Stop fighting the smugglers, create safe passage instead!

The fight against refugee and migrantmigrant, including refugee, smuggling has evolved into a central paradigm of EU asylum and migration policies in the past several years and has played a pivotal role in the public discourse ever since the adoption of the EU Agenda on Migration and the Action Plan on Migrant Smuggling in 2015.

First and foremost, the fight against smugglers neglects that as long as in the current European border regime safe and legal ways to Europe remain scant, refugees are dependent upon the smugglers to reach European shores. While some smugglers will without doubt attempt at exploiting refugees on their way to Europe, we understand smuggling as a more complex phenomenon. What makes the right of asylum meaningful and tangible for the refugees in practice, is in today's system the smuggler. Consequently, what smugglers provide is not much different than a service, which is illicit in the current regime but for which there is a clear need. The only way to lower the risk for the refugees involved First and foremost, the prosperity of smugglers' networks is the direct consequence of the current EU Migration Policy which aims at reducing the number of migrants and potential refugees to enter Europe by over-militarising borders. As long as safe and legal ways to Europe remain scant, migrants are dependent upon the smugglers to reach European shores. Most smugglers are not motivated by humanitarian reasons, and it is their complicity with mafia networks that allows them to flourish. These smugglers often attempt to exploit or otherwise harm migrants. In many European countries such as Hungary or France, refugees are also very likely to experience violence from border authorities and police. It is hypocritical to fight smugglers and leave state-sponsored violence untackled, covered with the veil of impunity while criminalising practical solidarity of Europeans intending to support refugees on their dangerous journey. The only way to lower the risk for the migrants involved and to fight smugglers' networks at the same time is to provide for alternative, legal ways to Europe.

First and foremost, the fight against smugglers neglects that as long as in the current European border regime safe and legal ways to Europe remain scant, refugees and migrants are dependent upon the smugglers to reach European shores. While some smugglers will without doubt attempt at exploiting refugees and migrants on their way to Europe, we understand smuggling as a more complex phenomenon. What makes the right of asylum meaningful and tangible for the refugees and migrants in practice, is in today's system the smuggler. Consequently, what smugglers provide is not much different than a service, which is illicit in the current regime but for which there is a clear need. The only way to lower the risk for the refugees and migrants involved is to provide for alternative, legal ways to Europe.

Media and some EU insitutions and organs keep depicting smugglers as greedy criminals and refugees and migrants as their passive, uninformed victims. Meanwhile, recent critical scholarship suggest the relationships between smugglers and refugees can be and are more complex, with social, family or ethnic ties playing an important role. Refugees are not always completely unaware of the risks involved in their journeys but - in the absence of other options for reaching Europe - willingly choose to take the risk. Likewise, it is not true that smugglers always attempt to exploit or otherwise harm refugees, who are as in any other business their clients. While it is important to protect refugees from being exploited en route, in places like Hungary, refugees are more likely to experience violence from border authorities than from the smugglers. It is hypocritical to fight smugglers and leave state-sponsored violence untackled, covered with the veil of impunity.

Media and some EU insitutions and organs keep depicting smugglers as greedy criminals and refugees and migrants as their passive, uninformed victims. Meanwhile, recent critical scholarship suggest the relationships between smugglers and refugees and migrants can be and are more complex, with social, family or ethnic ties playing an important role. Refugees and migrants are not always completely unaware of the risks involved in their journeys but - in the absence of other options for reaching Europe - willingly choose to take the risk. Likewise, it is not true that smugglers always attempt to exploit or otherwise harm refugees and migrants, who are as in any other business their clients. While it is important to protect refugees and migrants from being exploited en route, in places like Hungary, refugees and migrants are more likely to experience violence from border authorities than from the smugglers. It is hypocritical to fight smugglers and leave state-sponsored violence untackled, covered with the veil of impunity.

