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The European Commission must intervene, both to assess whether the plan is in line with Italy's obligations under the EU Charter of Fundamental Rights and EU asylum law, and to send a clear message to Albania that its admission to the EU requires it to respect these standards.
The International Organization "Human Rights Watch" has criticized Italy's agreement to set up migrant camps in Albania, underlining that it violates international law and is abusive and carries many risks for the rights of the people who will be sent there, especially those that weak, vulnerable.
"Judith Sunderland, Associate Director, Europe and Central Asia Division, in an opinion published today in Human Right Watch, states that "Italy's detention agreement with Albania violates international law and is abusive in many respects, including the creation of possible legal oblivion for vulnerable people. However, the plan – to keep in Albania the persons detained or rescued by Italy in the Mediterranean Sea – seems to be realized.
On January 29, the Albanian Constitutional Court said that the agreement does not violate the Albanian Constitution, paving the way for parliamentary review in Albania. In Italy, the deal is now before the Senate, having passed the lower house of parliament in early January.
The plan commits Italy to set up two detention centers with a capacity of 3,000 people in Albania, where people defined as adult men, including asylum seekers caught at sea by the Italian coast guard and military vessels, will be sent for identification, asylum processing and repatriation . Women, children and anyone categorized as "vulnerable" were excluded. According to some estimates, the plan could cost 700 million euros over the first five years.
Italy's latest attempt to abdicate its responsibilities is guaranteed to violate people's rights. After its abusive deal with Libya, Italy now wants to take people who have effectively reached the country out of the EU, violating basic principles of rescue at sea and undermining asylum rights and freedom from arbitrary detention. It is also unlikely to prevent people from making dangerous boat crossings.
The plan raises many questions. How will the diversion of Italian rescue ships to land in Albania, instead of the nearest safe Italian ports, affect Italy's search and rescue operations in the Mediterranean? Will families be separated? Where, how and by whom will "vulnerable" people be identified? How will the Italian authorities guarantee fair asylum procedures or judicial review of detention in Albania?
It is unclear which law will apply. Italy says Italian and EU law, but the European Commission initially said the plan is "outside EU law". He later reversed course, saying he would monitor implementation to assess "compliance with EU law". The Albanian Constitutional Court said that Albanian law would also apply in detention centers.
The Council of Europe Commissioner for Human Rights warned that "the lack of legal certainty is likely to undermine the essential guarantees of human rights". The UN High Commissioner for Human Rights said last week that similar extraterritorial arrangements "have caused great suffering and damage".
The European Commission must intervene, both to assess whether the plan is in line with Italy's obligations under the EU Charter of Fundamental Rights and EU asylum law, and to send a clear message to Albania that its admission to the EU requires it to respect these standards."
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