A/80/302 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 __________________ 87 88 89 16/23 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. 25-12609

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