On Thursday, Ursula von der Leyen, President of the European Commission, put forth a proposal for the establishment of “return hubs” in non-EU countries as a strategy to counteract irregular migration. This initiative was detailed in a letter to Commission members, highlighting the Italy-Albania protocol as a potential framework for these hubs.
The Italy-Albania protocol is a bilateral arrangement wherein unaccompanied male asylum seekers rescued at sea are taken to processing facilities in Albania. According to Meloni, the Italian President, this agreement excludes children, pregnant women, and other vulnerable groups from relocation. However, it has raised concerns regarding compliance with international law, particularly obligations related to maritime rescue operations. Guidelines by the International Maritime Organization stipulate that time at sea for rescued persons should be minimized, yet Amnesty International’s report argues that detention sites in Albania remain distant from rescue zones.
The protocol’s detention mechanisms have also been criticized for potential overreach, as detention can last beyond 28 days, challenging the liberty rights of migrants. These practices seem to conflict with the UNHCR detention guidelines, which call for minimal and legally structured detention. Additionally, Amnesty International points to procedural issues like deficient access to legal counsel and challenges in fulfilling international oversight commitments.
The backdrop of this proposal is a significant upsurge in irregular migration to the EU, with 2023 marking an all-time high since the 2015 migration crisis, as reported by the European Parliament. Countries such as Poland and Germany have responded with stricter border measures and revised asylum processes to curb the flow.
As Europe faces heightened migration challenges, von der Leyen’s endorsement of return hubs suggests a strategic pivot in managing asylum claims beyond EU borders while drawing lessons from current bilateral agreements.
For further details, the full article is available on JURIST.