The recent approval by the Albanian constitutional court of a controversial migration agreement with Italy has significant implications for both countries and the migrants involved. Under the agreement, Italy will construct two processing centers in northern Albania to handle the arrival of 36,000 asylum seekers annually. While this deal still needs to be ratified by the Albanian parliament, Prime Minister Edi Rama’s majority makes it likely to pass easily.
This agreement outlines several key provisions. First, it stipulates that up to 3,000 migrants per month attempting to reach Italy by sea will be detained in processing centers near the Albanian port of Shengjin. These centers, funded by the Italian government, will operate under Italian law and Italian staff will oversee their operations, enjoying some immunity from Albanian law in certain cases. Once the migrants’ asylum claims are assessed, Italy will either resettle them from the centers or deport them. Albania will provide security personnel and police officers to support the operations.
The constitutional court’s ruling in favor of the agreement was not without controversy. The opposition in Albania had filed two petitions claiming that the deal violated the asylum seekers’ constitutional and international protections. However, the judges voted 5-4 to reject the application, arguing that the agreement does not establish new constitutional rights or freedoms beyond what the Albanian legal order already provides. They also dismissed claims that the agreement would grant Italy sovereignty over Albanian territory.
The approval by Italian MPs further solidifies the agreement’s path towards implementation. With 155 votes in favor and 115 against, the agreement will now proceed to the Italian Senate, where it is expected to gain approval as well. However, concerns have been raised by the United Nations High Commissioner for Human Rights, Volker Turk, who highlighted potential human rights issues relating to living conditions and arbitrary detention in Albania.
The impact of this migration deal extends beyond the immediate implications for Italy and Albania. Italian Prime Minister Giorgia Meloni, known for her staunch anti-immigration stance, promised to tackle illegal immigration during her election campaign in 2022. However, despite her efforts, Italy saw an increase of 52,000 migrants entering the country in 2023, totaling over 155,000. The collaboration with Albania, therefore, forms part of Meloni’s strategy to address the issue.
As the centers’ opening timeline remains uncertain, precautions must be taken to ensure the human rights and well-being of the migrants involved. The concerns raised by Volker Turk should not be overlooked, and both Italy and Albania must prioritize providing adequate living conditions and avoiding arbitrary detention. Close monitoring of the implementation process should be carried out by independent human rights organizations to hold both countries accountable.
Furthermore, efforts should be made to address the root causes of migration and invest in long-term solutions. Simply detaining or deporting migrants without addressing the underlying factors will not lead to sustainable outcomes. Italy and Albania should collaborate on initiatives that promote economic development, social stability, and improved living conditions in migrants’ countries of origin, which may help mitigate the need for migration in the first place.
It is also important for both countries to maintain transparency and engage in open dialogue with civil society organizations and international monitoring bodies. Regular reporting on the conditions and treatment of migrants in the processing centers should be ensured to promote accountability and uphold human rights standards.
In conclusion, the approval of the migration deal between Italy and Albania by the Albanian constitutional court carries significant implications. As the agreement progresses towards implementation, both countries must prioritize the well-being and human rights of the migrants involved. Mitigating the risks of arbitrary detention and ensuring adequate living conditions should be paramount. Additionally, efforts to address the root causes of migration and promote long-term solutions are vital in tackling the issue effectively and sustainably. Transparent reporting and engagement with civil society organizations can contribute to accountability and respect for human rights throughout the process.
