Back Council of Europe reaffirms commitment to supporting member states in protecting migrant and refugee rights

Council of Europe reaffirms commitment to supporting member states in protecting migrant and refugee rights

On 9 October, the Special Representative of the Secretary General on Migration and Refugees (SRSG), David Best, presented a report to the Committee of Ministers following his fact-finding mission to Finland in May this year.

The purpose of the mission was to identify how the Council of Europe can support the Finnish authorities in ensuring the fundamental rights of refugees and migrants, in line with its standards and the ongoing Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe (2021-2025).

During the visit, the Special Representative met relevant state authorities, Finland’s Non-Discrimination Ombudsman, and representatives from international organisations and NGOs. He also visited the Punavuori Transit Centre for refugees and the Detention Unit inside the Finnish Immigration Service’s Helsinki Reception Centre.

Drawing on the information gathered, the report examines Finland's migration situation, particularly the instrumentalisation of migrants in the context of the Russian Federation’s military aggression against Ukraine and Finland’s recent accession to NATO.

The report provides a detailed analysis of the challenges related to this instrumentalisation and Finland’s response, all within the framework of Council of Europe standards.

The analysis highlights several concerns identified by the Finnish authorities, including public order disruption, social tensions, and the strain on public services. It explores potential alternative solutions, emphasising that any measures restricting migrants' rights should be proportionate to the likelihood, scale, and immediacy of further instrumentalisation. The SRSG encourages Finnish authorities to consider how these risks can be documented and how available information can be communicated to the relevant actors, in accordance with Council of Europe standards, particularly the case law of the European Court of Human Rights.

The report further details the country’s legal and institutional framework concerning migration and asylum, access to international protection, challenges related to border management and national security, as well as the reception and detention of migrants and asylum seekers.

At the 75th Session of the Executive Committee of the United Nations High Commissioner for Refugees (UNHCR) in Geneva, on 17 October, the SRSG addressed the High-Level Segment on Statelessness and participated in the launch of the Global Alliance to End Statelessness.

In his address, the Special Representative emphasised that 46 member states of the Council of Europe had tasked the European Committee on Legal Co-operation (CDCJ) with collecting good practices related to legal aid and representation, access to information, and justice for children involved in nationality and statelessness determination proceedings. Additionally, the CDCJ was assigned the role of negotiating an instrument to improve access to nationality for stateless children.

This initiative builds on previous efforts by the Council of Europe to address statelessness, including the European Convention on Nationality, the jurisprudence of the European Court of Human Rights (ECtHR), and the Recommendation on the Nationality of Children.

On the sidelines of the UNHCR plenary session, the SRSG held several bilateral meetings with the representatives of the United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and the Office of the United Nations High Commissioner for Human Rights (OHCHR), as well as with representatives of several member states and non-governmental organisations.

Separately, the  SRSG also addressed the plenary of the 75th UNHCR Executive Committee.

The international conference “Protecting the Human Rights of Displaced Persons: Current Challenges and Ways Forward” was held on 5 November in Chișinău.  

It concluded that the Council of Europe had extended comprehensive support to the Republic of Moldova in strengthening human rights protections for refugees and migrants, particularly for those in vulnerable situations, such as women and children displaced from Ukraine by Russia's full-scale military agression. 

In his opening remarks, the Minister of Internal Affairs of the Republic of Moldova, Adrian Efros, noted that 1.2 million Ukrainian citizens have crossed the Moldovan border, with over 100,000 choosing to stay long term. “We reaffirm our commitment to protecting human rights and supporting all people in need. We will continue our efforts to build an inclusive legislative framework, ensure access to essential services and integrate refugees into the country’s economic and social life. We greatly appreciate the support from the Council of Europe and our international partners and strongly believe that together, we can create a more secure and prosperous future for all those seeking refuge in the Republic of Moldova.”

Speaking on behalf of the Lithuanian Presidency of the Committee of Ministers, Tadas Valionis, the Lithuanian Ambassador to the Republic of Moldova hailed the country’s remarkable solidarity with people fleeing the conflict in Ukraine, providing them with shelter and support and a safe passage to other countries. ”Accountability for such violations is crucial and requires our concerted efforts. Lithuania remains resolutely committed to supporting Ukraine, emphasising the need to intensify pressure on Russia to ensure full accountability for its crimes and pave the way towards a just, sustainable, and lasting peace in Ukraine and Europe”, underlined Ambassador Valionis.

For his part, the Special Representative of the Secretary General on Migration and Refugees (SRSG), David Best, highlighted that the ongoing project Strengthening the Human Rights Protection of Refugees and Migrants in the Republic of Moldova “builds on the rich body of Council of Europe standards, especially the jurisprudence of the European Court of Human Rights, and promising practices in the field. It supports national authorities and other actors in addressing the needs of refugees and migrants, while also helping to build resilient and sustainable migration, asylum, and reception systems.”

He further noted that the project has also strengthened the capacities of professionals involved in supporting displaced people in many sectors, such as social protection, health, education and law enforcement, who had to be trained and that support services as well as information had to be made available to those in need.

The conference brought together representatives of state institutions from the Republic of Moldova and other Council of Europe member states, diplomatic missions, international organisations, civil society activists and experts working in the field. Together, they reviewed the project’s achievements and discussed avenues for future cooperation in strengthening the country’s migration and asylum systems.

Special Representative on Migration and Refugees Strasbourg 12 December 2024
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