CroaÂtia’s SchenÂgen accesÂsiÂon is on the agenÂda of today’s meeÂting of the JusÂtiÂce and Home Affairs CounÂcil. If minisÂters vote in favor, it will be despiÂte ampÂle eviÂdence of sysÂteÂmaÂtic human rights vioÂlaÂtiÂons at Croatia’s borÂders, as well as breaÂches of the SchenÂgen aquis itself.
SinÂce 2016, the underÂsiÂgned orgaÂnizaÂtiÂons, interÂnaÂtioÂnal media and interÂgoÂvernÂmenÂtal orgaÂnizaÂtiÂons have conÂsisÂtÂentÂly docuÂmenÂted flaÂgrant human rights vioÂlaÂtiÂons comÂmitÂted by CroaÂtia at the EU’s exterÂnal borÂders. TheÂse sysÂteÂmaÂtic rights vioÂlaÂtiÂons and insÂtances of borÂder vioÂlence perÂpeÂtraÂted by the poliÂce and other staÂte actors are still not invesÂtiÂgaÂted effecÂtively by CroaÂtiÂan autÂhoÂriÂties, but rather perÂsisÂtÂentÂly denied. The underÂsiÂgned orgaÂnizaÂtiÂons hold stronÂgly that CroaÂtia’s unlawful pracÂtiÂces, and its failÂure to fulÂfill even miniÂmal stanÂdards of human rights proÂtecÂtion, should not be rewardÂed with SchenÂgen accession.
The freeÂdom of moveÂment of CroaÂtiÂan citiÂzens within the SchenÂgen area is desiÂraÂble, but the accesÂsiÂon proÂcess has reveÂaÂled the true face of the SchenÂgen zone: freeÂdom of moveÂment within means sealÂing off borÂders to the outÂside world – if necesÂsaÂry through a bruÂtal borÂder regime.
»PushÂbacks are not only a direct vioÂlaÂtiÂon of the SchenÂgen BorÂders Code, but also repreÂsent a vioÂlaÂtiÂon of interÂnaÂtioÂnal law, incluÂding the GenÂeÂva ConÂvenÂtiÂon on the StaÂtus of RefuÂgees. Such vioÂlaÂtiÂons need to be effecÂtively stopÂped in the countÂries that alreÂaÂdy are part of the SchenÂgen area, and also a clear mesÂsaÂge needs to be sent that no counÂtry that vioÂlaÂtes human rights can becoÂme a part of the zone.«, commÂents AntoÂnia PinÂduÂlić from CentÂre for Peace StuÂdies in Zagreb.
The EU instiÂtuÂtiÂons limiÂtÂed their conÂdiÂtiÂons for CroaÂtia’s accesÂsiÂon to the estabÂlishÂment of an indeÂpenÂdent human rights moniÂtoÂring mechaÂnism. While a genuiÂneÂly indeÂpenÂdent mechaÂnism would be welÂcoÂme, the exisÂting human rights moniÂtoÂring mechaÂnism set up by the CroaÂtiÂan InteÂriÂor MinisÂtry itsÂelf is dysÂfuncÂtionÂal and could only ever be a fig leaf.
MoreoÂver, human rights vioÂlaÂtiÂons comÂmitÂted by CroaÂtiÂan staÂte actors are well docuÂmenÂted, have been conÂdemÂned by the EuroÂpean Court of Human Rights and ackÂnowÂledÂged by seveÂral natioÂnal courts in EuroÂpe. What is now neeÂded is accounÂtaÂbiÂliÂty for thouÂsands of criÂmes comÂmitÂted by CroaÂtiÂan poliÂce units against peoÂpÂle on the move, subÂstanÂtiÂal strucÂtuÂral chanÂges in the poliÂce appaÂraÂtus and the creaÂtiÂon of effecÂtiÂve, indeÂpenÂdent moniÂtoÂring of the exterÂnal borÂders, as well as poliÂtiÂcal conÂseÂquenÂces by the EU.
CroaÂtia’s accesÂsiÂon proÂcess illusÂtraÂtes yet anoÂther time the lack of importance attaÂched to human rights and the rule of law in the EuroÂpean borÂder regime sinÂce 2016: simulÂtaÂneousÂly to the escalaÂtiÂon of vioÂlence, EU instiÂtuÂtiÂons have step by step paved the way for CroaÂtia to enter the SchenÂgen zone.
IndiÂviÂduÂal memÂber staÂtes like GerÂmaÂny also conÂtriÂbuÂted to this proÂcess and proÂviÂded poliÂtiÂcal and logiÂstiÂcal supÂport towards CroaÂtia’s borÂder proÂtecÂtion. A year ago, the new GerÂman coaliÂtiÂon governÂment declared that they „want to end illeÂgal refouÂleÂment and the sufÂfeÂring at the exterÂnal borÂders“. To date, this important tarÂget has not been impleÂmenÂted. This would make GerÂmany’s vote all the more unacceptable.
PushÂbacks and poliÂce vioÂlence against peoÂpÂle seeÂking proÂtecÂtion in EuroÂpe must be met by decisiÂve legal and poliÂtiÂcal actions. Not underÂtaÂking anyÂthing underÂmiÂnes the rule of law and encouÂraÂges memÂber staÂtes and their offiÂciÂals to ignoÂre EuroÂpean legal standards.
BalÂkanÂbrĂĽÂcke
CentÂre for Peace Studies
Dutch CounÂcil for Refugees
EuroÂpean CentÂre for ConÂstiÂtuÂtioÂnal and Human Rights
PRO ASYL