Italian authorities have recently taken significant steps as the first group of migrants sent to Albania for processing has returned to Italy, marking the early challenges of a controversial new agreement. On Saturday, October 19, 2024, the Italian navy dispatched the ship Libra, which brought back twelve migrants. These individuals had been initially sent to Albania to be processed under Italy's newly devised framework aimed at managing illegal migration.
The migrant return to Italy wasn’t just about the individuals, but rather linked to serious legal battles about their treatment. Prior to their return, these twelve migrants were supposed to be part of Italy and Albania's five-year deal. This deal was touted as promising to offshore the processing of migrants picked up at sea to Albania, where they would face vetting for asylum or be sent back to their home countries.
The deal had Italian Premier Giorgia Meloni singing its praises, labeling it as a 'new model' for dealing with the migrant crisis. Yet the legal realities were starkly different. On Friday, October 18, the Court of Rome issued a ruling against the detention of those twelve migrants. The decision was based on the court’s view of the dangers present within their countries of origin—Bangladesh and Egypt—which were deemed insufficiently safe for deportation under current international asylum standards.
According to the ruling, the risk of persecution or discrimination, even if not widespread, could prevent migrants from being returned to countries like Bangladesh and Egypt. This was extended to the fact the laws governing these lands do not afford the rights and protections needed for safe repatriation.
Meloni expressed her frustration, arguing vehemently against what she perceived as judicial overreach. “Deeming countries like Bangladesh and Egypt unsafe means virtually all migrants would be barred from the Albania program. This makes it unworkable,” she stated. Interior Minister Matteo Piantedosi also indicated plans to appeal the court ruling, hoping to find legal ways to circumvent these obstacles.
Interestingly, the Italian ship Libra had initially brought twelve migrants from the port of Shengjin, located around 66 kilometers northwest of Tirana, Albania. Four other individuals were also intercepted recently but had already been rejected by the processing center staff. Two were flagged as particularly vulnerable post-health checks, and two were underage minors.
This legal dispute highlighted the delicate balance between maintaining national sovereignty concerning immigration and adhering to ethical treatment of asylum seekers. Critics of the agreement to process migrants outside of EU territory raised alarm over what they termed as dangerous precedents being established; human rights organizations have also voiced concerns.
While Albania is not part of the European Union, some European leaders recognize the pressures faced by countries like Italy. The agreement received endorsement from Ursula von der Leyen, the President of the European Commission, who regarded it as 'out-of-the-box thinking' for the persistent migration challenges faced by many EU member states.
Now, Italy must decide how to navigate this strained agreement moving forward. Meloni hinted at upcoming discussions during her trip to Lebanon, stating, "We’ll meet to approve some norms to overcome this obstacle. It’s up to the government, not magistrates, to declare which countries are safe for repatriation.”
This exchange has raised questions about the future of agreements like this one. Will nations increasingly look to outsource parts of the asylum process? How will this impact the lives of migrants seeking refuge? The answers may soon emerge as Italy grapples with its legislation and judicial interpretations surrounding immigration.
