Greece, EPP/CD, President of the Assembly
15:42:19
Good evening, dear colleagues.
The sitting is open. Yes.
Can I ask why again and again these debates don't start on time? Can we please have a rule that all debates should start on the dot?
Greece, EPP/CD, President of the Assembly
15:42:44
I would applaud this as well. You have my apologies.
This is the first time – the first time – since I was elected last January that there is a delay of 10 minutes. There was not even a 1 minute delay in all other sessions. So I accept what you have said but please recall that since I was elected President of this Assembly, which is a great honour, it is the first time – it is the fourth session we have had – and it is the first time that there was a delay.
My apologies. I was with the 11 families of people who came from Ukraine to meet the President of this Assembly because they having missing persons – they are in jail, detained or killed and I felt like I had the obligation having the honour to represent you all not to stay with them only half an hour. It took me 5 more minutes.
So, dear colleagues, I just want to remind you that you should insert your badge before taking the floor. As you begin your speech, please press the microphone button once only.
I have the honour of announcing the results for the election of a judge for the European Court of Human Rights for Poland.
The total number of members voting: 154; the number of spoilt or blank ballot papers: 0; the number of valid votes: 154; the absolute majority of the votes cast: 78.
The votes were cast as follows:
Ms Anna ADAMSKA-GALLANT: 107.
Ms Małgorzata WĄSEK-WIADEREK: 9.
Mr Adam WIŚNIEWSKI: 38.
Ms Anna ADAMSKA-GALLANT, having obtained a majority of votes cast, is elected judge of the European Court of Human Rights for a term of office of nine years, which shall commence no later than three months after her election.
I think we should applaud her.
Dear colleagues,
We now come to the joint debate on two reports from the Committee on Migration, Refugees and Displaced Persons. The first is titled “A shared European approach to address migrant smuggling” presented by Lord Simon RUSSELL; the second is titled “Missing migrants, refugees and asylum seekers – A call to clarify their fate” presented by Mr Julian PAHLKE, which will be followed by a statement by Mr Michael O'FLAHERTY, Commissioner for Human Rights of the Council of Europe.
In order to finish by 5:30 p.m., I will interrupt the list of speakers at about 4:50 p.m., to allow time for the reply and the vote.
I call now Lord Simon RUSSELL, rapporteur, to present the first report. As you know, you have 7 minutes now, and 3 minutes at the end to reply to the debate.
You have the floor.
Thank you very much, Mister President.
Dear colleagues and Commissioner for Human Rights, it's a privilege to speak before you today about some of the issues around migrant smuggling which are fuelling the angry and often divisive dialogue of the deaf in our national and international political debates, particularly in this year of elections.
This report aims to contribute in a calm and reasoned way PACE's input to the current discussions on migrant smuggling across Europe.
The smuggling of migrants is cross-national and international by nature. Countering it requires intensive, complex, and continuous cross border cooperation between governments and law enforcement authorities. And this can only work well if sufficient resources are available and when policies and practices are aligned to the same standards and legal definitions. It is an uncomfortable challenge and balancing act for sovereign states and groupings of sovereign states to manage their borders and to combat transnational crime, including instrumentalisation, while simultaneously adhering to international human rights law.
But let me be absolutely clear. I do not consider that it is the role of the Council of Europe to interfere, or to be seen to interfere, with such sovereign rights. These are the competence of nation states and of the EU, to which 27 of our member states belong.
But I do consider that our role is to emphasise and underscore the core principles of human rights and the rule of law which virtually all member states are signed up to. Last year, at the Reykjavík Summit, European leaders reiterated the importance of international cooperation in fighting against the smuggling of migrants. And the Committee of ministers is now reflecting on whether the Council of Europe should adopt an instrument on migrant smuggling.
Last month, the Council of Europe organised the second international Conference on Migrant Smuggling, where I presented the preliminary conclusions of my report. The permanent representatives of member states were present alongside colleagues from the United Nations Office on Drugs and Crime (UNODC), Interpol, European Union Agency for Criminal Justice Cooperation (Eurajust), and prosecutors from member states. We heard about the concrete efforts already underway over the past years to help structure the judicial and police response to this crime.
These efforts are part of the renewed efforts by our partner, the European Union, which has begun the process of updating its legislation in this field. And the rationale for this report is largely due to the timing of these new initiatives. The crime of migrant smuggling is clearly defined in international human rights law in the Palermo Protocol to the UN Convention against Transnational Organized Crime, and it is defined as the procurement of the illegal entry of a person into a state party in order to obtain a financial or other material benefit.
45 member states have signed this protocol, yet national legislation remains very inconsistent, and many countries conflate irregular border crossing and migrant smuggling. It is my hope and contention that if PACE and other bodies work together to acknowledge and address such inconsistencies, this will reinforce and underpin the entirely legitimate right of sovereign states to control their borders while simultaneously safeguarding the rights of people on the move.
I do not believe that these two objectives are not achievable together and can't be reconciled.
The draft resolution and recommendation call for the adoption of a joint definition on migrant smuggling across member states, and this definition should clarify what the crime of migrant smuggling does and does not involve. This would help avoid unintended consequences, such as the criminalisation of humanitarian assistance, and it would help focus the deployment of technical, material, and human resources on the increasingly intensive and coordinated investigative operations against high level structured smuggling businesses and other associated cross-border crimes, without transgressing established human rights protections.
I now want to touch on a difficult, divisive, and contentious subject, the instrumentalisation of migration movements by states such as Russia and Belarus.
As a UK citizen, I am uncomfortably aware of the contentious issue of migrants and refugees arriving across the English Channel, and I can only imagine how shocked and disillusioned one might be in a neighbouring state to have a rogue state weaponise the import and then forcible export of human beings across one's borders. The Assembly adopted in 2021 a resolution on this which was extremely well intended, but I'm sure it is of little help or comfort to the countries which are the recipients of these people being pushed across borders. And I contend that this problem cannot be resolved and diminished by pushbacks. Indeed, I suspect that the controversies that result from pushbacks and the agonising about them in organisations like ours actually brings a smile to the face of those responsible for instrumentalisation, and probably encourages them to redouble their efforts to bring even more misery and political turmoil to their neighbours.
If we want to be credible and efficient in our response to criminal acts, we must be clear, and consistent in our laws, definitions, and principles. Pushbacks are an understandable response from a frontline state that may feel it gets warm words and sympathy from fellow states that in fact breathe a prayer of thanks that they're not in the front line against instrumentalisation themselves. That is cold comfort.
As I mentioned earlier, the timing of this report is quite deliberate. The EU is about to consider a new raft of measures to enable itself and its member states to respond more forcefully and effectively than it does at present. The members of the Council of Europe, which are most heavily affected by migrant smuggling and instrumentalisation, are also EU members. I contend that it is our job to define, collate, and clarify the multiple human rights protections and legal rights which have evolved over time. That is what is behind this report. But it is not our job to tell nation states or the EU how they should respond. It is our job to remind them that there are lines which should not be crossed.
We must work together with them and not run the risk of being perceived as well intentioned and idealistic interfering idiots, or even as unhelpful competitors. It is my hope that this report will help contribute to this what must be a joint effort, and I look forward to the debate and listening to your comments and suggestions.
Greece, EPP/CD, President of the Assembly
15:53:02
Thank you, thank you Lord Simon RUSSELL.
I now call Mr Julian PAHLKE, rapporteur, to present this second report.
You have 7 minutes now and 3 minutes at the end to reply to the debate.
Dear Mister Chair, dear colleagues,
Before my time as a parliamentarian, I spent more than four years on rescue vessels in the central Mediterranean. I worked tirelessly with many others to prevent people from drowning in the Mediterranean. We had dramatic rescues where everyone survived and was brought to safety.
And we had those rescues where people drowned also in front of my own eyes, simply because we weren't enough rescuers in the area on this day.
And I will never forget the day when we found the body of a drowned woman that had already been floating in the sea for a couple of days. Even with all our efforts, we weren't able to retrieve it because it was already coming apart. We waited for hours for a larger vessel with better equipment. We put so much effort into retrieving this body because we wanted to preserve what was left of this person's dignity; for her not to be entirely forgotten; for her relatives to have at least the slightest chance to know of the death of their loved one.
Like this woman, more than 30 000 people have vanished in the central Mediterranean alone in the past ten years, not even considering the migration routes over land or the deaths at land borders.
It is a question of humanity to prevent people from going missing in the first place, but also to preserve every piece of information when the person actually goes missing; to allow for the families to search for their loved ones, to create certainty, to allow for the necessary paperwork and certificates to be issued, like a death certificate.
All of this matters.
It is therefore my privilege to discuss with you the report and the recommendations.
In brief, I believe that we need a centralised approach to storing the DNA of victims and with this, to also allow for a centralised matching system for relatives. With the help of civil society organisations, humanitarians and the co-operation of states, relatives should be able to turn to an institution when in search for their loved ones.
Also, family often lack access to the country where their relative is buried or the remains are located. If states would improve their access to visas for relatives to attend a funeral or to repatriate the mortal remains, we would allow families to grieve and to finally close a chapter which has remained open for too long.
I was generously hosted by Greece for a visit under my mandate. Their practice of identification after the Pylos incident was outstanding and can serve as an example. But by the use of such practices, we would at least preserve some of the human dignity of those who go missing.
