Draft resolution
1The Parliamentary Assembly
has been drawing attention to the tragedy playing out in the Mediterranean Sea
since its Resolution
1872 (2012) on “Lives lost in the Mediterranean Sea: who is responsible?”.
Other texts followed, in particular Resolution 1999 (2014) “The left-to-die boat: actions and reactions”, Resolution 2000 (2014) on the large-scale arrival of mixed migratory flows
on Italian shores, Resolution
2050 (2015) “The human tragedy in the Mediterranean: immediate action
needed” and Resolution
2088 (2016) “The Mediterranean Sea: a front door to irregular migration”.
The Assembly held an urgent debate on “International obligations
of Council of Europe member States: to protect life at sea” on 27
June 2018 and has adopted several other texts which refer to the
situation in the Mediterranean Sea and the need to find remedies.
2The Assembly continues to be appalled by the high number of
lives lost in the Mediterranean Sea by asylum seekers who are trying
desperately to reach Europe on makeshift boats. It calls on member
States to respect their international obligations and co-ordinate
their efforts to protect lives at sea. Although migratory flows
have now decreased to a fraction of the numbers recorded in 2015,
the situation can still be described as an emergency. In the case
of Greece, for instance, the number of migrants has increased by
150% over the past few months. Over the past six years, almost 20
000 persons have perished during their perilous journey across the
Mediterranean. This situation is untenable and should be remedied
without further delay. The Assembly welcomes the emerging agreement
of some European Union member States on the relocation of people
rescued at sea by non-governmental organisations and others, and
urges more countries to join this agreement. Likewise, it calls
on all European Union countries to accept their responsibilities
and welcomes the readiness of the Mediterranean States to co-operate.
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, paragraph 2, replace the words "asylum seekers" with the word "migrants".
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, paragraph 2, delete the last sentence.
3The European Union’s successive Triton and Sophia sea and
(now only) air operations, resulted in a reduction of nearly 32%
of arrivals on the Italian coasts between November 2016 and November
2017 and have saved over 200 000 lives since 2014. However, the
European Union’s continued priority given to border control and
the tendency to promote the processing of asylum claims to countries
and regions outside its frontiers have not yielded convincing results,
and may be said to have increased the risks to which refugees and
asylum-seekers are exposed and indeed, to which they expose themselves
in their efforts to reach safety.
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, paragraph 3, replace the words "asylum-seekers" with the word "migrants".
4The Assembly welcomes the commitment of non-governmental organisations
but insists that it is the duty of States not to let people drown
in the Mediterranean. In the light of the continued denial of the
basic human rights of migrants in the Mediterranean, in an effort
to avoid further tragic deaths and to provide the right of access
to international protection and asylum procedures, the Assembly
urges member States to:
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, paragraph 4, replace the words "not to let people drown in the Mediterranean" with the following words:
"to uphold the rule of law despite severe migration pressures".
(If adopted, amendment 12 falls)
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, paragraph 4, delete the words:
"In the light of the continued denial of the basic human rights of migrants in the Mediterranean,".
(Falls if amendment 20 is adopted)
Tabled by Mr Alvise MANIERO, Mr Stefan ZRINZO AZZOPARDI, Mr Carmelo MIFSUD BONNICI, Ms Sabrina DE CARLO, Mr Piero FASSINO, Mr Maurizio BUCCARELLA, Mr Gianni MARILOTTI, Ms Vanessa D'AMBROSIO, Mr Roger ZAVOLI, Mr Marco GATTI, Mr Fabio DI MICCO, Mr Alberto RIBOLLA, Mr Manuel VESCOVI, Ms Augusta MONTARULI
In the draft resolution, paragraph 4, replace the words:
"denial of the basic human rights of"
with the following words:
"assistance to".
4.1place
the rescue of men, women and children in the Mediterranean above
political and other considerations and as an imperative for respect
of the universal principles underlying respect for human life and
assistance to people in mortal danger;
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, replace paragraph 4.1 with the following paragraph:
"uphold the rule of law and their democratic legal decisions, and discuss their individual approaches on dealing with persons picked up in the Mediterranean Sea;"
Tabled by Ms Zeynep YILDIZ, Mr Ziya ALTUNYALDIZ, Mr Ali ŞAHİN, Ms Serap YAŞAR, Mr Zafer SIRAKAYA
In the draft resolution, after paragraph 4.1, insert the following paragraph:
"recalling Resolution 2299(2019) on pushback policies and practice in Council of Europe member States, refrain from any action leading to pushbacks or collective expulsions, for these acts constitute a violation of rights of international asylum law, the right to asylum, the right to be protected against refoulement and the right to access an asylum procedure;"
4.2devote special attention to assistance for vulnerable
migrants such as children, women, disabled persons and those in
need of particular medical or psychological support;
Tabled by Ms Zeynep YILDIZ, Mr Ziya ALTUNYALDIZ, Mr Ali ŞAHİN, Ms Serap YAŞAR, Mr Zafer SIRAKAYA
In the draft resolution, paragraph 4.2, after the word "vulnerable" insert the following words: "refugees and".
