A/HRC/29/36 63. The establishment of a human rights-based framework based on the core principles and provisions of international and regional law requires immediate action to stop widespread suffering at the borders of the European Union. 64. A vital first step is for the European Union to scale up search and rescue operations at sea to at least the level of Operation Mare Nostrum. While some efforts have been made, it is vital that the European Union expand the resources committed to providing assistance to those in distress at sea. The Special Rapporteur urges the European Union to strengthen its search and rescue capacity, while also doing the following: respecting the principle of non-refoulement; allowing irregular migrants to disembark immediately at the nearest port; providing information, care and support to migrants; processing asylum claims equitably; and supporting commercial vessels in exceptional circumstances to carry out rescue operations without risk of retaliation or harassment for being considered accessories to smuggling operations. The priorities should be clear: fighting smuggling operations is less important than saving lives. The argument according to which one should not increase search and rescue capacity in order to avoid encouraging smuggling operations is morally, politically and legally unacceptable when human lives are at stake. 65. The development of a human rights-based framework goes beyond protection at sea. Stepping up the creation of alternatives to detention, particularly for children, is another issue of concern that should also be a priority. 66. In the long term, the European Union needs to take stock of the durable failure of the Dublin logic and develop options for solidarity among its member States and greater freedom of movement for migrants in Europe. Reversing the present logic, asylum seekers should be able to register their asylum claim in the country of their choice and the European Union should build upon current initiatives and support the countries receiving asylum claims with proportionate and adequate financial and technical support. Standardizing reception conditions and refugee status determination procedures throughout the European Union should be a top priority, in order to avoid “asylum dumping” and stress on the countries that offer better conditions. 67. Developing a human rights-based framework will require continued commitment and the development of many more regular migration channels, including resettlement opportunities for refugees. The most effective way to do this is to begin a process of opening up regular migration channels to the European Union, exploring a range of options. 68. Firstly, many people presently crossing the Mediterranean Sea are, thanks to smugglers, manifestly in need of international protection, such as most Syrians and Eritreans. One cannot expect Syrians to live in camps or cities in Jordan, Lebanon or Turkey indefinitely, with no prospects for a better life. If no other option is available, refugees will take their chances with smugglers in order to provide a future for themselves and their children, as many Europeans have done in similar circumstances in the past. Through resettlement programmes for refugees and other humanitarian visas and opportunities, it is well within the European Union’s means to develop the mechanisms necessary for providing refuge, over a number of years, for 1 million of refugees displaced by the Syrian and other major conflicts. Together with partner States in the global North and elsewhere, creating a reliable long-term programme will ensure that a large number of refugees will line up for resettlement rather than spend tens of thousands of euros and risk their lives and that of their children in smuggling operations. This would considerably reduce the market for smugglers and the cost of refugee status determination procedures in Europe. 69. Secondly, smugglers and exploitative employers are presently implementing the labour mobility that many European labour markets need in order to thrive. Through creative visa opportunities for work at all skills levels, including for low-wage migrants, the 13

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