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The large-scale arrival of irregular migrants, asylum
seekers and refugees on Europe’s southern shores

Resolution 1805 (2011)1

1.       The
uprisings in Tunisia, Egypt and Libya, during the course of
this year, have brought about important and brave political
changes at Europe’s southernmost borders. These changes have,
however, created a new wave of desperate people taking
desperate measures to cross the Mediterranean to flee danger
or economic hardship.

2.       So far
this year, over 23 000 persons have arrived from Tunisia
in precarious vessels on the small Italian island of
Lampedusa, which has a winter population of only 5 000
inhabitants. The vast majority of these arrivals have been
irregular migrants fleeing for economic reasons.

3.       In the
last two weeks, the first boats have started to arrive from
Libya. Over 1 000 persons reached Malta and almost 900
landed in Italy. Without wanting to be alarmist, it is clear
that many more could come, taking into account that
460 000 people have already fled Libya and sought refuge,
mainly in Tunisia (228 000 people) and Egypt
(182 000 people).

4.
Thousands continue to flee Libya each day. For the moment,
these persons are not Libyans; they are primarily individuals
who originally came from countries where there are ongoing
conflicts who then have got caught up in the Libyan conflict
before being able to flee. Many of these persons cannot be
repatriated to their countries of origin and Europe will need
to address their asylum or other international protection
needs. The situation will become even more complex should a
mass exodus of Libyans, with prima facie protection needs,
because of either the increasing terror of Colonel Gaddafi or
the emergence of a civil war, start to flee the country, or if
Colonel Gaddafi follows up on his threat of using irregular
migration as a weapon against Europe.

5.       In the
meantime, the death toll from overcrowded, unseaworthy boats
failing in their attempts to reach Europe’s shores continues
to climb, with boats with as many as 335 persons on board
reported missing at sea.

6.       The
Parliamentary Assembly recognises that one of the first
priorities is to deal with the humanitarian and international
protection needs of those who have arrived on Europe’s shores,
primarily in Italy and Malta. Member states, the European
Union, international organisations, civil society and others
all have a contribution to make and need to show solidarity
with the front-line states. This solidarity and willingness to
share responsibility needs to extend to the coast of North
Africa and the many thousands of refugees and displaced
persons still seeking ways to return home after fleeing from
Libya. It should also extend to those migrants and refugees
who are trapped in Libya awaiting the chance to flee.

7.       The
Assembly notes that while there has been a wave of arrivals,
there has not yet been the feared total deluge. This
distinction is important because it has not always been
clearly made by politicians, the media and others, leading to
heightened fear and misunderstanding among the general public
and calls for exaggerated responses.

8.       The
Assembly recognises the pressure that the front-line countries
of the Council of Europe are under, and welcomes their efforts
to provide humanitarian assistance in line with international
obligations and encourages them to continue with these
efforts. The Assembly reminds states of their international
obligations not to push back boats which are carrying persons
with international protection needs.

9.       The
Assembly notes that the current inability of the Italian
authorities to return Tunisian irregular migrants has led them
to provide these persons with temporary residency permits for
six months. It also notes that this risks creating further
tension between France and Italy, bearing in mind that France
has intercepted and returned many Tunisians who have crossed
the border from Italy.

10.       The
Assembly considers that it is never too soon to start dealing
with the root causes of this wave of boat people. Some of
these causes can be dealt with relatively rapidly, others are
more complicated and will require more time. Tackling these
causes will, however, require political will, a readiness to
compromise and will require financing. The root causes are
clear; they are conflicts, difficult economic situations, lack
of democratically legitimised governments, of political
stability and authority and a population explosion in the
southern Mediterranean.

11.
Europe will need to invest heavily in these countries in the
economic and democratic sense. Furthermore, negotiation will
be necessary on sensitive issues such as the return of
nationals and opportunities for legal avenues of migration. If
Europe does too little, it risks having as neighbours
countries in North Africa with populations in conflict and
poverty, their youth lacking prospects, with major
consequences in terms of irregular migration.

