Samenvatting

The main purpose of this research is to explore the effectiveness of the use of soft power of the Council of Europe (CoE), in safeguarding the rights of asylum seekers who face administrative detention in the Netherlands. The research focusses on the implementation of different human rights rules and regulations set out universally, regionally and nationally. In addition, the execution of the powers of the CoE are discussed and the effectiveness is measured according to the theory of the American political scientist, Joseph Nye.

The primary method of analysis is qualitative research and the main sources of the research are two Commissioner’s reports with recommendations published after visiting the Netherlands, together with resolutions and reports of the Parliamentary Assembly. Furthermore, two interviews were conducted to retrieve primary data to explore the Dutch asylum policy and the working of the CoE.

This research shows that the CoE is able to demand action from the Dutch Government, however, the rights of asylum seekers are still at stake as asylum seekers are (systematically) placed in administrative detention. Asylum seekers cannot rely on the CoE, to safeguard their rights stated in the European Convention of Human Rights. The implementation of Resolutions and recommendations made by the CoE, could take up to 2 years and implementation depends on the willingness of the Netherlands to adjust the asylum policy. In addition, the enforcement power of the CoE is limited.

The main findings of this research is that the CoE is not as effective as it could be in achieving its goals to maintain, protect, monitor and improve its core values, mainly human rights, for all people within the borders. In addition, the CoE could also improve on the safeguarding of the rights of the asylum seekers in the Netherlands.

Several recommendations are suggested to improve the effectiveness of the CoE. The Committee of Ministers of the CoE are advised to meet the Ministers of the Netherlands and other member states more regularly to give more feedback to the Netherlands. More specifically, it is recommended to give more positive feedback to the Netherlands when the provisions that are stated in the European Convention on Human Rights are complied with. In addition, the research also emphasizes that the Netherlands should attach more value on the importance of reports by the CoE.