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The theme of migration and asylum in election campaigns and its consequences on the reception of migrants and their rights

Doc. 15832: compendium of written amendments | Doc. 15832 | 22/01/2024 | Final version

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ADraft Resolution

1The Reykjavík Declaration adopted at the Fourth Summit of Heads of State and Government of the Council of Europe reiterated the Organisation’s principles in the face of the numerous challenges to human rights, the rule of law and peace in Europe, including democratic backsliding, violations of freedom of expression and the proliferation of hate speech. The Parliamentary Assembly considers that the treatment of the theme of migration and asylum lies at the intersection of those many challenges.
2Considering that elections are milestone events that shape democracy, the Assembly is concerned at the intensification of a partial and biased treatment of the issue of migration and asylum in election campaigns which legitimise political proposals aimed at blocking access to rights of migrants, refugees and asylum seekers, in contravention of the Council of Europe’s standards.
3The Assembly acknowledges the importance of ensuring that pluralist and even diverging opinions on the theme of migration and asylum may be expressed during election campaigns. It firmly underlines however that hate speech and discriminatory measures cannot be part of a political programme which meets the Council of Europe’s principles and standards and calls on governments of member States as well as key actors in the shaping and dissemination of electoral propaganda to implement Recommendation CM/Rec(2022)16 of the Committee of Ministers on combating hate speech. The Assembly stresses that strong leadership is urgently needed to put an end to the instrumentalisation of the theme of migration and asylum for electoral gains, and to allow for this topic to be addressed in a balanced fashion, taking into account all the challenges at stake.
4The Assembly recalls that the theme of migration and asylum cannot be limited to security matters and urgently calls politicians and the media to weigh up the consequences that such restricted views may bring to social cohesion and public order. It expresses its profound concern at the escalation of verbal and physical attacks on people of foreign origin or perceived as such, in particular on racialised persons and members of religious minorities, which is resulting from that process. In particular, the Assembly reiterates the concerns expressed in its Resolution 2457(2022) “Raising awareness of and countering Islamophobia, or anti-Muslim racism, in Europe”.
5The Assembly emphasises that the normalisation of such viewpoints is accompanied by a rise in intolerance towards individuals (rights defenders, elected representatives, journalists) and institutions (universities, media outlets) favourable to the reception and the inclusion of migrants, refugees and asylum seekers. It calls for manifestations of such intolerance to be sanctioned, in particular when taking the form of restrictions to fundamental freedoms, including freedom of assembly and association, of expression, and of the press, or of attacks against the physical or moral integrity of individuals.
6Recalling Recommendation Rec(97)20 of the Committee of Ministers to member States on “hate speech” according to which hate speech and intolerance “undermine democratic security, cultural cohesion and pluralism”, the Assembly:
6.1reiterates the importance for all member States to ratify Protocol No. 12 to the European Convention on Human Rights (ETS No. 177);
6.2commends the work of the European Commission against Racism and Intolerance (ECRI) and calls on member States to harmonise their legal frameworks in accordance with ECRI’s General Policy Recommendation No.15 on Combating Hate Speech.

22 January 2024

Tabled by the Committee on Political Affairs and Democracy

In the draft resolution, after paragraph 6.2, insert the following paragraph:

"urges member States to strengthen action to protect political debates against foreign interference and manipulation, especially during electoral campaigns, and when this is aimed at spreading hatred and xenophobic discourses."

