“The intensification of challenges to the protection of human rights cannot be an excuse for giving up. Rather, the moment calls for a renewed commitment to the principles and standards for which our Organisation stands”, said the Council of Europe Commissioner for Human Rights Dunja Mijatović, presenting her annual report for 2023 before PACE on 22 January.
This year’s report, paints a worrying picture across Europe. In the part relating to the migration-related situation on the continent, the Commissioner underlined that in few areas the erosion of the rule of law more visible than in the approach to migration management. Pushbacks, inadequate responses to tragedies at sea, inhumane reception conditions and restrictive family reunification policies are unfortunately not new. But the checks and balances and adherence to fundamental rules that used to provide a measure of protection against these phenomena (including respect for international and domestic court decisions) are less and less visible and effective. And the resulting levels of tolerance to serious human rights violations against refugees, asylum seekers and migrants that are taking root across Europe are deeply alarming.
The increasing focus on externalisation of asylum processes whereby some states shift their responsibilities in this field across borders, encourage others to do the same, with the risk of creating a domino effect that could undermine the European and global system of international protection. This race to the bottom, driven by political instrumentalisation of migration for electoral gain and the dehumanisation of those seeking refuge, highlights a disconnect with the universality of human rights and states’ obligations to apply human rights law.
This erosion goes far beyond the immediate suffering of these individuals. It undermines confidence in international agreements and cooperation, weakening our collective ability to address global challenges. It has been proven many times that adopting populist positions only benefits populists: adaptation strategies do not reduce support for populists.
