Council of Europe concerned about Italy-Albania agreement

(ANSA) - ROME, NOV 13 - The Council of Europe on Monday expressed concern about the agreement Rome and Tirana reached last week for Italy to set up migrant centres in Albania.
    "The 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 externalisation of asylum responsibilities," said Dunja Mijatović, the Council of Europe Commissioner for Human Rights.
    Mijatović said the MoU raises questions about the impact that its implementation would have for the human rights of refugees, asylum seekers and migrants. These relate to issues such as timely disembarkation, the impact on search and rescue operations, the fairness of asylum procedures, the identification of vulnerable persons, the possibility of automatic detention without an adequate judicial review, detention conditions, access to legal aid, and effective remedies. She said the MoU creates an "ad hoc extra-territorial asylum regime characterised 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," Mijatović continued.
    She said the agreement was "indicative of a wider drive by Council of Europe member states to pursue various models of externalising asylum as a potential 'quick fix' to the complex challenges posed by the arrival of refugees, asylum seekers and migrants".
    She said externalisation 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 incentivises others to do the same, which risks creating a domino effect that could undermine the European and global system of international protection," the commissioner added. "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.
    "t 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 externalisation to divert much-needed resources and attention away from this. "Similarly, it is crucial that member states ensure that international co-operation efforts prioritise the creation of safe and legal pathways that allow individuals to seek protection in Europe without resorting to dangerous and irregular migration routes".
    (ANSA).