Tabled by Mr Simon MOUTQUIN, Mr Betian KITEV, Ms Shpresa HADRI, Ms Margreet De BOER, Ms Thórhildur Sunna ÆVARSDÓTTIR, Mr Predrag SEKULIĆ, Mr Emanuel MALLIA, Mr Stefan ZRINZO AZZOPARDI, Ms Petra BAYR, Mr Žarko OBRADOVIĆ
In the draft resolution, paragraph 4.2, after the word "children", insert the following words: "people from LGBT+ communities,".
4.3 to launch a new European Union rescue mission. The Assembly
welcomes the commitment of NGOs, but it is the duty of States not
to let people drown in the Mediterranean;
(If adopted, amendment 3 falls)
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, delete paragraph 4.3.
(Falls if amendment 22 is adopted)
Tabled by Mr Alvise MANIERO, Mr Maurizio BUCCARELLA, Ms Maria RIZZOTTI, Mr Manuel VESCOVI, Ms Deborah BERGAMINI, Mr Alberto RIBOLLA, Mr Piero FASSINO, Mr Emanuel MALLIA, Mr Stefan ZRINZO AZZOPARDI, Mr Carmelo MIFSUD BONNICI, Ms Sabrina DE CARLO, Mr Gianni MARILOTTI, Ms Vanessa D'AMBROSIO, Mr Roger ZAVOLI, Mr Marco GATTI, Ms Augusta MONTARULI, Mr Fabio DI MICCO
In the draft resolution, paragraph 4.3, delete the second sentence.
4.4in line with the Council of Europe’s Convention on Action
against Trafficking in Human Beings (STCE No. 197), take united
action to stop trafficking in human beings, and combat people smuggling in
co-operation with other international organisations;
4.5respect the terms of international conventions, in particular
the International Convention on Maritime Search and Rescue as well
as the Protocol against the Smuggling of Migrants by Land, Sea and
Air to the United Nations Convention against Transnational Organized
Crime (Palermo Protocol);
4.6ensure respect for the principle of non-refoulement, in particular in the
context of joint or “aggregate rescue” operations, where the prohibition
of refoulement cannot be collectively
evaded under the obligations stemming from refugee law and the European
Convention on Human Rights (STE No. 5);
4.7for those countries concerned, contribute to the implementation
of the United Nations Global Compacts on Safe, Orderly and Regular
Migration and on Refugees;
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, delete paragraph 4.7.
4.8support all proposals aimed to implement more efficient
relocation and thus share responsibilities for migration management;
(If adopted, amendment 4 falls)
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, delete paragraph 4.8.
(Falls if amendment 24 is adopted)
Tabled by Mr Alvise MANIERO, Mr Maurizio BUCCARELLA, Ms Maria RIZZOTTI, Mr Manuel VESCOVI, Ms Deborah BERGAMINI, Mr Alberto RIBOLLA, Mr Piero FASSINO, Mr Emanuel MALLIA, Mr Stefan ZRINZO AZZOPARDI, Mr Carmelo MIFSUD BONNICI, Ms Sabrina DE CARLO, Mr Gianni MARILOTTI, Ms Vanessa D'AMBROSIO, Mr Roger ZAVOLI, Mr Marco GATTI, Mr Fabio DI MICCO
In the draft resolution, at the end of paragraph 4.8, insert the following words: "on the basis of reliable and efficient solidarity"
Tabled by Mr Alvise MANIERO, Mr Stefan ZRINZO AZZOPARDI, Mr Piero FASSINO, Ms Sabrina DE CARLO, Mr Emanuel MALLIA, Mr Maurizio BUCCARELLA, Ms Maria RIZZOTTI, Mr Gianni MARILOTTI, Ms Vanessa D'AMBROSIO, Mr Roger ZAVOLI, Mr Marco GATTI, Ms Augusta MONTARULI, Mr Fabio DI MICCO
In the draft resolution, after paragraph 4.8, insert the following paragraph:
"welcome the agreement reached in Malta by the Interior Ministers of Italy, France, Germany and Malta on 23 September 2019, strongly hoping that as many EU member states as possible will join it;"
4.9ensure that these initiatives are taken in full respect
for the principles set out by the Assembly in its previous resolutions
and recommendations, as well as those of other Council of Europe
entities, in particular the Commissioner for Human Rights in her
recommendation on “Bridging the protection gap for refugees and
migrants in the Mediterranean” of June 2019;
4.10further ensure that any action taken is in line with the
standards and principles proposed by international partners, such
as the joint United Nations High Commission for Refugees /International Organization
for Migration 2018 joint proposal for a Regional Disembarkation
