United Nations human rights experts have issued a stark warning to the European Union, expressing deep concern that proposed new legislation on migrant smuggling could criminalise life-saving humanitarian assistance.
The alert was contained in a press release from the UN Office of the High Commissioner for Human Rights (OHCHR) issued here on Monday.
The experts highlighted specific worries about the ongoing review of the EU’s revised Facilitation Directive, a proposal initially published by the European Commission on 28 November 2023.
Their primary concern is the potential absence of a mandatory humanitarian exemption clause within the proposed law.
“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 UN experts stated.
They argued that the revised legislation, in its current form, risks penalising individuals and organisations who provide aid to people whose lives or safety are endangered. A binding humanitarian exemption would align with the UN Protocol Against the Smuggling of Migrants and broader international law obligations to assist persons in distress.
The warning comes amidst what the experts described as a troubling environment.
They said, “There is increasing hostility towards refugees, migrants and civil society organisations that work to protect the human rights of refugees and migrants. Human rights defenders and civil society are facing growing criminal prosecution amid a shrinking civic space in Europe.”
In their statement, experts urgently called on the European Parliament and the Council of the EU to incorporate a binding humanitarian exemption clause.
This clause should exempt from criminal liability individuals who assist migrants, refugees, asylum-seekers, and victims of trafficking for purely humanitarian reasons, based on close family ties, and without 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 concluded, underscoring the critical need for the EU legislation to comply with international human rights standards.