And of course, if such a system would be in place, it would not save a life, but it would be necessary. But it's an answer to the question: which value does human dignity have, and how long does dignity last? And our answer is: human dignity is an achievement of our civilisation and it goes beyond death.
Thank you.
(Light applause)
Greece, EPP/CD, President of the Assembly
15:56:39
Thank you, Mister PAHLKE.
I would now like to welcome Mr Michael O'FLAHERTY, Commissioner for Human Rights of the Council of Europe. Mr Michael O'FLAHERTY will make a statement now and I have the honour to give you the floor.
Commissioner for Human Rights of the Council of Europe
15:56:54
Thank you very much, Mister President.
I greatly appreciate the invitation to return to the Plenary. And I thank you and the honourable members for the welcome.
Since I took up the mandate of Commissioner, I've spent a considerable amount of time engaging on issues of migration. I've spent a lot of that time visiting walls – new walls, higher walls along our frontiers. I've witnessed and I've argued against the repudiation of law. And I've observed with increasing concern the opening of the issue of the renegotiation of treaties.
There's one common theme running across these manifestations, and that is the theme of making our borders and our countries more secure. I would argue that it's a dangerous and misguided direction for at least three reasons.
First, this toughening of border policy does not serve its stated purpose, at least in the medium term, it makes the smugglers more daring. It makes them more dangerous, more ruthless and equally effective.
Second, this model of securitisation posits a human rights security zero-sum game that is false. Human rights respectful migration policy is actually better migration policy – predictable, fair, trustworthy.
And third, strategies that lead to the violation of international law are corrosive of the rule of law.
So what would a human rights compliant refugee and migration and border policy look like? It would have at least five elements, which I'll very quickly present to you now, starting with the topics of the two reports before you.
Firstly, on the matter of curbing smuggling, which is a vital task, the smugglers must be treated as the criminals that they are, but nevertheless, I would urge that we pay attention to the root cause of smuggling, and that is the absence of safe and legal pathways for migrants and for their applications for protection to be considered.
Second, we must be very careful in the deals we make with third states in the management of smuggling. Just look at the situation some countries have found themselves in in regard to relationships with countries such as Libya and Tunisia.
And third, as the rapporteur has spoken of just a few moments ago: let's avoid the criminalisation of humanitarian action by insisting that any definition of smuggling be that contained in the Palermo Protocol.
And finally, in terms of criminalisation, for goodness sake, avoid the temptation of criminalising smuggled people.
Turning to the issue of missing migrants, I agree with Mr Julian PAHLKE about the importance of the topic. And he was able to describe in a much more potent form than could I, why it is such an important topic. But if you'll allow, I'd like to concentrate now on the issue of its prevention. Two things here: again, safe and legal pathways are integral to the avoiding of deaths at sea and elsewhere. And second, speaking of the sea, we have got to enhance search and rescue capacity. Frankly, it's a disgrace for our countries together and separately, that we do not have in place in the Mediterranean the capacity to rescue drowning people.
Turning to other areas, once people arrive, it is vital that we give them a meaningful opportunity to apply for international protection and that we give them an individuated determination of their case. And in this context, I don't feel the need to debate pushbacks. For me, it's clear. Pushbacks are an intolerable and egregious violation of law.
Fourth, we need to ensure decent reception conditions. We can do it. Much of the problem we encounter in terms of overcrowding, bad facilities, poor care, is our own doing because we put the reception facilities in the wrong places for tactical reasons. We put them in remote locations and we crowd them into single places where resources are stretched. All such issues can easily be avoided.
Fifth, and finally, I would strongly encourage that our member states consider putting in place independent human rights monitoring systems at the borders. Where this has been tried, it has found to be useful and effective in terms of reducing the allegations of abuse and in general enhancing the sense of trust in the systems.
Time is short, and so I conclude here by means of citing the world's arguably most powerful advocate for better migration policy, Pope FRANCIS. Speaking recently, he recalled that migration cannot be managed by stricter laws or border militarisation. Instead, he said, it requires a justice, fraternity and solidarity.
Thank you.
Greece, EPP/CD, President of the Assembly
16:02:07
Thank you. Thank you very much, Mister Michael O'FLAHERTY, for your insightful address.
In the debate I will call first Mr Petri HONKONEN from the Alliance of Liberals and Democrats for Europe.
Finland, ALDE, Spokesperson for the group
16:02:23
Thank you, Mister President, dear colleagues.
First I want to thank our rapporteurs, Lord Simon RUSSELL and Mr Julian PAHLKE, for their excellent work on these sensitive questions.
On behalf of the Alliance of Liberals and Democrats for Europe, I must say how unfortunate it is that so often in this Assembly we talk about and consider consequences, because that means that we are already too late. A dead human being in the Mediterranean is somebody's beloved daughter, son, husband, sister or a friend. This terrible phenomenon that we see in the Mediterranean Sea is a severe consequence of the incapability of European states to stop this tragedy that is unfolding before our very own eyes.
This report rightly raises a strong need to have joint efforts to prevent deaths, but also clarify the fate of the lost people.
The European Convention of Human Rights clearly states that member states have a duty to prevent any violations to the right to life and investigate any cases of unnatural death. From this perspective, Europe and EU member states should work better. Building walls will not stop people from seeking refuge. To prevent the phenomenon of irregular migration, we need better international co-operation and functional, safe routes for those who seek safety.
We must engage in co-operation with African countries of origin and better support their development and stability. We must also improve humanitarian aid and support.
The EU's role is crucial in implementing these policies with African states, but also in generating rescue operations.
From a liberal perspective, it would be most desirable that all member states respect human dignity and do their utmost in solving the fate of missing people, but also in recognising unknown bodies.
The toolkit for this is rapidly improving, but there is still some uncertainty in the use of modern technology in these measures. The protection of personal data is important, and I'm also glad that the resolution covers also this aspect.
Thank you.
Greece, EPP/CD, President of the Assembly
16:05:12
Thank you, Petri.
Mr Paul GAVAN, on behalf of the Group of the Unified European Left.
Thank you, Mister President.
On behalf of the United European left, I want to commend the rapporteurs of both of these reports.
And I want to particularly welcome the speech by our new Human Rights Commissioner, who called out very clearly for a human rights compliance migration policy. That's what all of us should be able to agree on in this chamber.
The first thing I want to say is that people fleeing conflict are dying, especially in the Mediterranean, en route to Europe due to to a lack of safe pathways. The fact that reports like these need to be written is proof positive of our collective failure to protect desperate and vulnerable human beings trying to make their way to Europe. This failure is compounded by the fact that many of these desperate people are fleeing wars and the aftermath of wars created by western countries.
In the limited time available I want to focus particularly on Mr Julian PAHLKE's report. It's timely given the recent increase of deaths at sea. 2023 was the deadliest year on record for migrants, and the International Organization for Migration has estimated that more than 1 000 human beings have died or been reported missing in the central Mediterranean Sea since the start of 2024.
There are many reasons why migrants go missing, and obvious reasons why we need to ascertain what happened to them, all of which are laid out very well in this report.
The report rightly points out the need for harmonised standards of reporting, investigating, and the handling of information on missing migrants and refugees. The support or lack of for families of missing people is a huge issue. It is awful to hear that some families can't access visas to help with the search or identification of their loved ones, or indeed to arrange their funeral or repatriation.
The financial burden of all of this, as well as the administrative blocks that families face in search of information, is both heartbreaking and cruel.
The report also acknowledges that there are some good practices being used and acknowledged the work of the Missing Migrants Project, the Family Links network and Interpol's I-Familia initiative.
According to data collected by the Missing Migrant Project, globally 68 000 human beings have died since 2014. The remains of 28 000 people who lost their lives during migration have not been recovered. Over 30 000 of those dead or missing migrants were recorded on the Mediterranean routes. We know that search and rescue efforts and the facilitation of safe, regular migration could prevent many of these deaths. But instead, Europe maintains its dangerous policy of pushbacks and dodgy deals with countries who have appalling track records for human rights abuses, like Libya and Tunisia.
On a recent fact-finding trip to Lampedusa for the Committee on Migration, Refugees and Displaced Persons, I heard first-hand testimony from children. Boys who've suffered horrendous torture and abuse at the hands of the Libyan authorities, the weaponisation of migration, the cruel plans for an EU migration pact that will only lead to detention centres across our borders. We must and can do much better.
Greece, EPP/CD, President of the Assembly
16:08:23
Thank you, Paul.
On behalf of the Socialist Group, Mr Paulo PISCO.
Thank you Chair, dear colleagues,
These two reports, on missing migrants and on migrant smuggling, deal with very complex and sensitive domains, where the violation of human rights are permanent, with much violence and loss of lives.
Smuggling migrants is an attractive criminal activity because it has a huge economical return and is not easy to fight, because it often happens beyond our borders and has the complicity of corrupt state authorities and security forces.
But instead of closing our eyes to the frequent barbaric violations of human rights, just because some countries want above all to prevent migrants from arriving at their borders, we need a more human approach, to protect people from violence, exploitation and degrading treatment, as happens in some countries, and bigger political efforts to fight more effectively against migrant smuggling.
