New Italy-Albania Migration Deal Raises Human Rights Concerns

Throughout the past decade, the European Union (EU) has seen a rapid influx of refugees entering its countries as people flee violence, war, and persecution. Though this number peaked in 2015, a notable amount of migrants have continued to enter Europe, with roughly 385,000 seeking safety in European countries throughout 2023 alone. While irregular border crossings make up a small percentage of total immigration, concerns surrounding asylum-seekers and migrants have risen throughout the EU and have become highly politicized topics. Today, many countries in the region argue for strict border protections and harsher policies to be implemented into the union.

Being a coastal nation, Italy claims it has received a greater burden than other EU countries have, taking in over one million migrants since 2013. To counter this, Italy has recently entered into a deal with Albania, hoping to minimize immigration numbers. This agreement, pushed forward by Italy’s anti-immigration prime minister Giorgia Meloni, allows Italy to build and manage immigration detention centers within Albania’s borders and promises quicker screening of asylum claims. Albania will only receive those from “safe” countries, or nations the agreement deems free from violence and persecution; those seeking refuge from countries outside this list will continue to have their claims heard in Italy. While many argue that this system is an innovative solution to the question of immigration throughout the European Union, these decisions have been criticized by human rights advocates and Italy’s own judicial branch and raise concerns surrounding the treatment of asylum-seekers on a global scale.

A large groups of asylum-seekers sit near the Italian coast after their journey from their home country.
Image 1: Migrants sit on the Italian coast. Source: Yahoo Images

What is the Italy-Albania Agreement on Migration?

The Italy-Albania migration deal, finalized earlier this year and set into force in October, is an agreement between the two countries and is meant to reduce the number of immigrants entering Italy. Under this program, male asylum-seekers from predetermined “safe” countries found outside the European Union’s territorial waters are transferred to detention centers in Albanian cities. At these centers, detained migrants will experience expedited screenings, receiving their claim results in 28 days or less, with each person’s claim being reviewed by special courts. Based on the verdict, those granted asylum will be transferred to Italy, and those whose claims are rejected will be repatriated or sent back to their home country. Women, children, and vulnerable groups will be immediately sent to Italy, and it is promised that families will not be separated.  

This project is set to last for five years, process 36,000 claims annually, and have a total cost of 670 million euros, or $729 million. Albanian detention facilities will fall entirely under Italian jurisdiction and be fully staffed by Italian citizens, obligating these centers to remain compliant with the European Union’s laws on immigration and protected by the European Convention on Human Rights. As mentioned, these centers will only detain those from “safe” countries. These are countries that the agreement deems free of persecution, torture, and other forms of inhuman treatment. This list originally included 22 nations but was recently reduced to 19. It lists countries such as Egypt, Tunisia, and Bangladesh, and happens to include nations with some of the highest migration numbers. Migrants from these countries can still apply for asylum, though the odds of being granted are slim, as the agreement acknowledges that most of these claims will be rejected. Those whose claims are rejected will remain in Albania until plans are made to return them to their country of origin. 

Albanian and Italian prime ministers shake hands after singing new immigration deal
Image 2: Italian Prime Minister Giorgia Meloni shakes hands with Albanian Prime Minister Edi Rama. Source: Yahoo Images

Objectives of the New Italy-Albania Migration Deal

One of the primary objectives of this initiative is to reduce overcrowding along the Italian coast and islands, where an average of 100,000 migrants arrive each year. Typically, asylum claims are applied for at the Border Police Station. By relocating potential immigrants before they reach this destination, the average is expected to shrink. Similarly, by targeting refugees from safe countries, the likelihood that these claims receive an asylum grant is small, meaning fewer people are taken into Italy. This all feeds into one of the biggest reasons behind this deal: deterrence. As asylum claims are rejected in higher numbers and refugees cannot reach the European Union, the Italian government hopes that this will discourage others from attempting this journey. 