Mechanism;
4.11as stated in previous Assembly texts, allow non-governmental
organisations to carry out their life-saving missions in the Mediterranean
Sea, recognising their capacities to organise rapid-reaction rescues,
and refrain from stigmatising the work of NGOs;
Tabled by Mr Alvise MANIERO, Mr Maurizio BUCCARELLA, Ms Maria RIZZOTTI, Mr Manuel VESCOVI, Ms Deborah BERGAMINI, Mr Alberto RIBOLLA, Mr Piero FASSINO, Mr Emanuel MALLIA, Mr Stefan ZRINZO AZZOPARDI, Mr Carmelo MIFSUD BONNICI, Ms Sabrina DE CARLO, Mr Gianni MARILOTTI, Ms Vanessa D'AMBROSIO, Mr Roger ZAVOLI, Mr Marco GATTI, Mr Fabio DI MICCO, Ms Augusta MONTARULI
In the draft resolution, at the end of paragraph 4.11, after the words: "Mediterranean sea", insert the following words: "with due regard to national regulatory frameworks and international law".
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, paragraph 4.11, after the words "Mediterranean Sea", insert the following words:
"only if they have accepted the Code of Conduct, i.e. only in co-operation with the coastguards of the coastal states,"
4.12in particular, ensure that captains of all vessels rescuing
migrants and refugees in the Mediterranean are able to disembark
them in the nearest port of safety (as provided for by international maritime
law), and that once rescued at sea, migrants are brought to safe
places of reception where their basic needs are provided for by
adequate living conditions, appropriate conditions to uphold the
right to apply for asylum and for asylum procedures to be dealt
with efficiently. Specific attention should be given to the care
and conditions of children, and the provision of child-friendly
support and information;
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, paragraph 4.12, delete the following words:
", and that once rescued at sea, migrants are brought to safe places of reception where their basic needs are provided for by adequate living conditions, appropriate conditions to uphold the right to apply for asylum and for asylum procedures to be dealt with efficiently. Specific attention should be given to the care and conditions of children, and the provision of child-friendly support and information".
Tabled by Mr Alvise MANIERO, Mr Maurizio BUCCARELLA, Ms Maria RIZZOTTI, Ms Deborah BERGAMINI, Mr Piero FASSINO, Mr Emanuel MALLIA, Mr Stefan ZRINZO AZZOPARDI, Mr Carmelo MIFSUD BONNICI, Ms Sabrina DE CARLO, Mr Gianni MARILOTTI, Ms Vanessa D'AMBROSIO, Mr Roger ZAVOLI, Mr Marco GATTI, Mr Fabio DI MICCO, Ms Augusta MONTARULI
In the draft resolution, after paragraph 4.12, insert the following paragraph:
"in cases of disproportionate migratory pressure on one of the States, to establish a mechanism, on a voluntary basis, in order to identify an alternative port of disembarkation;"
4.13increase regular and legal routes to Europe through resettlement
programmes, humanitarian visa and swifter family reunification procedures, inter alia, so that people may apply
for these rather than embarking on the irregular and deadly journey
across the Mediterranean;
(If adopted, amendment 15 falls)
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, delete paragraph 4.13.
(Falls if amendment 27 is adopted)
Tabled by Ms Zeynep YILDIZ, Mr Ziya ALTUNYALDIZ, Mr Ali ŞAHİN, Ms Serap YAŞAR, Mr Zafer SIRAKAYA
In the draft resolution, paragraph 4.13, after the words "reunification procedures" insert the following words:
"such as the Voluntary Humanitarian Admission Scheme".
4.14 terminate training, financing and equipping as well as
the logistical support for the so-called Libyan Coast Guard by the
EU and its member states.
(If adopted, amendments 2, 8, 9, 10 falls)
Tabled by Mr Alvise MANIERO, Mr Maurizio BUCCARELLA, Ms Maria RIZZOTTI, Ms Deborah BERGAMINI, Mr Piero FASSINO, Mr Emanuel MALLIA, Mr Stefan ZRINZO AZZOPARDI, Mr Carmelo MIFSUD BONNICI, Ms Sabrina DE CARLO, Mr Gianni MARILOTTI, Ms Vanessa D'AMBROSIO, Mr Roger ZAVOLI, Mr Marco GATTI, Mr Fabio DI MICCO, Ms Augusta MONTARULI, Mr Manuel VESCOVI, Mr Alberto RIBOLLA
In the draft resolution, delete paragraph 4.14.
