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  1. FYEG GA 2017
  2. Resolution

Stop fighting the smugglers, create safe passage instead!

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Consultation: FYEG General Assembly 2017
Agenda item:3. Resolutions
Proposer:Paz Serra Portilla (Migration WG)
Status:Submitted
Submitted: 04/27/2017, 23:23

Text

  • C8-001-2

The fight against refugee and migrant 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.

Amendment C8-001-2

, Submitted by: Igor Skórzybót (Ostra Zieleń)

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.

    We consider the policy prerogative of fighting smugglers misconceived in several
    ways:

    • C8-007
    • C8-009

    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
    is to provide for alternative, legal ways to Europe.

    Amendment C8-007

    , Submitted by: Les Jeunes Écologistes (France (decided on: 05/24/2017)
    Affects 2 paragraphs

    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.

    Amendment C8-009

    , Submitted by: Jong Groen (decided on: 05/25/2017)
    Affects 7 paragraphs

    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.

    • C8-007
    • C8-009

    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.

    Amendment C8-007

    , Submitted by: Les Jeunes Écologistes (France (decided on: 05/24/2017)
    Affects 2 paragraphs

    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.

    Amendment C8-009

    , Submitted by: Jong Groen (decided on: 05/25/2017)
    Affects 7 paragraphs

    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.

    • C8-009

    NGOs providing vital assistance at High Seas as well as individual activists
    facilitating refugees' 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
    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.

    Amendment C8-009

    , Submitted by: Jong Groen (decided on: 05/25/2017)
    Affects 7 paragraphs

    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.

      Considering the above, we demand the EU:

      • C8-040
      • C8-009
      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.

      Amendment C8-040

      , Submitted by: Les Jeunes Écologistes (France (decided on: 05/24/2017)
      Affects 2 paragraphs
      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.

      Amendment C8-009

      , Submitted by: Jong Groen (decided on: 05/25/2017)
      Affects 7 paragraphs
      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.
      • C8-050
      • C8-040
      • C8-050-2
      • C8-009
      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.

      Amendment C8-050

      , Submitted by: Grüne Jugend (decided on: 05/22/2017)
      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. 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.

      Amendment C8-040

      , Submitted by: Les Jeunes Écologistes (France (decided on: 05/24/2017)
      Affects 2 paragraphs
      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.

      Amendment C8-050-2

      , Submitted by: DWARS Groenlinkse Jongeren (decided on: 05/25/2017)
      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 create the possibility to apply for visa in the country of residence.

      Amendment C8-009

      , Submitted by: Jong Groen (decided on: 05/25/2017)
      Affects 7 paragraphs
      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 lessand migrantsless dependent on the illicit means of transport which expose them to risks inherent in such journey.
        1. To launch proper investigation into reported cases of border violence and
          border deaths from the hands of state authorities as well as the Frontex.
          1. To stop accusing humanitarian actors of having ties and cooperating with
            criminal smuggling networks. They provide crucial help which the EU has
            failed to provide and should be respected as such.
            1. To amend the EU Facilitation Directive in order to create a clear
              distinction between smuggling and humanitarian smuggling. EU member states
              shall be prohibited from criminalizing the facilitation of irregular
              border transfer which does not involve an element of financial or material
              gain.
            • C8-064
            • C8-064-2
            • C8-009
            1. 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.

            Amendment C8-064

            , Submitted by: Grüne Jugend (decided on: 05/22/2017)
            1. 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.
            1. 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.

            Amendment C8-064-2

            , Submitted by: Grüne Jugend (decided on: 05/22/2017)
            1. 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.
            1. 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.

            Amendment C8-009

            , Submitted by: Jong Groen (decided on: 05/25/2017)
            Affects 7 paragraphs
            1. 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.
            • C8-009
            1. Last but not least, we call on the civil society to stand in solidarity
              with the refugees, 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!

            Amendment C8-009

            , Submitted by: Jong Groen (decided on: 05/25/2017)
            Affects 7 paragraphs
            1. 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!

            Reason

              The Idea of the Europe Fortress has paved the way for human traficking and smugling in our borders. We think that aproaching migration as a human right calls for open borders, that can be crossed safely and freely, ending once and for all the suffering of thousands of people.

              Supporters

              • Zuzana Pavelková
              • Cécile Germain (Migration WG)
              • Lara Siever (Migration WG)

              Amendments

              • C8-050 (Grüne Jugend (decided on: 05/22/2017), Submitted)
              • C8-064 (Grüne Jugend (decided on: 05/22/2017), Submitted)
              • C8-064-2 (Grüne Jugend (decided on: 05/22/2017), Submitted)
              • C8-040 (Les Jeunes Écologistes (France (decided on: 05/24/2017), Submitted)
              • C8-007 (Les Jeunes Écologistes (France (decided on: 05/24/2017), Submitted)
              • C8-001 (Les Jeunes Écologistes (France (decided on: 05/25/2017), Submitted)
              • C8-050-2 (DWARS Groenlinkse Jongeren (decided on: 05/25/2017), Submitted)
              • C8-001-2 (Igor Skórzybót (Ostra Zieleń), Submitted)
              • C8-009 (Jong Groen (decided on: 05/25/2017), Submitted)
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