Council of Europe International Conference on Migrant Smuggling
Strasbourg, 10-11 September 2024
Concluding remarks by Gianluca Esposito, Director General of Human Rights and Rule of Law, Council of Europe
Thank speakers and participants, in the room and online for their valuable contributions.
Discussions have shown that there is an urgent need to strengthen our collective efforts to prosecute smugglers and criminal networks and ensure that the rights and dignity of migrants are upheld.
Recent tragedies have shown the insufficiency of existing efforts and how migrants continue to turn to smugglers who exploit legal loopholes, jurisdictional gapsand inadequate enforcement of standards. The scenarios are diverse: dangerous routes, conflict zones, or smugglers operating within broader criminal or financial networks.
Smugglers may in addition seek to capitalise on the threat or actual instrumentalisation of migration. Not a new phenomenon, but further complicating efforts to prosecute smugglers and address the associated security and humanitarian challenges.
To address these challenges, what we need are not closed borders, but better, coordinated actions and cooperation.
While the UN Palermo Protocol remains the anchor and compass, complementary regional and national actions could help strengthen our collective response against this scourge.
The EU’s call to Action for a Global Alliance to Counter Migrant Smuggling aligns with this need, and the Council of Europe has confirmed its readiness to contribute to this Alliance.
Existing Council of Europe’s conventions – such as on international cooperation in criminal matters, combating money laundering or cybercrime, have helped harmonise national legislation and practices, and fostered effective cross-border cooperation.
Importantly, they are open to third countries so as to capture the entire smuggling-route, including beyond Europe’s border.
The European Committee on Crime Problems (CDPC) has been actively engaged in implementing the 2020 Action Plan on Fostering International Cooperation and Investigative Strategies in Fighting the Smuggling of Migrants. As part of this plan, the Council of Europe Network of Prosecutors on Migrant Smuggling was established, and most CDPC delegations have provided migration country profiles. They offer valuable information that countries can use to strengthen their own legal and judicial efforts, and I encourage the remaining delegations to submit theirs.
The importance of close collaboration among prosecutors, law enforcement and other groups of practitioners has been confirmed throughout the conference.
Looking ahead, the Council of Europe remains committed to further strengthening our efforts to prevent and combat migrant smuggling.
As you heard, following the 4th Summit of Heads of State and Government, our Committee of Ministers tasked the CDPC with preparing a report, to be finalised by the end of this year, assessing the need for, and feasibility of, a possible instrument to combat migrant smuggling. This draft report, presented by the experts, Andreas Schloenhardt and Gery Ferrara, will be informed by the contributions and reflections of this conference.
This report will outline different options for MS to consider as regards possible instruments to address migrant smuggling. The decision whether and how to move forward with a specific type of instrument rests with the MS and we remain committed to supporting whichever path MS choose. I trust member states will show vision and courage.
And of course, we intend to continue to proceed in close partnership with other international institutions, such as the UN, the OSCE and the EU, and their relevant agencies, with civil society organisations who are on the front line, and with third countries outside Europe.
Thank you for your attention and for your active participation in this Conference.
