The Assembly calls on Mediterranean member states of the Council
of Europe receiving mixed flows of irregular migrants, refugees
and asylum seekers to:
9.1 comply
fully with and, when applicable, implement international and regional
human rights law, including the European Convention on Human Rights
(ETS No. 5), international refugee law, and European Union legislation,
including Council Directives 2003/9/EC (laying down minimum standards
for the reception of asylum seekers), 2004/83/EC (“refugee qualification
directive”) and 2005/85/EC (“refugee procedures directive”);
9.2 comply fully with international maritime obligations on
search and rescue, and examine fully any allegations of breaches
of these obligations, including allegations of boats being refused
assistance and being “pushed back”;
9.3 progressively proscribe administrative detention of irregular
migrants and asylum seekers, drawing a clear distinction between
the two groups, and in the meantime allow detention only if it is absolutely
necessary to prevent unauthorised entry into the country or to ensure
deportation or extradition, in accordance with the European Convention
on Human Rights;
9.4 ensure that detention is authorised by the judiciary and
is used only if it is necessary and if there is no suitable alternative.
Furthermore, detention must be for the shortest possible period
of time. Malta should re-examine its policy of systematic and excessive
periods of detention which can be for up to eighteen months for
irregular migrants and twelve months for asylum seekers;
9.5 comply fully with their obligation not to detain irregular
migrants, refugees and asylum seekers with ordinary prisoners and
to ensure that when detention takes place it is in a non-carceral
environment;
9.6 respect the principle that vulnerable persons should not
be detained. Vulnerable persons include unaccompanied minors, pregnant
women, families with minors, persons with medical or other special needs,
the elderly, victims of torture and sexual violence and victims
of trafficking. In all circumstances, adequate assistance must be
granted to vulnerable persons and particular attention must be paid
to the situation of unaccompanied minors in view of worrying reports
concerning their treatment in Spain, Greece and other countries
in the region;
9.7 close unsuitable reception and detention centres, and
construct new centres which are adequate and appropriate for the
length of time irregular migrants and asylum seekers are to be detained. Detention
facilities in Malta and Greece are in particular need of review,
with many people being accommodated in tents or in facilities totally
unsuited for anything other than immediate urgent reception;
9.8 ensure that all reception centres or detention centres
provide:
9.8.1 appropriate food and
sufficient quantities of drinking water;
9.8.2 adequate clothing and change of clothing, bedding, blankets,
toiletries, etc.;
9.8.3 adequate furniture, such as beds, chairs and tables, as
well as lockers to allow private items to be stored and kept safely;
9.8.4 separate accommodation and separate sanitation for men,
women and unaccompanied minors;
9.8.5 adequate sanitation facilities which are kept clean and
in serviceable operation;
9.8.6 regular access to the open air during substantial parts
of the day;
9.8.7 sufficient recreational activities (television, reading,
exercise, games, etc.);
9.9 ensure that those in detention or reception centres have
access to the outside world, including access to family, civil society,
in particular specialised NGOs dealing with the rights of migrants
and asylum seekers, lawyers, the Red Cross and Red Crescent and
international organisations such as the Office of the United Nations
High Commissioner for Refugees (UNHCR) and the International Organization
for Migration (IOM). Such access should be available both directly
and by telephone, including both outgoing and incoming calls;
9.10 guarantee to irregular migrants, refugees and asylum seekers
access to their fundamental rights and procedural rights, including:
9.10.1 prompt provision of information
on their rights and the relevant procedures applicable to them and
prompt provision of information concerning their detention and the
internal rules of the detention centre in which they are being held.
Interpretation or translations should also be provided whenever
necessary;
9.10.2 effective access to the asylum process and any humanitarian
status determination process, ensuring the quality and consistency
of all decisions in these processes at all relevant levels. Turkey
should withdraw the geographical limitation for non-European asylum
seekers;
9.10.3 effective guarantees against refoulement of
asylum seekers;
9.10.4 automatic judicial control of detention and an effective
remedy against deportation, with a suspensive effect before an independent
and impartial authority;
9.10.5 access to a lawyer when detention or deportation is challenged.
Free legal aid is required at least during the appeal process and
the quality of this aid needs to be of an acceptable standard, which
is often not the case in Spain and other countries;
9.11 ensure that staff working in reception and detention centres
are carefully selected, properly trained and fully respected in
their work and that they have the support of a sufficient number
of interpreters and cultural mediators to carry out their work;
9.12 ensure that border staff are sufficiently trained to deal
with refugees, asylum seekers and their requests for asylum;
9.13 guarantee to irregular migrants, refugees and asylum seekers
not only emergency health care, which includes essential treatment
that cannot reasonably be delayed and necessary care such as vaccinations
and follow-up, but also basic health care, including essential dental
care. Psychological assistance should also be provided for those
with particular needs, such as victims of torture and violence,
including sexual violence;
9.14 allow, when applicable, the monitoring of reception centres
and detention centres by ombudspersons and national human rights
commissions, parliamentarians and other national or international
monitoring bodies. Where specialised monitoring bodies do not exist,
they should be created. Where they do exist, their members should
be selected and appointed carefully and should be trained in carrying
out their functions. The media should also be granted reasonable
access to detention centres from time to time to ensure transparency
and accountability, without encroaching, however, on detainees’
right to privacy;
9.15 implement the UNHCR’s Ten point plan of action for refugee
protection and mixed migration as a framework for addressing mixed
migration flows in a comprehensive and collaborative way and invite the
UNHCR and the IOM to expand their operations in the regions affected
by these mixed migration movements;
9.16 promote the use of assisted voluntary return programmes
with the support of the IOM and carry out forcible returns only
in accordance with the 20 guidelines on forced return adopted by
the Council of Europe Committee of Ministers in May 2005;
9.17 continue efforts to negotiate readmission agreements with
countries of origin and transit, taking into account the need to
provide sufficient guarantees against refoulement,
access to asylum procedures and effective protection in accordance
with human rights standards;
9.18 take steps to tackle intolerance, racism and xenophobia
linked to the arrival of irregular migrants and asylum seekers.
Malta in particular needs to take further steps in this respect;
9.19 accede to the Council of Europe Convention on Action against
Trafficking in Human Beings (CETS No. 197);
9.20 make full use of European Union funding opportunities
under the External Borders Fund, the European Refugee Fund, the
European Fund for the Integration of Third Country Nationals and
the Return Fund;
9.21 make full use of the opportunity for loans from the Council
of Europe Development Bank for creating the necessary permanent
reception structures for receiving irregular migrants, asylum seekers and
refugees.
