Launch of a public consultation on criminalising solidarity
Social Platform has launched a public consultation to find examples of punishment of organisations or individuals who provide humanitarian assistance to undocumented migrants.
In 2002 the EU adopted a Directive to identify what is meant by facilitation of the entry, transit and residence of undocumented migrants in the EU. The Facilitation Directive (2002/90/EC) states that anyone who intentionally assists an undocumented migrant to enter or transit across the EU is breaking the law, as well as those who profit financially by helping undocumented migrants to reside in the EU. In many cases, this means organised smuggling rings, employers or landlords who seek to exploit undocumented migrants’ vulnerable position.
However, the Facilitation Directive does not rule out imposing similar sanctions on individuals or organisations that offer humanitarian assistance to undocumented migrants. This could include the provision of emergency shelter, food and medical attention, even if these services are delivered to the undocumented migrant free of charge.
In addition, more and more responsibility is being placed on service providers to report undocumented migrants, putting them in difficult situations that could lead to the suppression of moral conscience, financial penalties and arrest. Service providers should not have to bear the burden of acting as immigration officers.
Social Platform is calling for the following things:
- The Facilitation Directive should be changed to say that those who provide services of humanitarian assistance to undocumented migrants without a profit-making motive shall not be criminalised or punished.
- Service providers should not have to report undocumented migrants they encounter when providing humanitarian assistance. In cases of abuse and exploitation of undocumented migrants, systems for reporting should be developed that protect both the service provider and the undocumented migrant.
To address this problem, Social Platform is carrying out a public consultation in order to gather information anonymously, to feed into the European Commission’s own evaluation of the Facilitation Directive to assess whether it should be revised.
Are you a service provider or individual who has experienced any form of sanction due to the delivery of humanitarian assistance to an undocumented migrant? Have you had to conceal your activities to avoid sanctions in order to be able to provide your service to an undocumented migrant? Are you an undocumented migrant who has either received humanitarian assistance or has been refused due to the risk faced by the service provider or individual?
If so, we want to hear from you! Please fill in this online form or download this word document and send it to Annica Ryngbeck, Policy & Advocacy Adviser at Social Platform. Any personal details submitted will remain confidential and will not be passed on to any third parties without your consent.
