In its recently published concluding observations on Albania’s third periodic Report, the UN Human Rights Committee has expressed serious concerns about the bilateral agreement between Albania and Italy concerning migration cooperation — the 2023 protocol that allows Italy to process asylum seekers in facilities located on Albanian territory. The Committee warned that key aspects of the Italy–Albania Protocol (concluded in 2023 and suspended from February 2025 due to the pending decision by the ECJ) may contravene core obligations under the International Covenant on Civil and Political Rights (ICCPR).

At the center of the Committee’s concern is the risk that the agreement could undermine the rights of migrants and asylum seekers, particularly regarding automatic detention, prolonged confinement, and limited access to individualized asylum procedures. The Committee reminded Albania that any extraterritorial cooperation in managing asylum claims must fully comply with the Covenant, especially the principle of non-refoulement, which prohibits returning individuals to countries where they may face serious harm.

It emphasized that detention must only be used as a last resort and must be reasonable, necessary and proportionate, in accordance with the Committee’ s general comment No. 35 (2014) on liberty and security of persons. The Committee further stressed that Albania should guarantee unfettered access to its territory for individuals seeking international protection, along with fair and efficient refugee status determination procedures and access to legal aid. Additionally, the Committee noted that Albania’s 2023 Asylum Law raises broader concerns that may intersect with the implementation of the protocol, including insufficient safeguards for vulnerable individuals such as children and unaccompanied minors. These concerns are particularly relevant given the likelihood that such groups could be affected by cross-border asylum arrangements. Since Italy would be transferring asylum seekers to Albanian jurisdiction under the protocol, the adequacy of Albania’s asylum framework directly affects Italy’s compliance with its own international obligations.

The Human Rights Committee’s warning underscores the importance of ensuring that migration agreements uphold fundamental rights standards. By singling out this agreement in its official report, the Committee sends a strong signal about the legal and ethical risks of such arrangements. Its conclusion is clear: bilateral deals on migration must not come at the expense of fundamental human rights obligations.