Committee Opinion | Doc. 14534 | 24 April 2018
The situation in Libya: prospects and role of the Council of Europe
Committee on Migration, Refugees and Displaced Persons
A. Conclusions of the committee
(open)B. Proposed amendments
(open)Amendment A (to the draft resolution)
In paragraph 8, replace the words “a real risk” with the words “a reality”.
Explanatory note:
It has become more and more evident from the reports quoted that migrants have indeed been tortured and subjected to inhuman treatment.
Amendment B (to the draft resolution)
At the end of paragraph 9, add the following sentence:
“This includes making more substantial pledges to resettle refugees after their evacuation from Libya or from locations south of Libya where they are stranded.”
Explanatory note:
As the Office of the United Nations High Commissioner for Refugees (UNHCR) evacuates refugees from Libya, it is necessary to ensure their swift resettlement.
Amendment C (to the draft resolution)
In paragraph 10.2, insert the word “irregular” before the word “migrant”.
Explanatory note:
Support by the Assembly for the complete closure of borders could be wrongly interpreted as a principle which could be applied elsewhere.
Amendment D (to the draft resolution)
In paragraph 10.2, replace the words “closing the southern border in Fezzan” with the words “reinforcing border security at the southern border in the Fezzan”.
Explanatory note:
Support by the Assembly for the complete closure of borders could be wrongly interpreted as a principle which could be applied elsewhere.
Amendment E (to the draft resolution)
In paragraph 11.1, delete the words “intensification of their”.
Explanatory note:
The respect of refugees’ and migrants’ fundamental rights should be absolutely guaranteed.
Amendment F (to the draft resolution)
In paragraph 11.1, replace the words “possibility of checking that they make the effort to respect” with the words “respect for”.
Explanatory note:
The respect of refugees’ and migrants’ fundamental rights should be absolutely guaranteed.
Amendment G (to the draft resolution)
After paragraph 11.1, insert the following paragraph:
“ensure that all co-operation with the Libyan Coast Guard is contingent on a system of monitoring and sanctions which will ensure compliance with international law in Libyan waters and that this co-operation is immediately suspended in the case of repeated human rights violations;”
Explanatory note:
Problems with treatment of migrants during rescues have been reported by international organisations and NGOs working in the area. These should be carefully investigated and effective monitoring systems implemented.
Amendment H (to the draft resolution)
After paragraph 11.1, insert the following paragraph:
“ensure that the Libyan Coast Guard is trained in international human rights law and the law of the sea, including the principle of non-refoulement, and follows the rules of the high seas in order to support rescue missions and facilitate co-operation with humanitarian NGOs in civil rescue operations, with the aim of avoiding endangering the lives of refugees and migrants;”
Explanatory note:
It is essential that the Coast Guard be trained and instructed in order to avoid violations of human rights at sea, and to co-operate with those engaged in humanitarian rescue work.
Amendment I (to the draft resolution)
After paragraph 11.1, insert the following paragraph:
“delay the setting up of a new Maritime Rescue Co-ordination Centre in Libya until capacity-building measures have proved successful in improving governance structures;”
Explanatory note:
A co-ordination centre operated on Libyan territory should be set up with a minimum guarantee of effective governance.
Amendment J (to the draft resolution)
After paragraph 11.2, insert the following paragraph:
“carry out an exhaustive financial and results-based assessment of the success of the implementation of the principles set out in the 2017 Malta Declaration;”
Explanatory note:
European Union member States should be encouraged to question the success of the externalisation and security policies pursued to the detriment of others over the past months.
Amendment K (to the draft resolution)
After paragraph 11, insert the following paragraph:
“The Assembly also urges member States to step up their contributions to development co-operation with the countries to the south of Libya, which will help to reduce the number of departures from countries not in conflict.”
Explanatory note:
The resolution refers in paragraph 6 to the arrival in Italy from Libya of migrants from countries not under threat. Their numbers can only be reduced if the countries concerned are able to create opportunities and future life projects in their home countries.
Amendment L (to the draft recommendation)
Before paragraph 3.1, insert the following paragraph:
“the establishment of criteria for monitoring the respect for human rights of migrants in Libya and in Libyan territorial waters based on the relevant conventions and in particular on the European Convention on Human Rights (ETS No. 5) and its case law;”
Explanatory note:
The Council of Europe’s acquis is an essential tool for the protection of human rights and could be used to establish practical guidelines for prevention and monitoring in the region.