A/HRC/23/46
incorporated therein. It appears that readmission agreements have been developed with
third countries despite the lack of a well-functioning asylum system or the lack of resources
or infrastructure to manage large inflows of migrants in a manner that would effectively
ensure proper protection of human rights. Moreover, the agreements operate to oblige
signatory countries to take back not only their own nationals but also third -country
nationals, which may pose particular human rights concerns for those persons.
64.
Furthermore, the Special Rapporteur observes that these agreements are increasingly
used as a negotiating tool by both the European Union and the signatory States – with
strong incentives for both parties, including visa liberalization or facilitation agreements for
the signatory, and readmission for the European Union. Neither consideration automatically
incorporates human rights. As an example, before initialling the European Union-Turkey
readmission agreement, Turkey stated that it expected a mandate to be given to the
European Commission to initiate negotiations on visa exemption for Turkish citizens in the
Schengen Area, and the Council invited the Commission to take steps towards visa
liberalization as a gradual and long-term perspective, in parallel with the signing of the
readmission agreement. However, the agreement focuses almost exclusively on combating
immigration, and does not sufficiently ensure respect for the human rights of migrants. The
Special Rapporteur has learnt that the Commission has recommended including a
suspension clause in every readmission agreement that would provide for temporary
suspension of readmission agreements in the event of persistent and serious risk of violation
of human rights.23 This is an important mechanism that should certainly be systematically
implemented. Moreover, the Special Rapporteur has been assured that visa liberalization
processes are typically accompanied by action plans with sets of detailed benchmarks. The
Special Rapporteur notes that these should also include explicit provisions for the human
rights of migrants, including irregular migrants.
65.
Secondly, there has been a proliferation of bilateral agreements between European
Union member States and countries of origin or transit, often with the same goal –
essentially to ensure the rapid return of migrants arriving in an individual European Union
member State to the country from which they entered. As noted, in Italy, this trend became
increasingly apparent, with readmission agreements signed between Italy an d Egypt and
Tunisia without the incorporation of proper human rights guarantees for persons returned.24
The same applies to the Greece-Turkey readmission agreement.
(c)
Mobility partnerships
66.
The Special Rapporteur further notes that within the framework o f GAMM, the
mobility partnership model has been hailed as an innovative and sophisticated political tool
to enhance tailor-made dialogue and cooperation with non-European Union countries in a
wide range of fields related to migration and mobility.
67.
However, the Special Rapporteur notes that the partnerships appear to be used as a
means for the European Union to further pursue its agenda of strengthening border controls
through preconditioning limited labour opportunities, largely for skilled migrants, and the
promise of visa liberalization/facilitation, and on measures which effectively operate to
externalize migration control. These include border control reforms, the conclusion of
readmission agreements with the European Union, and the signing of working
arrangements with Frontex. Moreover, the mobility partnerships seem to be premised on
exchanging these measures against temporary migration opportunities for certain categories
of workers. Viewed in this way, the mobility partnership can be described as a mechanism
23
24
16
COM(2011) 76 final, 23 February 2011.
See A/HRC/23/46/Add.3.