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Reply to Recommendation | Doc. 15088 | 25 February 2020
Pushback policies and practice in Council of Europe member States
1. The Committee of Ministers has carefully
examined Parliamentary Assembly Recommendation 2161 (2019) on “Pushback
policies and practice in Council of Europe member States”. It has
forwarded it to the Steering Committee for Human Rights (CDDH) and
the European Committee on Legal Co-operation (CDCJ) for information
and possible comments.
2. The Committee of Ministers welcomes the Parliamentary Assembly's
continued attention to migrants and asylum seekers and refers to
its previous replies to a number of related recommendations. 
The Committee
agrees with the Assembly that pushback practices raise serious issues
regarding respect for the human rights of asylum seekers and refugees
and invites the member States to give due consideration to the various
recommendations put forward in Recommendation 2161 (2019). It reiterates
that the protection afforded by the European Convention on Human
Rights extends to all persons placed under the jurisdiction of a
State Party and that Article 4 of Protocol No. 4 prohibits collective
expulsions of foreigners. The Committee calls on the member States
to fully comply with the judgments of the European Court of Human
Rights and to implement the interim measures indicated by it.
The Committee
agrees with the Assembly that pushback practices raise serious issues
regarding respect for the human rights of asylum seekers and refugees
and invites the member States to give due consideration to the various
recommendations put forward in Recommendation 2161 (2019). It reiterates
that the protection afforded by the European Convention on Human
Rights extends to all persons placed under the jurisdiction of a
State Party and that Article 4 of Protocol No. 4 prohibits collective
expulsions of foreigners. The Committee calls on the member States
to fully comply with the judgments of the European Court of Human
Rights and to implement the interim measures indicated by it.3. The Committee of Ministers stresses that the right to seek
asylum must be respected. In this connection it recalls the Guidelines
on human rights protection in the context of accelerated asylum
procedures, which it adopted in July 2009. These guidelines establish
a framework of minimum procedural safeguards which must be granted
to asylum seekers. In particular, they emphasise that “asylum seekers
have the right to an individual and fair examination of their applications
by the competent authorities” (guideline II, §2). They also reiterate
the obligation of the State receiving the asylum application to
“ensure that return of the asylum seeker to his/her country of origin
or any other country will not expose him/her to a real risk of the
death penalty, torture or inhuman or degrading treatment or punishment,
persecution, or serious violation of other fundamental rights which
would, under international or national law, justify granting protection”(guideline
VII). The Committee of Ministers reiterates its invitation to the
member States to ensure that the guidelines are widely disseminated among
all national authorities involved in the implementation of the various
stages of accelerated procedures, including those responsible for
the return of aliens.
4. With regard to paragraph 4.4 of the recommendation, the Committee
of Ministers acknowledges the important role of national and international
non-governmental organisations in assisting migrants and asylum-seekers.
It also underlines the important role in preventing pushbacks played
by National Human Rights Institutions and by National Preventive
Mechanisms under the UN Optional Protocol to the Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment.
5. Migration issues have been discussed by the Ministers’ Deputies.
The Committee of Ministers recalls that the Commissioner for Human
Rights has addressed the issue of pushbacks calling for laws and
regulations that specifically prohibit practices that would lead
to collective expulsions or refoulement and for investigations of
any allegations that such pushbacks occur. In June 2019, the Deputies
had an exchange of views with the Commissioner for Human Rights,
during which she presented her Recommendation “Lives saved. Rights protected.
Bridging the protection gap for refugees and migrants in the Mediterranean”,
which addresses in detail the issue of collective expulsions and
refoulement of migrants at sea. The Commissioner has also repeatedly
addressed the issue of solidarity within the European Union with
regard to the sharing of responsibility for the reception and processing
of migrants and asylum seekers and in providing for their relocation
as appropriate. In addition, the new Special Representative of the
Secretary General on migration and refugees started his mandate
in January 2020 and his task is to promote the human rights standards
of the Organisation in his interactions with member States as well
as with the relevant international organisations and bodies in respect
of activities or legislative processes conducted by them.
6. Finally, the Committee of Ministers recalls the need to continue
shared efforts in addressing the challenges arising from global
migration, based on a balance of responsibility and on solidarity.
It also wishes to point out that, while continuously promoting compliance
with the human rights standards of the Organisation in respect of
migration-related activities in its member States, it strives to
focus its efforts on the priority areas lying within its competence,
where it can provide real added value. Accordingly, there will be
work in the next biennium on different topics relating to migration
and in particular the situation of migrant women and children.