Frontex urged to be more aware of fundamental rights

A report analysing the activities of the EU's border control agency Frontex criticises the "bias" in favour of increased security at the sake of human and fundamental rights values.

The report was published by the Belgian-based think tank Centre for European Policy Studies and was also sent to the Civil Liberties Committee of the European Parliament.

It recommends that all future Frontex activities should start being measured against their impact on freedoms and fundamental rights and that the agency should set up a legal unit to assist persons seeking international protection.

Frontex, considered to be one of the youngest agencies in the EU, was set up in 2005 as an independent body tasked to coordinate the operational cooperation between EU member states in terms of border security. The activities of Frontex are intelligence driven and the agency complements and provides particular added value to the national border management systems of the member states.

Since its inception, the agency has been involved in Malta's fight against illegal immigration, particularly through the coordination of joint patrols in the central Mediterranean area with assets from various member states including Malta itself. Such patrols have so far not been considered to be very effective particularly because of Libya's insistence not to participate or cooperate. The bulk of illegal immigrants landing on Malta's shores depart from Libyan ports.

The CEPS report, authored by Julien Jeandesboz, associate researcher at the Centre d'Études sur les Conflits in Paris, states that too much attention is paid to Frontex's effectiveness on security, to the detriment of concern about the impact of Frontex's work on freedoms and fundamental rights.

Commenting on the results of an evaluation of Frontex's activities by the European Commission last February, the report notes that this evaluation falls short of critically assessing the consistence of Frontex activities with the fundamental values upheld by the EU.

"In this regard, it seems important to recall that Frontex is a first-pillar, Community body, which should not only respect the EU fundamental values in its activities but also work for their promotion, particularly in a field which touches upon critical questions related to migration and freedom of movement."

Mr Jeandesboz makes several recommendations to try and alleviate the shortcomings he identifies in the fundamental rights sector.

He states that Frontex's work should be submitted to full assessment of its impact on freedoms and fundamental rights and that the agency should start offering assistance to illegal migrants.

"The European Parliament should insist that a unit focusing on legal assistance to persons seeking international protection be set up within Frontex. Officials from this unit would be present in all Frontex joint operations to assist asylum seekers and persons seeking international protection. Efforts to establish a cooperation agreement between Frontex and the United Nations High Commissioner for Refugees (UNHCR) should also be accelerated," the report states.

The report suggests the possibility of UNHCR officials taking part in Frontex operations and also giving the UNHCR observer status on the agency's management board.