The Rama-Meloni/ KiE agreement raises a number of human rights concerns

2023-11-13 12:51:00, Aktualitet CNA

The Rama-Meloni/ KiE agreement raises a number of human rights concerns

Edi Rama and Giorgia Meloni

The European Commissioner for Human Rights at the Council of Europe, Dunja Mijatovic, has stated that the agreement between Albania and Italy on migrants raises some human rights concerns and adds to a worrying European trend towards the outsourcing of asylum responsibilities.

"The Memorandum of Understanding (MoU) between Italy and Albania on the landing and processing of asylum claims, finalized last week, raises some human rights concerns and adds to a worrying European trend towards outsourcing of asylum responsibilities," Mijatovic said.

She emphasized that this agreement raises a number of questions about the impact its implementation will have on the human rights of refugees, asylum seekers and immigrants.

"The Memorandum of Understanding raises a number of important questions about the impact its implementation will have on the human rights of refugees, asylum seekers and migrants. These relate, inter alia, to timely disembarkation, impact on search and rescue operations, fairness of asylum procedures, identification of vulnerable persons, possibility of automatic detention without adequate judicial review, conditions of detention, access to legal aid and effective legal remedies", said Mijatovic.

In a statement published on the website of the Council of Europe, it is said that the Memorandum of Understanding creates an ad hoc extraterritorial asylum regime characterized by many legal uncertainties.

"In practice, the lack of legal certainty is likely to undermine essential human rights guarantees and accountability for violations, resulting in different treatment between those whose asylum claims will be processed in Albania and those for whom this will happen in Italy", says the statement.

The statement underlines that asylum can be the most efficient solution.

However , external measures significantly increase the risk of refugees, asylum seekers and migrants being exposed to human rights violations. Shifting responsibility across borders by some states also encourages others to do the same, which risks creating a domino effect that could undermine the European and global system of international protection.

The guarantee that asylum can be sought and assessed in member states' 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 debate about "externalisation" to divert resources and attention too much. necessary from this. Similarly, it is essential 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." quoted in the statement. / CNA