INTER-AMERICAN COMMISSION: Concern over EU Return Directive

[WASHINGTON D.C., 25 July 2008] - The Inter-American Commission on Human Rights has passed a Resolution criticising the “Return Directive” adopted by the European Parliament which allows rejected asylum-seekers to be detained for up to 18 months before being deported. The Inter-American Commission views with concern the absence in the Directive of sufficient safeguards that guarantee respect for the rights of migrants.

A basic and well-recognised principle of international law establishes that countries may not return persons at risk of persecution to their home countries and that safeguards must be in place to protect the rights of individuals eligible to seek asylum. It also requires that individuals seeking asylum have access to a hearing, and that when a request for asylum is rejected, they have access to judicial review.

International standards establish that detention should be applied only as an exception.
Where it is applied, the detention should be as brief as possible and migrants may not be held in prison facilities. Holding asylum seekers in a prison environment for immigration violations is incompatible with basic human rights guarantees.

States are also required to provide special protections for migrants in especially vulnerable circumstances, and the best interests of children must be a primary concern.
International law provides that countries have both the right and the duty to establish mechanisms to control foreigners’ entry into and departure from their territory. At the same time, it provides that these actions must be taken with due respect for the rights of those affected, and that the observance of such fundamental principles as non-discrimination and humane treatment may not be subordinated to the implementation of public policies.

International standards, including those applied by regional human rights bodies, must be respected by all States. In this regard, the Inter-American Commission exhorts the Parliament and Council of the European Union, as well as the States that comprise that organisation, to modify the Return Directive to bring it into conformity with international human rights standards for the protection of migrants.

Further information

• Read the Resolution
• UN Experts concerned about proposed EU Return Directive (22 July 2008)
Criticism of Proposed Directive, Save the Children (2 July 2008)
Anger and dismay at new EU Immigration Policy (7 July 2008)
Mercosur condemns EU migrant law (2 July 2008)
Information page about the EU and child rights