Brussels – Any plans for “return hubs” must comply with international law and respect human rights. This is the message contained in the letters sent on 8 July by the Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, to the ministers responsible for migration policy in Austria, Denmark, Germany, Greece and the Netherlands. The reason is that the five governments have expressed their intention to work together to establish repatriation hubs outside the European Union, with the initiatives ideally to be “finalised” by the end of 2026 so that they can move on to “implementation in 2027.”
As early as September 2025, in the conclusions of his report “Externalised asylum and migration policies and international human rights law“, O’Flaherty had emphasised that “sending people to repatriation hubs would entail significant risks to human rights.” For this reason, the Commissioner proposed including four fundamental “safeguards” in the plans for the repatriation hubs.
First and foremost, before any initiative to establish repatriation hubs, there should be a comprehensive assessment of the direct and indirect risks to human rights. This should be based on a “rigorous analysis of the facts and the law” and set out a plan to “prevent, mitigate or remedy such risks.” Member States should also ensure that return hubs are subject to “adequate, independent and continuous human rights monitoring, with robust review and suspension mechanisms.” Thirdly, cooperation between states on this issue should also be based on legally binding agreements that include enforceable human rights clauses. The final safeguard is to ensure “parliamentary, public, and judicial oversight” by making “risk assessments, mitigation plans, monitoring results and agreements” publicly available.
As of today (16 July), Austria, Germany, Greece, and the Netherlands have replied to the Commissioner, thanking him for his letter, reaffirming their commitment to implementing migration policies fully in line with international and EU law, and stating that it is “essential” that the design and operation of return hubs comply with these international and EU standards. Return hubs are facilities that EU Member States may establish in third countries. According to the EU institutions, “they are used to house irregular migrants who do not have the right to remain in the EU.” In reality, the actual terms are harsher than this. Under the new provisions set out in the Returns Regulation, anyone subject to a return order is obliged to leave European territory and to cooperate with the authorities. Failure to do so may result in detention for up to 24 months, with the possibility of an extension. Furthermore, the regulation opens up the possibility of transferring migrants to hubs located outside the EU, in third countries willing to receive them on the basis of bilateral agreements, modelled on the Italian hubs in Albania. However, the Advocate General of the Court of Justice of the European Union has already raised objections to the latter, stating that, although it is possible for a country to conclude bilateral agreements on asylum only in those areas not already “harmonised” by EU law, the Protocol between Italy and Albania and the national implementing legislation do not appear to contain clear and precise provisions capable of guaranteeing the full range of rights. Finally, on the political front, some leaders, such as French President Emmanuel Macron and Spanish Prime Minister Pedro Sánchez, have criticised the centres and expressed their strong opposition.
English version by the Translation Service of Withub
