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that fosters the protection of human rights. In the present section, the Special
Rapporteur discusses good practices and challenges related to the transparency and
accountability of externalization measures.
43. Some externalization agreements are publicly available. For instance, some of
the arrangements underpinning the offshore processing regime established by
Australia with Nauru and Papua New Guinea, as well as the formal readmission
agreements concluded by the European Union, are publicly accessible. Public
availability of such agreements enables the public and civil society to better
understand how public funds are spent and to monitor the actions of national
authorities. The formal readmission agreements of the European Union are subject to
democratic oversight. Under the Treaty on the Functioning of the European Union,
the European Parliament must give its consent before the European Union can
conclude readmission agreements with third countries. Oversight by national
parliaments and accountability bodies of agreements concluded by executive
branches of government is an important ingredient of the rule of law.
44. A significant proportion of the externalization measures discussed in the present
report are based on arrangements that are not publicly disclosed. In the European
Union, there is a noticeable trend towards informal migration-related arrangements.
In contrast to formal readmission agreements, informal arrangements do not require
the consent of the European Parliament. Both the European Parliament and the
national parliaments of European countries have been denied the ability to exercise
adequate scrutiny over the development, ratification, implementation and monitoring
of key agreements. They are not systematically published. When the text of an
agreements is publicly available, it will often contain vague language that is
frequently used in political declarations. These arrangements tend to provide a broad
framework for cooperation, with implementation carried out through European
Union-funded projects. The implementation of such projects, however, is often
characterized by lack of transparency and accountability, in particular with regard to
funding disbursement and programme oversight. 87 In Australia, requests for access to
information regarding externalization arrangements are regularly rejected on the basis
that releasing information could damage international relations. 88
45. A common feature of externalization, which diminishes transparency and
hinders accountability, is the involvement of multiple State and non-State actors.
These include NGOs and international organizations, such as the European Union and
Frontex, as well as entities implementing European Union-funded projects, including
the Office of the United Nations High Commissioner for Refugees, IOM and the
International Centre for Migration Policy Development. 89 In some cases,
externalization arrangements also involve private companies. For instance, the
offshore processing operations of Australia in Nauru rely on private companies for
the provision of multiple services both within the detention centre and in the
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88
89
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European Court of Auditors, EU readmission cooperation with third countries: relevant actions
yielded limited results (Publications Office of the European Union, 2021), paras. 9 and 12; and
submissions by EuroMed Rights and Amnesty International.
See, for example, documents released pursuant to freedom of information requests FA
16/08/00942 and FA 19/10/00616, available at www.homeaffairs.gov.au/access-andaccountability/freedom-of-information/disclosure-logs/2019. Those requests were partially
rejected under the Freedom of Information Act 1982 (Cth).
European Ombudsman decision in case OI/2/2024/MHZ, para. 18; and submission by Brot für
die Welt.
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