Outsourcing migration policies to third countries, such as transferring migrants to other nations, carries serious risks, warned the Council of Europe.
The 46-member body has urged governments to remain vigilant about the potential dangers faced by migrants in third countries, including torture and death upon deportation. Increasingly, countries are turning to externalisation, shifting the management of migration to other states.
“This kind of policy exposes men, women, and children to significant risks of severe trauma and prolonged suffering,” said Michael O’Flaherty, the Council’s human rights commissioner, in a newly released report.
Since Donald Trump returned to the White House in January, his administration has made deals enabling the deportation of foreign migrants to countries such as South Sudan, Eswatini, El Salvador, and Rwanda. Many of these migrants do not originate from these nations, leading to criticism over the fairness and ethics of such agreements.
The UK previously pursued a similar policy under a deal with Rwanda. However, the plan, which aimed to send migrants to the African nation, faced legal and political challenges. It was scrapped almost immediately following the Labour government’s assumption of power under Keir Starmer in July last year.
More recently, London and Paris have implemented a bilateral agreement. Under this deal, the UK can transfer migrants intercepted crossing the English Channel by boat—whose asylum claims are deemed inadmissible—back to France. In return, France is permitted to send an equal number of asylum seekers to the UK.
The Starmer-led government is also exploring the possibility of creating so-called “return hubs” in foreign countries. Under this plan, rejected asylum seekers would be housed in these centres before being deported to their home nations.
Italy has already partnered with Albania to establish two migration centres in 2023, located in Gjader and Shengjin. The centres, managed by Italy, are intended to process asylum claims made by migrants rescued in the central Mediterranean.
Other European nations have expressed interest in adopting similar externalisation measures. However, the Council of Europe has cautioned such policies could lead to serious human rights violations. Migrants sent to third countries risk not only torture but also arbitrary detention, mass deportation, and denial of access to asylum or legal assistance, the organisation warned.
Governments seeking to externalise migration policies must weigh the potential harm such measures can inflict on vulnerable populations, the Council of Europe reiterated, urging nations to uphold their commitments to human rights and democratic principles.
