The European Union’s proposal to establish “return hubs” in non-EU countries must comply with fundamental rights laws, according to a Position Paper from the EU Agency for Fundamental Rights (FRA). These hubs are temporary sites for migrants ordered to leave the EU or refused entry, who will remain there until they can be returned to their home countries.
Despite being outside the EU, these hubs must still adhere to EU fundamental rights protections. Both Member States and the European Border and Coast Guard Agency (Frontex) will be accountable for any rights violations at these hubs.
“As the EU and Member States try to find solutions to manage migration, they should not forget about their obligations to protect people’s lives and their rights. The planned return hubs cannot become rights-free zones. They would only comply with EU law, if they include robust and effective fundamental rights safeguards,” highlights FRA Director Sirpa Rautio.
For return hubs to be consistent with EU law, the following conditions must be met:
1. Legal Decisions: There must be a clear, individually assessed decision for each returnee, ordering them to leave the EU.
2. Compliance with EU Rules: EU law prohibits arbitrary detention and mandates special attention for vulnerable individuals, including the elderly, disabled people, and children, who should never be sent to these hubs.
3. Host Country Agreements: Legally binding agreements with host countries must ensure compliance with EU rights and clarify transfer arrangements, including an impact assessment of potential rights risks.
4. Lawful Treatment: Agreements must set minimum treatment standards for migrants, including adherence to specific rights safeguards if EU funds are used.
5. Independent Monitoring: Effective and independent human rights monitoring mechanisms must be established to reduce the risk of rights violations.
These safeguards are crucial to ensure that return hubs respect fundamental rights and comply with EU law.
