Arya News - The ECHR will be told to stop blocking countries from striking Rwanda-style deals for offshore migrant processing centres.
The ECHR will be told to stop blocking countries from striking Rwanda-style deals for offshore migrant processing centres.
Some 27 European governments, including Britain, have signed a declaration to be released on Wednesday that also demands the convention not be used to prevent deportations of foreign criminals .
However, draft conclusions from a summit of justice ministers from the Council of Europe’s 47 members do not reference specific changes to offshore processing or criminal deportations, promising only further discussions on possible reforms.
The British-backed declaration demands an overhaul to stop ECHR rules from being used to stop deportations or to strike “innovative” return agreements with other countries.
Alain Berset, secretary-general of the Council of Europe, said the convention must “adapt” to modern migration pressures but warned ministers that the court was “under pressure” and “must not be weaponised – neither against governments or by them”.
Asked by The Telegraph whether he could temper calls from Conservatives and Reform UK to quit the ECHR, he said Europe must “adapt” and “find solutions together”.
The first Rwanda flight was stopped in 2022 by a late ECHR injunction. Labour has no plans to revive the scheme but is seeking new returns deals.
David Lammy, the Deputy Prime Minister, said in Strasbourg that he had spoken with “well over 20” member states about concerns over how human rights law is interpreted domestically. Leaving the ECHR, he said, would be a “fake solution”.
He told ministers: “We must strike a careful balance between individual rights and the public’s interest, otherwise, we risk a loss of confidence in the convention, and in human rights themselves.”
Mr Lammy insisted countries must be able to remove foreign criminals and that rights such as “family life” and protection from “inhuman and degrading treatment” should not be stretched to block deportations.
David Lammy says there is ‘a careful balance’ to be struck between individual rights and the public’s interest - Victoria Jones/Shutterstock
It is understood that Britain is currently prioritising national-level interpretation rather than rewriting the convention, a process expected to take years.
The summit’s draft conclusions call for recommendations on tackling migrant trafficking, a new committee on migration challenges, and a political declaration affirming members’ commitment to the rights of migrants – including foreign offenders. It is expected to be signed in Moldova in May.
Georgia Meloni’s Italy has an agreement with Albania to process migrants , which has faced legal difficulties. Denmark has a deal with Rwanda, which it has shelved until legal barriers are removed. EU governments this week agreed on legislation to allow offshore detention centres for failed asylum seekers.
“A state party should not be prevented from entering into cooperation with third countries regarding asylum and return procedures, once the human rights of irregular migrants are preserved,” the statement, obtained by The Telegraph, said.
‘More weight on crimes than family ties’
The statement said a “clear starting point” for the reforms was that a member state could “expel foreigners convicted of serious crimes” even if they have family ties in the host country.
Article 8 of the convention, which protects the right to a family life, needed to be “adjusted so that more weight is put on the nature and seriousness of the offence committed and less weight is put on the foreign criminals’ social, cultural and family ties”.
Article 3, which protects from torture, should be “constrained to the most serious issues” so as not to prevent deportations and extraditions, including in cases raising issues with prison conditions and healthcare.
A member state should also not be prevented from making “timely” decisions on deportations.
“Our governments have a duty to guarantee our populations’ human rights and fundamental freedoms,” the joint statement said.
Protecting borders and countering smuggling networks were vital to protect “the right to live in peace, freedom and security and to preserve the values of our societies”.
“Failing to recognise and respond to these challenges, we risk undermining the very fundamental rights and freedoms that the convention protects,” it said.
“A right balance has to be found between the migrants’ individual rights and interests and the weighty public interests of defending freedom and security in our societies.”
The ECHR underpins the UK’s Human Rights Act.
The Government is expected to bring forward legislation to change how Article 8 is interpreted in UK courts, and is also considering examining the threshold for Article 3 rights.
Starmer rejects calls to quit ECHR
Sir Keir Starmer has rejected calls by the Conservatives and Reform UK to quit the ECHR over concerns that it would prevent the UK from striking agreements with signatory countries to tackle illegal migration.
In a joint article with Mette Frederiksen, his Danish counterpart, the Prime Minister said the ECHR must be modernised as part of a tougher approach to migration to prevent voters from turning to “the forces that seek to divide us” .
Their statement was backed by 27 European countries, including the UK, Italy, Austria, the Nordics, much of Eastern Europe and Ukraine.
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