The Division on Migration and Refugees (DMR), which is part of the Council of Europe'sDirectorate of human rights, has adopted a series of changes on migration and asylum matters, which were published in an 11-page reference document on March 24. These represent an update of a document originally published in August last year. The document presents an overview of existing major, non-binding instruments adopted by Council of Europe institutions over the years, but is not meant to be intepreted as a new set of guidelines.*

In it, the transnational body doubles down on many of its fundamental core tenets — including principles such as ensuring access to fair and efficient asylum procedures, the principle of treating all applicants equally during asylum procedures regardless of their background and origin, and the principle of non-refoulement, which prohibits pushbacks across national borders of people seeking asylum,

The document also includes a new section on the use of artificial intelligence (AI) in migration management.

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New focus on AI applications in migration

The new section on AI comes in response to the growing application of this new technology in many states; the reference paper says that Council of Europe bodies acknowledge "the transformative role of artificial intelligence (AI) in migration management, highlighting its potential to enhance efficiency and service accessibility for migrants, refugees, and asylum seekers."

The Council of Europe further highlights that these changes are intended to address "the growing relevance of AI in migration governance, reflecting emerging challenges and opportunities in areas such as asylum procedures, border management and the protection of fundamental rights."

The Council of Europe says the new guidelines, including its section on AI, are designed to serve as "practical" tools for governments and policymakers to strengthen on "migration and refugee protection across Europe."

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'Non-binding' law

The document generally provides what the Council of Europe calls an "overview of selected non-binding instruments of key Council of Europe institutions, including the Committee of Ministers, the Parliamentary Assembly and the Congress of Local and Regional Authorities."

It further says that the new reference document aims to facilitate "access to relevant standards for stakeholders at national and international levels."

The UK and Denmark, in particular, have been calling for — at the very least — a reinterpretation of how the European Convention on Human Rights (ECHR) can be applied in asylum matters, especially in regards to the prospect of sending failed asylum seekers to third countries.

The non-binding status of the reference document effectively means that any breach can be identified as an instance of breaking international law but cannot be prosecuted as such. 

The Council of Europe is broadly in charge of ensuring that the principles of the ECHR are upheld, and oversees the function of the European Court of Human Rights, which in turn is responsible for mitigating ECHR disputes. 

While all European Union member states are members of the body, there are nearly as many additional countries spanning locations in Europe to North Africa and all the way to Asia which are signatories too.

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*This article was updated on April 2 to clarify what the document was intended for, which was to provide an overview of existing non-binding instruments adopted by CoE institutions. This was at the request of the CoE.