It is not acceptable as something normal that so many lives of migrants are lost in the journey, on land and in sea, especially in the Mediterranean, and them just be abandoned. Countries have the moral duty to do everything they can to give dignity to the people that die on their soil without reaching their dream of a better and free life. That is the main subject of the powerful and very human report of our colleague Mr Julien PAHLKE, whom I congratulate.
In this sense, people who die in the journey to reach Europe should not be abandoned, and national practices and procedures to investigate, recuperate and identify their bodies should be effective, including warning their respective families, with respect to international humanitarian law. Human dignity exists also in the way we treat dead people.
On the other hand, the report of Lord Simon RUSSEL, beyond presenting a broad perspective of the legal instruments at the national and international level to fight migrant smuggling, touches on some relevant points, such as the need to protect borders, but with full respect for human rights and of the right of peoples to move.
Even if migration flows can’t be stopped by decree, it is of utmost importance to create legal, accessible and safe channels for migrants, paying special attention to women, children and victims of political violence.
Therefore, it is also fundamental to establish co-operation in the domain of migrations with countries of origin, transit and arrival, but I would like to underline this: with a clear accountability, to prevent the scandalous violations of human rights as happens in Libya or Tunisia, as is frequently denounced.
Migrants are not criminals, nor are the humanitarian organisations from civil society that help to save lives in the process of integration.
Above all, migrants are victims of several disorders that affect their lives and their communities, such as poverty, war and repression. That’s why these reports are so important.
Thank you.
Greece, EPP/CD, President of the Assembly
16:11:47
Thank you, Paulo.
On behalf of the Group of the European People's Party, Ms Dora BAKOYANNIS.
Madam Dora BAKOYANNIS, you have to press the button. Have you inserted your card? Madam Dora BAKOYANNIS, sorry to interrupt. Have you inserted your card? Yeah. Okay. Can you try once again, please? Yes.
Greece, EPP/CD, Spokesperson for the group
16:12:20
Sorry, dear colleagues.
There is a fundamental rule in foreign affairs. Foreign policy should never be dictated by domestic politics. Reducing broader national interests into the opportunism of electoral campaigning and party politics is the quickest path to national tragedies. Migration is a complex international issue of threats and opportunities. As such, it requires close pan-European co-operation and co-ordination.
To labour under the illusion that effective management of migration can be tackled with the dissolution of the European system of collaboration is to cultivate the ground for the rise of radical ideologies in our continent.
On the one hand, Europe solely needs migrant labour. In the EU, we had 5 million fewer working-age adults in 2021 compared to 2011 – 5 million fewer people in ten years. By 2050, Europe may have less than two working-age adults for each elderly person. There is no national insurance system that can withstand such pressure.
On the other hand, it shall be up to us, not the smugglers, to control what kind of migration we need. Illegal migration is a problem that is tackled at the source of the external border. I heard very carefully what everybody says. I live every day the struggle of the Greek coastguards trying to save lives in the Aegean and what it means for every one of them when one child is lost, when one pregnant woman didn't manage to come alive to shore. It is a very difficult situation, dear colleagues.
Raising barriers, as we hear today, between Schengen countries and threatening migrant returns to the countries of first entry can be both dangerous and counterproductive. Experts are adamant they do not provide a fix.
On the contrary, such move could backfire when voters realise that measures do not work, driving even more people to the hands of extremes. So let me try to be as clear as possible. There is no other way than very close co-operation if we want to tackle the problem.
And first of all, we have to be honest with each other. Co-operation and collaboration means that all countries have their share of responsibilities. Greece, Italy, Malta, we are not the only ones who have to deal with the immigration problem. We have to be assured that all the countries together can work and so that we have a clear message to the smugglers that they will not make the decisions and to the immigrants that there is a legal path to come and work and prosper in Europe. These two policies must go hand in hand. If not, I'm afraid we will be sitting here and just recall what might be possible but we didn't do.
Thank you very much.
Greece, EPP/CD, President of the Assembly
16:16:09
On behalf of the European Conservatives Group, Mr Norbert KLEINWÄCHTER.
Germany, EC/DA, Spokesperson for the group
16:16:17
Thank you Mister President, dear colleagues,
Let's cut the sweet talk.
Migrants going missing or dying in the sea are the cruel side of mass migration. Last year alone, amid the promise of a life in luxury, 1.14 million people sought asylum in the EU, most of who were not actual refugees.
It always works according to the same process. There is a community at home that collects money. They send a man, the man pays a smuggler, the smuggler places the man in a boat, the man throws away the passport, breaches one border or several borders illegally, selects a country of destination according to the best access to money, uses the money to fund the community at home and to fund the next trip for the next migrant, and eventually files for family reunification.
All this has nothing to do with fleeing directly from a territory where their life or freedom was threatened, which is a definition of a refugee according to article 31 of the UN Convention relating to the Statutes of Refugees.
We are talking about migrants, we are nog talking about refugees.
And it's a system with an extremely high death toll. 37 000 people alone have drowned in the past ten years in the seas, in the hope for a better life, because they're rescue operators, because they're smugglers, promising them the world, and those people die.
It's a shame!
Because what happens if the rescue ship is not there? What happens if, like three days ago, in front of the Canary Islands, the people are so excited to see the rescue ship that the little boat actually capsizes? People die.
And anyone who is part of the migration route, any smuggler, any rescuer, carries the blood of many dead migrants on their hands.
And Mr Julian PAHLKE, you should not be proud of what you did before becoming a politician. You were on those so-called rescue ships, on that so-called humanitarian assistance that is really a part of the smuggler's migration route and a direct help to illegal entry into our border and the cause for the death of hundreds of people drowning in the sea.
So what can we do about missing migrants?
Certainly the solution cannot be to fly in relatives to identify victims, as is suggested in the report. No. Basically, how should we even find out the identification if people have thrown away their passports? Because, surprise! They're not coming from a territory where their life is in danger. They're simply migrants. So we will never actually be able to identify those missing migrants.
And we don't get any further if we protect the smugglers and if we always underline how much we have to protect the migrants. No. If they are criminals and anyone who breaches a border illegally, and especially several borders illegally, is a criminal, then we, as the Council of Europe, with the rule of law, cannot protect these people.
We now need to make sure that no illegal traveler reaches our shores. We need to stop paying and protecting those that make a joke of our borders, of our sovereignty, and of our need for safety and self-determination. That is the only answer to missing migrants and to migrant smuggling.
Thank you.
(Light applause and cheers)
Greece, EPP/CD, President of the Assembly
16:19:43
Thank you, Norbert.
Next is Ms Sandra ZAMPA.
Thank you, President.
First of all, I would like to express my appreciation for the excellent work done by my colleagues Mr Julian PAHLKE and Lord Simon RUSSELL on such dramatic issues as the disappearance of migrants and the need for a shared approach to address migrant trafficking.
We need to multiply the efforts already underway to ascertain the fate of those who go missing by putting in place a properly funded plan of action, respecting human rights and humanitarian law, beginning with the need to identify the bodies, wherever they are found, and give them burial. A tradition that has accompanied our civilization since antiquity and comes from Antigone, the heroine of Sophocles' Greek tragedy. Burying the dead is the first ethical imperative of the living, and it is a heartbreaking duty to remember that in Lampedusa there are no more places in the cemetery, where burials take place respecting the rites of the different faiths.
And then, there is the need to counter traffickers while respecting, however, rights and, in particular, proceeding on a case-by-case basis, distinguishing between those who profit or benefit from trafficking and those who help on a non-profit basis. To them goes our thanks. And those who find themselves forced, perhaps, to drive dilapidated boats. A beautiful Oscar-nominated Italian film Io Capitano, which tells the story of a boy forced to become a boat driver, speaks of this. Often they are minors, often they are blackmailed women, as in the case of the two Iranian women. Their names are Marjan JAMALI, detained with her son and recently under house arrest in Italy, or like Maysoon MAJIDI, in prison for over a year on charges of aiding and abetting, two women who have fled Iran.
I ask that the Council of Europe also join those calling for their release. We cannot make migrants victims twice. Our purpose here is to protect human rights. This is the raison d'être of this Council, and at this time, we must really rise to the challenge that the present presents to us. That challenge is to work together to give a future to those who seek a future and to integrate them into our society, certainly to defend them and to protect their lives and dignity.
Greece, EPP/CD, President of the Assembly
16:22:52
Thank you, Sandra.
Mr Ioannis OIKONOMOU is next.
Thank you, Mister President, dear colleagues
I will speak in Greek.
I would like to refer to the problem of migration which is an extremely serious issue.
And as we know a certain number of countries are changing tacks in terms of immigration policies and backtracking when it comes to commitments entered into within the Schengen area.
Crises, wars in Africa, in Asia, authoritarian or dictatorial regimes - all these have led to increases in migratory flows. I think there are also economic reasons, as has been said, of people who leave and migrate in search of a better economic future.
But I don't think we should allow smugglers or terrorist organisations to gain the upper hand. We should not allow this lucrative business model when it comes to migrant smuggling to gain the upper hand.
Europe is very much under unprecedented pressure and I believe that today's migrants find themselves in dire straits when arriving in Europe, when they set foot in European countries, they find it hard to be integrated compared to past generations of migrants, I think their life is much harder.
Europe too is living through difficult times. I think our economies in a number of countries are under pressure. Europe's citizens state that one of the main causes of their difficulties is migrants, or migration.
