Facebook SF Abogados Twitter SF Abogados Linkedin SF Abogados
ES | CA | EN | RUS |  中文
Facebook SF AbogadosTwitter SF AbogadosLinkedin SF Abogados


Thursday, 06 September 2018 12:34

The depenalization of humanitarian aid to clandestine migration in the EU

Undoubtedly, we are faced with a topic that exposes us a manifestation of courage in the face of adversity and, that of necessity, places us in that constant and interminable struggle to live "better" or in more favorable conditions, where our fundamental rights and universal, we are not begged, much less taken away by the factual power of the State, without mediating government systems or sociopolitical problems of any context.

Migration is one of the most important sociological phenomena for the world population, and its reasons are endless. The truth is that since previous decades, there have been urgent and particular reasons that led to an acceleration and growth in the mobility of the population of certain geographical areas to other countries in the world, in principle, more developed economically and politically and, in In most cases, as expected, illegal, clandestine and / or unconventional.
The current asylum crisis, together with the tragic experiences and the loss of human lives when trying to cross borders of all kinds, have been the trigger to redo the efforts of the countries of the EU in order to try to give a forceful and real solution to Such a serious problem, which incidentally, concerns all of us.


In accordance with the provisions of Directive 2002/90 / EC on "facilitation" in this area, the member states of the European Union, are obliged to incorporate and adapt, within their respective legal framework, penal sanctions against those who facilitate the entry, mobilization, circulation and / or irregular stay in their territory of all those persons who lack the documentation and other suitable permits, both from their native country, as well as from the one they intend to enter. resolution, shows its flexible face, by granting independence and full sovereignty to each nation of the European Community, by virtue of which it allows them the option not to criminalize the aid, when this is humanitarian in nature, a prerogative that unfortunately did not have the draft that it was expected, since only some countries incorporated exceptions to this type of aid in their domestic laws and regulations.

Said the previous thing, in an attempt of humanization of the right, that much lack does, the European Parliament during the Plenary celebrated the 05 of July of the 2017, in Strasbourg, pronounced in favor of a non legislative resolution, that tries, in principle, the decriminalization of humanitarian aid in the face of the problem of illegal migration. Question on which ignorance should not fall, since it is undoubtedly a small step forward in community collaboration, worthy of materializing as it should be in the laws of all nations, with its asegunes and under the allusive social, political and economic context to each territorial zone and / or nation in particular. The text was approved by the plenary session of the Parliament "by show of hands".


If something also motivates the MEPs to close ranks on this issue, it is the concern about the regrettable consequences against those people or institutions that catered to clandestine or illegal migrants, an issue that, in view of many, was erratic and excessive, provided that there would be abuse, discrimination, mistreatment and violence in its intermediation against migrants.

In view of this situation, the Parliament highlighted the great task carried out by this type of organization, specifically in land and sea rescue operations. Despite this, they stressed that their actions should be included under the protection of Directive 2002/90 / EC and in any case they should be developed under the control of the national authorities.

Ultimately, the consolidated text urges the European Commission to make its guidelines sufficient for the member states, making special mention in the forms of aid that are not susceptible to criminal conviction, for practical purposes to consolidate and unify the Multilateral Directive in The matter.


From the perspective that is observed, this situation of necessary abandonment of migrants to their native country, without mediating reasons, denotes that we lack much as an international community and, strictly speaking, to each country in its particularity, in terms of rights human and social policies of migration and integration.

While it is true, this anomaly and collision of human and social rights, lends itself to give way to such complex issues (if not enough) as trafficking in persons and drug trafficking, to mention some. However, it is not for the international community to divert attention and choose to take a shortcut, penalizing an act that, although it is true, is presented in the thin line of what is legal and illegal, it has a clear impact on the humanization of the right that today it governs us and that little watches over the human rights of tomorrow.

Establishing a legal framework compatible and adequate to the clandestine migratory reality is a determining factor for the development of migrants and of each of the countries that harbor them, in one way or another.

Writings SF Lawyers