Michael O'Flaherty

Michael O’Flaherty made the remarks today as he published a new report, entitled Externalised asylum and migration policies and human rights law, which highlights the challenges that come with such arrangements.

In the absence of adequate human rights preconditions and safeguards, externalisation policies might result in people being subjected to torture or other ill-treatment, collective expulsions and arbitrary detention or may put their lives in danger, it stresses.

Such policies might also hinder effective access to asylum and deprive individuals of legal remedies. 

Mr O’Flaherty said: “External co-operation on asylum and migration needs to be designed and implemented with great care, so as not to put human rights at risk.

“Governments developing externalisation policies in this field should carefully assess their potential negative impact on human rights, as such policies can expose women, men and children to significant risks of serious harm and protracted suffering.”

Today’s report identifies three areas in which risks are particularly acute: external processing of asylum claims; external return procedures, including through so-called “return hubs”; and the outsourcing of border control to other countries, some of which have a documented history of serious violations against people on the move.

In view of the human rights challenges that these measures may entail, the commissioner makes four main recommendations to Council of Europe member states, acting individually or collectively, including in the context of membership of the EU.

First, states should adopt a precautionary approach by carrying out comprehensive human rights risk assessments, developing adequate risk mitigation strategies before engaging in external co-operation, and reviewing ongoing activities for their human rights impact.

Second, they should define clear and non-negotiable principles that exclude any cooperation likely to put people at risk of human rights violations, and ensure that children and other vulnerable people are never subjected to externalised procedures.

Third, they should ensure adequate human rights preconditions and safeguards, adapted to each model of co-operation, including preventing the shifting of responsibility to other countries, ensuring no one is transferred to a partner country without a rigorous individual assessment, and limiting any use of return hubs to specific, clearly defined situations.

Fourth, they should strengthen transparency, monitoring and accountability, through robust agreements, transparent information-sharing, independent monitoring, and effective investigations of any alleged violations.

“As European states continue to pursue externalisation, the impact on the human rights and dignity of people on the move must not be overlooked,” Mr O’Flaherty said.

“Member states should assess the risks involved, commit to strong legal guarantees, and ensure scrutiny of their actions. This is crucial for their policies to be in line with their legal obligations to uphold human rights at home and internationally.”