04/10/2024 Session
Expressing its concern at the lack of consistency in the legislation of member states aimed at combating the smuggling of migrants, PACE today proposed that the Council of Europe draw up an instrument on the smuggling of migrants “which ensures as much consistency as possible in the understanding and interpretation of this crime”.
According to the resolution adopted by PACE, based on the report by Lord Simon Russell (United Kingdom, EC/DA), this instrument “would usefully complement the international standards set in the Palermo Protocol”. It should clarify that people in need of protection “should never be criminalised or administratively sanctioned for crossing a border unauthorised”, and explicitly exempt humanitarian assistance to migrants from any form of criminal liability.
“The crime of migrant smuggling is not equal in nature to irregular border crossing”, the parliamentarians said, underlining that laws on migrant smuggling should never be used to intimidate or criminalise migrants and migrants’ rights defenders.
PACE called on states to adopt a dual approach, which should aim to regulate and protect human mobility through international co-operation on the one hand, while enhancing the means for investigating and sanctioning organised cross-border criminal groups on the other hand.