- Directive of the European Union on return -
The current text does not guarantee the respect for fundamental rights
On 18 June 2008 the European Parliament will vote on the compromise draft directive on the return of illegally staying third country nationals. Once adopted, this text will regulate the procedures and conditions under which migrants staying illegally in Europe will be « returned ».
The Euro-Mediterranean Human Rights Network (EMHRN) joins the numerous criticisms expressed by civil society organisations about the fact that provisions relating to the length of the detention, the re entry ban on the territory and the treatment of vulnerable persons and non-accompanied minors, as envisaged in the draft, are unacceptable.
The EMHRN notes more specifically that the draft directive specifies that forcible return to countries through which migrants have transited before entering the EU territory, and this even if they have no established ties there, can be implemented.
The EMHRN recalls that no North African nor Middle Eastern country – ie the main transit countries for migration originating from Southern Europe – can ensure the protection of the rights of migrants. Arbitrary detention and torture are commonly used in many of them. Further, almost all the legislations of these countries criminalise the stay and the illegal crossing of their borders. The laws in force in these countries envisage sentences going sometimes up to one year imprisonment, accompanied by fines 1 .
« How, in such conditions, can the EU claim to guarantee that returnees are not subject to ill-treatment? ? » Kamel Jendoubi, President of the EMHRN, underlined. « It is simply impossible » he added. « By returning migrants to transit countries rather than to their countries of origin or of habitual residence, not only does the EU transfer their responsibility of taking charge of them to countries that don't have the means to do so, but it also and especially puts them in a situation where they risk to have their rights violated» he concluded.
The EMHRN observes that the draft directive affirms the principle of « non-refoulement »2. However, the NGO notes that no concrete mechanism that would monitor the respect of this principle has been suggested. « At a time when Italy does not hesitate to return Sami Essid back to Tunisia despite the interdiction from the European Court of Human Rights, and when Greece did not hesitate to return Afghan refugees back to Turkey, in total violation with the principle of non-refoulement, how can the EU claim that it will respect this principle? » Kamel Jendoubi asked.
For these reasons, the EMHRN believes that the current draft directive does not protect the rights of the « returnees »; quite the contrary. The current text doesn’t establish sufficient norms in terms of protection of rights. Moreover, it does not respect international guidelines such as the Council of Europe “twenty principles on forcible returns”.
The EMHRN therefore urges European MPs not to vote for the compromise presented before them, since it could be a source of human rights violations.
[1] See the EMHRN position in view of the Euromed ministerial conference on migration, October 2007
[2] See Pro Asyl report : « the thruth may be bitter, but it must be told », www.proasyl.de
