AG(2023)REC2 for a Global Approach of the Rights of Refugees and Migrants and the Role of Civil Society, adopted by the Conference of international non-governmental organisations of the Council of Europe;

12.6. in instances where Afghans do not hold a form of international protection and associated residence permit, other forms of legal registration providing (at least temporary) leave to remain should be made accessible (such as work or student visa). This would help ensure that return decisions do not result from a lack of any alternative to a an ultimately non-durable and potentially dangerous return.

13. The Assembly is very concerned about the obstacles faced by asylum-seekers, including Afghans, toaccess fair, effective, and individualised procedures in Europe, as well as obstacles to family reunificationwhen applicable:

13.1. in line with rulings from the European Court of Human Rights, as well as Assembly Resolution 2462 (2022) “Pushbacks on land and sea: illegal measures of migration management”, pushbacks preventing individuals from seeking asylum on European territory, whether perpetrated by State or non-State actors, must immediately cease. Allegations of pushbacks must be fully investigated and those responsible be held to account. Effective complaints mechanisms for victims should be in place to allow such investigations;

13.2. all efforts should be made by State authorities to facilitate access to independent monitoring bodies in areas where people on the move are known to arrive, including border areas, as recommended by the Committee for the Prevention against Torture in its 32nd General Report of March 2023;

13.3. safe third country clauses cannot be used as a justification for providing lesser procedural safeguards to asylum-seekers. The burden of proof should not be heavier when assessing the admissibility of asylum requests against such clause for it often results in blocking access to protection for people in need.

14. The Assembly reasserts its commitment expressed in Resolution 2379 (2021) “Role of parliaments inimplementing the United Nations global compacts for migrants and refugees” to operationalise the principlesof burden and responsibility-sharing:

14.1. in line with Resolution 2502 (2023) “Integration of migrants and refugees: benefits for all parties involved”, the Assembly calls on member States to engage in the European Qualifications Passport for Refugees (EQPR) programme which comprises a tailor-made module on Afghan refugees and asylum-seekers, targeting credential evaluators. All member States are encouraged to recognise the EQPR as a valid assessment of the holders’ qualifications to enrol in higher education across Europe, even if to be used in a country that is not part of the EQPR;

14.2. the Assembly echoes the invitation made by the Committee of Ministers in its reply to the Assembly’s Recommendation 2248 (2023) “European solidarity in the context of asylum and international protection” to all member States to consider acceding to the Council of Europe Development Bank (CEB). It calls on member States to maintain their support to the Migrants and Refugee Fund especially through grants;

14.3. the Assembly emphasises that lack of a harmonised approach across States may increase the risk of unaccompanied children going missing. It encourages member States to co-ordinate on resettlement and relocation procedures, in line with the European Union law and Visa Code when pertinent. Unaccompanied Afghan children should be registered as international protection holders to ease family reunification;

14.4. the Assembly invites member States to maintain and increase their support to UNHCR especially through unearmarked funding so that UNHCR programmes in support of Afghans displaced in Afghanistan and in neighbouring countries can be sustained;

14.5. the Assembly is hopeful that member States, but also local authorities, will continue allocating sufficient funding to support their reception efforts. It stresses the importance of refraining from nationality-specific earmarking which may exclude some people from reception and support programmes which they might otherwise be eligible for, based on vulnerability and other individual criteria.

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