Council of Europe President Warns UK on ECHR Withdrawal
The president of the Council of Europe has cautioned that if the UK chooses to exit the European Convention on Human Rights (ECHR), it could find itself comparable to Russia under Putin and Belarus under Lukashenko. This sentiment was conveyed by Alain Berset, a Swiss social democrat and the secretary-general of the Council of Europe, as he discussed the UK’s position regarding the ECHR and its associated courts.
Despite Brexit, the court remained unaffected since the UK government considers it a distinct institution. Still, it shares certain symbols, like a flag and national anthem, and a location in Strasbourg, France. Notably, the ECHR has drawn attention from anti-mass immigration advocates, such as Nigel Farage. The Reform UK party leader has expressed his commitment to withdrawing from the ECHR to reclaim full sovereignty, aiming to fulfill Brexit promises. The Conservative Party has echoed this aspiration, suggesting they would follow Farage’s example if they were to regain power.
Berset commented on the potential fallout of such a withdrawal. He mentioned to Politico, “It is absolutely possible to withdraw from the treaty… But what does that mean? There will be a new group of European countries that are non-members of the Council of Europe and will not implement the treaty: Russia, Belarus, the United Kingdom. That will be the result.”
While Belarus has never been a part of the ECHR, Russia was expelled in 2022 following its invasion of Ukraine. It’s somewhat uncertain what repercussions, other than reputational damage, the UK would face if it were associated with Russia by the Council of Europe.
On the other hand, Prime Minister Keir Starmer’s Labor Party remains against calls to leave the ECHR, advocating instead for reform from within the system. Berset indicated that several signatories to the treaty are scheduled to meet in Chisinau on May 15 to discuss reform possibilities, but he noted that a concrete agreement seems unlikely.
He stated, “I really think we are in a productive process. It’s not over now; it’s still ongoing. But my impression is that there will be a declaration.”
The ECHR has significantly influenced UK immigration policy, often halting deportations of certain criminal immigrants. A government assessment revealed that, despite its challenges, British membership in the ECHR forces monitoring of around 170 migrants identified as dangerous, about half of whom are linked to terrorism or extremist activities. The ECHR also played a significant role in blocking a repatriation flight to Rwanda, following a deal between the previous Conservative government and the Rwandan government.
This ruling halted efforts to curb illegal immigration under the former government and ultimately led to the program’s end under Starmer’s administration in 2024. Recently, the left-wing government used the treaty in a legal case involving Epping residents, who sought the closure of a migrant hotel following an assault by a migrant on a local teenager. The government referred to ECHR obligations in court, emphasizing the necessity to provide for migrants regardless of their legal status.
Farage has asserted that the UK’s departure from the ECHR is crucial for regaining control over immigration. He has also proposed setting up a deportation center capable of housing up to 24,000 individuals. Plans include establishing these centers in constituencies that favored open borders, rather than those advocating for stricter enforcement.
This discussion came in light of recent arrests following a BBC report that revealed immigration advisers often counsel Muslim immigrants to feign homosexuality to bolster their chances of receiving asylum in the UK.
