ECRE issued last week a letter and memorandum setting forth its recommendations to the Belgian EU Presidency in regard to the Common European Asylum System (CEAS), the European Asylum Support Office (EASO), and other related legislative files that will be considered during the Belgian Presidency.
Among the several important recommendations made by ECRE are the following:
“Access to protection – … [C]ooperation between the EASO, FRA and FRONTEX provide opportunities to develop mechanisms at EU level to guarantee that border control mechanisms are protection-sensitive in practice. The recently adopted guidelines for joint sea operations coordinated by FRONTEX restate the international human rights framework governing interception at sea and reaffirm the obligation of Member States to ensure that “no person shall be disembarked in, or otherwise handed over to the authorities of a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle.” They also explicitly require that “the person intercepted or rescued shall be informed in an appropriate way so that they can express any reasons for believing that disembarkation in the proposed place would be in breach of the principle of non-refoulement”. Whereas the guidelines merely restate these principles, they need to be implemented in practice. Given that the actual disembarkation of persons intercepted or rescued in the context of FRONTEX operations is dealt with in the non-binding part of the guidelines, it remains to be seen how effective this tool will be in order to ensure effective access to protection.
Recently the Commission proposed the third substantive revision of FRONTEX’ mandate. The Commission proposal unambiguously asserts that relevant EU standards, as well as international human rights and refugee law, are applicable to all border operations carried out by Member States under the auspices of Frontex and to all other activities entrusted to the Agency, which ECRE welcomes.
At the same time, while the intention of the Commission is to further clarify the role and responsibilities of FRONTEX vis-à-vis the Member States, the fundamental ambiguities about accountability for possible human rights violations during border control operations coordinated by FRONTEX are not resolved. ECRE believes that the respective roles and responsibilities of Member States’ guest officers, host Member State border officers, observers from third countries and FRONTEX personnel in those operations must be clearly established to avoid “accountability shifting” between the various actors involved. The enhanced role of FRONTEX in coordinating joint operations necessarily adds to FRONTEX’ responsibility and therefore further amendments to the Commission proposal are required to reinforce the Agency’s accountability.
Moreover, the proposed expansion of the role of FRONTEX in cooperating with third countries in border management, including through the posting of Immigration Liaison Officers, raises a number of concerns from a fundamental rights perspective, in particular regarding the ability of individuals to flee and find protection from persecution. Consequently, ECRE believes that additional safeguards are needed to ensure that FRONTEX activities will indeed not “prevent access to protection systems by persons in need of international protection” as required by the Stockholm Programme.
ECRE calls upon the Council and the European Parliament in particular to:
- Support the proposed amendments to the FRONTEX Regulation reasserting the obligations under EU law and fundamental rights which are incumbent upon Member States when taking part in the Agency’s operations.
- Establish mechanisms to reinforce FRONTEX accountability in view of the increasing responsibilities placed on the Agency.
- Introduce the necessary safeguards to ensure that FRONTEX enhanced capacity to cooperate with third countries does not prevent access to protection systems by persons in need of international protection.”
Click here for the ECRE Memorandum.
Click here for the ECRE Letter to the Belgian EU Presidency.