The United Kingdom, along with 45 other European nations, has endorsed a political declaration supporting the transfer of rejected asylum seekers to processing hubs in third countries. This agreement, issued by the 46 members of the Council of Europe—the overseer of the European Convention on Human Rights (ECHR)—affirms each state’s “undeniable sovereign right” to manage its borders effectively.
Details of the Declaration
The seven-page document encourages nations to combat irregular migration through innovative measures. These include processing international protection claims in third countries, establishing “return hubs,” and partnering with transit nations. It promotes greater flexibility for deportations, even to destinations posing risks of inhuman or degrading treatment, while curbing judicial interventions.
Officials highlight frequent misuse of ECHR Articles 3 (prohibition of torture) and 8 (right to family life) to block removals of individuals without legal status. The declaration advises “caution” in evaluating expulsions or extraditions under Article 3 to non-ECHR states.
UK’s Pursuit of Third-Country Deals
The UK actively pursues an agreement with an undisclosed third country, mirroring Italy’s arrangement with Albania. That pact initially targeted asylum seekers from safe origins for claim processing but now detains rejected applicants pending deportation under Prime Minister Giorgia Meloni’s administration.
Home Secretary Shabana Mahmood informed Parliament in November of ongoing talks with multiple countries, though no pacts are finalized. The prior government’s £715 million Rwanda scheme collapsed in 2024 without deporting anyone, after the Supreme Court deemed Rwanda unsafe.
Keir Starmer’s administration views return hubs as a key deterrent to irregular arrivals, particularly by small boats.
Broader European and Political Context
The EU has approved similar hubs, with Denmark, Austria, Greece, Germany, and the Netherlands in discussions involving Rwanda, Ghana, Senegal, Tunisia, Libya, Mauritania, Egypt, Uganda, Uzbekistan, Armenia, and Ethiopia. Montenegro rejects claims of hosting rejected seekers.
Yvette Cooper, who secured the deal at a summit in Chișinău, Moldova, anticipates further hub talks. The Foreign Secretary emphasized: “Reform and the Conservatives have called for the ripping up of international law altogether—even though those same international laws are essential to our law enforcement cooperation against the criminal smuggler gangs, or to upholding pillars such as the Good Friday agreement. The Greens have called instead for the ripping up of border controls—damaging our national security. Neither of their approaches delivers for our national interest. That is why Labour is reforming the ECHR with partners from across the continent, because we know the relationships we build abroad make us stronger at home.”
Council of Europe Secretary General Alain Berset noted that multilateral talks on irregular arrivals occurred during the conference.
Expert and Rights Group Reactions
Migration specialist Madeleine Sumption, director of Oxford University’s Migration Observatory, doubts the declaration’s influence: “It’s not clear how much impact a political declaration makes given that judges’ decisions are also driven by domestic and international case law, which this declaration does not change. How much concrete difference it will make remains to be seen.”
University of Bristol legal academic Prof. Eirik Bjorge KC questions its impact but criticizes efforts to dilute protections: “Article 3 is an embodiment of the very object and purpose of the convention and as such cannot be modified through political declarations. In that regard, I deplore the attempt to relativise the notion of inhuman and degrading treatment.”
Human rights advocates express alarm. Liberty Director Akiko Hart stated: “The Chișinău political declaration on the ECHR is a hugely significant moment. We are deeply concerned that changing how the ECHR is used by UK courts will open the door to a gradual weakening of human rights protections.”
The ECHR remains divisive: Labour supports reforms, while Conservatives and Reform UK advocate withdrawal.