7Recalling recommendations to public officials, elected bodies and political parties in Recommendation CM/Rec(2022)16, and recalling Resolution 1546 (2007) “The code of good practice for political parties”, Resolution 1889 (2012) “The portrayal of migrants and refugees during election campaigns” and Resolution 2275 (2019) “The role and responsibilities of political leaders in combating hate speech and intolerance”, the Assembly:
7.1considers that migrants, refugees and asylum seekers are an integral part of European societies and calls on political parties and on the media to reflect this reality in a constructive manner. It reiterates its support to under-represented groups, especially migrants, in the electoral process, as candidates and voters;
7.2stresses, as emphasised by the Committee of Ministers in Recommendation CM/Rec(2022)10 on multilevel policies and governance for intercultural integration, the need for a “strategic and coherent approach across all levels of government to ensure policy effectiveness and sustainability in the field of migrant integration and inclusion and (…) to foster a common pluralistic sense of belonging through valuing diversity and building social trust, community cohesion and meaningful interaction between people across their different socio-cultural backgrounds”;
7.3recalls the obligation and moral responsibility incumbent upon politicians not to use hate speech or stigmatising language, and to immediately and unambiguously condemn their use by others; reiterates its call on political parties to adopt self-regulation instruments which prohibit and sanction the use of hate speech by their members;
7.4recalls that the rule of law, democracy and human rights are the core principles of European constitutional heritage and calls on European political parties to comply with the Code of Good Practice in the field of Political Parties (CDL-AD(2009)021) which states that “[p]olitical parties should not act against the values of the ECHR and the principle of equality“;
7.5invites European political parties to endorse the Charter of European political parties for a non-racist and inclusive society in its revised version adopted in 2022;
7.6in line with Recommendation 799 (1977) “Political rights and position of aliens”, noting that this right is already acquired for European citizens within the European Union, recommends that the restrictions authorised by Article 16 of the European Convention on Human Rights (ETS No. 5) regarding political activities of foreigners be lifted. In particular, and in line with the Guidelines on political party regulation of the European Commission for Democracy through Law (Venice Commission) and the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (OSCE/ODIHR), the Assembly encourages that party membership be opened to migrants legally residing in Europe so that they may participate in the selection of party representatives and stand as candidates in local elections;
7.7recalls the importance of the Convention on the Participation of Foreigners in Public Life at Local Level (ETS No. 144) adopted in 1992, which is applicable to people legally residing on European territory, and which asserts that “the residence of foreigners on the national territory is now a permanent feature of European societies”, and invites member States which are not party to the text to sign it without further delay;
7.8commends the adoption by the Congress of Local and Regional Authorities of the Council of Europe of Resolution 431(2018) and of Recommendation 419(2018) “Voting rights at local level as an element of successful long-term integration of migrants and IDPs in Europe’s municipalities and regions”, commends the work of the Committee of Experts on intercultural integration of migrants which assists the Steering Committee on Anti-Discrimination, Diversity and Inclusion (CDADI), and calls for reinforced co-operation between the Assembly, the CDADI and the Congress on such matters.
8In line with the commitments taken by the Committee of Ministers in Recommendation CM/Rec(2022)16, the Assembly commits to playing a full role in promoting the Council of Europe’s instruments and standards and:
8.1strongly encourages the Council for Democratic Elections and the Venice Commission to develop a code of conduct for electoral candidates and/or for the media to combat narratives which run counter to the European Court of Human Rights case law on freedom of expression and the prohibition of hate speech. Such initiative would provide a response to the recurring problems during electoral processes underlined in the Report on electoral law and electoral administration in Europe (CDL-AD(2020)023), in particular the issue of negative campaign and hate speech, and debated during electoral campaigns during the 17th European Conference on Electoral Management Bodies;
8.2asks the No Hate Parliamentary Alliance to consider examining the question of the treatment of migration and asylum during election campaigns, within its activities;

22 January 2024

Tabled by the Committee on Political Affairs and Democracy

In the draft resolution, after paragraph 8.2, insert the following paragraph:

"invites the Assembly’s election observation missions to monitor and report on, especially during their pre-electoral missions, the use of hate speech, including subtle hate speech, in the framework of the online and offline electoral campaign debate in the observed country."

8.3undertakes to promote, throughout its different activities and among the European political formations concerned, ECRI’s General Policy Recommendations, in particular General Policy Recommendation N°15 on Combating Hate Speech and General Policy Recommendation N°16 on safeguarding irregularly present migrants from discrimination as well as the revised Charter of European political parties for a non-racist and inclusive society;
8.4calls for regular consultations, on a formal footing, between the Congress of Local and Regional Authorities, the CDADI, ECRI and the International Non-Governmental Organisations (INGO) Conference with a view to looking at how migration and asylum questions are treated in election campaigns, in the wider context of the integration of migrants, refugees and asylum seekers, and to aligning standards and initiatives in this area through the promotion of training tools designed for electoral management bodies and focusing on the Council of Europe’s standards on the fight against hate speech. The Assembly stresses the importance of involving the Special Representative of the Secretary General on Migration and Refugees in such a process, particularly in the context of her fact-finding missions and of the implementation of the Council of Europe Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe (2021-2025), in particular its pillar dedicated to fostering democratic participation and enhancing inclusion (human rights and democracy).