NGOs providing vital assistance at High Seas as well as individual activists facilitating refugees'refugeesand migrants transfer for humanitarian, non-profit purposes keep being attacked for having connections or even cooperating with criminal smuggling networks. From France to Sweden to Greece, individuals who have helped refugees and migrants cross the border for humanitarian purposes are being put on trial. We understand assistance in border crossing - which does not involve financial or material benefit for the smuggler - as an instance of "humanitarian smuggling", an act of civil disobedience and an example of practical solidarity in the face of European borders.

1. To stop pouring money into militarized fight against migrant smuggling which has proven not efficient and which is dangerous to the migrants themselves. In particular, we require militarized operations aiming at seizing and destroying smugglers' vessels, such as the EU NAVFOR MED operation Sophia, to be ceased. The financial means gained herewith are to be channeled towards increased search and rescue operations.
   1. To create legal, safe ways to Europe by easing access to humanitarian, student and work visas, by widening the criteria for family reunification and by making increased efforts at resettling refugees. Legal ways to Europe will make refugees less dependent on the illicit means of transport which expose them to risks inherent in such journey.

1. To stop pouring money into militarized fight against refugee and migrant smuggling which has proven not efficient and which is dangerous to the refugees and migrants themselves. In particular, we require militarized operations aiming at seizing and destroying smugglers' vessels, such as the EU NAVFOR MED operation Sophia, to be ceased. The financial means gained herewith are to be channeled towards increased search and rescue operations.

2. To create legal, safe ways to Europe by easing access to humanitarian, student and work visas, by widening the criteria for family reunification and by making increased efforts at resettling refugees. Legal ways to Europe will make refugees less dependent on the illicit means of transport which expose them to risks inherent in such journey. Also, we see application for asylum as a valid reason to receive visa, as it is right now impossible to apply in the countries of origin.

1. To create legal, safe ways to Europe by easing access to humanitarian, student and work visas, by widening the criteria for family reunification and by making increased efforts at resettling refugees. Legal ways to Europe will make refugees less dependent on the illicit means of transport which expose them to risks inherent in such journey.
   1. To stop pouring money into militarized fight against migrants. Militarisation of border has increased the danger faced by migrants and has contributed to push them into the arms of mafia-like smugglers. Operations of the EU must be focused on search and rescue operations.

2. To create legal, safe ways to Europe by easing access to humanitarian, student and work visas, by widening the criteria for family reunification and by making increased efforts at resettling refugees. Legal ways to Europe will make refugees less dependent on the illicit means of transport which expose them to risks inherent in such journey.

3. To create the possibility to apply for visa in the country of residence.

2. To create legal, safe ways to Europe by easing access to humanitarian, student and work visas, by widening the criteria for family reunification and by making increased efforts at resettling refugees. Legal ways to Europe will make refugees lessand migrantsless dependent on the illicit means of transport which expose them to risks inherent in such journey.

6. To stop making fight against migrant smuggling a precondition for development cooperation, to repeal the EU-Turkey deal and to stop any agreements aiming at curbing migration flows with countries in Northern Africa.

7. To establish asylum procedure centers in the countries of origin to ensure that persons with granted asylum status are able to travel safely to Europe, that persons in regions of crisis don't need to give up everything to apply for asylum and that the whole process goes on in a coordinated way.

6. To stop making fight against migrant smuggling a precondition for development cooperation, to repeal the EU-Turkey deal and to stop any agreements aiming at curbing migration flows with countries in Northern Africa.

7. To introduce a European migration law that makes legal migration for the reason of working possible. This includes establishing migration centers in the countries of origin where persons are informed about their possibilities and the conditions of working in Europe, are set into contact with potential employers and, if they are not qualified enough yet, get the needed education for free or on credit to fulfill the needed qualification.

6. To stop making fight against refugee and migrant smuggling a precondition for development cooperation, to repeal the EU-Turkey deal and to stop any agreements aiming at curbing migration flows with countries in Northern Africa.

7. Last but not least, we call on the civil society to stand in solidarity with the refugees and migrants, to support them in their struggles and to continue engaging in acts of legitimate civil disobedience vis a vis the Fortress Europe. Solidarity is not a crime!