A/HRC/38/45
16.
During her thematic visits and through the submissions received, the Special
Rapporteur noted a general lack of dedicated procedures to identify and protect trafficking
victims and potential victims at disembarkation points and in hotspots. She was particularly
concerned about the fact that existing procedures were not primarily aimed at detecting
vulnerabilities, including trafficking, but rather at detecting so-called “economic migrants”,
who were by consequence excluded from the international protection framework or any
other protection scheme. The Special Rapporteur also noted a lack of awareness and
understanding of logistical constraints, such as a lack of appropriate venues to carry out
confidential interviews.
17.
Furthermore, European efforts to reduce migration movements in the Central
Mediterranean, and in particular the implementation of European Commission action plan
on measures to support Italy, reduce pressure along the Central Mediterranean route and
increase solidarity, 8 together with the signature of memorandums of understanding with
countries of origin and transit, have had negative consequences on the protection of the
rights of migrants and victims of trafficking in persons. The above action plan, which is
primarily based on the strengthening of the Libyan coastguard, has proven to be
problematic from a human rights perspective. Recent incidents during search and rescue
operations involving, inter alia, the Libyan coastguard, have included threats to shoot at
NGO vessels if they did not hand over rescued persons, adding to the proof of its inability
to carry out such functions in line with international human rights standards. No migrant
should, after rescue operations, be forcibly returned to Libya, where gross violations of
human rights, including torture, sexual violence, trafficking and slavery, are systematically
perpetrated in detention centres and “connection houses”.9 Finally, the Special Rapporteur
is alarmed at the increasing tendency to place migration within the law enforcement
paradigm, and to present migration-related measures as part of the fight against organized
crime, including human trafficking, with little attention to human rights concerns. This is
clearly reflected in the role played by FRONTEX through its “Operation Themis”, which
has been given an enhanced law enforcement focus and three times the available resources
and personnel, although no new staff and resources are dedicated to the protection of
fundamental rights and the promotion of a victim-centred approach to human trafficking.
2.
Identification in hotspot areas
18.
A flagship response to identification challenges at disembarkation or first arrival
areas has been the implementation of a hotspot approach, especially in Europe’s southern
countries, such as Greece and Italy. This approach, recommended by the European
Commission and endorsed by the European Council since May 2015,10 provides locations
where undocumented migrants can quickly be identified. However, documented practices
have included forced fingerprinting in de facto detention centres — in violation of
fundamental rights guarantees — and the subsequent separation of migrants for the
purposes of processing asylum applications or to return them to their countries of origin. 11
The repressive nature of such identification, coupled with a screening process performed in
8
9
10
11
6
Available at http://europa.eu/rapid/press-release_IP-17-1882_en.htm. See also the joint
communication of the European Commission to the European Parliament, entitled “Migration on the
Central Mediterranean route: Managing flows, saving lives”, available at
http://www.refworld.org/docid/588ef8764.html.
United Nations Support Mission in Libya, “Detained and Dehumanised: Report on Human Rights
Abuses against Migrants in Libya” (2016), pp. 14–23, available at
www.ohchr.org/Documents/Countries/LY/DetainedAndDehumanised_en.pdf.; and C. Healy and R.
Forin, “What are the protection concerns for migrants and refugees in Libya?”, International Centre
for Migration Policy Development policy brief (2017).
European Commission, “Communication from the Commission to the European Parliament, the
Council, the European Economic and Social Committee and the Committee of the regions: A
European Agenda on Migration” (2015), p. 6. Available at https://ec.europa.eu/antitrafficking/sites/antitrafficking/files/communication_on_the_european_agenda_on_migration_en.pdf.
Amnesty International, Hotspot Italy: How EU’s flagship approach leads to violations of refugees
and migrant rights (2016), p. 5.
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