Debate: Criminalisation of humanitarian assistance, including search and rescue
Date: WEDNESDAY, 18 JANUARY 2023
Speaker: Ylva Johansson
Language: EN

Where we can’t prevent it’s imperative to save lives. Saving lives at sea is a moral imperative and a legal obligation. Coastguard, navy and merchant vessels, fishing boats, carry out this duty faithfully. Ships of NGOs also save many lives. We have to acknowledge the role of NGOs, not only at sea, but also on land in forests, mountains, deserts. We have always been clear: genuine humanitarian assistance should not be criminalised. What must be criminalised is facilitating illegal entry or exit across the border for money, for profit – that is smuggling, a criminal activity, pure and simple. Rescuers, volunteers, have concerns. They do not want to be punished for helping people. This is not a new concern. We addressed it when we launched the pact on migration and asylum over two years ago, where we issued guidance to create clarity for Member States about what is criminal and not, to help them implement a law, guidance on the Facilitators’ Package. In this guidance, we made it clear that humanitarian assistance mandated by law cannot and must not be criminalised. And we want Member States to follow up in their national law to make it crystal clear that humanitarian assistance is not to be criminalised. At that time, only eight Member States made explicit exceptions from punishment in case of humanitarian assistance in their national laws – to date, nine. I think we can do better. It is now time to take stock and further steps. We will report this year on the implementation of the Facilitators’ Package and on the implementation of the 2020 Commission guidance on humanitarian assistance. In preparation, we will organise targeted consultation with various stakeholders, including relevant NGOs. The goal is to build up better knowledge and gather evidence to assess the state of play, also regarding humanitarian assistance, and discuss ways forward. The pact brings a more European approach to search and rescue. It’s the Member States who carry out and coordinate search and rescue operations at sea. But we also have responsibility as a Union. We can make sure that the right rules and policies are in place. We can bring all the right people together to discuss challenges and solutions. That’s why, just over two years ago, we adopted a recommendation on search and rescue to improve information—sharing, coordination and cooperation between Member States and other relevant actors in search and rescue, including private vessels, and setting up the contact group on search and rescue to gather knowledge and promote cooperation. I am now relaunching the work of this group, and the next meeting will take place before the end of this month. I count on the full participation of all Member States and all other partners. This is a direct follow—up on the Commission’s action plan for the central Mediterranean that I presented to ministers last November, and that was also very much welcomed by the Member States. Effective search and rescue will remain essential. What is crucial in the first place is to prevent people from embarking on dangerous journeys. We are working intensively on reinforcing our migration partnerships with countries of origin, transit and destination to fight smugglers who will put lives at risk every day. And we are working to improve possibilities for regular legal migration so people can come safely to Europe for work and study. I truly welcome the recent agreement between the Parliament and the Council on the Resettlement and Humanitarian Framework Regulation, which creates a common approach for bringing refugees in need to Europe safely and legally. Until it enters into force, Member States will continue their current resettlement efforts, pledging 29 000 places this year, just over half for resettlement, and the others for humanitarian admissions. And we are constantly looking for new approaches. Just yesterday, we launched a funding call to expand complementary pathways linked to work and community sponsorship, because the local community is the best guarantee for successful integration. And every refugee who can find a job with a business in Europe is one who will not feel the need to embark on an unsafe, dangerous journey. Honourable Members of this Parliament, what we need most of all is an agreement on the pact, a truly European migration policy to put an end to unsafe journeys and open up legal pathways. I am confident we will continue to make progress and that with your help, we will succeed. Thank you very much.