Together with 112 European Civil Society organizations, HRLP signed a joint statement condemning the EU's Facilitation Directive for its failure to protect migrants and calling for the rejection of the Europol Regulation.
When the European Commission published the Facilitator’s Package in 2023, its stated goal was to protect migrants from being exploited by “professional smugglers” and undertaking dangerous journeys to Europe.
In reality, the Package’s proposed Facilitation Directive criminalises migrants and human rights defenders instead of targeting organised crime networks, and the Europol Regulation unlawfully expands the agency’s powers and resources by capitalising on right-wing politicisation of migration.
It ignores the EU’s role in restricting regular routes for migrants, refugees and asylum seekers, and contributing to environmental, political and economic instability in their home countries – forcing them to seek life-threatening alternatives.
The EU must:
Amend the facilitation directive to protect migrants by including:
A clear legal definition of smuggling as a for-profit activity aligned with existing international standards.
An explicit and legally binding humanitarian exemption that protects migrants, refugees, asylum seekers, their families, and human rights defenders from being charged with smuggling.
Reject the Europol regulation in its entirety
Unlawful – the proposal expands the agency’s powers beyond its ‘cooperation’ mandate and above Member State competencies
Unsafe – the proposed increase in Europol’s mass data collection mandate risks widespread violations of privacy and fundamental rights, as denounced by the European Data Protection Supervisor. It also pushes data sharing with known human rights violators Frontex and third countries
Unsubstantiated – the proposal was presented without a proper impact assessment, going against the EU’s own Better Regulation Guidelines. The European Parliament’s substitute impact assessment calls into question the effectiveness and lawfulness of the proposal.
The Package is simply a continuation of the erosion of the right to seek asylum and the criminalisation of human movement laid down by the 2024 Migration and Asylum Pact. It feeds into right-wing fear mongering around migration and promotes a criminal law response to a social phenomenon.
The EU continues to pour millions into violent criminal law approaches to migration that do not work. Public resources must instead be reallocated towards a system that meets the care and protection needs of all people, rather than targeting the most vulnerable.
QUOTES
“EU border policies create the criminal conditions under which people resort to networks in order to move. Lawmakers of the Facilitators Package face a political choice. They can direct the powers of the criminal law, policy, funding and personnel toward the purpose of punishing people in need, or focus on protecting people on the move and those in solidarity with them. The choice is simple.”
– Sarah Chander, Director, Equinox Initiative for Racial Justice
“The fight against so-called ‘migrant smuggling’ is an insidious pretext to unlawfully expand Europol’s powers. Turning Europol’s NSA-style surveillance capabilities against migrants and human right defenders will only lead to more pushbacks, violence and deaths at the EU borders. So not only it is hypocritical, but also extremely harmful. The only solution is the rejection of this Europol reform proposal.”
– Chloé Berthélémy, EDRi
“The rage of European member states to punish people for seeking safety is out of control. Thousands are arrested and thrown in jail each year, often in trials that fail to uphold legal standards, simply for trying to exercise their right to asylum. But more repression won’t put an end to the dying at sea. The only way to avoid irregular entrance, is regular entrance and freedom of movement for all.”
– Dorothee Krämer, Advocacy Officer for Sea-Watch
ADDITIONAL RESOURCES:
Analysis and recommendations from:
#ProtectNotSurveil coalition
Initiated by:
Equinox Initiative for Racial Justice and #ProtectNotSurveil Coalition (Access Now, Algorithm Watch, Border Violence Monitoring Network (BVMN), EDRi, European Network Against Racism (ENAR), Equinox Initiative for Racial Justice, EuroMed Rights, European Center for Not-for-Profit Law (ECNL), Homo Digitalis, Platform for International Cooperation on Undocumented Migrants (PICUM), Privacy International, Statewatch)
Signed by:
Ação Pela Identidade – API
Access Now
Action Aid
Africa Advocacy Foundation
All African Women’s Group
ALMA Community Therapies
Almena Cooperativa Feminista
Àltera APS
Alternatif Bilisim
APDHA-Asociación Pro Derechos Humanos de Andalucía
Apna Haq
Ariadni AMKE
Asociación Por Ti Mujer
BePax
Biznegra
Boat Refugee Foundation
Border Violence Monitoring Network
CADO-Advocacy and Human Rights Center
Changemakers Lab
Comitato 3 Ottobre – Accoglienza ETS
Community Rights in Greece
CompassCollective
Coordinadora Obrim Fronteres
CPT – Aegean Migrant Solidarity
Creación Positiva
de:criminalize
Digitale Gesellschaft (Germany)
DIOTIMA (Greece)
Equal Legal Aid
Equinox Initiative for Racial Justice
European Anti-Poverty Network (EAPN)
European Civic Forum
European Network Against Racism (ENAR)
European Sex Workers’ Rights Alliance (ESWA)
Fédération des tunisiens citoyens des deux rives (FTCR)
Filipino Women’s Council
Flüchtlingshilfe Iran e.V
forRefugees
German NGO Network against Trafficking in Human Beings – KOK
Global Asylum Seeker Human Rights Defenders Committee (GASHDC)
Global Women Against Deportations
Greek Council for Refugees (GCR)
Greek Forum of Migrants
Hermes Center
Hoatzin
Hoffnung leben e.V.
Homo Digitalis
Human Rights Legal Project
Humanity Diaspo ONG
ILEX- Acción Juridica
Intereuropean Human Aid Association
International Coalition for People of African Descent ICPAD
International Service for Human Rights
International Women* Space
INTERSOS HELLAS
Islamic Human Rights Commission
Kif Kif vzw
Lafede.cat – Organitzacions per la Justícia Global
Legal Centre Lesvos
Love Without Borders
Migrant Tales
Migration Consortium
Mobile Info Team
Movement of Asylum Seekers in Ireland (MASI)
New Bulgarian University
New Women Connectors
No Name Kitchen
Northern Ireland Council for Racial Equality
Northern Lights Aid
Northern Police Monitoring Project
Ona bros
Platform for International Cooperation on Undocumented Migrants (PICUM)
Podlaskie Ochotnicze Pogotowie Humanitarne
Politiscope
Privacy International
QueeriséEs
Racism and Technology Center
Refugee Legal Support (RLS)
Refugees in Libya
Revibra
Romnja Feminist Library
Samos Volunteers
Saplinq, o.z.
SARAH gUG
Sea-Eye e.V.
Sea-Watch e.V.
Seebrücke
SOLIDAR
Solidary Wheels
SOS Humanity e.V.
Spazio di Mutuo Soccorso
SPECTRUM
Statewatch
SUPERRR Lab
The Channel Monitoring Project
The Electronic Privacy Information Center (EPIC)
The Institute for Technology in the Public Interest (TITiPI)
Transgender Europe (TGEU)
Transnational Institute
Tunisian Forum for Social and Economic Rights FTDES
Über den Tellerrand e.V.
UHURU VALENCIA
UNESCO Inclusive Policy Lab- People of African Descent & SDGs E-Team
United African Women Organization
Up
Utopia 56
Vasilika Moon – La Luna di Vasilika NPO
WeMove Europe
WIDE+ (Women In Development Europe+)
Women of Colour in the Global Women’s Strike
Women World March Belgium
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