Certainly what we need is to look at the real causes of this phenomenon. I believe we should find effective ways of averting their arrival in Europe. It's too late when they arrive in Europe, along Greek, Italian, Maltese borders. It's too late at that point, we're no longer in a position to manage these migratory flows. What we need to do is co-operate with countries of origin. We need to have a major plan along the lines of a Marshall Plan, possibly, when it comes to co-operating with these countries that are countries of origin of these migrants.
Increasingly, we are hearing talk of 'chosen migration' – in other words, the ability of countries to choose skilled workers who would represent a value added within the economy.
But I think we are up against an interesting phenomenon. The real talents, those who are qualified, are no longer being attracted to Europe, they're attracted by Canada, by North America. So we are not in a position to attract talent.
Greece, my own country, is very much under pressure. We're attempting to stem pushbacks, to save lives, and we'll continue doing that.
Greece, EPP/CD, President of the Assembly
16:26:20
Thanks, Ioannis.
Mr Marco DREOSTO is next.
Thank you, President,
Ladies and gentlemen,
The recent election victory of the FPO in Austria, the conservative parties advancing in all European nations, from France to Germany, from Spain to the Netherlands, passing, of course, through Italy, have one lowest common denominator: citizens are demanding more security. The strategy of open doors at all costs, of migration policies decided by NGOs, of the lucrative business of co-operatives on migrants, of unpunished human traffickers, is coming to an end. The left is also realising this, but very belatedly.
The UK Prime Minister Keir STARMER, on a visit to Rome, applauded Italy's decision to set up a centre outside its borders for migrants waiting for their asylum claims to be processed. Germany's Socialist Chancellor Olaf SCHOLZ even suspended Schengen to give answers to German citizens who demanded more security.
In short, everyone seems to be waking up. But unfortunately in Italy there are still some who seem instead to go against this very direction and against this awakening. I would like to denounce in this courtroom, where we discuss fundamental rights, human rights, how a minister of the Italian Republic is unjustly serving a trial against him for acting in full compliance with the mandate received from the Italian citizens. This minister is Matteo SALVINI, who is facing up to 15 years in prison for having temporarily prevented, think, six days, the disembarkation of a ship of migrants, asking Europe, that Europe of solidarity, to share the responsibility of reception, in vain, evidently.
It was his duty to defend Italy's borders and ensure that migrant flows were managed in a safe and orderly manner, in the full sovereignty of our country and in the national interest. Matteo SALVINI did what many before him had only promised: to protect our country from uncontrolled migration flows that have often led to human tragedies, it has been said in this room, to tragedies at sea and to serious social problems. We are here today, as always, to say that Matteo SALVINI is not alone. He is on the right side of history, on the side of those who have the courage to make difficult choices for the common good, even at the cost of being attacked, prosecuted, arrested.
Italians, as recent polls show, are with him, and I am sure that by defending Italian borders, Matteo SALVINI has also defended European borders. And in this important international forum where we are, with so many foreign friends and colleagues, I invite you to think carefully about the implications of this unjust political process and to assess this situation with objectivity and intellectual honesty.
That intellectual honesty that evidently many in Italy unfortunately lack.
Thank you.
Andorra, ALDE, President of the Assembly
16:29:40
Thank you for your contribution.
Mr Clause KERN, you have the floor.
Press the button.
Thank you, Madam President.
Ladies and gentlemen,
I would like to thank our colleagues Lord Simon RUSSELL and Mr Julian PAHLKE for their very enlightening reports on the tragedies that can befall migrants at the mercy of smugglers.
Forced labour, sexual exploitation and death sometimes await migrants who leave their countries at the behest of smugglers who promise them a better life. My country is no stranger to such tragedies, as several migrants have died trying to cross the English Channel on small boats to reach the UK.
Faced with this tragic situation, we must act to combat the illegal trafficking of migrants with the utmost firmness, without trampling on their rights.
One of the virtues of our colleague Lord RUSSELL's report is that it clarifies the applicable legal framework and certain concepts, as well as highlighting any gaps in the Council of Europe's convention system. It does include a convention on the fight against human trafficking, but not on the smuggling of migrants. Perhaps action should be envisaged in this area to strengthen international co-operation, in line with the resolve expressed at Reykjavik by the Heads of State and Government to combat the trafficking and smuggling of migrants through international co-operation, while continuing to protect victims and respect the human rights of migrants and refugees.
Although controlling their borders is obviously a sovereign right of states, combating the illicit trafficking of migrants requires enhanced international co-operation and therefore real consistency between the member states of our organisation, as was the case with the establishment, in December 2021, of the Council of Europe Network of Prosecutors on Migrant Smuggling.
Given the magnitude of the issues at stake, we certainly need to go further today, ensuring the necessary balance between firmness towards smugglers and respect for migrants' rights.
I believe that greater co-operation between the Council of Europe and the European Union is essential for more effective action, particularly in establishing common rules for freezing or seizing assets derived from migrant smuggling.
Within our respective countries, too, co-operation between the various authorities should enable us to be more effective in the fight against migrant smuggling.
Finally, co-operation between countries of origin, transit and destination of migratory movements must be improved. This implies police and judicial co-operation, of course, but also the effective development of safe, legal migration routes. This will not only protect migrants from smugglers, but also make migrant smuggling less lucrative.
I shall therefore be voting in favor of the draft resolution and recommendation submitted to us today.
Thank you for your support.
Andorra, ALDE, President of the Assembly
16:33:09
Thank you for your contribution.
Lord Don TOUHIG, you have the floor.
President, few of us sitting in this Chamber today would disagree that our most precious gifts are our children. They're our future. We love them, we cherish them, we care for them. And yet countless numbers of refugee and migrant children go missing across Europe every year.
As Mr Julian PAHLKE points out in his report, his excellent report, all too often, the plight of these missing children goes unreported, while their vulnerability and exploitation to abuse by criminals is extremely high.
These refugee children not only have the need of our protection, they're entitled to it under the UN Convention of the Rights of the Child. And yet, across our continent, the health and well being of these unaccompanied children is being compromised.
Thousands of refugee children are suffering.
They're being abused, they're being trafficked, they're self-harming. And, President, there is evidence that some have taken their own lives.
To support them, we must challenge those using toxic rhetoric about migration and displaying intolerance and prejudice, which violates basic human rights. Political point scoring about refugees, most especially refugee migrant children, should not be allowed to spoil these children's future.
In Britain, over the past year or so, some 4 000 unaccompanied migrant children were placed in hotels which at that time was illegal. 200 plus have gone missing, one was aged 10. And a whistleblower working in one hotel reported seeing youngsters being picked up in the street outside the hotel and taken away in cars to be trafficked and abused.
Many of these children arrived on British shores in boats organised by criminal gangs whose only purpose is to get as much money for the task as they possibly can.
Those making the journey across the English Channel are seeking a better life, nothing more. Yet many people, not just intolerant, not just extremists, not even those on the far right, but ordinary citizens, have been persuaded that the boat people are the problem, when in fact they are the victims.
The problem is the criminal traffickers who exploit them.
Colleagues, there is a lack of co-ordination across our continent to do anything about this.
My friend Lord Simon RUSSELL in his welcome report points out some of the challenges we face in combating the migrant traffickers. I would mention just two.
First, the traffickers gain considerable profits from a thriving business. And second, Europe has problems with border management, control, and working together.
He concludes by stressing the need for greater co-operation and working together. And colleagues, unless we persuade the nations of Europe to work together, the criminal traffickers will continue unhindered and tens of thousands of migrant children, many of them unaccompanied children, will be abandoned, and their hope of a life dashed.
We know where the criminal traffickers get the boats from. We know where they get the engines from. We even know where they get the petrol to drive the engines from. And yet we do nothing. Working together, using our intelligence services, using our capacity to track, trace, and disrupt these traffickers, using our police and military forces, we can destroy these traffickers.
Colleagues, what are we waiting for?
Andorra, ALDE, President of the Assembly
16:36:25
Thank you for your contribution.
Madam Aysu BANKOĞLU, you have the floor.
Madam Chair,
I would like to extend my sincere appreciation to both rapporteurs for their comprehensive reports on the issues of missing migrants and migrant smuggling.
Migrants are often forced by smugglers to travel in overcrowded and perilous conditions. Smugglers frequently guide them through risky routes, leading to tragedies where many migrants either go missing or lose their lives. As a member of parliament from Türkiye, a country profoundly impacted by this crisis, I would like to emphasise several key points.
Türkiye currently hosts approximately 8 million migrants, making it the world’s leading refugee-hosting nation. This situation presents significant economic, political and social challenges. Our country occupies a strategic geographic position, serving as a major gateway for migrants attempting to reach Europe. The ongoing conflicts in Syria and Afghanistan have driven countless individuals, including women and children, to undertake dangerous journeys in search of safety and a better future.
Despite our robust border security measures and regulatory efforts, these are not sufficient to fully curb the smuggling of migrants. In light of persistent conflicts and humanitarian crises, the need for an international legal framework to combat smuggling and protect the rights of its victims has never been more pressing.
Yet, we should also keep in mind that smuggling is a consequence, not a cause. People migrate because they are forced to flee their countries, driven by conflict, persecution, violence, and economic instability. Therefore, any international strategy to combat smuggling must also address these underlying causes.
