“I am struck by the alarming level of tolerance to serious human rights violations against refugees, asylum seekers and migrants that has developed across Europe”, said Council of Europe Commissioner for Human Rights, Dunja Mijatović, in Lampedusa on 19 June, ahead of World Refugee Day.
“Ahead of the day on which we raise awareness of refugee rights, it is impossible not to reflect on the situation that persists in the Mediterranean and elsewhere. Last week’s shipwreck off the Greek coast is yet another reminder that, despite many warnings, the lives of people at sea remain at risk in the face of insufficient rescue capacity and coordination, a lack of safe and legal routes and solidarity, and the criminalisation of NGOs trying to provide life-saving assistance. Elsewhere in Europe, pushbacks at land and sea borders, violence against refugees and migrants, denial of access to asylum, deprivation of humanitarian assistance and the harassment of refugee rights defenders, are widely documented.
Reports of human rights violations against refugees, asylum seekers and migrants are now so frequent that they hardly register in the public consciousness. For their part, Council of Europe member states’ governments, rather than holding each other accountable on the basis of commonly-agreed standards, have far too often silently tolerated or openly supported the adoption of laws and policies that have progressively stripped human rights protections from people on the move. Their collective focus on deterrence and shifting responsibility to third countries has created a breeding ground for practices that routinely violate refugees’ and migrants’ rights.
"It is Italy’s and our common European responsibility to stop the ongoing human tragedy in the Mediterranean. It is high time to take collective action to end the loss of life at sea, including through responsibility sharing for adequate rescue capacity and relocation of those rescued”, said the Commissioner for Human Rights on 26 June, after a five-day visit to Italy focusing on the human rights of refugees, asylum seekers and migrants and on women’s rights and gender equality.
“Italy must stop endangering the lives and safety of refugees, asylum seekers and migrants by facilitating their interception and return to Libya, where they face widespread and grave violations of human rights. Any co-operation activities with third countries, including with Tunisia, must be conditional on comprehensive and effective human rights safeguards. In the absence of such safeguards, these activities only lead to more human suffering”.
The Commissioner also called on the Italian authorities to repeal policies and end practices which hinder NGOs’ search and rescue activities at sea. “It is crucial that NGOs can continue to carry out their life-saving work. The criminalisation of their activities goes against Italy’s obligations under international law”.
During her field visit to Lampedusa, Commissioner Mijatović noted the efforts of local authorities, international organisations, and civil society to meet the challenging situation in the hotspot and on the island. “Long-term planning at national level is necessary to ensure the sustainability of reception of refugees, asylum seekers and migrants in dignified conditions across Italy. Tailored support should be provided to the authorities and inhabitants of Lampedusa, who continue to extend generous assistance to those arriving to the island, despite all difficulties”.
“Council of Europe member states should insist on clear human rights safeguards in any further migration co-operation with Tunisia”, the Commissioner stated on 17 July in relation to the conclusion of a Memorandum of Understanding between the European Union and Tunisia which foresees, among other things, closer co-operation on migration.
“Comprehensive human rights safeguards must be an integral part of any migration co-operation activity between Council of Europe member states and third countries, including Tunisia. Such safeguards should ensure that support does not result, directly or indirectly, in human rights violations at the hands of those third countries. The recently reported serious human rights violations against refugees and migrants in Tunisia only make the inclusion of such safeguards more pressing.
The text of the Memorandum of Understanding between the EU and Tunisia relating to migration only includes very general language on human rights, and no concrete indication of whether safeguards would be put in place or what those would be. I therefore call on Council of Europe member states which are also EU member states to press for immediate clarification of the human rights safeguards that will be put in place and to insist that the migration-related aspects of the agreement are not further implemented until adequate safeguards have been established.
Failure to establish clear and concrete safeguards in migration co-operation activities will only add to the worrying trend of human rights being sacrificed to European states’ attempts to externalise their responsibilities.”
In a letter to the Prime Minister of Greece, Kyriakos Mitsotakis, published on 28 July, Commissioner Mijatović, stressed that Greece has the legal obligation to conduct effective investigations into the deadly Pylos shipwreck, to establish the facts and, where appropriate, to lead to the punishment of those responsible.
"In my view, the shipwreck of 14 June is unfortunately not an isolated incident”, wrote the Commissioner. This should prompt a reconsideration of the approach to refugees and migrants arriving by sea at the political, policy and practical level. In this context, the Commissioner urged the Prime Minister to ensure that Greece abides by its international obligations regarding search and rescue, both under maritime law and human rights law.
“I call on the Latvian Parliament to reject the draft amendments to the Law on the State Border and the Law on the State Border Guard, which would legalise current practices at the border with Belarus that place persons in need of international protection at risk of pushbacks and ill-treatment,” said Commissioner Mijatović, on 21 June.
Finally, on 5 June, following her visit to Denmark, the Commissioner noted that “While Denmark has a solid track record with regard to international human rights obligations, there are challenges that persist, and actions that should be taken to step up protection. This is particularly the case for some of the most vulnerable groups in our societies, such as refugees, asylum seekers and migrants, as well as people with disabilities.”