GENEVA - UN experts* today expressed alarm at EU discussions about proposed legislation on the smuggling of migrants and its compatibility with international human rights law - particularly the potential absence of a mandatory humanitarian exemption.
"Without a clearly defined mandatory humanitarian exemption, there is a serious risk of criminalisation of life-saving action and assistance to victims of human trafficking, migrants, refugees, asylum seekers and other persons in need of international protection, including children," the experts said.
On 28 November 2023, the European Commission published a proposal for a revised Facilitation Directive, currently under review by the European Parliament.
The revised legislation risks criminalising those who are assisting and protecting people whose lives or safety are endangered, the experts said. A mandatory humanitarian exemption would be consistent with the UN Protocol Against the Smuggling of Migrants, and international law obligations to assist persons in situations of distress and whose lives are at risk.
"There is increasing hostility towards refugees, migrants and civil society organisations that work to protect the human rights of refugees and migrants," the experts said. "Human Rights defenders and civil society are increasingly subjected to criminal prosecution, amid shrinking civil society space in Europe."
The experts urged the European Parliament and the Council of the European Union to include a binding humanitarian exemption clause, to exempt from criminal liability individuals who have assisted migrants, refugees and asylum-seekers, including victims of trafficking and other serious human rights violations, for humanitarian reasons or based on close family ties, and for no profit.
"Ensuring protection of human rights in all actions taken to combat smuggling is a legal obligation, and vital for effective protection of lives and rights of people on the move," the experts said.
The full analysis of the proposed revised Facilitation Directive can be found here.
