\u201cThe Memorandum of Understanding (MoU) between Italy and Albania on disembarkation and the processing of asylum applications, concluded last week, raises several human rights concerns and adds to a worrying European trend towards the externalization of asylum responsibilities,\u201d said today the Council of Europe Commissioner for Human Rights, Dunja Mijatovi\u0107, in a written response to Euronews Albania.<\/p>\n
The agreement was signed on November 6 by the Prime Minister of Albania, Edi Rama, and the Italian Prime Minister, Giorgia Meloni. According to it, Italy will begin sending migrants it intercepts and rescues in the Mediterranean to Albania, with the process set to commence next spring.<\/p>\n
The Albanian Government revealed that Italy has already provided 16.5 million euros as an advance payment for the costs associated with hosting migrants in camps on Albanian territory, as stipulated in the agreement.<\/p>\n
However, many of the details surrounding the implementation of this agreement, are still largely unknown, with human rights being the main concern articulated so far.<\/p>\n
\u201cThe 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. 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,\u201d continues Mijatovi\u0107.<\/p>\n
The two prime ministers behind the agreement have cited three objectives, namely \u201ccombating illegal trafficking, preventing irregular migration flows, and providing refuge for those with legitimate claims for protection\u201d.<\/p>\n
However, Amnesty International contended that the agreement essentially revolves around the \u201creturn\u201d of migrants, a practice that is prohibited by both international and European law. Italy faced condemnation by the European Court of Human Rights in 2012 for unlawfully pushing back African migrants and asylum seekers at sea.<\/p>\n
\u201cThe MoU is indicative of a wider drive by Council of Europe member states to pursue various models of externalizing asylum as a potential \u2018quick fix\u2019 to the complex challenges posed by the arrival of refugees, asylum seekers and migrants. However, externalization measures significantly increase the risk of exposing refugees, asylum seekers and migrants to human rights violations. The shifting of responsibility across borders by some states also incentivizes others to do the same, which risks creating a domino effect that could undermine the European and global system of international protection,\u201d Mijatovi\u0107 further explains.<\/p>\n
The Council of Europe Commissioner for Human Rights concludes that EU member states should focus on improving domestic asylum reception systems, rather than externalizing attention from this.<\/p>\n
\u201cEnsuring that asylum can be claimed and assessed on member states\u2019 own territories remains a cornerstone of a well-functioning, human rights compliant system that provides protection to those who need it. It is therefore important that member states continue to focus their energy on improving the efficiency and effectiveness of their domestic asylum and reception systems, and that they do not allow the ongoing discussion about externalization to divert much-needed resources and attention away from this. Similarly, it is crucial that member states ensure that international co-operation 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.\u201d<\/p>\n
A protocol released by the Albanian Government on November 7, designates that the entry of migrants into Albanian territorial waters and territory will be solely administered by Italian competent authorities. Albanian authorities will facilitate the entry and stay of migrants in Albanian territory for the sole purpose of conducting border procedures or repatriation, as stipulated by Italian and European legislation, and only for the time strictly necessary.<\/p>\n
The protocol, as disclosed by the Albanian Government, outlines Italy\u2019s responsibility for bearing any necessary expenses for the accommodation and care of migrants, including provisions for food, healthcare, and any other services deemed essential, while ensuring that the treatment aligns with the fundamental rights and freedoms of individuals, as defined by international law.<\/p>\n
Italy, as part of the agreement, will fund all healthcare services and equipment, encompassing vehicles and fuel, as well as payments for legal representation. Meanwhile, Albania will provide facilities for Italian personnel working in Albania, exempting them from visa requirements, residence permits, and other obligations dictated by Albanian migration laws.<\/p>\n
This agreement pertains to about 3,000 individuals, with the potential for a yearly migrant flow of up to 36,000 individuals. However, the agreement does not cover minors, pregnant women, and other vulnerable groups, as indicated by Meloni on November 6.<\/p>\n
Prime Minister Edi Rama expressed that similar requests had been presented by other European Union member states, but these were declined. He emphasized a sense of \u201cindebtedness\u201d toward Italy for its actions in support of Albanian migrants.<\/p>\n
Albania has previously offered shelter to thousands of Iranian and Afghan migrants, with some of them still residing in dedicated camps.<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cThe Memorandum of Understanding (MoU) between Italy and Albania on disembarkation and the processing of asylum applications, concluded last week, raises several human rights concerns and adds to a worrying European trend towards the externalization of asylum responsibilities,\u201d said today the Council of Europe Commissioner for Human Rights, Dunja Mijatovi\u0107, in a written response to […]<\/p>\n","protected":false},"author":24,"featured_media":62543,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[153],"tags":[870,270,5152,308,991,889,150,243,151,2517,1265,5134,5153,477],"acf":[],"yoast_head":"\n