A/HRC/29/36
available information to the RCC, place themselves at its disposal and follow its
instructions to assist with the rescue operation and disembark the rescued persons in a place
of safety. This procedure is detailed in the operational plans of each Frontex-coordinated
operation.11
Seasonal Workers Directive (2014/36/EU)
9.
This Directive, passed in February 2014, was the first directive on legal migration to
focus on low-skilled economic migration. Member States have until 30 September 2016 to
transpose the provisions of the Directive into their national laws, regulations and
administrative provisions. Its declared aim is to set out “fair and transparent rules of entry
and stay of seasonal workers who are not EU citizens”. It is destined for seasonal workers
who retain their principal place of residence in a country outside of the EU and stay
temporarily in the EU to carry out a “seasonal” activity such as agriculture and tourism. Its
seeks to establish “a common set of rights to which seasonal workers are entitled during
their stay in the EU in order to avoid their economic and social exploitation”. It therefore
stipulates that workers are entitled to equal treatment with nationals of the host member
state with regard to terms of employment. This includes working conditions, leave and
holidays, health and safety requirements at the workplace and social security.
10.
In contrast to these positive provisions in relation to the human rights of migrants,
the Seasonal Workers Directive also aims to provide for incentives and safeguards to
prevent temporary stays from becoming permanent. However those who are already in the
EU would be allowed to extend their contract or change their employer at least once. Reentry of those who return every year is to be facilitated in order to promote circular
migration. While the Directive provides a framework, again it leaves the Member States to
determine how many workers they admit and allows them the latitude to reject applications
if EU workers are available.12
New mobility partnerships and readmissions agreements under the GAMM
11.
The GAMM framework has four priorities: better organising legal migration and
fostering well managed mobility; preventing and combating irregular migration and
eradicating trafficking in human beings; maximising the development impact of migration
and mobility; and promoting international protection and enhancing the external dimension
of asylum.
12.
The GAMM is constituted by a complex and vast array of loosely associated policy
and legal mechanisms, as well as a number of different migration related projects within
origin, transit and destination countries, including those related to South-South migratory
flows. The GAMM includes 8 regional dialogues, which are designed to foster coordinated
action between the EU and other continents at the regional level. Also under the GAMM,
sit plurilateral and bilateral agreements between EU and EUMS and specific third countries.
In the period 2012-2013, the Commission supported more than 90 migration-related
projects with a collective budget of over € 200 million. 13
13.
Mobility Partnerships are a key tool and have been prominent in the EU’s recent
external dialogue about its migration and border management. They encompass a broad
range of issues ranging from development aid to temporary entry visa facilitation, circular
migration programmes and the fight against unauthorised migration, including cooperation
11
12
13
European Commission, 2015, “Reply by DG Migration and Home Affairs to the questions by the
Special Rapporteur on the human rights of migrants”.
OHCHR Regional Office for Europe, 2015, “Overview of EU Migration”.
European Commission, 2015, “GAMM Implementation Report”.
27