2024-01-22 16:35:41
© picture alliance / Daniel Kubirski | Daniel Kubirski
Italian parliamentarians must reject the agreement with Albania to detain people rescued at sea by Italian boats in that country, Amnesty International said today, as debate on the ratification of the agreement begins in the Italian Parliament.
The plan to build migrant detention centers in Albania is part of the international trend of transferring border control and the processing of asylum applications to third countrieswhich constitutes a threat to the human rights of migrants and refugees and could cause further suffering.
“This agreement, which outsources the processing and detention of asylum cases outside its national borders, is another shameful attempt by Italy to once again circumvent international law and EU legislation, possibly with serious consequences for people seeking asylum.” ”said Matteo de Bellis, Amnesty International researcher on migration and asylum.
“Under the proposed unworkable, harmful and illegitimate agreement, people who are in danger would be subjected to long and unnecessary sea transfers that would lead to their automatic and potentially prolonged detention, in violation of international law.”
Amnesty International has carried out a comprehensive new analysis outlining its concerns about the likely negative human rights effects of the Italy-Albania agreement.
Between the central Mediterranean, where most crossings and shipwrecks occur, and Albania, there are hundreds of kilometers of distance, and therefore the agreement clearly violates Italy’s obligation to allow the disembarkation of people rescued at sea as soon as possible. as soon as possible after his rescue. Furthermore, it may also weaken the overall search and rescue system, which would likely jeopardize the safety of people in need of maritime rescue.
Under this agreement, and unlike other European countries that attempted outsourcing – such as the United Kingdom in its bill for an agreement with Rwanda – jurisdiction over the centers located in Albania would remain with Italy. While this ostensibly ensures access to procedural guarantees and asylum rights under Italian and EU law, in reality access to these guarantees could be seriously hampered.
All people taken to the centers in Albania, including asylum seekers, would be automatically detained. Automatic detention is inherently arbitrary and therefore illegitimate. Combined with recent changes to Italian law, this agreement could lead to continued detentions of more than 18 months. Furthermore, access to representation and free legal assistance for these people to challenge in Italy, from Albania, the legality of their detention would inevitably be very difficult, increasing the risk of arbitrary detention.
The agreement also carries the danger of undermining the system for the identification and protection of children, pregnant women, survivors of trafficking and torture and other groups of people who need specific attention: it does not clarify how assessments would be carried out to determine the vulnerability of a person, nor how minors and people belonging to other vulnerable groups, who cannot be detained, would be protected.
“Children, pregnant women and survivors of trafficking and torture would suffer long and unnecessary sea transfers and, due to deficiencies in screening processes, could be exposed to further harm. People who disembark in Albania will be arbitrarily detained, in addition to facing great difficulties in accessing asylum and effective reparation for human rights violations,” said Matteo de Bellis.
“Instead of ratifying this harmful agreement, Italian parliamentarians should support measures that guarantee adequate reception in Italy, access to an effective asylum application procedure and safe and regular access routes, especially for people seeking international protection.”
Additional information
On November 6, 2023, the Italian government signed an agreement with Albania to build two centers on Albanian territory where people rescued or intercepted at sea by Italian vessels would be detained. The agreement seeks the extraterritorial processing of asylum applications, as well as the extraterritorial detention of people for forced repatriation, with the stated objective of deterring maritime crossings.
Albania has temporarily suspended ratification of the agreement until its Constitutional Court examines the legality of the procedure followed for its conclusion.
#Parliament #reject #impracticable #harmful #illegitimate #migration #agreement #Albania