Human rights organisations are calling on the German government to take a stand against the criminalisation of refugees and solidarity in Europe. They are also calling for safe and legal escape routes.
15 human rights organisations based in Germany, including Amnesty International, Doctors Without Borders, Borderline Europe and Pro Asyl, are calling on the German government to end the criminalisation of flight and solidarity in Europe. In an open letter, they demand that the coalition government advocate for an EU directive that protects refugees and humanitarian aid workers. At the same time, the organisations are calling for safe and legal escape routes.
In countries such as Greece and Italy, people seeking protection are increasingly being targeted by state persecution, for example for driving refugee boats or vehicles. Their human rights supporters are also criminalised, which, according to the open letter, damages the reputation of aid organisations even in the event of an acquittal and places an enormous burden on aid workers.
The signatories highlight the EU directive on facilitating illegal entry, which has been in place since 2002, as a key problem. It is often used by member states to prosecute refugees or those providing support. The EU Commission has submitted a proposal for amendment in 2023. However, this draft for “laying down minimum rules to prevent and counter the facilitation of unauthorised
entry, transit and stay in the Union” must be improved, according to the open letter.
In it, the 15 organisations also call for a clear definition of the criminal offence of aiding and abetting illegal entry, which should only apply if the motive is financial gain. Even according to the UN Smuggling Protocol, such an offence is only punishable in these cases.
There should also be a comprehensive exemption for humanitarian aid, is another demand. An ordinary service, such as a taxi ride across the border or accommodation in a hotel near the border, should not be considered a criminal offence. People and organisations that document human rights violations by border authorities should be protected in all EU states, it was said.
Finally, the planned directive should remove the criminal offence of “public incitement to unauthorised entry”. This often leads to criminalisation, particularly due to postings on the internet. In addition, a human rights impact assessment is required for the EU law amendment, which has so far been lacking.
“Irregular border crossings remain without alternative for many people and should not be criminalised,” write the signatories. The treatment of refugees from Ukraine shows that this is possible.
Published in German in „nd“.
Image: Also refugees who sit next to the outboard motor during a crossing of the Mediterranean are persecuted as “smugglers” (Johannes Stein/ Sea-Watch).
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