JRS Europe reacts to new FRONTEX Regulation

(Brussels, 13 September 2011) -- Today the European Parliament adopted major changes to the regulation that governs the activities of the EU border guard agency FRONTEX.

The text is a compromise negotiated behind closed doors in the so-called trialogue, i.e. between the European Parliament, the Council and the Commission.

With regard to protection of forced migrants, the JRS Europe considers it to be a step forward. At least there is now an explicit reference to human rights and refugee law in the regulation. Moreover, a new clause in the regulation says that “no person shall be disembarked, or otherwise handed over to the authorities of a country in contravention of the principle of non-refoulement”.

Special needs of vulnerable persons must be addressed in the context of all operations. Border guards who participate in FRONTEX operations must have undergone training in refugee and human rights law. A Fundamental Rights Officer shall be appointed and have the responsibility for ensuring compliance with international human rights and refugee protection norms.

These norms shall be included in a Code of Conduct for FRONTEX operations. Two small doors are opened to human rights bodies and organisations: A Consultative Forum shall be established, and FRONTEX may invite observers to their operations.

The text has also some negative aspects. There is no mechanism set in place that would allow for an effective and detailed control of FRONTEX activities by external actors, such as the general public or the European Parliament. The agency’s mandate still does not include ensuring access to protection for those who claim that they are in need of it. Instead, the mandate has widened and is now covering not only border control measures but also the coordination of deportation operations. These operations must be carried out “without entering into the merits of a return decision”. This courts the danger that a return decision is enforced even if the officers know that the person in question might be subjected to human rights violations. Also, there is no clause explicitly calling for a termination of a FRONTEX operation in cases where a country to which apprehended migrants shall be returned can not be considered to be safe.

Many problems remain that are not addressed by the new regulation. The situation of forced migrants in the neighbourhood of the EU, for example in Libya, Morocco, Algeria and Ukraine, remains very precarious and unsafe. Bilateral cooperation between EU member states and countries of transit on immigration control are also still possible, such as the renewed agreement of Italy with the Libyan Transitional Government and with Tunisia, or the long-standing cooperation of Spain with Senegal and Mauritania.

See our page on on externalisation of asylum to learn more about JRS Europe's work on migration and border control.

For further information, or to speak to an expert, contact:

Philip Amaral

Policy and Communications Officer

+32 2 250 32 23 / europe.advocacy@jrs.net