A/HRC/29/36
Precarious routes into the European Union and human rights
26.
The use of precarious routes into the European Union, particularly through the
central Mediterranean Sea, has increased dramatically since 2013 and resulted in largescale violations of the right to life, as well as significant human rights abuses at all stages of
the migratory process. This form of migration is driven largely by conflict and poverty
(push factors), as well as by unmet needs within European labour markets (pull factor).
Many of these migrants are being forced to use precarious routes because of their desperate
situation and a lack of regular migration opportunities.
27.
Organized smuggling rings are profiting from this lack of regular migration
channels, staying ahead of border control initiatives and facilitating crossings through
precarious routes in exchange for large payments. Smugglers have displayed a remarkable
disregard for the dignity, life and rights of migrants and have systematically exploited those
desperate to reach safer soil.
28.
Commonly, boats carrying migrants to the European Union leave from: Egypt and
Libya when using central and eastern Mediterranean channels; Morocco and Tunisia when
using the western Mediterranean; and Turkey when using the Aegean Sea route. Many
migrants have come an extremely long way, including from sub-Saharan countries and
countries in the Middle East, to make these journeys. Migrants travelling through the
Sahara are subjected to horrific treatment, including rape and other forms of violence.
29.
When migrants reach their intended country of departure, they often suffer further
violations of their rights. The European Union Agency for Fundamental Rights has
published reports of makeshift camps with extremely poor conditions that are run by
migrants in Morocco, as well as of migrants locked in small huts by smugglers in Turkey.
Smugglers typically charge several thousand United States dollars per person for boat
journeys to the European Union. Families with multiple members can pay in excess of
US$ 10,000 to make the trip.
30.
The boat trips themselves are perilous, involving very basic vessels that have limited
navigation systems, are not seaworthy and often have insufficient amounts of food, water,
fuel, first aid kits and life jackets. Boats are usually extremely overcrowded and sometimes
contain more than double the recommended capacity. Once migrants have paid for the
journeys, they are often forced to go ahead with their plans despite sometimes having
second thoughts when seeing the vessels. Migrants have reported incidents of boats not
having captains, with inexperienced migrants being required to navigate, as smugglers do
not want to risk being caught by the authorities.
31.
When smugglers are on the boats, incidents of sexual violence and slavery against
women have been reported. The crossing from North Africa takes, on average, between one
and three days, but can increase significantly depending on the boat and the maritime
conditions. Many boats capsize or go into distress.
32.
The search and rescue services provided unilaterally by Italy and FRONTEX are a
response to these alarming trends (see appendix). In a report to the Special Rapporteur, the
European Commission said that Operation Mare Nostrum had rescued over 160,000
persons at sea in 2014 and that Operation Triton was estimated to have rescued
approximately 22,300 people between November 2014 and early 2015. In addition, some
private and military vessels have saved migrants’ lives. However, as underlined by the
International Maritime Organization, the support provided to search and rescue operations
by merchant vessels should remain exceptional, and States should shoulder the main
responsibility for such operations.
33.
While positive efforts to protect migrants’ right to life have been made, they remain
insufficient. Key challenges include Operation Triton’s limited mandate for effective search
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