12.       The
Assembly, recognising that events in North Africa are of
concern to all member states of the Council of Europe,
therefore calls on member states to:

12.1.
acknowledge that the arrival of a large number of irregular
immigrants on the southern shores of Europe is the
responsibility of all European states and requires a
solution which envisages the need to share this
responsibility collectively. The Assembly reminds member
states of the repeated appeals of the Council of Europe
Commissioner for Human Rights for the need for effective
responsibility sharing;

12.2.
provide urgent humanitarian aid and assistance to all those
persons arriving on Europe’s southern shores and other
borders, including through the provision of adequate
accommodation, shelter and health care, as highlighted
previously in Assembly
Resolution 1637 (2008) on Europe’s boat people: mixed
migration flows by sea into southern Europe;

12.3.
refrain from automatic detention and have recourse to
detention only where there is no other reasonable
alternative, ensuring that conditions comply with minimum
human rights standards as outlined in Assembly
Resolution 1707 (2010) on detention of asylum seekers
and irregular migrants in Europe;

12.4.
ensure that vulnerable persons, including women and
children, victims of torture, victims of trafficking, and
the elderly, are not detained and receive appropriate care
and assistance;

12.5.
guarantee the right of asylum and non-refoulement through,
inter alia:

12.5.1.
ensuring that states give access to their territory to
persons in need of international protection;

12.5.2.
assuring the quality and consistency of asylum decisions
in line with Assembly
Resolution 1695 (2009) on improving the quality and
consistency of asylum decisions in the Council of Europe
member states;

12.6.
ensure that, in screening arrivals and carrying out asylum
determinations, these are carried out without delay, but
that speed is not given preference over fairness;

12.7.
provide full support to the Office of the United Nations
High Commissioner for Refugees (UNHCR), International
Organisation for Migration (IOM), International Committee
of the Red Cross (ICRC) and other international and
national organisations providing humanitarian and other
assistance, both in North Africa and in the European
countries of arrival, and generously take part in
resettlement programmes for refugees stranded in North
African countries;

12.8.
show solidarity in the challenges faced, which includes
sharing responsibility with front-line states, including
by:

12.8.1.
giving further support to the European Agency for the
Management of Operational Cooperation at the External
Borders of the Member States of the European Union
(Frontex) and the newly established European Asylum
Agency (EASO), and encouraging further use of European
Union funding available through the External Borders
Fund, the Return Fund, the European Refugee Fund and the
Integration Fund;

12.8.2.
looking into the possibility of taking on commitments
for resettlement of those with international protection
needs from the European countries of arrival and on
suspending the application of the Dublin Regulations or
on considering other forms of responsibility sharing,
through the use of existing mechanisms provided for in
the Dublin Regulation, including the solidarity clause
in Article 3(2) and the humanitarian clause in Article
15;

12.8.3.
working together, including with the European Union, on
the issue of voluntary and forced returns, taking into
account necessary human rights safeguards when relying
on readmission agreements in line with Assembly
Resolution 1741 (2010) on readmission agreements: a
mechanism for returning irregular migrants;

12.8.4.
acknowledging the
particularly difficult situation in which Malta finds
itself, in view of the size of its territory, its high
population density and limited human and material
resources, and committing to the resettlement of those
with international protection needs.

13.       The
Assembly, taking into account that it is necessary to tackle
as soon as possible the root causes of these large-scale
arrivals of irregular migrants, asylum seekers and refugees,
urges member states to:

13.1.
provide support for economic, social, democratic and legal
reform and development in Tunisia and Egypt, and as
appropriate in Libya;

13.2.
provide legal avenues for migration (such as through
seasonal work, circular migration and other forms of
migration) for persons coming from the affected countries,
in order to reduce the pressure of irregular migration and
a means of support for the countries concerned;

13.3.
be ready to provide substantial assistance to Libya to
stabilise the country as soon as it comes out of its
current conflict.

14.       If a
mass exodus of Libyan refugees occurs because of increasing
terror by Colonel Gaddafi or the emergence of a civil war, the
Assembly encourages the European Union member states to
consider applying the temporary protection directive (Council
Directive 2001/55/EC of 20 July 2001 on minimum standards for
giving temporary protection in the event of a mass influx of
displaced persons and on measures promoting a balance of
efforts between Member States in receiving such persons and
bearing the consequences thereof). It is important, however,
to ensure that no states are considering returning Libyans at
this stage and that at least a form of temporary protection is
provided in practice.

15.       The
Assembly reminds member states of the financing possibilities
offered by the Council of Europe Development Bank and
encourages them to present projects asking for loans to
contribute to the creation of adequate reception facilities
and infrastructures to help to meet the needs of these
vulnerable persons.

1 Assembly debate on 14 April
2011 (16th Sitting) (see Doc.
12581, report of the Committee on Migration, Refugees and
Population, rapporteur: Ms Strik). Text adopted by the
Assembly on 14 April 2011 (16th Sitting).

See also
Recommendation 1967 (2011).

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