Threats to Human Rights

This agreement has remained controversial since its inception, with many people questioning its adherence to human rights protection, mainly regarding the treatment of vulnerable populations, prolonged detention, and the right to nationality. Under this agreement, those considered “vulnerable,” such as those in need of specific medical attention or with serious medical conditions, are at risk of not receiving proper treatment, as the law lacks written procedures to help such groups. As Amnesty International points out, “there is no clarity on whether such procedures would take place on board the rescue vessels or after disembarkation in Albania,” meaning there is no reassurance that at-risk groups will receive medical attention in a timely manner. This concern has appeared to have some validity, as it has recently been exposed that there are no mechanisms aboard ships that could properly classify someone as vulnerable. Similarly, a majority of asylum-seekers experience some sort of physical, sexual, or psychological abuse prior to or during their journey that would grant them protection from detention. 

This program also puts refugees at risk of prolonged detention. International migration standards assert that migration-related detention should avoid being prolonged or indefinite. While the Italy-Albania agreement writes that asylum claims should be granted within 28 days of detention, all necessary procedures, including organizing repatriation, could take up to 18 months. Similarly, the treaty does not write out an explicit cap for detention, meaning detention could continue to surpass the initial 28-day goal. 

The Italy-Albania migration deal also raises concerns regarding the right to nationality. Following a rejected asylum claim, plans regarding repatriation are then made with the refugee’s country of origin. However, states may ignore these requests or refuse to work with Italy. Being rejected by Italy and without the support of their home country, asylum-seekers may be left without international representation, thus rendering them devoid of nationality. 

Migrants fill an entire boat which is on route to Italy
Image 3: Refugees begin their journey to Italy. Source: Yahoo Images

Pushback

This program has also been relatively controversial within Italy, with the Italian courts pushing back against Prime Minister Meloni’s plan. Following the first ship of migrants arriving in Albania, the national courts ruled that all 16 asylum-seekers be transferred to Italy rather than remain in the outsourced detention centers. Though coming from the list of safe countries, the judges concluded that the repatriation of the refugees would put them at risk of violence, thus accepting their asylum claims. More recently, the courts ordered the transfer of seven more men from Albania to Italy, again going against the vision presented by Meloni’s government. In this case, the courts explained that for a country to be deemed safe, all cities and regions must be free of persecution and violence, not just select areas. Between these two cases, all 24 detainees have been sent to Italy following their forcible detention in Albania.

This program is also largely unpopular among the Italian populace, with only 30% approval. 

This deal follows other agreements Prime Minister Meloni has made with other states regarding immigration. In 2023, the Italian government and the European Union provided monetary and technical support to Libya, encouraging their coast guard to intercept fleeing citizens and forcibly bring them back to the country. Those who attempted to escape were left vulnerable once they returned, often being subjected to various human rights abuses such as torture and sexual exploitation. Prime Minister Meloni has also offered to provide financial assistance to North African countries in an attempt to minimize immigration. 

Conclusion 

Though initially regarded as a promising answer to European migration, the Italy-Albania agreement has been frequently challenged by both human rights institutions and Italy’s own courts. Though all Albanian detainees have been transferred to Italy, this program raises questions regarding the treatment of refugees, making this issue important to monitor. 

Mounting Peril: COVID-19 in Mexico

As the novel coronavirus (COVID-19) expands throughout the United States (U.S.), its impact has rapidly reached vulnerable communities south of the border. As the 10th most populous country in the world, Mexico is beginning to experience an influx in COVID-19 cases and, especially, deaths which has exacerbated many inequalities throughout the country. This blog addresses Mexico’s relevance in the COVID-19 pandemic and how it has influenced human rights issues concerning gender-based violence, indigenous peoples, organized crime, and immigration.