22 January 2024

Tabled by the Committee on Political Affairs and Democracy

In the draft resolution, paragraph 8.4, first sentence, after the words "calls for regular consultations on a formal footing between", insert the following words:

"the Assembly,"

9The Assembly reiterates the recommendation made in Resolution 2504 (2023) “Health and social protection of undocumented workers or those in an irregular situation” that the restriction of the personal scope of application of the European Social Charter (ETS No. 35) be removed.
10The Assembly recommends that the parliaments of member States:
10.1reflect on concerns and consider recommendations issued in Resolution 2317(2020) “Threats to media freedom and journalists’ security in Europe” and in Resolution 1889(2012) above-mentioned;
10.2recognise, in a self-regulation instrument, the seriousness of hate speech, including covert hate speech, and provide for effective mechanisms for reporting and taking action against such statements. The Assembly recommends that national human rights institutions be involved in this process;
10.3work towards adopting a definition of hate speech to be enshrined into civil or criminal law or amending such definition, and facilitate the examination of legal action against it in line with ECRI’s General Policy Recommendation No.15. The Assembly recommends that national human rights institutions be also involved in this process;
10.4work towards the amendment of electoral legislation in force so that electoral management bodies or any other competent entity be recognised as monitoring bodies empowered to seize the competent authority in case of hate speech by a candidate during an electoral campaign. The Assembly recommends also to work towards the development of administrative mechanisms to tackle the use of such narratives and to sanction them according to an equal, fair and swift procedure;
10.5support the independence and financial capability of authorities regulating public media;
10.6request information reports from the competent parliamentary committees on the participation of migrants, refugees and asylum seekers in local public life;
10.7take into account, prior to and following the adoption of policy reforms on migration and asylum, the analyses and feedback on good practices from civil society organisations, academics, and official human rights bodies competent at national and European levels.
11In line with Recommendation CM/Rec(2022)16, the Assembly recommends that press groups and media outlets:
11.1join and support self-regulation bodies, including private media and online media;
11.2make it easier for migrants, refugees and asylum seekers to express their views in contents relating to them;
11.3always clearly contextualise commentaries on the theme of migration and asylum and systematically rectify incorrect reporting;
11.4exercise a “media conscience clause”, declining to relay statements or contents that are anti-democratic or against freedoms.
12Regarding civil society organisations and associations, the Assembly:

22 January 2024

Tabled by the Committee on Political Affairs and Democracy

In the draft resolution, before paragraph 12, insert the following paragraph:

"Acknowledging the role that social media can play in exposing users to diverse sources of information and opinions, especially during electoral campaigns, and in line with Resolution 2281 (2019) "Social media: social threads or threats to human rights?", the Assembly invites social media platforms and tech companies to strengthen their efforts to identify, monitor and remove online content that promotes hatred, violence, and discriminatory discourses, while safeguarding freedom of expression and avoiding undue censorship, and signalling them to the competent authorities when the conditions require it."

12.1commends the commitment of the INGO Conference of the Council of Europe to a holistic approach on migration as stated in Recommendation CONF/AG(2023)REC2 “For a Global Approach of the Rights of Refugees and Migrants and the Role of Civil Society”, and encourages the Conference to promote the registration of migrant-led initiatives, including those founded by refugees and asylum seekers, and to facilitate their representation in the Conference;
12.2recommends that civil society organisations, including those founded by migrants, refugees and asylum seekers, actively communicate with political parties and with the media so as to share views and, where appropriate, recommendations on policies ahead of and during electoral campaigns;
12.3encourages research institutes to pursue the wide dissemination of their work on migration and asylum and encourages them to engage politicians by inviting them to public debates on the theme of migration and asylum.
13In light of the various issues raised in this resolution, the Assembly favours the development of a parliamentary co-operation project which will engage national parliaments on the role of political parties as guarantors of democratic security in Europe, in formulating a pluralistic political offer on the theme of migration and asylum in full respect of the norms and values of the Council of Europe.
14The Assembly calls for reinforced pan-European co-operation against hate speech and discrimination covering inter alia the treatment of migration and asylum during election campaigns. Such co-operation could involve the Organisation’s competent entities and its partners such as the Fundamental Rights Agency of the European Union (FRA), the European Network of National Human Rights Institutions (ENNHRI), the European Network of Equality Bodies (EQUINET) and the OSCE/ODIHR.