In the vast majority of the cases (88%), human rights defenders were charged with facilitation of entry, transit or stay or migrant smuggling (depending on how the crime is defined in the national legislation).2 In 28% of these cases, in addition to the offense of smuggling, people were also accused of money laundering, espionage and membership of a criminal organisation.3 Other charges used to cr. [...] In November 2020, other freedom of information requests filed by Izuzquiza and Semsrott revealed the role of Frontex and the Greek government in the illegal pushback of migrants in Greece.30 In the context of the 2019 budget discharge, the European Parliament called on Frontex to withdraw its demand for the legal fees from transparency activists Luisa Izuzquiza and Arne Semsrott, underlying its po. [...] In 2020, the European Commission issued Guidance on the implementation of EU rules on definition and prevention of the facilitation of unauthorised entry, transit and residence.37 Some important shortcomings limit the impact of the guidance in preventing criminalisation of solidarity. [...] Secondly, national legal frameworks should be amended in line with the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) Guidelines on Freedom of Association41 and the Opinions of the expert council on NGO law of the Council of Europe42. [...] The interpretation of the crime of migrant smuggling should not prevent the realization of the fundamental rights of undocumented migrants, including access to housing, services and collective organising.
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- Published in
- Belgium
