largely the final decision-making power on immigration.
Note It seems difficult to imagine that
asylum seekers be transferred to a third country against their will
or choice, and that this third country could be forced to accept
and host an asylum seeker. In addition, secondary migration within
the EU would probably be the result of such mandatory relocations,
where both asylum seekers and host countries are opposed to the
relocations. Our Assembly has therefore favoured voluntary relocations
and voluntary resettlements in its
Resolution 2409 (2021).
5 United
Nations action
36. The United Nations is typically
the organisation which “stays and delivers”, not least during emergencies, catastrophes
or even armed conflicts, as in Ukraine now. The UN Office for the
Coordination of Humanitarian Affairs is the principal body for preparing
humanitarian needs assessments and distributing humanitarian aid through
UN bodies such as the IOM, UNHCR, UNICEF, and the World Food Programme.
I am grateful to Ms Denise Brown, the UN Resident Coordinator and
Humanitarian Coordinator in Ukraine, for her briefing by telephone
conference in the context of my report. It goes without saying that
European solidarity action should, therefore, be built up in close
co-operation with the UN.
37. UNHCR assists resettlement programmes for asylum seekers,
for example from Libya to Italy, Rwanda and other countries.
Note The IOM helps such programmes as
well; yet also runs Assisted Voluntary Return and Reintegration
programmes for persons, who do not wish to pursue further their
asylum application but instead voluntarily return to their home
country.
Note
6 Humanitarian
non-governmental organisations
38. In view of the humanitarian
impact of the Russian war against Ukraine, many humanitarian NGOs
have become champions of European solidarity in practical terms.
Without such support, governments, the EU and the UN would not have
managed to deliver humanitarian aid and solidarity on the ground
as effectively as they have. Individuals, charities and foster homes,
for instance, have accommodated relocated Ukrainians in large numbers.
39. The UN Food Security and Livelihoods Cluster is running projects
and co-ordinating action in Ukraine with many humanitarian organisations
and charities and their hundreds of local partners active in Ukraine.
Note Having started at the Ukrainian
border in eastern Poland, my family charity Siobhan’s Trust is now
helping up to 4 000 displaced persons per day with warm food in
Ukraine.
Note
40. Since witnessing directly on the ground the most pressing
needs, not surprisingly humanitarian NGOs are typically the first
to react. They are also the first to notice administrative defects
and problems within the scope of wider European solidarity. Therefore,
it is necessary for politicians to consult certain relevant NGOs whenever
discussing, deciding and implementing policies for European solidarity
in the context of asylum and international protection.
41. The INGO Conference of the Council of Europe supports international
NGOs, which work for the access of migrant populations, refugees
and asylum seekers to their fundamental rights.
Note While such legal and political advocacy
work is very important, the INGO Conference might usefully also
consider supporting its member NGOs in providing practical humanitarian
assistance to those in need.
7 Conclusions
42. While the Statute (ETS No.
1) of the Council of Europe, signed in London on 5 May 1949, does
not limit its action to standard-setting, monitoring and co-operation,
the Warsaw Summit in 2005 set that focus for the Council of Europe.
The military attack of the Russian Federation against Ukraine is
a watershed for Europe and has displaced millions of Ukrainians.
Against this background, the Council of Europe has a role to play
in making sure that its co-operation activities support humanitarian
assistance and European solidarity regarding displaced persons,
refugees and persons under international protection, in association
and co-ordination with other international actors.
43. The Council of Europe Development Bank has earmarked huge
sums for Ukrainians displaced to other member States as well as
for Ukraine while it is acceding to the Bank. This action should
be supported by more member States acceding to the Bank and supporting
its action financially. Other bodies of the Council of Europe also
have a great potential to become engaged in such European solidarity,
in particular the Congress of Local and Regional Authorities, the
INGO Conference, the European Youth Centres in Strasbourg and Budapest,
and the North-South Centre in Lisbon.
44. Stronger co-operation by the Council of Europe with the European
Union and the United Nations is essential in this context. The Assembly
should be key in mobilising the political support necessary, in
order to achieve more European solidarity regarding this major challenge
thereby ensuring greater unity among its member States in accordance
with the Statute of the Council of Europe. The coming Summit of
Heads of State and Government of member States in Reykjavik in May
2023 provides an opportunity for the Assembly to take a lead in
this respect.