As of late-August, approximately 580,000 Mexicans have been diagnosed with COVID-19, while over 62,000 have died from the virus. Mexico’s capital of Mexico City is currently the country’s epicenter with over 95,000 confirmed cases of COVID-19. North of the capital, Guanajuato is nearing 30,000 confirmed cases as the second-largest hotspot, while the northern border state of Nuevo León has nearly 28,000 confirmed cases. Additionally, on the Gulf side, Tabasco and Veracruz are each nearing 28,000 cases of COVID-19. Interestingly, the southern border state of Chiapas, which has a large indigenous population, presumably has the lowest death rate (<1 death per 100,000 cases) which ignites concern about access to COVID-19 resources throughout this treacherous nation.

Gender-Based Violence

Mexico is on track to set an annual record for number of homicides since national statistics were first recorded in 1997. Femicide, which is the murder of women and girls due to their gender, has increased by over 30%. In the first half of 2020, there were 489 recorded femicides throughout Mexico. Much of this violence is attributed to the increased confinement of families since the arrival of COVID-19. For Mexican women, these atrocities are often the result of domestic abuse and drug gang activity which have both been on the rise. Regardless of how and why these acts are committed, it is plain to see that the vulnerability of women in Mexico has been exacerbated during the COVID-19 pandemic.

Mexico’s President, Andrés Manuel López Obrador (often referred to as AMLO), has been notorious for downplaying the country’s proliferation of gender-based violence. Despite an 80% increase in shelter calls and 50% increase in shelter admittance by women and children since the start of the pandemic, AMLO has insisted 90% of domestic violence calls have been “false”. As part of the COVID-19 austerity response, AMLO has slashed funds for women’s shelters and audaciously reduced the budget of the National Institute of Women by 75%. This all comes after the country’s largest ever women’s strike back in March, which AMLO suggested was a right-wing plot designed to compromise his presidency. AMLO has consistently scapegoated a loss in family “values” as the reason for the country’s endless failures while he promotes fiscal austerity during a global crisis.

Indigenous Peoples of Mexico

In Mexico’s poorest state, Chiapas, many indigenous peoples are skeptical about the COVID-19 pandemic. This is largely attributed to their constant mistrust of the Mexican government which views state power as an enemy of the people. As such, conspiracies have emerged such as medical personnel killing people at hospitals and anti-dengue spray spreading COVID-19, the latter inspiring some indigenous peoples to burn several vehicles and attack the home of local authorities. Nevertheless, Mexico has confirmed over 4,000 cases and 600 deaths of indigenous peoples throughout the country. The Pan American Health Organization (PAHO) suggests fostering better relationships with traditional practitioners can help limit the spread of COVID-19 in indigenous populations. Additionally, community surveillance efforts and communication through local language, symbols, and images will better protect Mexico’s indigenous populations.

Recently, 15 people at a COVID-19 checkpoint in the indigenous municipality of Huazantlán del Río, Oaxaca were ambushed and murdered. The victims were attacked after holding a protest over a local proposed wind farm, while the perpetrators are presumed to be members of the Gualterio Escandón crime organization, which aims to control the region to traffic undocumented immigrants and store stolen fuel. In 2012, members of the Ikoots indigenous group blocked construction of this area because they claimed it would undermine their rights to subsistence. This unprecedented event has garnered national attention from AMLO and the National Human Rights Commission (CNDH) as they seek to initiate a thorough investigation. As demonstrated, existing land disputes have been further complicated by the presence of COVID-19 and have thus drawn Mexico’s indigenous peoples into a corner of urgency.

Organized Crime

Over the past 50 years, more than 73,000 people have been reported missing throughout Mexico, although 71,000 of these cases have occurred since 2006. Frequently targeted groups are men ages 18-25 who likely have a connection with organized crime and women ages 12-18 who are likely forced in sex trafficking. This proliferation in missing persons is largely attributed to the uptick in organized crime and drug traffic-related violence that has plagued the country. Searches for missing persons have been stalled since the arrival of COVID-19 which counters the federal government’s accountability, namely AMLO’s campaign promise to find missing persons. AMLO insists that the government countering the drug cartels with violence, like Mexico’s past administrations, is not the answer. However, many analysts argue his intelligence-based approach has emboldened criminal groups, namely with homicides, during the COVID-19 pandemic.

