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OSSERVATORIO INTERNAZIONALE

- i.e. democracy, human rights and neoliberalism - in the wider world to sta-
bilize foreign countries and eradicate the push-factors for migration and asy-
lum should be improved(10). The 2016 EU Global Strategy is the litmus test
of the long-term strategy(11) as well as the 2016 EU-Turkey Statement, the
2017 Protocol between Italy and Libya and the 2018 Commission’s “non-
paper” on regional disembarkation arrangements clearly reveal the short-
term strategy.
The Commission’s “non-paper”(12) and the European Council conclu-
sions of 28 June 2018(13) are telling of the new approach to asylum and migra-
tion. Solutions adopted with Turkey and Libya become the starting point for
elaborating a wider and more comprehensive strategy of regional externaliza-
tion of irregular flows. More support and cooperation with non-EU actors and
regions (Sahel region, the Libyan Coastguard, coastal and Southern communi-
ties, etc.) is expressly laid down by the political guidelines of the European
Council. The preventive approach (to prevent irregular crossings and entries
and bring the flows to a halt) is another key aspect of the latest EU policies
while the concept of regional disembarkation platforms becomes the preferred
solution and means.
For more than one year the Commission is carefully exploring this concept
in close cooperation with relevant third countries, the UNHCR and the IOM.
Even if «such proposals [disembarkation platforms and controlled centres] have
failed to reach consensus due to their lack of political and legal feasibility»(14),
we argue that the option is still on the table of EU Institutions and Member
States. Should the political climate among Member States improve and should
the EU overcome resistance and reluctance of those third countries expected to
host places of safety and post-disembarkation processes, the establishment of a
disembarkation area along the Southern coastline of the Mediterranean Sea
would be probably placed high again on the European political agenda.

6. To this end the ‘non-paper’ released by the Commission remains the
main reference together with a joint proposal from the UNHCR and the
IOM(15). For our analysis the most interesting scenario involves the conclusion
of arrangements with third countries (like Algeria, Tunisia and Egypt) for
disembarkation of migrants and asylum seekers. Arrangements would apply to
individuals rescued both in the territorial sea of third countries by national and
foreign vessels and in international waters by EU States/Agencies and third
countries’ flag vessels. Third countries should be identified only if they are safe
and respect the non-refoulement principle: as a result, Libya would not be eli-
gible as a regional platform.

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