GENEVA

The UN human rights experts on Monday voiced alarm over EU discussions on proposed legislation targeting the smuggling of migrants, warning that the absence of a mandatory humanitarian exemption could expose life-saving helpers to criminal prosecution.

"Without a clearly defined mandatory humanitarian exemption, there is a serious risk of criminalisation of life-saving action and assistance to victims of human trafficking, migrants, refugees, asylum seekers and other persons in need of international protection, including children," the experts said in a statement.

Their warning came as the European Parliament reviews the European Commission's proposal for a revised Facilitation Directive, unveiled on Nov. 28, 2023. According to the experts, the draft legislation "risks criminalising those who are assisting and protecting people whose lives or safety are endangered."

They stressed that a binding humanitarian exemption would align with the UN Protocol Against the Smuggling of Migrants and with international legal obligations to assist people in distress.

The experts also raised concerns about what they described as "increasing hostility towards refugees, migrants and civil society organisations that work to protect the human rights of refugees and migrants."

They said human rights defenders across Europe are "increasingly subjected to criminal prosecution, amid shrinking civil society space."

They urged the European Parliament and the Council of the European Union to insert a binding clause exempting from criminal liability those who help migrants, refugees, asylum seekers and victims of trafficking "for humanitarian reasons or based on close family ties, and for no profit."

"Ensuring protection of human rights in all actions taken to combat smuggling is a legal obligation, and vital for effective protection of lives and rights of people on the move," the experts said.