Debates Parlamentares - Diário 018, p. 156 (2024-02-27)

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10. With 95% of displaced Afghans in Pakistan and in Iran, the Assembly acknowledges that both countrieshave contributed an important share to the reception of these people and stresses the importance for memberStates to contribute to this effort as well. It regrets that many member States lowered their annual resettlementquotas at a time when reception needs have never been higher according to 2022 Global Trends Report onforced displacement of the United Nations High Commissioner for Refugees (UNHCR).

11. In line with UNHCR’s Guidance Note on the International Protection Needs of People FleeingAfghanistan issued in February 2023:

11.1. the Assembly considers deportations to Afghanistan are not acceptable under the current circumstances and that forced removals should be immediately halted;

11.2. any voluntary return of Afghans including via state-sponsored programmes should be monitored in co-ordination with the UNHCR in line with applicable the European Convention on Human Rights standards and European Court of Human Rights case law on the various aspects of vulnerability to which returnees may be exposed;

11.3. the Assembly observes that growing restrictions apply for Afghans in Iran and Pakistan with increasing risks of forced removal. It considers that member States should not return Afghans to Pakistan and Iran as it may expose them to discrimination in accessing their rights and to deportation to Afghanistan.

12. The Assembly considers that Afghans in exile should be provided with dignified reception andintegration as long as durable and safe return to Afghanistan is impossible:

12.1. the Assembly aligns with the European Union Agency for Asylum (EUAA) which considers that women and girls are at risk of persecution and that their fear of persecution is in general well-founded and substantiated. It welcomes efforts made by some member States which facilitate access to protection for Afghan women and girls, and encourages all member States to harmonise their practices accordingly;

12.2. the Assembly welcomes the adoption by the Committee of Ministers of Recommendation CM/Rec(2022)17 on protecting the rights of migrant, refugee and asylum-seeking women and girls, and calls for a fast and effective implementation of this important instrument across Europe;

12.3. the Assembly recalls that the Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No. 210) requires that signatory States take the necessary measures to prevent, investigate, punish and provide reparation for acts of gender-based and domestic violence. Such measures should be implemented without discrimination on any ground, including on the basis of migrant or refugee status;

12.4. the Assembly urges member States to commit to the resettlement and humanitarian pledges they have announced for Afghans and to increase their quotas. Concrete relocation and family reunification mechanisms must be enacted rapidly and should involve co-ordination with the relevant European Union authorities and the UNHCR. The Assembly welcomes the establishment in 2021 by the EUAA of the Expert Platform on safe pathways for Afghans in the framework of its Resettlement and Humanitarian Admission Network;

12.5. ensuring that Afghans are provided with a form of registration should be considered a priority by all member States. Particular attention should be given to unaccompanied minors and children transiting to adulthood. The Assembly recalls Recommendation CM/Rec(2019)11 and Explanatory Memorandum CM(2022)81-add on effective guardianship for unaccompanied and separated children in the context of migration. It draws attention to the role of local and regional authorities as well as civil society organisations in these efforts and recalls Resolution 487(2022) and Recommendation 481(2022) of the Congress of Local and Regional authorities of the Council of Europe “Reception of women and children refugees in Europe’s cities and regions”, and Recommendation CONF-

Recommendation of the Committee of Ministers to member States CM/Rec(2022)22 on human rights principles and guidelines on age assessment in the context of migration and its explanatory memorandum, as well as in Recommendation CM/Rec(2019)4 on supporting young refugees in transition to adulthood.

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9. People fleeing persecutions, hunger, or insecurity, be they recognised as refugees or not, cannot beblamed for seeking safety and integration. The Assembly warns against anti-migrant and anti-refugeesentiment mounting across Europe, including against Afghans.10. With 95% of displaced Afghans in Pakistan and in Iran, the Assembly acknowledges that both countrieshave contributed an important share to the reception of these people and stresses the importance for memberStates to contribute to this effort as well. It regrets that many member States lowered their annual resettlementquotas at a time when reception needs have never been higher according to 2022 Global Trends Report onforced displacement of the United Nations High Commissioner for Refugees (UNHCR).11. In line with UNHCR’s Guidance Note on the International Protection Needs of People FleeingAfghanistan issued in February 2023:11.1. the Assembly considers deportations to Afghanistan are not acceptable under the current circumstances and that forced removals should be immediately halted;11.2. any voluntary return of Afghans including via state-sponsored programmes should be monitored in co-ordination with the UNHCR in line with applicable the European Convention on Human Rights standards and European Court of Human Rights case law on the various aspects of vulnerability to which returnees may be exposed;11.3. the Assembly observes that growing restrictions apply for Afghans in Iran and Pakistan with increasing risks of forced removal. It considers that member States should not return Afghans to Pakistan and Iran as it may expose them to discrimination in accessing their rights and to deportation to Afghanistan.12. The Assembly considers that Afghans in exile should be provided with dignified reception andintegration as long as durable and safe return to Afghanistan is impossible:12.1. the Assembly aligns with the European Union Agency for Asylum (EUAA) which considers that women and girls are at risk of persecution and that their fear of persecution is in general well-founded and substantiated. It welcomes efforts made by some member States which facilitate access to protection for Afghan women and girls, and encourages all member States to harmonise their practices accordingly;12.2. the Assembly welcomes the adoption by the Committee of Ministers of Recommendation CM/Rec(2022)17 on protecting the rights of migrant, refugee and asylum-seeking women and girls, and calls for a fast and effective implementation of this important instrument across Europe;12.3. the Assembly recalls that the Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No. 210) requires that signatory States take the necessary measures to prevent, investigate, punish and provide reparation for acts of gender-based and domestic violence. Such measures should be implemented without discrimination on any ground, including on the basis of migrant or refugee status;12.4. the Assembly urges member States to commit to the resettlement and humanitarian pledges they have announced for Afghans and to increase their quotas. Concrete relocation and family reunification mechanisms must be enacted rapidly and should involve co-ordination with the relevant European Union authorities and the UNHCR. The Assembly welcomes the establishment in 2021 by the EUAA of the Expert Platform on safe pathways for Afghans in the framework of its Resettlement and Humanitarian Admission Network;12.5. ensuring that Afghans are provided with a form of registration should be considered a priority by all member States. Particular attention should be given to unaccompanied minors and children transiting to adulthood. The Assembly recalls Recommendation CM/Rec(2019)11 and Explanatory Memorandum CM(2022)81-add on effective guardianship for unaccompanied and separated children in the context of migration. It draws attention to the role of local and regional authorities as well as civil society organisations in these efforts and recalls Resolution 487(2022) and Recommendation 481(2022) of the Congress of Local and Regional authorities of the Council of Europe “Reception of women and children refugees in Europe’s cities and regions”, and Recommendation CONF-Recommendation of the Committee of Ministers to member States CM/Rec(2022)22 on human rights principles and guidelines on age assessment in the context of migration and its explanatory memorandum, as well as in Recommendation CM/Rec(2019)4 on supporting young refugees in transition to adulthood.II SÉRIE-D — NÚMERO 18 ____________________________________________________________________________________________________________156

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