EU refugee crisis and humanitarian emergency: House of Lords, Select Committee on the European Union report

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"Evidence suggests that a majority of those currently entering the EU as irregular migrants are ‘prima facie refugees’, as defined by the UN High Commissioner for Refugees. It is, therefore, important that as much focus is placed on the humanitarian aspects of the crisis as on law enforcement....

We recommend that, as part of its review of EU legislation, the Commission should propose an EU framework that builds on the humanitarian aspects of the UN Protocol that concerns migrant smuggling. It should criminalise only acts committed for financial gain. Clauses should be added to avoid the criminalisation of individuals and organisations acting for humanitarian purposes. Inhuman and degrading treatment should be included as aggravating factors in the sentencing of smugglers."
[emphasis added]

See the full report: EU Action Plan against migrant smuggling (pdf)

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