On 30 August 2021, the Council of Europe Commissioner for Human Rights, Dunja Mijatović, published a statement on Council of Europe member states’ responses to the situation in Afghanistan and their human rights obligations towards people seeking protection in Europe. In her statement she said: “Member states should unequivocally commit to handling the arrival of persons fleeing the horrendous situation in Afghanistan in accordance with their human rights obligations. Various governments and local authorities in Council of Europe member states have set a positive example by pledging to host people fleeing Afghanistan following the Taliban’s takeover of that country. Regrettably, however, many member states have also hinted at, announced or taken steps towards border closures, the building of walls and fences, restrictions on asylum applications or pushbacks. These and other measures ostensibly aimed at ‘preventing irregular migration’ may result in people being prevented from seeking asylum on the territories of our member states, unlawfully turned back at borders or left without access to protection anywhere along their routes while seeking safety.

On 25 August 2021, the Council of Europe Commissioner for Human Rights, Dunja Mijatović, published a statement on the situation at the Polish-Belarussian border. “Poland should take immediate action to protect the human rights of people stranded at its border with Belarus. The dire humanitarian situation of a group of people stuck for many days at the Polish-Belarussian border is alarming. I understand that this situation is the result of attempts by Belarus to encourage people to cross borders, leaving them in a vulnerable position and creating challenges for the receiving state, and I firmly condemn such actions. But Poland must not allow innocent, vulnerable people to be victims of such conduct. Pushing people back, denying them access to fair asylum procedures, or simply leaving them stuck in a humanitarian emergency cannot be the answer of a Council of Europe member state bound by the European Convention on Human Rights, the Refugee Convention and other international human rights instruments”, she said.

On 24 August 2021, the Council of Europe Commissioner for Human Rights, Dunja Mijatović, published a letter which she sent to the Prime Minister of Lithuania regarding migration-related challenges and called for the response to be fully compliant with the country’s human rights obligations, in particular by ensuring fair asylum procedures and preventing summary returns without adequate safeguards. In her letter, the Commissioner acknowledged the significant challenges due to increased arrivals through the border with Belarus and condemned any attempt by states to actively encourage vulnerable people to cross borders while knowing this leaves them in a humanitarian or human rights emergency and adds burdens on the receiving state. She nevertheless stressed that reacting in a manner that upholds human rights and humanitarian values is “the only appropriate response”, including by “not allowing the rights of individuals to become subordinate to political or geopolitical considerations.” In this context, the Commissioner expressed her concern about newly adopted amendments to the Law on the Legal Status of Aliens and accompanying legislation, including the removal, in emergency situations, of significant safeguards in the asylum procedure, which would pose a threat to upholding the principle of non-refoulement and the right to an effective remedy, as well as affecting the position of vulnerable persons. The Commissioner also notes that the way newly arrived asylum seekers and migrants are accommodated runs the risk of becoming de facto detention. Furthermore, she highlighted reported instances of summary returns to Belarus of persons having attempted to enter Lithuania in an irregular manner.

In her letter, the Commissioner asked the Prime Minister how the government intends to ensure that the response to the challenging situation at Lithuania’s border meets its human rights obligations, including whether the amendments to the law will be revised to make the legislation fully compliant with those obligations. In particular, she also calls on the government to ensure that no returns take place to Belarus or other countries without their being accompanied by sufficient safeguards against refoulement or collective expulsions. Read the reply by the Prime Minister of Lithuania

On 16 August 2021, the Commissioner commented on situation in Latvia. “All Council of Europe member states (of which Latvia is one) are obliged to fully respect the rights of refugees, migrants and asylum seekers - even if another state directly encourages migrants to cross the border. Arrivals cannot simply be sent back without an adequate procedure and risk assessment for these people”, the Commissioner said.