Vienna, Feb 7 The European Union (EU) Agency for Fundamental Rights (FRA) has said that the proposed "return hubs" for rejected asylum seekers must comply with fundamental rights laws and must not become "rights-free zones".
The EU is considering establishing "return hubs" in non-EU countries as temporary facilities for asylum seekers whose applications in the EU were denied and who are awaiting deportation to their home countries, Xinhua news agency reported.
In a position paper released on Thursday, the FRA issued a pointed warning to the Commission, insisting any project to establish "return hubs" must come with strong safeguards to guarantee lawful and dignified treatment.
Even if located outside the EU, these return facilities must adhere to fundamental rights safeguards under EU law, and member states would remain "accountable for rights violations at the hubs and during any transfers," according to a position paper by the Vienna-based FRA.
"The planned return hubs cannot become rights-free zones," FRA Director Sirpa Rautio said.
"They would only comply with EU law if they include robust and effective fundamental rights safeguards."
The FRA outlined key safeguards that should be in place before establishing the return hubs, including "compliance with fundamental rights, securing legally binding agreements to protect people's rights, and setting up independent human rights monitoring systems".
The fact the camps would be built outside the bloc does not exempt compliance with EU law, the agency said, as member states and Frontex would remain "accountable for rights violations at the hubs and during any transfers".
FRA suggests the bloc should sign a "legally-binding agreement" with the host country that would set "minimum standards for the conditions and treatment" of the relocated migrants and introduce a "duty" to mitigate violations of fundamental rights. (So far, Brussels has not given any indication of where the hubs might be built.)
According to the agency, migrants sent to the centres must have a "valid and enforceable decision" based on an "individual assessment" of their asylum applications and never be subject to collective expulsions, which are illegal under international law. Vulnerable people and children should be excluded from the scheme.
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