Sep 17 Human Rights Council 12

Statement held by Ambassador Hans Dahlgren on behalf of the European Union during the Panel on Migrants in Detention Centers at the 12th session of the Human Rights Council

The European Union warmly welcomes the organizing of this panel discussion and we thank all the panellists for their inspiring interventions this morning. Migration, asylum and refugee issues are among the priority areas of EU policies within the EU and in its external relations. Of course, EU policies on migration must comply with the norms of international law, particularly those that concern human rights, human dignity and refugees. This is the clear and stated ambition of the EU, however, we are all aware that in order to achieve this, concrete legal and policy actions have to be taken. The values and norms that are mentioned of course also underpin our cooperation with other countries.

In December 2008 the European Union adopted a Directive on common standards and procedures for returning illegally staying third-country nationals. That Directive makes it clear that the use of detention should be limited only to situations in which other  measures would not be sufficient, and should always be subject to the principle of proportionality with regard to the means and the objectives. The EU Directive ensures that detention should be for as short a period as possible, and shall be ordered by administrative or judicial authorities, with reasons being given in fact and in law. The EU Directive also ensures special regulations for families and minors with respect to the best interest of the child. Relevant international and national Non-governmental organizations shall have the opportunity to visit detention facilities. However, the EU considers voluntary return to be the principle option allowing for the best interest of the migrant to be taken into consideration.

Mr President,

There is no room for complacency, as there are a large number of challenges ahead in the field of migration. The EU would be interested to hear other views on how to provide information to persons in particularly vulnerable situations on the risks connected to migration through irregular settings.

We also look forward to hearing other examples of how policies and laws are formulated and would be interested in the panel’s view of  how international human rights obligations are ensured while handling the  issue of migrants in detention.

Thank you, mr President.