Feasibility Study: Independent human rights monitoring mechanism at the external borders of the EU
May 2022
FeaÂsiÂbiÂliÂty StuÂdy on the setÂting up of a robust and indeÂpenÂdent human rights moniÂtoÂring mechaÂnism at the exterÂnal borÂders of the EuroÂpean Union
This stuÂdy was preÂpared against the backÂdrop of mulÂtiÂple deveÂloÂpÂments in the manageÂment of the exterÂnal borÂders of the EuroÂpean UniÂon. In recent years, the manageÂment of theÂse exterÂnal borÂders has becoÂme increÂasingÂly robust. The proÂviÂsiÂon of direct finanÂcial supÂport from Brussels to the frontÂliÂne StaÂtes has been preÂsenÂted as a maniÂfesÂtaÂtiÂon of EuroÂpean soliÂdaÂriÂty and comÂpleÂmenÂted by a signiÂfiÂcant increase in the powers and resourÂces of the EuroÂpean BorÂder and Coast Guard AgenÂcy (FronÂtex). Yet this expanÂsiÂon of powers and means appears to have come at the expenÂse of respect for the funÂdaÂmenÂtal rights of migrants who (attempt to) cross the exterÂnal borÂders of the EU. DespiÂte the obliÂgaÂtiÂons incumÂbent upon natioÂnal and EuroÂpean borÂder guards to respect the funÂdaÂmenÂtal rights of all migrants, a conÂsideraÂble numÂber of creÂdiÂble reports have highÂlighÂted wideÂspread vioÂlaÂtiÂons of rights. NoneÂthelÂess, theÂse reports appear to have been rouÂtiÂneÂly disÂmissed by the releÂvant autÂhoÂriÂties, with limiÂtÂed legal and poliÂtiÂcal conÂseÂquenÂces. This has led to a perÂcepÂtiÂon of a lack of poliÂtiÂcal overÂsight and judiÂcial conÂtrol of events at the EuroÂpean borÂders, which can result in impuÂniÂty for vioÂlaÂtiÂons comÂmitÂted, incluÂding posÂsiÂble criÂmiÂnal offences.
Against this backÂground, the stuÂdy first estabÂlishes the relaÂtiÂonship betÂween moniÂtoÂring and poliÂtiÂcal overÂsight as well as judiÂcial conÂtrol and scruÂtiÂniÂses the criÂteÂria and prinÂciÂples that conÂtriÂbuÂte to effecÂtiÂve human rights moniÂtoÂring at the borÂders: indeÂpenÂdence of the moniÂtoÂring bodies; their adeÂquaÂte manÂdaÂte, funÂding and powers; transÂpaÂrenÂcy and publiÂciÂty of their work; requiÂreÂments in terms of experÂtiÂse; and the importance of soliÂdaÂriÂty betÂween moniÂtoÂring bodies in EuroÂpe as a corolÂlaÂry of the EuroÂpean soliÂdaÂriÂty on the side of the borÂder guards.