New EU recommendation on return procedures a “slippery slope” to solve European migration challenges – UN experts
GENEVA (9 March 2017) – EU countries must explore alternatives to increased detention and swift returns to uphold the
human rights of migrants, UN experts* urge, as the EU prepares to adopt a new recommendation on return procedures.
“The European Commission’s recommendation provides guidance to Member States on how to step up return rates which waters
down safeguards and rights that should be guaranteed to all migrants. The return policy also encourages EU countries to
increase the use and length of detention of migrants, including of children.
If accepted by Member States, such measures expose vulnerable people to further harm and risks of ill-treatment in
detention. Detention of irregular migrants should be a last resort, only permissible for the shortest period of time and
if no other less coercive measure can be applied.
Placing children in detention on the basis of their or of their parents’ immigration status is never in the best
interests of the child and constitutes a violation of the rights of the child. Locking up children and their families
has a profound and negative impact on children’s health and well-being. Undertaking “swift returns” of children with
reduced procedural safeguards will put children’s lives at risk. EU Member States must ensure the best interests of the
child as a primary consideration during all stages of the migratory process.
There is no empirical evidence that detention deters irregular migration or discourages persons from seeking asylum.
Despite increasingly tough detention policies being introduced over the past 20 years around the world, the number of
irregular arrivals has not decreased. This may be due to the fact that migrants possibly see detention as an inevitable
part of their journey.
The EU recommendation on return procedures is a “slippery slope” to solve European migration challenges. Alternatives to
detention, such as registration and reporting requirements, should be developed and implemented.”
ENDS
(*) The experts: Chair of The Subcommittee on the Prevention of Torture, Malcolm Evans; Special Rapporteur on the human
rights of migrants, François Crépeau; Chair of the Committee on the Protection of the Rights of All Migrant Workers and
Members of Their Families, Jose S. Brillantes; Chair of the Committee on the Rights of the Child, Benyam Dawit Mezmur;
Chair of the Working Group on Arbitrary Detention, Sètondji Roland Adjovi.
The Subcommittee on the Prevention of Torture: http://www.ohchr.org/EN/HRBodies/OPCAT/Pages/OPCATIndex.aspx
The Special Rapporteur on the human rights of migrants: http://www.ohchr.org/EN/Issues/Migration/SRMigrants/Pages/SRMigrantsIndex.aspx
The Committee on Migrant Workers: http://www.ohchr.org/EN/HRBodies/CMW/Pages/CMWIndex.aspx
The Committee on the Rights of the Child: http://www.ohchr.org/EN/HRBodies/CRC/Pages/CRCIndex.aspx
The Working group on Arbitrary Detention: http://www.ohchr.org/EN/Issues/Detention/Pages/WGADIndex.aspx