By focusing on preventive measures such as fostering peace, stability and development in conflict-affected regions, we can reduce the desperation that compels individuals to place their lives in the hands of smugglers.
Moreover, as we tackle the issue of migrant smuggling, we must always uphold the principle that every person, regardless of their migration status, is entitled to fundamental human rights. Anti-migrant and xenophobic rhetoric only fuels populism and racism, which need to be rejected, particularly by decision makers.
In conclusion, the challenges of migrant smuggling and human rights reflect both the determination of those seeking a better life and our shared responsibility to protect their dignity and rights. Let us work together to create a world where migration is a choice, not a necessity, and where everyone can live in safety and dignity.
Thank you.
Andorra, ALDE, President of the Assembly
16:39:39
Thank you for your contribution.
Mr Nicos TORNARITIS, you have the floor.
Dear colleagues,
As noted during the summit in Reykjavik last year, the smuggling of migrants is a cross-border crime that demands close co-operation, both at regional and international levels.
In our efforts to shape a comprehensive migration and asylum policy, it is important to address the root causes of migration and the main reasons that compel people to engage with criminal groups or illegal activities.
It is also important to create more legal pathways and safe routes to reduce the number of migrants that set out on dangerous journeys, which often have tragic outcomes.
As well mentioned in Lord Simon RUSSELL's report, Cyprus is a good example of the added value of a holistic approach that includes collaboration among all relevant national stakeholders.
Because of its geographic location in the eastern Mediterranean, Cyprus faces a high number of migrants seeking asylum and the path to other European Union countries.
This includes hundreds of irregular migrants arriving by sea, facilitated by smuggling organisations.
In addition, illegal immigrants are channelled by Türkiye, which continues to occupy 37% of the island, from the occupied areas, through the buffer zone, to the government-controlled areas.
As a country that continues to face its own humanitarian issues of missing persons, Cyprus fully understands the importance of learning the fate of missing persons and ending the suffering of their loved ones.
Missing migrants - most often lost at sea, especially small children - cannot be left unaddressed.
Urgent collective action must be taken.
Last but not least, I would like to thank and congratulate the two rapporteurs for their productive work.
Andorra, ALDE, President of the Assembly
16:42:56
Thank you for your contribution.
Mr Mustafa CANBEY, you have the floor.
Dear President, dear colleagues,
Today, we are considering this report on the importance of international co-operation in the fight against migrant smuggling.
Türkiye has been a gateway for millions of migrants due to its geographical location and currently hosts more than four million migrants. These migrants are supported not only with shelter but also with basic services such as education and health, and their integration into social life is ensured.
Migrant smuggling is part of organised crime and cannot be solved by the efforts of a single country. Therefore, Türkiye is increasing international co-operation to ensure border security and combat migrant smuggling. As a member of the Southeast European Law Enforcement Center (SELEC), we co-operate effectively with countries in the region in the fight against cross-border crime.
However, an important problem that needs to be addressed in this fight is the missing migrants. Thousands of migrants lose their lives or go missing during their journey of hope. The fate of missing migrants is unknown and most of them do not hear from their families and loved ones.
We have to develop more effective policies against this problem and establish an international solidarity network. Joint action must be taken across Europe to find and identify missing migrants and reach their families.
It is also critical to establish safe and legal migration routes to make the business model of smugglers unprofitable, who endanger the lives of migrants.
Instead of focusing only on border security, more comprehensive policies that protect the rights of migrants and support humanitarian assistance should be adopted.
Thank you.
Andorra, ALDE, President of the Assembly
16:45:23
Thank you for your contribution.
Mister Joseph O'REILLY, you have the floor.
Mister President,
I want at the outset to congratulate my good friend and colleague Lord Simon RUSSELL, rapporteur, and also Mr Julian PAHLKE, co-rapporteurs. Can I also acknowledge the remarks of our human rights commissioner Mr Michael O'FLAHERTY, born out of a passionate concern in this area.
I'll just set out some of the stark figures at the outset and it merits doing every time we address this issue.
Since 2014, the International Organization for Migration has recorded 60 000 people who have died in the process of migration, one-fifth of them travelling through Africa, one-fifth in the Mediterranean Sea.
In 2023 alone, 1 851 reputed missing on routes in Africa, 3 129 in the Mediterranean Sea and children trying to rejoin their families included here.
UNICEF record 15 000 children missing.
Trafficking exploitation is a huge feature here, where the children are trafficked off. And I would like to salute two of my compatriots, Ms Annette KENNEDY and Ann Marie RYAN, in Ireland, who are doing pioneering work in dealing with the trafficking issue and addressing it.
In the first three months of 2023, 3 300 children arrived unaccompanied into Europe, 71% of all children. So those tickers remind us of the starkness of the situation. But now let's turn to how we must respond.
We must respond with international partnerships, co-operations with the countries of origin and agreed legal transit routes. I think that is crucial.
Of course, we must internationally co-operate with police and to get to arrest the smugglers who are exploiters in this case. But the co-operation on routes and with the countries of origin is crucial.
We must address the root causes of migration within the countries of origin, whether that is civil strife, poverty, various civil liberties issues. But we, insofar as we can, must address that.
We must also provide legal pathways. And this neatly brings me to the point that these people are virtually all needed in Europe. We have labour shortages. I was only telling our wonderful Secretary of Delegation today, Ms Lawler, that in my town/ village alone I can name a number of restaurants and bars that cannot open for a full week for absence of labour. These people are needed as workers in Europe.
We must provide legal pathways and openings on that level
The Council of Europe Convention on Action against Trafficking of Human Beings is in existence since February 2024, ratified in 46 countries. We must action that convention in every way we can.
Essentially, in conclusion, while policing is crucial to get the exploiters, real emphasis needs to be on legal pathways, elimination of root causes and creating employment opportunities and channeling people into employment opportunities that clearly exist across the social services, across hospitality, across intensive industries right through Europe.
The need for the people is there.
I think it's time we holistically address this question. Thank you.
Andorra, ALDE, President of the Assembly
16:49:25
Thank you for your contribution.
Ms Olena MOSHENETS, you have the floor.
I thank the rapporteurs for their work about issues that are indeed concerning and important.
While I am defending the peaceful sleep of Ukrainian children on the front line, my own daughter disappeared without a trace. These are the words of the defender of Ukraine and father of 9-year old Valeria who has been seeking refuge from the war in Germany with her mother since 2022.
In June, she disappeared on her way to school. The police found the girl's body in a wooded area. This is not an isolated case.
In March of this year, the German police found the body of a Ukrainian woman who lived in a refugee home. She died as a result of violence. Her newborn daughter is currently being cared for by the local youth welfare office.
We are grateful to the law enforcement agencies of the European host countries for their efficiency in the search for missing persons.
More than 4 million Ukrainian citizens have temporary protection status in European countries. The majority of them are women and children, a group vulnerable to exploitation and human trafficking.
Russian troops in their cities and Russian missiles over their heads have forced them to flee their homes. Now they face language barriers and limited access to local labour markets, and struggle to find long term accommodation. This makes them easy targets for criminals.
Ukrainians are also vulnerable on their own territory. Russia has deported more than 19 000 Ukrainian children from their temporarily occupied territories and about 2 000 young Ukrainians are missing.
The Russian government is resorting to even more shameful schemes of kidnapping children under the guise of so-called care. It turns out that deportation translates to evacuation or rehabilitation in Russian. The Kremlin's proxies launch this criminal activity on the basis of the Oduvanchyky children's hospice. Using the excuse of providing assistance to children with serious diseases (including cancer), orphans and children deprived of parent care, the enemy has created a basis for the future settlement of young Ukrainians in Russia.
We thank the European countries for protecting Ukrainian refugees and support the introduction of provisions to enhance the security of migrants in host countries. We must work together to prevent criminal acts.
Thank you very much.
Andorra, ALDE, President of the Assembly
16:52:29
Thank you for your contribution.
We must now interrupt the hearing of speakers.
Registered speakers who have been present during the debate but have not been able to speak may submit their typed statement within 4 hours to the Session Office for publication in the minutes. This text must not exceed 400 words and must be transmitted electronically.
I call for the Committee's reply.
Lord Simon RUSSELL, you have the floor.
Thank you very much.
You will be delighted to hear, ladies and gentlemen, but I don't really have a great deal more to add. I do have some observations.
I think, if the efforts over the years of organisations like this, in putting together human rights legislation and standards for refugees and migrants were mirrored by the same degree of effort and co-operation and resources by nation states and groups of nation states into prevention, we would not find ourselves in the situation we are in today.
And I think it is a challenge for every single politician here in your particular country to try and encourage your governments of whatever political complexion to take this matter seriously.
And I would also beseech all of you, particularly having listened to some rather unattractive examples at a meeting earlier today of two politicians from a particular country, openly bickering and arguing with one another in front of a Committee which, I'm afraid, I found wholly unacceptable. My view is that we are here as individual politicians to talk and to focus on human rights. We are not here to discuss and fight and debate the political fights that we have at home. That should be left at home and should not be brought into this forum. That is my own personal view.
I've heard people talking about the need for safe routes, for working with the countries of origin. Well, if anybody has any brilliant ideas on how to sit down with the Taliban and work out with them how to set up a structure for providing safe routes of exit, I would be very interested to hear about them. I would be interested to hear about the same approach to the government of Iran, to the government of Sudan – what's left of it – to the government of Syria. I'm not sure how realistic and how effective this approach is.
