Back Commissioner for Human Rights calls for strict human rights guardrails in plans for ‘return hubs’

Commissioner for Human Rights calls for strict human rights guardrails in plans for ‘return hubs’

In letters published on 16 July, the Council of Europe Commissioner for Human Rights, Michael O’Flaherty, asks ministers responsible for migration policy in Austria, Denmark, Germany, Greece and the Netherlands to ensure that any plans for ‘return hubs’ align with international human rights law.

The five governments have expressed intentions to launch joint initiatives to establish return hubs outside the EU.

Drawing from the findings of his September 2025 report, in which he warned that sending people to return hubs would present considerable human rights risks, the Commissioner proposes four core ‘guardrails’, based on international human rights law and standards.

First, any initiative to establish return hubs should be preceded by a comprehensive assessment of direct and indirect human rights risks. This assessment should be based on a rigorous factual and legal analysis and lead to a plan to prevent, mitigate or remedy those risks.

Second, if member states proceed with return hubs, they should ensure these are subject to adequate, independent and continuous human rights monitoring, with robust review and suspension mechanisms.

Third, co-operation on return hubs should be based on legally binding agreements that feature enforceable human rights clauses.

Fourth, parliamentary, public and judicial scrutiny should be made possible by making risk assessments, mitigation plans, monitoring outcomes and agreements public.

Division on Migration and Refugees Strasbourg 18 September 2026
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