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Dear ENNHRI members,
We would like to follow up on yesterday's informal
Ministerial
Conference on potential changes to the European Convention on Human Rights system in the context of migration. Thank you for engaging with national authorities in advance of the conference. ENNHRI issued a
statement
leading up to the event, calling on the Council of Europe Ministers to uphold the rule of law and safeguard independence of the European Court of Human Rights.
Outcomes of the conference
The Ministers in the conference have adopted a set of conclusions by consensus. In the conclusions, they call on the Committee of Ministers to act on four items:
-
Prepare a draft political declaration. The declaration is meant to accomplish two objectives:
-
(1) Reaffirm the obligation to ensure the effective enjoyments of the rights and freedoms guaranteed by the Convention to everyone within the jurisdiction of Member States in the context of the contemporary challenges posed both by irregular migration and by
the situation of foreigners convicted of serious offences and;
-
(2) Take into account the government’s fundamental responsibility to ensure national security and public safety.
This political declaration is expected to be adopted at the next formal session of the
Committee of Ministers in Chisinau, in May 2026.
-
Reiterate its support for the elaboration of a new recommendation on deterring and fighting the smuggling of migrants, with full respect for their human rights;
-
Consider how the Council of Europe, including through the possible creation of an inter-governmental committee, can best address pressing migration issues and related policies;
-
Encourage the Secretary General to engage in discussions at an international level relating to migration.
The conclusions agreed on by the ministers can be found
here.
More information on the outcomes of the Conference can be found
here
and the press conference held by Secretary General Alain Berset after the Conference can be watched
here.
27 states
Next to these developments, twenty-seven member States have issued a joint declaration, which they delivered at today’s Ministerial Conference. In this statement, they ask to ensure that the Convention framework is fit to address today’s challenges. According
to the statement, these challenges include:
-
Expulsion of foreigners convicted of serious crimes
-
Clarity about inhuman and degrading treatment
-
Innovative and durable solutions to address migration
-
Decision-making in migration cases
-
Instrumentalisation of migration
The twenty-seven states call for an “open and constructive discussion within the Council of Europe and with its Secretary-General to develop an adequate response to protect the Convention system from attempts to distort and weaken it”.
The joint statement delivered by the 27 states can be found
here.
Follow up
We will now consider the next steps and identify where our involvement can be best carried out. The process will continue early 2026 at the CDDH, where ENNHRI will participate as an observer. We will continue to monitor developments closely and keep you updated.
We also encourage you to stay in contact with your relevant ministries and Council of Europe contacts on this matter. Please keep us abreast of any relevant information from your domestic context.
Kind regards,