A/HRC/62/35
regarding deprivation of liberty, conditions of stay, access to remedies, and the risk of onward
return or chain refoulement, as well as the absence of safeguards to ensure full respect for
other international human rights obligations.42
4.
European countries
18.
As described in detail in his previous report,43 the arrangements between Italy and
Albania, based on the 2023 protocol and subsequent implementing measures, were originally
designed to enable Italy to transfer to Albania certain asylum applicants intercepted in
international waters, coming from “safe countries of origin”, for the purpose of conducting
accelerated asylum procedures and – where applicable – return procedures, under Italian
law.44 In practice, however, the implementation of this model has repeatedly been suspended
by domestic courts, and since March 2025 the arrangements have been adapted to allow the
transfer to Albania of persons already present in Italy who are subject to return decisions.
Individuals transferred are processed in facilities established by Italy on Albanian territory,
notably in Shëngjin for initial processing and in Gjadër for detention pending removal, under
the responsibility of Italian authorities. 45 These arrangements raise serious concerns
regarding the adequacy of procedural safeguards in accelerated procedures, the use and
conditions of detention, the risk of onward removal, and respect for the right to health, as
well as persistent shortcomings in transparency and independent oversight.
19.
Recently, comparable arrangements have also been considered or pursued by other
European countries. In September 2025, Netherlands (Kingdom of the) and Uganda signed a
letter of intent to establish a “transit hub” in Uganda, where migrants from the region would
be held awaiting onward return to their countries of origin.46 In October 2025, media reports
indicated that the United Kingdom of Great Britain and Northern Ireland had been in
discussions with Kosovo47 regarding the establishment of “return hubs”.48
IV. Risk of violations of the human rights of migrants
20.
Externalization agreements and arrangements entail a high risk of human rights
violations, arising from a range of interrelated factors.49 Firstly, they involve measures that
are inherently sensitive from a human rights perspective, such as removal and immigration
detention. Secondly, the relationships between the States concerned may facilitate violations,
as third States – some of which face instability or conflict – may lack the capacity or
willingness to ensure adequate protection and respect for the rights and well-being of
migrants and refugees. At the same time, efforts by externalizing States to transfer migrants
to or contain them in third States may reflect a deprioritization of their rights and their dignity,
as evidenced by instances where allegations of human rights violations have not triggered
effective responses. Thirdly, limited transparency surrounding such arrangements, coupled
with the absence of effective and independent oversight mechanisms, further heightens the
risk of violations and abuse. Fourthly, implementing partners, including international and
42
43
44
45
46
47
48
49
GE.26-06322
See OTH 166/2025, p. 15; submission from Brazil; https://europe.ohchr.org/sites/default/files/202603/EU Return Regulation - Key Takeaways_final.pdf; and Council of Europe Commissioner for
Human Rights, Observations on the new European Union returns framework, March 2026.
A/80/302, para. 21.
See ITA 3/2024 and ALB 1/2024, and the government reply dated 23 August 2024.
Klodiana Millona and Kristina Millona, “Europe expands its carceral edge into Albania”, 23 February
2026.
See https://www.government.nl/latest/news/2025/09/26/the-netherlands-and-uganda-makearrangements-on-returning-migrants-via-uganda.
References to Kosovo shall be understood to be in the context of Security Council resolution 1244
(1999).
See https://www.theguardian.com/world/2025/oct/21/kosovo-offers-to-become-first-country-toaccept-britains-unsuccessful-asylum-seekers.
A/80/302, paras. 23–41.
7