10/07/2024 Migration, International Protection and Economic Co-operation
The Migration Committee has expressed its concern about the phenomenon of migrants, refugees and asylum seekers going missing, “a tragedy largely underestimated and [...] a human rights issue” requiring policy responses across Europe and the world. It expressed its solidarity with the families of the missing, acknowledging their legitimate quest for information, as well as the right not to be forgotten.
The report by Julian Pahlke (Germany, SOC), adopted by the committee on 27 June, proposes to adopt a common definition based on the ICRC’s standard definition whereby “a missing person is an individual about whom their family has no news and/or who [...] has been reported missing as a result of an international or non-international armed conflict, other situations of violence, disasters or any other situation that may require the intervention of a competent State authority including in the context of migration”.
With a view to clarifying the fate of missing migrants, the committee called on member States to review their legislation in order to improve and harmonise national processes to record and manage cases of missing migrants and unidentified human remains, including “as regards gaps in the medico-legal framework and the issue of European and international data sharing,” in line with data protection standards.
It recommended that prosecutors systematically authorise the investigation and autopsy of unidentified bodies to collect as much information as possible within the short period of time available.
In addition, the committee invited national and regional authorities with responsibilities in the field of data protection, human rights and migration issues to intensify their coordination, between themselves and with international and UN organisations sharing recognised expertise on compilation – such as the ICRC, the IFRC, INTERPOL, the IOM, the UNHCR, and UN Special Rapporteurs and experts on the issue.
In this respect, the Council of Europe could play a meaningful role to ensure data protection conditions allowing for standardised processes and platforms to enable the matching of data, according to the parliamentarians.
Finally, pointing out that a significant number of missing migrants were children, the committee stressed the need for “the systematic registration of unaccompanied children”, for search efforts when they go missing, and for a safe referral to appropriate accommodation, educational facilities and, when applicable, to family reunification.