Council of Europe Committee on Crime Problems
Committee of Experts on Smuggling of Migrants (PC-TM)
Closing remarks by Gianluca Esposito, Director of Human Rights and Rule of Law of the Council of Europe
Greet participants of the first meeting of the Committee of Experts on combating the Smuggling of Migrants (PC-TM), a new and critical subcommittee operating under the Council of Europe’s Committee on Criminal Problems, the CDPC.
Migration in general and Smuggling of Migrants (SoM) remain priorities of the Council of Europe and its member States.
The work of the Committee on Experts is part of the 4-point proposal by the CoE SG, which was welcomed by CoE Ministers o Justice last December. That proposal includes a political declaration on migration expected for adoption by the Foreign Ministers on 15 May in Chisinau, with likely references to the SoM.
Equally important is the confirmed support of the MS to draw up a new and comprehensive Recommendation on deterring and fighting of migrant smuggling, with full respect for human rights. This is now under way thanks to your work during these two days, and will of course continue.
The SoM is a rapidly evolving and global criminal phenomenon. It is ruthless in nature, exploiting vulnerability and desperation and abusing new technologies and geopolitical shifts. No country can address it alone. It requires a determined, coordinated and international response.
The crime is the SoM; being a migrant is not a crime. Our focus must remain on prosecuting smugglers - especially the leaders - and dismantling their criminal groups and criminal enterprises. And we must do so while protecting migrants’ rights, some of whom may be asylum-seekers.
Stress that addressing this challenge means strengthening the criminal justice response. States can do this through more effective investigations, prosecutions and dissuasive penalties, while ensuring a human rights-based approach, including avoiding the criminalisation of humanitarian assistance.
Thank the experts who worked on the CDPC feasibility report that concluded the need for, and feasibility of, a CoE Recommendation and the content of which must be taken into account during the drafting work of the PC-TM.
Thank also the representatives from the UN and the EU as their instruments - with the UN Palermo Protocol at the center - and contributions are critical for an actionable Recommendation, fully compliant with the ECHR system and international law, anchored in the prohibition of collective expulsions and the principle of non-refoulement.
Inputs from other stakeholders, including CoE observers and neighbouring regions are also critical.
Since the PC-TM will also support the implementation of the CoE Action Plan on Fostering International Cooperation and Investigative Strategies in Fighting SoM, encourage Committee members to liaise with their counterparts in the CoE Network of Prosecutors on SoM, and to consult the rich information on challenges and best practices that is available in the 30 country profiles on migration on the CDPC website.
Underline the value of the unique and global legal space forged by CoE Conventions relevant to address the criminal aspects of SoM in the fields of mutual legal assistance, extradition, cybercrime, AML and corruption.
Our legal instruments are living documents, always a response to the concrete issues faced by the MS, and continually adapted to close gaps. Moreover, they are open to third countries.
Recent examples are the 3rd Protocol to the MLA Convention and the forthcoming Additional Protocol to the Warsaw Convention aimed at strengthening the recovery of assets from criminal activities including the proceeds of migrant smuggling.
Encourage continued engagement and collaboration from all partners in taking this important work forward.
Best wishes for the important future work, and thank you again to all.
