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A political declaration signed by the UK and 45 other European countries this week explicitly endorses the use of third-country hubs for rejected asylum seekers, a move that has drawn sharp criticism from human rights organizations and legal experts.

The declaration, adopted at a Council of Europe ministerial meeting in Chișinău, Moldova, recognizes what it calls states' "undeniable sovereign right" to control their borders and supports new approaches to migration, including "third country 'return hubs'" and cooperation with transit countries, according to the seven-page document.

The agreement comes amid growing political pressure in the UK and elsewhere to increase deportations of irregular migrants, and follows earlier European Union votes allowing the possibility of return hubs.

Coverage Comparison

Reporting on the declaration has varied in emphasis. One Guardian report focused on criticism of the UK government, quoting legal experts who called the deal "grubbily political" and accused ministers of trying to "water down" protections for torture victims. Another report framed the agreement more neutrally, highlighting the recognition of national sovereignty over borders and the rationale provided by ministers.

The Council of Europe's secretary general, Alain Berset, told the Guardian that discussions about hubs would take place "at a multilateral level" and that the move represented progress by bringing previously national-level debates to a European stage.

All coverage agrees on the core facts: the UK and 45 other Council of Europe members have signed the declaration, and it explicitly mentions third-country hubs as a policy option.

Key Claims

  • UK government's stance: Ministers including Yvette Cooper and Shabana Mahmood have publicly claimed that Articles 3 and 8 of the European Convention on Human Rights (ECHR) – the right to live free from torture and the right to family life – have been "misused" by criminals and people with no legal right to remain, according to multiple reports.
  • The declaration's purpose: The political declaration aims to curb how European and domestic courts interpret the ECHR, particularly regarding removals of asylum claimants. It cautions that "caution should be exercised" when assessing whether deporting someone to a non-party state would violate Article 3 obligations, as reported in the declaration text.
  • Human rights concerns: The UN Committee Against Torture has expressed concerns about efforts to overhaul the ECHR, and organizations like Freedom from Torture have warned that chipping away at Article 3 could send "a dangerous message to repressive regimes around the world." These concerns have been reported by a single outlet and have not been independently verified.
  • Scale of the issue: Between 2016 and 2023, an estimated 450,000 to 500,000 third-country nationals were ordered to leave EU member states each year, but fewer than half did so, according to sources cited by the Guardian. This figure has not been independently confirmed.

Perspectives

The declaration has been defended by government officials as a necessary step to address irregular migration and ensure that states can enforce their immigration laws effectively. Ministerial statements, as quoted in the reports, emphasize that the ECHR should not prevent the removal of individuals who have no legal right to stay.

Human rights organizations and legal experts, however, view the move as a dangerous erosion of fundamental protections. Prof. Eirik Bjorge KC, author of "Courts as Faithful Trustees: Domestic Application of the ECHR," described the declaration as "a grubbily political initiative" that seeks to interfere with judicial independence and is "unlikely to have any effect on the jurisprudence of the Strasbourg court."

Alain Berset offered a more cautious perspective, insisting that any migrants removed from European soil would still be protected by the ECHR, while acknowledging that the details of implementation remain to be seen.

Background and Context

The Council of Europe, which oversees the ECHR, has 46 member states, and Friday's declaration was signed by all of them. The agreement comes as the UK is seeking a bilateral deal similar to the Italy-Albania arrangement, under which detention centres are placed in a third country.

The debate over the ECHR has become a contentious issue in UK politics, with Prime Minister Keir Starmer backing changes to the convention while the Conservative Party and Reform UK have pledged to leave it altogether.

This latest development represents a significant step in European migration policy, but its practical impact will depend on how courts interpret the declaration and whether member states follow through with implementing such hubs.