Amnesty International urges EU institutions to ensure that the proposed reforms to the Facilitators Package, presented by the European Commission in November 2023 and now under negotiation, align with international human rights and refugee law. The current EU anti-smuggling framework has enabled the criminalization and prosecution of human rights defenders for acts of solidarity that uphold the rights of refugees and migrants – often lifesaving acts such as providing food, shelter or medical care. Aligning the Facilitators Package with the UN Smuggling Protocol and narrowing the offence of ‘facilitation’ of unauthorized entry, transit or residence, is therefore essential to protect migrants and refugees, their family members, as well as human rights defenders and organizations that assist them, from criminalization. This Position Paper details Amnesty International’s recommendations to ensure that the proposed directive improves the protection of human rights of refugees and migrants, and those acting in solidarity with them.
