Extraterritorial Asylum Processing: Merz and Meloni's Planned Collaboration on Migration
Migration Integration Pact Proposed by Merz and Meloni
Asylum processing in third countries entails handling asylum applications outside the initial hosting nation. This method, also known as extraterritorial processing, forms part of externalization strategies where nations try to control migrant inflows by assigning asylum claim handling to other countries. Examples include "safe third country" agreements, where asylum seekers are returned to a transit country assumed safe.
During his inaugural visit to Rome, German Chancellor Merz expressed eagerness to partner with third countries to curb irregular European migration. "Our goal is to tackle irregular immigration into the European Union more decisively," Merz stated at a joint press conference with Italian Prime Minister Meloni. He explicitly stressed that Germany would no longer serve as an obstacle to problem-solving within the EU.
Merz and Meloni agreed to fortify cooperation with third countries concerning secondary migration. The German Chancellor applauded Italy's recent collaborations with specific Mediterranean neighbors, stating their intention to support these initiatives.
Legal Ramifications and Issues
Legal Standing
- International Responsibilities: Countries implementing extraterritorial processing must abide by international refugee and human rights law, including the 1951 Refugee Convention and the European Convention on Human Rights (ECHR) in the European context[1][2].
- Procedural Safeguards: Such agreements ought to guarantee fair and efficient asylum procedures, prevent arbitrary detention, and uphold the right to freedom of movement[1].
Obstacles
- Human Rights Concerns: The human rights implications of sending asylum seekers to countries potentially lacking sufficient protections may become a concern[2][3].
- Individual Assessments: Careful assessments of each asylum seeker's case are crucial to prevent exposing them to potential risks, such as chain refoulement[2].
- Transparency and Monitoring: Insufficient transparency and independent oversight may lead to infringement of asylum seekers' rights[1].
Germany and Italy's Engagements
Germany
- Policy Perspective: Germany has not been a frontrunner in extraterritorial processing but has backed EU-wide initiatives to control asylum flows, including through the EU's external border management policies.
- Safe Country Ideas: Germany, like other EU countries, employs safe country principles to return asylum seekers to presumed safe destinations, yet individual assessments are necessary to ensure ECHR compliance[1].
Italy
- Safe Country Accords: Italy has been engaged in cooperative arrangements with other countries to manage asylum flows, but specific details on extraterritorial processing agreements are scarce. Italy has faced criticism for its management of asylum seekers, particularly concerning the Libyan coast guard's migration interception[3].
- Challenges: Italy encounters challenges in guaranteeing asylum seekers' rights, especially in scenarios involving third countries, as exemplified by broader EU externalization policy issues[3].
Outlook
Navigating the complexities of extraterritorial asylum processing while adhering to international law and safeguarding asylum seekers' rights will be crucial. Lack of consistent criteria for determining safe third countries and the necessity for increased transparency in these procedures remain ongoing issues. Merz and Meloni's plans to explore the Italian model for processing asylum applications in third countries may shed light on potential strategies for addressing the migration challenge while ensuring respect for human rights.
[1] UNHCR, Extraterritorial Processing of Asylum Seekers: A Guide (2019).[2] European Commission, Communication on Return Policies (2018).[3] Amnesty International, Pushing Back: The EU's Approach to Asylum Seekers and Migrants (2021).[4] Human Rights Watch, Migrants' Rights at Sea: A Russian Doll of Misery (2021).
- Community policy discussions may center on the legal implications of Germany and Italy's planned collaboration on migration, ensuring adherence to international refugee and human rights laws during extraterritorial asylum processing.
- Employment policy within the European Union could be influenced by Merz and Meloni's partnership, as increased cooperation with third countries concerning migration might dictate job roles in handling asylum applications, given the focus on controlling irregular immigration.
