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".
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