Putting an end to collective expulsions of aliens

Motion for a resolution | Doc. 15903 | 24 January 2024

Signatories:

Mr Pierre-Alain FRIDEZ, Switzerland, SOC ; Ms Laura CASTEL, Spain, UEL ; Mr Yves CRUCHTEN, Luxembourg, SOC ; Mr Emmanuel FERNANDES, France, UEL ; Ms Aurora FLORIDIA, Italy, SOC ; Lord George FOULKES, United Kingdom, SOC ; Ms Béatrice FRESKO-ROLFO, Monaco, ALDE ; Mr Paul GAVAN, Ireland, UEL ; Mr Oleksii GONCHARENKO, Ukraine, EC/DA ; Lord Leslie GRIFFITHS, United Kingdom, SOC ; Ms Hripsime GRIGORYAN, Armenia, SOC ; Mr Niklaus-Samuel GUGGER, Switzerland, EPP/CD ; Ms Zita GURMAI, Hungary, SOC ; Mr Andrej HUNKO, Germany, UEL ; Ms Marietta KARAMANLI, France, SOC ; Mr Kimmo KILJUNEN, Finland, SOC ; Ms Stephanie KRISPER, Austria, ALDE ; Mr Christophe LACROIX, Belgium, SOC ; Mr Dimitrios MANTZOS, Greece, SOC ; Mr Didier MARIE, France, SOC ; Mr Simon MOUTQUIN, Belgium, SOC ; Ms Valérie PILLER CARRARD, Switzerland, SOC ; Ms Diana STOICA, Romania, ALDE ; Ms Sandra ZAMPA, Italy, SOC

This motion has not been discussed in the Assembly and commits only those who have signed it.

International migration law requires respect for the right of any person seeking assistance and protection in the context of an asylum procedure to have their individual situation examined in a reasonable and objective manner. Furthermore, the collective processing of asylum applications is prohibited, and any appeals procedure must suspend the expulsion order.

Similarly, collective expulsions are contrary to international law, in particular Article 4 of Additional Protocol No. 4 to the European Convention on Human Rights (ETS No. 46), which prohibits the collective expulsion of aliens, in particular if there is no genuine and effective access to means of legal entry, including for lodging an asylum application.

Unfortunately, these practices are still going on and amount to a violation of human rights. Fourteen cases of collective expulsions involving different countries are currently before the Strasbourg Court.

Recent events in Mayotte have brought this issue back to the fore.

As these essential requirements of international human rights law and international migration law are still not being observed, leading to a failure to respect the rights of migrants, the Parliamentary Assembly should examine this issue in order to take stock of the situation and draw attention to the good practices that are needed in this area.