While the European Commission is due to present new revised legislation on the return of irregular migrants in mid-March, and is continuing to reflect on the creation of ‘return hubs’ in third countries, including their possible inclusion in the body of this future legislation on returns, the European Union Agency for Fundamental Rights (FRA) published a ‘Position Paper’ on Thursday 6 February specifically calling on European legislators not to turn these ‘return centres’ into “rights-free zones”.
“The EU’s plans to set up centres in non-EU countries (so-called ‘return hubs’) must respect fundamental rights law”, insists FRA.
The ‘return hubs’ envisaged in third countries would temporarily receive migrants who have been ordered to leave the EU or a refusal of entry by a Member State, but who still need to be returned to their third country of origin or transit country.
The migrants will reportedly be accommodated there until the Member State and/or the European Border and Coast Guard Agency (Frontex) process their return to their country of origin, explains FRA. This concept was officially put forward by 15 Member States in May 2024, but the Commission has yet to give it substance.
“Even if they are located outside the EU, fundamental rights safeguards set out in EU law still apply there. Member States and/or Frontex would be accountable for rights violations at the hubs and during any transfers”, warns FRA.
FRA’s Position Paper sets out the following conditions for potential future ‘return hubs’ to comply with EU law: - the existence of a legal and enforceable decision for each person sent to such a hub, based on an individual assessment; - compliance with existing EU rules on returns, which prohibits the arbitrary detention or transfers of people who would be exposed to serious harm, or inhumane or degrading treatment; - an agreement with the host country, which is legally binding and must respect the rights enshrined under EU law. “An impact assessment of possible risks to fundamental rights and mitigation measures must be done before finalising the agreement”.
To be compliant, the agreement must set minimum standards for the conditions and treatment of third-country nationals in these centres, says the FRA, which also advocates independent monitoring to reduce the risk of human rights violations.
For further information: https://aeur.eu/f/fdo (Original version in French by Solenn Paulic)