Council of Europe Condemns Political Manipulation of Human Rights Framework Amid Migration Crisis
The Council of Europe, a leading human rights organization, has voiced strong criticism against nine European governments urging a re-evaluation of the interpretation of the European Convention on Human Rights (ECHR) concerning migration issues. Secretary General Alain Berset condemned the attempts to politicize the European Court of Human Rights following a letter initiated by Italy's Prime Minister Giorgia Meloni and Denmark's Prime Minister Mette Frederiksen. The letter advocates for a more flexible interpretation of the convention, stating that governmental authorities need broader discretion when deciding on the expulsion of foreign criminals and on managing migrants whose deportation is unfeasible.
The nine signatory nations, which include Austria, Belgium, the Czech Republic, Estonia, Latvia, Lithuania, and Poland, argued that their countries are facing challenges due to an influx of migrants, particularly those purportedly sent by foreign countries to destabilize European borders. They expressed concerns that decisions that might have been considered correct in the past may not suffice in the present circumstances.
Meloni highlighted the pressing issue of retaining the ability to expel immigrant offenders convicted of serious crimes, while addressing the complexities involved in handling migration in broader terms. In response, Berset emphasized the importance of maintaining judicial independence from political influence, stating that, "In a society governed by the rule of law, no judiciary should face political pressure. Institutions that protect fundamental rights cannot bend to political cycles. If they do, we risk eroding the very stability they were built to ensure."
Berset also reminded the public that the European Court of Human Rights plays a crucial role in adjudicating human rights violations, especially in light of the ongoing Russian aggression against Ukraine, and any attempts to undermine this institution could have dire consequences.
The Council of Europe, established in 1949 following World War II as a symbol of post-war reconciliation, consists of 46 member countries that are signatories of the ECHR. The European Court of Human Rights, headquartered in Strasbourg, measures whether governments are fulfilling their obligations under the convention.
Historically, the court has ruled against various European nations in migration-related cases. For example, Italy faced criticism in a 2016 ruling concerning the detention of Tunisian migrants, while Denmark was admonished in 2021 for denying a Syrian refugee his right to family life by prohibiting reunification with his spouse.
Currently, over 30 cases involving Latvia, Lithuania, and Poland are under review, with allegations suggesting that these countries have engaged in unlawful 'pushbacks' into Belarus to prevent asylum applications. A notable case hearkens to 26 Kurdish Iraqi nationals forced back into Belarus without their asylum claims being heard. These individuals reported being denied basic necessities while stranded at the border.
The Baltic states and Poland accuse Belarus of manipulating migrant flows as a means of hybrid warfare aimed at destabilizing the European Union. Faced with these mounting pressures, the nine governments assert a priority on national stability over adherence to existing human rights frameworks.
These calls for a shift in migration policy come as part of an ongoing trend among the signatory nations to reinforce EU migration strategies. In October 2022, Italy, Denmark, and the Netherlands convened a gathering of 11 nations, which garnered EU-wide support for the establishment of 'return hubs' for processing migrants denied asylum. However, as of now, no EU member state has successfully set up such facilities, leaving the execution of these plans uncertain.
In the UK, the previous Conservative government voiced discontent with the convention after the Strasbourg court rejected its controversial proposal to deport asylum seekers to Rwanda. This led former Prime Minister Boris Johnson to propose a referendum on the UK's association with the ECHR as part of his memoir promotion. Thus, the debate surrounding human rights and migration policies continues to evoke passionate discourse across Europe.
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