In a joint letter, the International Commission of Jurists (ICJ), alongside lawyers’ associations and civil society groups, urged Members of the European Parliament to include a mandatory and broad humanitarian exemption in the proposed revision of the EU Facilitation Directive.
They stressed that having a mandatory and broad in scope humanitarian clause is the only way to bring clarity and legal certainty to the future directive, and ensure that legal, humanitarian or family assistance to migrants is not criminalised or discouraged in Member States.
Lawyers, volunteers, family members of migrants, professional care providers and civil society organisations should be able to provide legal assistance and advice, medical assistance, food, clothing, and shelter. They cannot be prosecuted or punished for their professional or humanitarian activities, or discouraged from providing help, and certainly not under an anti-smuggling framework.
The crucial role of civil society – including lawyers and NGOs – must be safeguarded across all areas of EU law, including anti-smuggling legislation. The potentially chilling effect of an anti-smuggling directive without a binding solidarity clause would weaken civil society and, thus, the rule of law.
Therefore, we call on EU legislators – especially MEPs working on this file now – to recognise the role of civil society in ensuring dignity, safeguarding fundamental rights of migrants and assisting Member States where their capacities are insufficient. They can give a clear sign by adopting a position that protects legal professionals, civil society, migrants themselves and their family members from any criminalisation or intimidation.
Download
The joint statement and the full list of signatories can be download here.
