TIRANA, Nov. 15, 2023 – There are human rights concerns over a recently concluded agreement between Italy and Albania regarding the disembarkation and processing of asylum applications for irregular migrants rescued at sea, Council of Europe Commissioner for Human Rights Dunja Mijatović said this week.
Mijatović joined a growing chorus of domestic and international voices expressing concern about the Memorandum of Understanding between the two governments.
“The MoU raises a range of important questions on the impact that its implementation would have for the human rights of refugees, asylum seekers, and migrants. These relate, among others, to timely disembarkation, impact on search and rescue operations, fairness of asylum procedures, identification of vulnerable persons, the possibility of automatic detention without an adequate judicial review, detention conditions, access to legal aid and effective remedies,” Mijatović said in a statement.
She further highlighted that the MoU creates “an ad hoc extra-territorial asylum regime characterized by many legal ambiguities. In practice, the lack of legal certainty will likely undermine crucial human rights safeguards and accountability for violations, resulting in differential treatment between those whose asylum applications will be examined in Albania and those for whom this will happen in Italy.”
The Albanian and Italian government have reiterated that they will go ahead with the plan despite the criticism received.
Albanian Prime Minister Edi Rama said this week that the agreement will be subject to a vote in the Albanian parliament, responding to criticism that he did not consult any institutions before signing the deal.
According to Mijatović, however, the Albania-Italy deal is indicative of a wider trend among Council of Europe member states to pursue various models of externalizing asylum as a potential ‘quick fix’ to the complex challenges posed by the arrival of refugees, asylum seekers and migrants.
“Ensuring that asylum can be claimed and assessed on member states’ own territories remains a cornerstone of a well-functioning, human rights-compliant system that provides protection to those who need it,” Mijatović added.
She urged member states to focus on improving the efficiency and effectiveness of their domestic asylum and reception systems and cautioned against allowing the ongoing discussion about externalization to divert much-needed resources and attention away.
“Similarly, it is crucial that member states ensure that international cooperation efforts prioritize the creation of safe and legal pathways that allow individuals to seek protection in Europe without resorting to dangerous and irregular migration routes,” she added.
