UN Experts Warn EU Migration Smuggling Law Risks Criminalizing Humanitarian Aid

The experts expressed concern that the legislative debate comes at a time of growing hostility toward migrants, refugees, asylum seekers, and civil society organisations across Europe.

 

UN human rights experts have raised serious concerns over ongoing European Union negotiations on a revised law targeting migrant smuggling, warning that the draft could allow prosecution of humanitarian workers, rescue crews, family members and ordinary citizens who assist migrants in life-threatening situations.

At the heart of the concern is the absence of a mandatory humanitarian exemption in the proposed revision of the EU Facilitation Directive, first introduced on 28 November 2023 and now under legislative review by the European Parliament and the Council of the European Union.

“Without a clearly defined binding humanitarian exemption, there is a significant risk that acts of compassion—including life-saving search and rescue, medical care, or shelter—may be treated as criminal smuggling,” the experts cautioned.

They noted that the proposal could contradict the UN Protocol against the Smuggling of Migrants, which requires States to avoid criminalising humanitarian assistance when carried out with no financial gain.

Rising Criminalization and Shrinking Civic Space

The experts expressed concern that the legislative debate comes at a time of growing hostility toward migrants, refugees, asylum seekers, and civil society organisations across Europe. They pointed to a rising trend in prosecution and harassment of humanitarian defenders, particularly those involved in maritime rescue operations in the Mediterranean.

Humanitarian organisations have already reported cases where rescue ship crews, local volunteers, priests, farmers, and hosts offering temporary shelter have been subjected to:

• Criminal investigations

• Seizure of rescue vessels

• Financial penalties

• Public harassment and stigmatization

“Human rights defenders and NGOs protecting migrants’ rights are increasingly treated as criminals,” the experts warned. “This contradicts Europe’s commitments to human dignity, asylum rights and the rule of law.”

Call for Mandatory Protection Clause

The experts urged EU lawmakers to insert a binding exemption clause in the directive to explicitly protect individuals who:

• Offer assistance based on humanitarian motives

• Act due to family connection

• Provide emergency support such as rescue, medical treatment or shelter

• Accept no financial or material benefit

They stressed that such protection is not optional — it is required under international human rights law, refugee law, maritime rescue obligations and humanitarian principles.

A Critical Moment for European Values

The experts emphasized that EU legislation must not discourage life-saving action, especially when thousands of people continue to perish during migration journeys — particularly in the Mediterranean, one of the world’s deadliest migration routes.

“Protecting life should never be a crime,” the experts concluded. “Ensuring that anti-smuggling laws respect human rights is both a legal duty and essential to safeguarding lives.”

The UN warned that the international community will closely follow the EU’s final decision, viewing it as a defining moment for Europe’s humanitarian and human rights legacy.