Until and unless nation states and groups of nation states get real and across the political divide, countries work together, whatever their political views, to take prevention seriously, this problem will continue and it will continue to escalate, and it will give rise to some of the emotions that we heard with one or two speakers. I must confess, I was wondering what they had eaten for breakfast because it clearly had done something quite unfortunate to their temperament. But I do understand the views and the passion that comes from that. But I'm afraid my view is that gets us precisely nowhere.
We have to work together. We have to help the EU and other organisations do what they have to do, not get in the way. So that is what my plea to all of you would be.
Andorra, ALDE, President of the Assembly
16:56:16
Thank you for your contribution.
Mister Julian PAHLKE, you have the floor.
Thank you, Mister Chair. Madam Chair. Please excuse me and thank you to everyone who spoke on both reports, for your kind words, for your acknowledgement, and for the decency you showed with regards to both topics, to people smuggling and to people that went missing.
But during the debate, I was also accused, obviously, for what I've done before I became a member of parliament, which was actually the reason why I ran and that was that I rescued people in the Mediterranean. I was accused of having done something wrong. And to be honest, I find that kind of funny because the party from which this accusation is coming actually reported me to the police in Germany. And the police closed the case a short time later. And, therefore, the party actually proved that sea rescue is not a crime and is not being investigated by the police.
[applause]
But I'm also speaking here, and I always find that moving when I'm here. I'm also speaking here as a young German, and I inherited the history of the country I'm living in. And I have no responsibility for the history, but I believe I have a responsibility to protect the consequences that were derived from the years of horror that our country brought over the continent. And one of these consequences is this institution with the European Convention of Human Rights, with our Court.
And I believe democracy is only as strong as the protection of minorities. And, therefore, I'm extremely grateful and thankful to this Assembly that you're supporting both reports by Lord Simon RUSSELL and mine, and that we work together to preserve the dignity of those that have died on the journey, and that we work together to identify them and preserve the last bit of dignity that is left of those people.
Thank you for your support.
Andorra, ALDE, President of the Assembly
16:58:44
Thank you for your contribution.
Mister Oleksii GONCHARENKO, President of the Committee, would you like to respond?
Ukraine, EC/DA, Chairperson of the Committee on Migration, Refugees and Displaced Persons
16:58:55
"Thank you very much, Madam President" [spoken in French].
Dear colleagues, I'm speaking now on behalf of the Committee on Migration, Refugees and Displaced Persons. We will start with the report by Lord RUSSELL addressing the issue of migrant smuggling, because it's one of the priorities of the Council of Europe now and I think for the years to come.
Discussions are ongoing to agree on a joint strategy. For the past ten years, the European Committee on Crime Problems has developed an action plan on migrant smuggling and also helped develop initiatives like the Europe Network of Prosecutors on Migrant Smuggling. Also, discussions have been engaged with the European Union, especially Eurojust, on this issue.
In this discussion, it is not only welcome, but also very needed that members of the Parliamentary Assembly of the Council of Europe and national parliaments are aware of this co-operation and can share their input. At the end of the day, indeed, it is also parliaments which vote on budgets, allocate resources and allow for some policy debate to unfold.
I therefore commend Lord RUSSELL for his excellent work to articulate concrete recommendations explaining how the Council of Europe can help member states address this issue collectively.
The rapporteur has a point. If we want to be efficient in fighting against these criminal acts we need to agree on what this crime is and what it is not. Consistency is the key to ensure an effective policy and judicial response to this crime.
The same logic has been promoted again eloquently by Mr Julian PAHLKE on the issue of missing migrants, refugees and asylum seekers.
Let me stress, dear colleagues, how humbling and powerful the hearings here in held in Committee have proved to be on this issue over the past two years. From international organisations, to individuals burying deceased migrants, to families seeking information desperately about their missing loved ones, the urge for policy making and public action is there, and the efforts are many.
It is also a matter of moral imperative for this Assembly. We may disagree on many things, including whether migrants should come to our territory or not, but one thing we cannot disagree on is the imperative of treating people with dignity, including the dead.
I congratulate Mr PAHLKE for looking into so many aspects of this tragic reality and of putting forward innovative ideas to help further the efforts already underway across the world to address the issue.
Here again, one key recommendation which can help enhance interstate co-operation is to agree on a common definition. Such a definition is the first step towards acknowledging the reality, now matter how sad it is. Migrants, refugees and asylum seekers go missing across Europe along migration routes. The Council of Europe, together with others, can and must do something about it.
Dear colleagues, I would like to congratulate both rapporteurs for their timely reports based on a thorough preparation through fact-finding work and hearings by our Committee. I want to thank our Secretariat of our Committee for brilliant work done in support of both rapporteurs and I ask you, dear colleagues, to support both draft resolutions on behalf of Committee on Migration, Refugees and Displaced Persons.
Thank you very much.
(Undelivered speech, Rules of Procedure Art. 31.2)
Dear Colleagues,
Today we are talking about human smuggling, we are thinking together how to counter this problem. When discussing this topic, it is worth first to realize the reality of migrants crossing the borders of European countries. As a representative of the Polish parliament, I want to cite data regarding the Polish-Belarusian border, through which one of the migration routes passes. The data comes from a report by the Border Group, an organization dedicated to helping people on the move. An organization whose members have themselves been repeatedly harassed and persecuted by Polish border services. I will focus here on the Polish border, keeping in mind that all the figures are many times higher for the Mediterranean and the coasts of Europe's southern borders.
In 2023, 7583 people asked the Border Group for support, of which 3366 were attented, including 324 women and 164 children (including 110 unaccompanied minors). 653 people reported violence by Polish services. There were 2,800 documented cases of pushback from Poland to Belarus. Of these, at least 120 belonged to vulnerable groups: pregnant women, children, seniors or people in need of urgent medical care. 478 people reported having experienced pushback more than once. 601 added that they had faced additional violence at the hands of the officers of the Polish agents during pushback. From August 2021 to December 2023, 72 people died on the border. That number is now almost doubled, as pushbacks and violence by no means stopped after the change of government - aid organizations are warning that the situation in 2024 is in many aspects even worse than under the Law and Justice government.
We also have data, regarding the nationalities of migrants, crossing the border. Syrians are the largest group, followed in turn by citizens of Yemen, Somalia, Afghanistan and Ethiopia. All of these countries are experiencing bloody military conflicts or major natural disasters. Migrants crossing the Polish-Belarusian border are therefore refugees who cannot hope for normal, safe life in their home countries.
The vast majority of them used the services of smugglers. This is the only way to get to Europe and thus save themselves and their families from hunger, war and oppression. And nothing will change in this regard as long as we do not create an alternative, legal route for war and climate refugees. Because today - and I say this with shame, as a Polish and European citizen - smugglers pose less of a threat to them than the border guards of European countries.
Unfortunately, however, the steps taken by both the European community and individual member states are going in the opposite direction. The wall of Fortress Europe continues to grow, there is more and more violence, the dehumanization of war and climate refugees goes further and further. Therefore, the first, most important issue is the restoration of the rule of law at Europe's borders, fair processing of asylum applications and an absolute ban on pushbacks.
(Undelivered speech, Rules of Procedure Art. 31.2)
Thank you Mr President and may I start by congratulating the rapporteur on this excellent report.
This report addresses a human rights issue that is often overlooked but critically urgent: the tragic phenomenon of missing migrants, refugees, and asylum seekers. Around the world, thousands of people who seek safety, a better future, or simply a life free from violence and poverty, go missing along their journey. Yet, too often, the disappearances of these individuals are underestimated, and their plight remains unaddressed by many governments and societies.
At the heart of this issue lies the fundamental principle of human dignity. Human dignity is not only a right that must be protected during life but also in death. Every person, regardless of their migration status, must be treated with respect and compassion. This extends to the most vulnerable—victims of trafficking, gender-based violence, and torture—who are especially at risk of going missing. Migrants should never face criminalization or administrative scrutiny simply for being in a precarious situation, and no one providing humanitarian aid should be criminalized for offering help to those in need. Migration should never lead to dehumanization.
As states, our primary obligation is to ensure the safety of all persons, as enshrined in international human rights law and international humanitarian law. This includes providing access to safe and legal migration routes, including family reunification, as well as conducting search and rescue operations both at sea and on land. These life-saving operations must be done in full compliance with international law, including the European Convention on Human Rights. Illegal pushbacks that force migrants into dangerous situations must end immediately, as they often result in tragic disappearances or even death. We cannot turn a blind eye to the loss of life at our borders and in our seas , nor can we ignore the pain and uncertainty that families face when their loved ones go missing.
Beyond prevention and protection, it is essential to address the needs of families searching for their missing relatives. Many families, often left in agonizing uncertainty, have a right to know whether their loved ones are alive or dead. This must be respected, even as we recognize that some individuals may choose not to disclose their whereabouts to their families for personal reasons. Nonetheless, we must ensure that families are supported in their search efforts without facing obstacles due to the legal or administrative status of the missing person. When a large group disaster occurs, such as a shipwreck or a border incident, dedicated disaster victim identification teams must be deployed to provide standard, cross-border identification processes.
