On 8 April, the European Parliament Committee on Civil Liberties will debate the draft report by Birgit Sippel (S&D, German) on the proposal for a directive on preventing and combating the facilitation of unauthorised entry, transit and residence in the EU (see EUROPE 13545/3).
In particular, the rapporteur proposes to exclude humanitarian assistance from criminal offences in order to “protect the crucial life-saving work of civil society organisations and to focus the proposal on the investigation and prosecution of ‘high-level’ targets of organised crime” and criminal networks of smugglers.
“I welcome the Commission’s general objective of modernising the legal framework on migrant smuggling, but among other shortcomings, the Commission’s proposal does not address the increasingly common national practices of criminalising humanitarian assistance”, she explains.
Published on 26 March, the draft also lowers the maximum prison sentences for the various offences; the Council of the EU had also adjusted the various penalties, raising to at least 10 years’ imprisonment, for example, an offence that has seriously endangered the life of a migrant, or even caused his or her death, compared to 15 years in the initial text.
With her amendments, the rapporteur has sought to improve clarity and legal certainty. While only the European Parliament’s research department has produced an impact study (see EUROPE 13593/7), she regrets “the persistent absence of an exemption for humanitarian aid”. She therefore introduces a definition of humanitarian assistance and specifies that its provision must not constitute a criminal offence.
Humanitarian assistance “means short-term or long-term actions taken to save lives, alleviate suffering and maintain human dignity during and after man-made crises and disasters, including actions to reduce vulnerabilities and promote and protect human rights, governed by the humanitarian principles of: humanity, impartiality, neutrality and independence”.
She also proposes a new paragraph in the body of the directive stipulating that the “provision of humanitarian assistance shall not constitute a criminal offence”.
Another recital (7a) states that “where an individual or organisation offers assistance to migrants through actions which are selfless and from which no financial or other material benefit is derived, or which are based on the principles of humanity, neutrality, impartiality and independence, then those actions should not be criminalised. Such actions may include the carrying out of search and rescue operations in accordance with international law, assistance to family members, assistance to third-country nationals in situations of danger or distress, the provision of legal assistance, medical assistance, healthcare, housing, shelter, clothing, food and water to third-country nationals or supporting third-country nationals in asserting their rights”.
The MEP considers it necessary to provide details of “conduct that is not criminal”.
In its mandate approved in November, the EU Council chose to deal with humanitarian assistance in a recital that is open to different interpretations.
Link to the draft report: https://aeur.eu/f/g68 (Original version in French by Solenn Paulic)