The European Implementation Network (EIN) is calling for applications by non-governmental organisations (NGOs) to participate in a thematic training seminar on advocating for full and effective implementation of judgments of the European Court of Human Rights (ECtHR, ‘the Court’) in the field of asylum and migration.
The Court has, over the past years, developed a large body of case law on a range of issues relating to refugee and asylum policy, procedural requirements in the migration process, the reception conditions of migrants and asylum seekers, and their access to remedies in states parties to the European Convention on Human Rights (ECHR). At the same time, advocating for the internationally recognised rights and freedoms of foreign nationals has become increasingly challenging in the face of a rise of populism across Europe, much of which has been fuelled by anti-immigration sentiment. It is therefore of paramount importance that asylum and immigration lawyers expand their strategies and develop new tools to uphold the rights of migrants, asylum seekers and refugees, including by more actively promoting the implementation of relevant ECtHR judgments.
NGOs are accorded a critical role in the Council of Europe’s (CoE) process that underpins the supervision by the Committee of Ministers (CM) of the implementation of these judgments (known as the CM judgment execution process). This is made possible under Rule 9.2. of the Rules of the CM. However, there is little readily accessible information on how this process works and how NGOs can engage with it to maximise its effect, with the result that this powerful mechanism for implementing human rights is underutilised.
The aims of the seminar are to equip NGOs to use the CM judgment execution process to support full and effective implementation of ECtHR judgments; and to share best practice on advocating for implementation of the Court’s judgments in the asylum and migration field at the national level.
Date and place of the seminar:
Date: Thursday, 11 – Friday, 12 October 2018
Place: Strasbourg, European Youth Centre (EYCS)
Arrival: In the afternoon/evening of Wednesday, 10 October
Departure: Friday, 12 October (afternoon at the earliest)
PLEASE FEEL FREE TO SHARE THIS CALL FOR APPLICATIONS WITH OTHER RELEVANT ORGANISATIONS.
The seminar will cover the following issues:
The CM execution process and the role of NGOs;
How to use Rule 9.2 submissions to advocate for effective implementation of the ECtHR’s asylum/migration case law at national level: case studies;
Rule 9.2 submissions: group exercises on developing general measures and/or responses to non-implementation. The session is aimed at helping participants who have not engaged with the CM judgment execution process to do so – acquiring knowledge and expertise from other participants.
Advocacy: EIN and Strasbourg-based advocacy; advocating for improved implementation structures at the national level.
The seminar will combine:
Presentations by experts on how to engage effectively with the CM judgment execution process;
Sharing of learning by participants who have already engaged with implementation of ECtHR judgments, whether through the CM judgment execution process or at the domestic level;
Group exercises to draft a Rule 9.2 submission on a case pending before the CM.
It is envisaged that case studies will address some of the following themes:
Ill-treatment in law enforcement of migrants, including asylum seekers;
Access to territory and collective expulsions;
Forced returns, freedom from torture and the right to an effective remedy;
Unlawful detention of migrants, including asylum seekers; and
Asylum procedures, reception and detention conditions (Dublin returns).
Staff of NGOs working on, or planning to work on, implementation of ECtHR judgments relating to asylum and/or migration; independent lawyers supporting NGOs in these activities.
Criteria for selection of participants:
Participants will be selected on the basis of following criteria:
The impact resulting from full and effective implementation of any (leading) cases their organisation is supporting.
Any relevant experience the participant is able to share. The training methodology requires a number of participants with particular attributes – some with experience in different aspects of implementation, others with cases which will be particularly suitable for group exercises.
Participants will be limited to one per NGO and are required to have a good working knowledge of English. They must be present for the full duration of the seminar.
Travel and accommodation expenses:
EIN will cover the costs of participants’ travel, accommodation, food and visas. Guidelines on the funding procedure will be provided to those applicants selected to participate.
Please complete the application form and return to Anne-Katrin Speck (firstname.lastname@example.org), with a copy to Agnes Ciccarone (email@example.com) by Friday, 17 August 2018. Please also arrange for your organisation to send a letter supporting your application, confirming that you have a good working knowledge of English and can be present for the full duration of the seminar.
The results of the application review will be made known to applicants in the first week of September.