A/HRC/62/35
tracking and interception of migrants. 17 For example, the migration database of Türkiye
(Göç Net) has been expanded with support from the European Union with the aim of
preventing arrivals to the European Union,18 while in November 2025 the European Border
and Coast Guard Agency (Frontex) and Cabo Verde launched cooperation for aerial
surveillance over routes towards the Canary Islands.19
10.
Such practices are embedded in broader cooperation frameworks, including European
Union arrangements with countries such as Egypt, Jordan, Lebanon, Mauritania, Morocco
and Tunisia. 20 As a key recent development, in November 2025, the Memorandum of
Understanding between Italy and Libya was automatically renewed for a further three-year
period.21 It is aimed at strengthening cooperation in addressing irregular migration, including
through enhanced border control and surveillance. The Memorandum of Understanding was
accompanied by training, funding and equipping of the Libyan Coast Guard by Italy and the
European Union, the establishment of a rescue coordination centre in Tripoli, and the
declaration by Libya of a search and rescue region over a large area of the central
Mediterranean. These measures contributed to a shift in search and rescue coordination in
the central Mediterranean towards the Libyan Coast Guard, and coincided with increasing
efforts to restrict the operations of humanitarian non-governmental organizations (NGOs),
including the firing of live ammunition.22 The Libyan Coast Guard has intercepted numerous
boats at sea and returned individuals to Libya, where they face a high risk of serious and
widespread human rights violations.23
B.
Extraterritorial processing of asylum claims
11.
Under externalization involving extraterritorial processing of asylum claims, States
relocate elements of asylum procedures to a third State,24 including registration, processing
or determination. Individuals transferred under such arrangements have not had their claims
assessed on the merits by the externalizing State, raising concerns about access to procedures,
safeguards, oversight and effective remedies. Examples of such arrangements include the
Memorandum of Understanding between Australia and Nauru25 and the original iteration of
the Italy–Albania protocol.26 Recent developments in the United States of America and in the
European Union provide further examples of this form of externalization.
1.
European Union: reform of the “safe third country” concept
12.
Legislative amendments to be implemented from June 2026 expand the ability of
European Union member States to designate non-European Union countries as “safe third
countries” and reject asylum claims as inadmissible. Firstly, the current requirement that a
17
18
19
20
21
22
23
24
25
26
4
Antonella Napolitano, “Outsourcing surveillance: the technological side of border externalisation”,
30 September 2025.
Submission by E. Kuşkonmaz and E. Küçük.
See https://www.frontex.europa.eu/media-centre/news/news-release/frontex-and-cabo-verde-launchaerial-surveillance-to-strengthen-maritime-awareness-and-save-lives-at-sea-c0uEB1?utm.
A/80/302, paras. 10 and 11.
See https://www.asgi.it/wp-content/uploads/2017/02/ITALY-LIBYA-MEMORANDUM02.02.2017.pdf.
See communications OTH 131/2025, LBY 2/2025 and ITA 6/2025 and the replies thereto. All
communications mentioned in the present report are available from
https://spcommreports.ohchr.org/Tmsearch/TMDocuments.
United Nations Support Mission in Libya (UNSMIL) and Office of the United Nations High
Commissioner for Human Rights (OHCHR), Business as Usual: Human Rights Violations and
Abuses against Migrants, Asylum-Seekers and Refugees in Libya, February 2026. Similar cooperation
at sea occurs between Malta and Libyan authorities, while Greece has reportedly supported the
Libyan National Army since summer 2025 through training and technical assistance, including
maritime operations; see https://www.reuters.com/world/africa/libyan-coast-guards-train-greeceunder-plan-stem-migrant-flows-2025-07-30/ and the submission by the University of Bristol Human
Rights Implementation Centre.
A/80/302, para. 12.
Ibid., para. 13.
Ibid., para. 15.
GE.26-06322