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, delete paragraph 4.14.
*This amendment is identical to amendment 7.*
(If adopted, amendments 8, 9, 10 falls)
(Falls if amendment 7 is adopted)
Tabled by Ms Petra BAYR, Ms Lise CHRISTOFFERSEN, Ms Selin SAYEK BÖKE, Mr Vernon COAKER, Mr Martin WHITFIELD, Ms Thórhildur Sunna ÆVARSDÓTTIR, Ms Rósa Björk BRYNJÓLFSDÓTTIR
In the draft resolution, replace paragraph 4.14 with the following paragraph:
"reconsider training, financing and equipping as well as the logistical support for the Libyan Coast Guard by the EU and its member States. A pre-condition for co-operation should be the full implementation of human rights standards set forth by the Council of Europe and other European and international institutions, and full respect for the Geneva Refugee Convention and related UN treaties."
(Falls if amendments 7, 2 are adopted)
Tabled by Mr Alvise MANIERO, Mr Maurizio BUCCARELLA, Ms Maria RIZZOTTI, Ms Deborah BERGAMINI, Mr Piero FASSINO, Mr Emanuel MALLIA, Mr Stefan ZRINZO AZZOPARDI, Mr Carmelo MIFSUD BONNICI, Ms Sabrina DE CARLO, Mr Gianni MARILOTTI, Ms Vanessa D'AMBROSIO, Mr Roger ZAVOLI, Mr Marco GATTI, Mr Fabio DI MICCO, Ms Augusta MONTARULI, Mr Manuel VESCOVI, Mr Alberto RIBOLLA
In the draft resolution, paragraph 4.14, replace the word "terminate" with the following word: "continue".
(Falls if amendments 7, 2 are adopted)
Tabled by Mr Alvise MANIERO, Mr Maurizio BUCCARELLA, Ms Maria RIZZOTTI, Ms Deborah BERGAMINI, Mr Piero FASSINO, Mr Emanuel MALLIA, Mr Stefan ZRINZO AZZOPARDI, Mr Carmelo MIFSUD BONNICI, Ms Sabrina DE CARLO, Mr Gianni MARILOTTI, Ms Vanessa D'AMBROSIO, Mr Roger ZAVOLI, Mr Marco GATTI, Mr Fabio DI MICCO, Ms Augusta MONTARULI, Mr Manuel VESCOVI, Mr Alberto RIBOLLA
In the draft resolution, paragraph 4.14, in the English version, delete the word "so-called".
(Falls if amendments 7, 2 are adopted)
Tabled by Ms Sabrina DE CARLO, Mr Gianni MARILOTTI, Ms Vanessa D'AMBROSIO, Mr Roger ZAVOLI, Mr Marco GATTI, Mr Fabio DI MICCO, Ms Augusta MONTARULI, Mr Alvise MANIERO, Mr Maurizio BUCCARELLA, Mr Emanuel MALLIA, Ms Maria RIZZOTTI, Ms Deborah BERGAMINI
In the draft resolution, at the end of paragraph 4.14, insert the following words:
"while ensuring that migrants rescued by the Libyan Coast Guard are entrusted to centres overseen by the UNHCR".
Tabled by Ms Zeynep YILDIZ, Mr Ziya ALTUNYALDIZ, Mr Ali ŞAHİN, Ms Serap YAŞAR, Mr Zafer SIRAKAYA
In the draft resolution, after paragraph 4.14, insert the following paragraph:
"increase their contributions to responsibility-sharing mechanisms for addressing the migration crisis."
5The Assembly also urges the European Union to accelerate its
work on revising the Dublin Regulation, on agreement and standards
for safe third countries, without undue concentration on the externalisation
of asylum processing. It recommends that future European Union presidencies
give greater priority to putting an end to unnecessary deaths in
the Mediterranean Sea and build on current positive debate among
member States willing to share the responsibilities for reception
and integration of refugees and asylum-seekers, so as to ensure
equal sharing of responsibilities among member states.
Tabled by Mr Norbert KLEINWÄCHTER, Mr Jiři KOBZA, Mr Martin HEBNER, Mr Koloman BRENNER, Mr Bob De BRABANDERE, Mr Tom van GRIEKEN
In the draft resolution, paragraph 5, replace the words "asylum-seekers" with the word "migrants".