On the other hand, with many Mexicans unable to work and put food on the table, drug cartels are stepping up to fill the void. The Sinaloa cartel, which is one of Mexico’s largest criminal groups and suppliers of Fentanyl and heroin, has been using their safe houses to assemble aid packages marked with the notorious Joaquín “El Chapo” Guzmán’s liking. Although this tactic has long been used by the drug cartels to grow local support, the COVID-19 pandemic has served as an opportunity to further use impoverished Mexicans as a social shield. These acts of ‘narco-philanthropy’, which is one of the many weapons employed by the drug cartels, has enraged AMLO who has relentlessly defended his administration’s response to COVID-19. This irony reveals how growing incompetence from Mexico’s government has left its people vulnerable to not only the pandemic of a generation but more drug cartel activity.

Immigration

With the U.S. government extending its border closures into late-August, tensions mount for the migrants who seek a better life in the U.S. In addition, with a growing number of COVID-19 cases in Arizona, California, and Texas, governors from Mexico’s northern border states have demonstrated reluctance to let Americans enter the country. These reciprocal efforts have made it exceedingly difficult for migrants, namely from Haiti, to seek asylum. As a result, the Mexico-U.S. border town of Tijuana has become a stalemate for 4,000 Haitian migrants in addition to another 4,000-5,000 in the Guatemala-Mexico border town of Tapachula. This has contributed to an economic crisis where there is no work available and people face the risk of being promptly deported, effectively nullifying their treacherous journey to Mexico.

Many undocumented migrants are afraid to visit Mexico’s hospitals due to fears of being detained which would introduce harsh living conditions that put them at greater risk of COVID-19. Across from Brownsville, Texas, in the Matamoros tent encampment, aggressive isolation efforts were enacted after it was discovered that a deported Mexican citizen had COVID-19. To curtail to risk of COVID-19, the mostly asylum seekers are now expected to sleep only three-feet apart, head-to-toe. On the other hand, some Mexican nationals are crossing the Mexico-U.S. border into El Paso, in addition to Southern California, under the travel restrictions loophole pertaining to medical needs. This influx is largely attributed to the lack of resources, such as oxygen and physical space, seen in many Mexican hospitals. As such, COVID-19 resource limitations are endured by both asylum seekers and medical migrants.

Woman sitting in front of a poster that includes pictures of femicide victims.
DRG Photo Contest Winner. Source: USAID U.S. Agency for International Development, Creative Commons.

Human Rights in Mexico

As shown, issues notoriously attached to Mexico, namely femicide, indigenous autonomy, organized crime, and immigration, have been further complicated by the COVID-19 pandemic. Femicide has grown due to a culture of misogyny that has proliferated during the lockdown. Indigenous communities have developed more distrust for the federal government, particularly as it relates to public health and land rights. Organized crime groups have extended their reign of terror on the Mexican people by weaponizing the effects of COVID-19. Immigrants, mainly from Central America and the Caribbean, are not only running from their dreadful past but also face the challenging prospects of a world with COVID-19.

As a global influence, Mexico fosters the responsibility to uphold international standards related to women’s rights, indigenous rights, and immigrant rights. Despite each of these issues having their own unique human rights prescription, they could all be improved by a more responsive government. This has rarely been the case for AMLO who has consistently minimized the urgency, and sometimes existence, of human rights issues in Mexico. Furthermore, austerity measures provoked by COVID-19 should not come at the expense of Mexico’s most vulnerable populations because they exacerbate existing inequalities and serve as a basis for future conflict, insecurity, and violence. One of the most important ways the Mexican government can limit these inequalities is by properly addressing the war on drugs which includes closing institutional grey areas that foster crime, strengthening law enforcement, and ensuring policies carry over into future administrations. All the while, the U.S. must address its role in Mexico’s drug and arms trade. Confronting these growing concerns from both sides of border is the only way Mexico while encounter a peaceful, prosperous future.