States should work together to harmonize their approaches to managing and recording cases of missing migrants and unidentified human remains. This involves not only improving the medico-legal framework but also sharing data across borders in compliance with data protection laws. International organizations like INTERPOL, the Red Cross, and the International Commission on Missing Persons can play a vital role in facilitating this cross-border collaboration.
We also need to address the specific challenges posed by unaccompanied children. They are particularly vulnerable to going missing, and we must ensure their systematic registration and protection. When these children do go missing, diligent search efforts must be made, and they should be referred to appropriate accommodation or reunification efforts in a safe and child-sensitive manner.
Finally, we must ensure that the graves of deceased migrants are respected, clearly identified, and permanently marked, either by name or by a unique code. Every effort should be made to honor the religious and cultural beliefs of the deceased, in accordance with international human rights standards.
In conclusion, the tragedy of missing migrants demands urgent and coordinated action. Let us come together—across nations, institutions, and organizations—to ensure that the rights of all people, in life and death, are protected. We owe it to the families of the missing, to those who have perished, and to our shared humanity. Thank you.
(Undelivered speech, Rules of Procedure Art. 31.2)
Dear members of the Assembly!
First of all, I want to thank each one for your efforts to protect democracy, rule of law, and human rights in Europe.
I want to thank Lord Simon Russell and Mr. Pahlke for the opportunity to discuss two important reports on major issues in Europe today: migrant smuggling and the crisis of missing migrants and refugees. These reports show how important international cooperation is to solve these problems.
I also want to thank all the countries that you represent here - in this assembly for their strong support of Ukraine. We are going through the hard war which rusia still maintains against Ukraine.
That’s why, I want to add another urgent issue to this discussion: the forced deportation of Ukrainian children to russia since the invasion of Ukraine.
These children are taken from their homes, placed in foster care, or re-educated in russia, trying to erase (destroy) their Ukrainian identity. This is not just an attack on these children—it is an attack on Ukraine’s future.
I want to underline the start of Parliamentary NETWORK on the situation of the children of Ukraine!!!
Forced migration does not only mean people getting lost on the way. It also means that governments force them to move, which also results in people losing their identity. We need to solve these issues together, focusing on protecting human rights and ensuring the dignity of every person, especially children.
Therefore, I call on You – Ukrainian partners - to take immediate action to stop these forced transfers, to start international cooperation to bring the Ukrainian children back to their families!
I also ask you to mention problem of war and civilian Ukrainian prisoners.
At the end I ask to give permission for Ukraine Army to use long-range missiles and weapons fron our partners. This is the only real way to ensure safety in Europe and to return the focus to peace, democracy, and human right
The 1 of October we have big national holiday – Day of brave Ukrainians from middle ages to now.
Thank you our Heroes defenders!
(Undelivered speech, Rules of Procedure Art. 31.2)
Dear Colleagues,
I congratulate the rapporteurs on their excellent and in-depth reports. Both documents shine a light on the urgent need for a comprehensive strategy to combat migrant smuggling and illegal migration. As we delve into this topic, it is essential to recognize the complex interplay between our sovereign rights and the fundamental rights of individuals seeking safety and opportunity.
Illegal migration must be brought under control. This is not just a statement; it is a call to action. Many countries are grappling with the ramifications of unregulated migration, and the challenges are manifold. One of the most pressing issues is the ruthless exploitation by smugglers and international smuggling networks. These organizations operate with a singular focus: profit. They show no mercy for the vulnerable individuals who turn to them in desperation. Every year, countless lives are lost or put at risk because of these heinous rings.
Therefore, it is imperative that we establish a robust framework to control our borders while also safeguarding the right of individuals to travel and seek refuge. This is a delicate balance: the sovereign right to control borders collides with the human right to seek safety and a better life. How do we navigate this tension?
The resolutions proposed in both reports emphasizes the need for a common European approach to tackle migrant smuggling. This is not just about enforcement; it is about fostering a spirit of cooperation and coordination among member states. By aligning our legislation with Council of Europe standards, we can create a cohesive strategy that is both effective and humane.
Furthermore, we must recognize that one of the most effective ways to undermine smuggling operations is to dismantle the financial incentives that drive them. Preventing this business from becoming lucrative is essential. Smuggling networks thrive on the vulnerabilities of individuals and the gaps in our legal frameworks. Therefore, we must work tirelessly to establish legal mechanisms that prevent, detect, and combat these operations.
In conclusion, the journey ahead is complex, but the path is clear. We must take decisive steps to control illegal migration while upholding our commitment to human rights. Together, through coordination, cooperation, and the establishment of sound legal frameworks, we can tackle the scourge of migrant smuggling. Let us commit to this cause—not just for our own nations, but for the countless individuals whose lives are at stake.
(Undelivered speech, Rules of Procedure Art. 31.2)
The Mediterranean lies between Africa’s dreams and Europe’s fears, it is the cradle of Europe yet it is becoming a mass grave, growing larger each year. In recent years, certain Council of Europe member states, politicising an issue that is of a humanitarian nature, have progressively adopted tougher and more restrictive laws and measures, aimed at combating causes that motivate refugees to flee.
It goes without any saying, that protecting human rights and having effective migration management policies aimed to create secure and legal paths for entry and undermine the business model of refugee smugglers, are not competing goals. Rather, human rights protection should be at the heart of any legitimate and effective migration policy.
People in Serbia especially those living in Vojvodina, northern part near the border with Hungary, are vitally interested in those, legitimate and effective, migration management policies: according to UNICEF, since the migration crisis of 2015 more than 1.5 million refugees and migrants have passed through Serbia, of which between a third and a quarter were children.
Since 2015 we have witnessed a constant stream of refugees, unfortunately with strong support from cross-border smuggling and trafficking networks. For a years, reports of violence and gun-battles have become common near the border between Serbia and Hungary. Thousands of migrants have been camping in the area, looking for ways to cross with the help of people smugglers. We are witnessing conflicts among migrants, or more precisely, wars among criminal gangs.
According to numbers from Serbian NGO the Centre for Asylum Seekers, during 2023, some 1,500 migrants attempt to cross into Hungary every day - many handing over cash to people smugglers. In 2023, Frontex detected almost 100. 000 irregular border crossings to the EU through the Western Balkan route.
Since the August last year, there were few shootings which left dozens of people dead and seriously wounded. Shootings happened not only at abandoned farming warehouses near the villages of Horgos or Hajdukovo, but even in front of the market – in September last year migrants had fired shots a few hundred meters from the city center in Subotica.
Trying to reconcile two aspects: sovereign right to control its borders and the rights of people on the move, in the fourth quarter of 2023, Serbian police carried out a series of raids to drive out traffickers. More than 800 officers were involved, including anti-terrorism units and the gendarmerie. These forces deployed drones, helicopters and combat vehicles.
So, above all, it is important to investigate and prosecute trafficking gangs who exploit migrants; to address factors that drive migration of their own origin countries, dealing with the countries of origin and of transit, facilitate and to maximize the potential of voluntary returns and reintegration, by exploring formulas for financial assistance.
Speech not pronounced (Rules of Procedure, Art. 31.2), only available in French.
(Undelivered speech, Rules of Procedure Art. 31.2)
Illegal migration and people smuggling challenges the sovereignty of states and threatens the security and stability of our borders. As a Conservative, I believe that every nation has the right—and indeed, the duty—to control its borders. Unregulated, illegal migration undermines this principle and puts at risk both national security and social cohesion. The smugglers who profit from this chaos are nothing more than criminals exploiting people, and they must be stopped.
The report rightly identifies migrant smuggling as a transnational crime. However, we must go further in our response. While some may argue for increasing legal pathways for migration, we must first focus on deterring illegal entry and dismantling the smuggling networks that thrive on it. If there is no deterrent—if criminals and migrants alike believe they can cross borders without consequence—then we are inviting a continued influx of uncontrolled migration.
The U.K. Conservative government led the way in thinking outside the box with its Rwanda policy, which was immediately scrapped by the new Labour Prime Minister….but this Conservative policy seems good enough for Germany - which has also reinstated land border controls after its disastrous open-door policy, igniting fierce controversy within the EU.
We need stronger border controls, more robust enforcement mechanisms, and severe penalties for those engaged in smuggling. Our justice systems must treat smuggling as the serious crime it is. We need greater international cooperation and a clear, consistent approach that prioritises the safety and sovereignty of our nations.
Deterrence is essential. Smugglers and those who pay them must know that attempting to enter a country illegally will result in swift consequences. This does not mean criminalising the migrants themselves but ensuring that those who attempt to circumvent our legal systems are turned back and that smugglers face severe penalties. The business of migrant smuggling can only be disrupted if it becomes unprofitable and dangerous for those involved. This requires not just law enforcement, but a clear message: illegal entry will not be tolerated.
Furthermore, humanitarian efforts must be channelled towards helping people where they are, rather than encouraging dangerous and illegal journeys. We must invest in stabilising regions affected by conflict, climate change and economic hardship, reducing the drivers of illegal migration rather than simply opening more pathways to Europe. This is where targeted international development aid can help.Finally, we cannot allow well-meaning but misguided humanitarian efforts to undermine the rule of law. Supporting migrants in distress is one thing, but aiding illegal entry weakens the integrity of our borders and creates a pull factor for more to attempt the dangerous journey. We must be firm in distinguishing between genuine refugees in need of protection and those exploiting our systems for economic gain.
