What is the Italy-Albania deal on migration ?
An agreement between Italy and Albania will see some migrants who are rescued at sea transferred to centers outside the EU’s borders for their asylum claims to be processed. InfoMigrants takes a look at what is in the deal.
Since the leaders of Italy and Albania signed the deal last year agreeing to cooperate on the processing of asylum claims, most of the news reports have been about the costs and delays in the project. But what is actually in the agreement, or Protocol, as it is called, between the Italian and Albanian republics?
Essentially, this deal provides for some (but not all) migrants who are rescued at sea by Italian ships to be taken directly to Albania, where their asylum claims will be processed.
Italian Prime Minister Giorgia Meloni has said this will reduce the number of undocumented migrants coming to Italy, and has the potential to become “part of the solution” for the EU.
Two centers have been constructed in Albania for asylum seekers to be processed and detained prior to deportation or sent on to Italy. As of August 2024, they were yet to open.
Some EU member states and the European Commission, as well as the UK prime minister Keir Starmer, have welcomed the agreement. But the deal has many critics: the UN refugee agency, for one, has raised concerns about its impact on human rights, while the opposition in Italy has called the centers “Italy’s Guantanamo.”
The context
Albania is not a member of the European Union or the Schengen Area. It applied for EU membership in 2009 and is in accession negotiations, so it is in the country’s interests to show support and cooperation for the policies of the bloc.
Italy’s government came to power on the back of promises to cut irregular migration, and the deal with Albania is one of several measures aimed at achieving that. Others include enhanced cooperation with Libya and Tunisia to boost border control and prevent migrant departures.
The prime ministers of the two countries announced that the agreement had been signed on November 6, 2023 and would run for five years, to be automatically extended. It was agreed that centers would be built in the Albanian towns of Shengjin, about 75 kilometers south of the Albanian capital Tirana, and Gjader. They will be able to accommodate jointly up to 3,000 people at a time.
The facilities, though on Albanian soil, will be staffed by Italian personnel and will operate under Italian jurisdiction. External security will be provided by Albanian staff.
The cost of the scheme has been reported to be 670 million euros over five years, paid for by the Italian government.
Who will be sent to the Albanian centers?
The agreement will apply to a limited number of asylum seekers, amounting to a small proportion of the total number of people arriving in Italy.
Importantly, it only concerns people who are rescued at sea and taken onboard vessels of Italian authorities outside the territorial waters of Italy or other EU member states.
It is also restricted to those migrants who come from countries deemed ’safe’ by Italy. As of May 7, 2024 there were 22 such countries: Albania, Algeria, Bangladesh, Bosnia and Herzegovina, Cameroon, Cape Verde, Colombia, Gambia, Georgia, Ghana, Egypt, Ivory Coast, Kosovo, Nigeria, North Macedonia, Montenegro, Morocco, Peru, Senegal, Serbia, Sri Lanka, Tunisia.
While the agreement itself does not mention them specifically, Italian authorities have said the deal does not apply to vulnerable people, such as pregnant women and minors.
However, concerns have been raised about the process of screening migrants onboard rescue ships, and whether rescuers will be able to identify those who are vulnerable to ensure that they are not sent to Albania.
How will it work?
Migrants who fit the above criteria will be sent directly to Albania after they are picked up at sea. Once there, they will be able to apply for asylum in Italy.
The Italian government has said the aim is to examine claims under accelerated or ’fast-track’ border procedures within 28 days. The current general procedure in Italy takes months.
All those whose applications for protection are accepted will be brought to Italy.
Since the migrants will be from countries that are deemed safe, it is expected that the majority of applications will be refused.
Rejected applicants will be detained before being returned to their countries. However, as many governments refuse to take back their citizens, it is possible that migrants will remain in detention for extended periods.
What will happen inside the centers?
Migrants who are taken to the two centers in Albania will be formally identified and fingerprinted.
The fast-track asylum procedures will be applied to those from ’safe’ countries and to those who have eluded border controls or attempted to do so. Those due for detention and expulsion will be sent to the Gjader center.
Critics, such as Human Rights Watch’s Judith Sunderland, have pointed out that even in countries that are considered safe, people can still face human rights violations. Sunderland is concerned that fair asylum procedures cannot be guaranteed under the deal.
The UN refugee agency UNHCR announced in August 2024 that it would monitor the first three months of the agreement “to help safeguard the rights and dignity of those subject to it.”
What does Italy want out of the deal?
Italy has said it will relieve overcrowding in its reception centers. Prime Minister Meloni also says the centers will act as an “extraordinary deterrence” for people thinking of coming to Italy.
Arrivals in Italy this year have already dropped, however, compared with last year. There is also disagreement about whether deterrent policies have the intended effect.
What will Albania get out of the deal?
The agreement is seen as a step towards securing Italy’s support for Albania’s bid to join the EU. Albanians have also said it is a way of repaying Italy for its welcoming stance towards Albanians fleeing poverty after the fall of communism in 1991.
Is the deal the same as the defunct UK-Rwanda deal?
No. A major difference is that under the Rwanda plan of the previous UK government, people sent to the East African country would not have been able to return to the UK even if Rwanda granted them refugee status.
Another distinction is that migrants sent to Albania will be under Italy’s jurisdiction, whereas if asylum seekers had been sent to Rwanda, they would have been subject to the laws of that country.
Even though the Italian state will be responsible for asylum applications made in Albania, concerns have been expressed that it may not be possible to guarantee the same level of protection, in terms of both asylum procedures and physical reception conditions, outside Italian territory.
An English translation of the Protocol between the governments of Italy and Albania can be found here: ►https://odysseus-network.eu/wp-content/uploads/2023/11/Protocol-between-the-Government-of-the-Italian-Republic-and-the-Cou
▻https://www.infomigrants.net/en/post/59313/what-is-the-italyalbania-deal-on-migration
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