A strong deterrent is essential. We must not only dismantle smuggling networks but also send a clear message that illegal migration will not be rewarded. Only then can we protect our borders, uphold our sovereignty, and ensure that migration is safe, legal, and controlled.
Andorra, ALDE, President of the Assembly
17:02:17
Thank you for your contribution.
The general discussion is closed.
We now come to the examination of the first report entitled "A common European approach to combating the smuggling of migrants" (Doc. 16032).
On this first report, the Committee on Migration, Refugees and Displaced Persons has presented a draft resolution to which 7 amendments have been tabled, and a draft recommendation to which no amendments have been tabled.
We shall begin by examining the draft resolution.
I have been informed by the Chairman of the Committee on Migration, Refugees and Displaced Persons that the 7 amendments were rejected by a two-thirds majority of votes cast.
Is this the case, Mister Chairman?
Ukraine, EC/DA, Chairperson of the Committee on Migration, Refugees and Displaced Persons
17:03:13
Yes, yes it is.
Andorra, ALDE, President of the Assembly
17:03:16
If no one objects, I consider these amendments definitively rejected.
If there is an objection, we'll have to check that it has the required support of 10 people. Is there any objection?
Could you stand up, please?
The Committee Chairman's request is therefore rejected. Amendments 1 to 7 will therefore be discussed in the usual way. They will be called in the order in which they apply to the text, as published in the collection of amendments.
We'll start with Amendment 2. Mr Emanuelis ZINGERIS has the floor to support Amendment 2 on behalf of the Committee on Migration, Refugees and Displaced Persons.
Mister ZINGERIS, you have the floor.
Who is in favour of Amendment 2? If the amendment is not supported, it will not be put to the vote.
I repeat: is there anyone in favour of Amendment 2?
We'll move on to Amendment 3.
The floor is also given to Mr Emanuelis ZINGERIS to support the amendment, or someone else if you wish.
If there is no one to support Amendment 3, we'll move on to the next amendment.
Madam President.
Amendment 3 is by me, Mr Norbert KLEINWÄCHTER, and it asks to delete paragraph 4. And that's because the paragraph says that we should extend our actions to situations where international humanitarian law is not applicable. However, the Convention on Human Rights is international law, so we cannot extend our validity past the validity of international humanitarian law in general. So the entire paragraph doesn't make sense. It needs to be deleted. Otherwise it's just going to be foolish. Delete Paragraph 4. That's the amendment. Thank you.
Andorra, ALDE, President of the Assembly
17:06:07
Thank you for your intervention.
Does anyone wish to speak against the amendment?
Yes, you have the floor.
The Amendment obviously doesn't make any sense because if you look in the text of the law, it is a very short article to which we take a reference. But if we look how the court is interpreting this article, it is actually very broad and it gives life and it makes law something living, something that is interpreted over and over again. And the court that belongs to this institution has a very clear view, and I therefore ask you to reject this Amendment.
Andorra, ALDE, President of the Assembly
17:07:00
Thank you.
The Committee rejected this amendment by a two-thirds majority.
We will now proceed to vote on the amendment.
The vote is open.
Amendment 3 is not adopted.
We shall continue with Amendment 1.
The floor is given to Mr Emanuelis ZINGERIS to support it, or anyone else.
Is there no one to support the amendment?
If not, we'll move on to the next Amendment, no. 7.
Mr Emanuelis ZINGERIS also has the floor.
Thank you, Mister ZINGERIS.
Madam President, you just called Amendment 7, is that correct?
[In French] It is my amendment, so I am going to present it.
So in the draft resolution delete the third and the fourth sentences. And the reason is that the opposite of what's written there is true.
According to the Geneva Convention, refugees must flee to the next safe area in order to be recognised. It is only then that their illegal entry into foreign territory may not be punished. This cannot be said for people coming to Europe from mid Africa. Considering many refugees are already arriving at a border from a safe territory, imprisoning and expulsing them is legal and in conformity with human rights. So this paragraph here, Paragraph 10 is simply false.
Andorra, ALDE, President of the Assembly
17:09:19
Thank you.
Does anyone wish to speak against the amendment?
Mister PAHLKE?
Obviously, this report has been written with the view on the law of the United Nations in mind. And the United Nations are very clear. And they allow people to move through several countries because there are many reasons why people flee, and it's also because they flee from bombs through many countries that are being dropped, and they may not be safe in a country in between.
So to have a coherent view of law, we must reject this amendment because it just doesn't make any sense.
Andorra, ALDE, President of the Assembly
17:10:03
Thank you for your contribution.
The Committee rejected this amendment by a two-thirds majority.
We will now proceed to vote on the amendment.
The vote is open.
Amendment 7 is not adopted.
We'll move on to Amendment 4. Mr Emanuelis ZINGERIS also has the floor to support this amendment.
Mr KLEINWÄCHTER, you have the floor.
Madam President,
I'm sorry, these are my amendments, so I'll take the floor.
So Amendment 4 asks to delete paragraph 5 because what's in there is simply wrong.
It says that Article 2 of the European Convention on Human Rights states that "member states have a duty to prevent violations of the right to life". That's true. "And to investigate any cases of unnatural death or unlawful killings". That is false. Just read the article in the European Convention. We cannot put in our reports things that are not true about the Convention. We are based on the Convention. So please, for legal correctness, delete this paragraph. It's of very dire quality.
Andorra, ALDE, President of the Assembly
17:11:30
Thank you for your attention.
Does anyone wish to speak against the amendment?
Mister PAHLKE, you have the floor.
Obviously the interpretation of the Court of Human Rights is completely different. And in this way there is no grey zone in-between. And we have to look into what is stated in the report. That cases of unnatural death have to be investigated. And I think this is in everyone's interest to also protect the people that are still alive, that cases of unnatural death are investigated, to know the cause and also to maybe find a perpetrator if there is some. This is the way every judicial system in the world works.
And therefore I ask you to reject this amendment.
Andorra, ALDE, President of the Assembly
17:12:19
Thank you.
Excuse me.
You have to press the button and put in the card.
I believe a mistake has been made.
You have been announcing the amendments to the RUSSELL report and at the same time, Mr KLEINWÄCHTER and Mr PAHLKE have been answering all the time.
So this is a complete mix-up that's been going on here.
Andorra, ALDE, President of the Assembly
17:12:55
One moment, please.
We're sorry, but Mr Norbert KLEINWÄCHTER has made a mistake.
We've followed the rules.
Yes. Go ahead, you have the floor.
Dear colleagues,
I don't understand what we are doing.
We have two reports.
You announce the amendments from one report using the name Mr Emanuelis ZINGERIS, who is the first in these all amendments.
But now we have a report, another one, where it's announced the author, real author of this report. So please, exactly, look for what report we are discussing now. And we have answers not on... make a pause, please! And find the real report!
Andorra, ALDE, President of the Assembly
17:13:47
One moment, please. One moment, please.
Make a pause, please, and find the real report.
Andorra, ALDE, President of the Assembly
17:13:55
Excuse me, but we've started the meeting, and I said we were going to examine the first report entitled "A shared European approach to address migrant smuggling" (Doc. 16032).
I announced this before we started talking about the amendments.
[in French] ...do not call Mr Emanuelis ZINGERIS and then you give the floor to Mr Norbert KLEINWÄCHTER!
Andorra, ALDE, President of the Assembly
17:14:33
But I was giving the floor...
Shall we start again?
Excuse us, we'll start again and try to do it bit by bit.
I'll start again.
We now come to the examination of the first report: "A common European approach to combating the smuggling of migrants" (Document 16032).
On this first report, the Committee on Migration, Refugees and Displaced Persons has tabled a draft resolution to which there are 7 amendments, and a draft recommendation to which no amendments have been tabled.
The 7 amendments were therefore rejected by the Committee by a two-thirds majority of votes cast.
Is this the case, Mister Chairman? Yes ?
If no one objects, we say, we consider these amendments definitively rejected.
If there are any objections... Yes, you objected, you stood up, there were more than 10 people, so we'll start with Amendment 2.
Amendment 2 is to be defended by M Emanuelis ZINGERIS or Mr Serhii SOBOLIEV.
Is Mr Emanuelis ZINGERIS here?
Mister SOBOLIEV, you have the floor. Thank you for your time.
It's not the amendment replaced by me. It's our act that no ten people in this hemicycle who are standing up against the decision of the Committee to reject by two-thirds. So if nobody - you can move forward and not announce these amendments. If I'm not correct, please check this.
Andorra, ALDE, President of the Assembly
17:17:20
Yes, we have to go through the amendments one by one, precisely because there has been an objection.
So we have to vote on them one by one and someone can defend the amendment and, if there is objection, do so.
But we have to go through this process, amendment by amendment.
... confused but in fact, the objection was to the other report. Since it wasn't announced, we didn't protest the negation of the amendments to the RUSSELL report.
So RUSSELL passes without amendments because the Committee has already said "no" by two-thirds.
Andorra, ALDE, President of the Assembly
17:18:12
Right, thank you, excuse us.
We will now proceed to the vote on the draft resolution on Doc. 16032, on "A shared European approach to address migrant smuggling".
The vote is open.
The draft resolution contained in Doc. 16032 is adopted.
(Applause)
We will now examine the draft recommendation.
