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European Union Agency for Fundamental Rights (FRA) recently issued a new report entitled “Migration: Fundamental rights issues at land borders”. The report has been produced at the request of the European Parliament. It contains observations on the human rights compliance at the external borders of the European Union and presents some suggestions in this regard.
The report is composed of three main sections. Firstly, it gives an overview of the EU law regulation of border management. Secondly, it explores the impact of fundamental rights on Member States’ duty to protect borders. Thirdly, the report analyses various practical aspects of border management, indicating current fundamental rights challenges in this respect.
In its Concluding Observations, FRA reaffirms that compliance with fundamental rights is an essential component of effective border management. It is highly important to ensure full application and implementation of the safeguards fundamental rights contained in the relevant EU law instruments. FRA considers that, above all, existing oversight mechanisms still need to be improved, especially the regulation of refoulement and push-backs. At an operational level, various aspects of the daily work of border guards need further legal clarifications. There is a need for a victims-focused approach when combating organised crime at borders. Finally, FRA observed the necessity of improving the transparency on actions taken at the national level to investigate allegations of push-backs and ill-treatment at borders.
The European Union Agency for Fundamental Rights is providing fundamental rights assistance and expertise to EU institutions and the Member States. The FRA promotes the application of the Charter across the EU as a means to uphold the fundamental rights of everybody in the EU.
FRA has been regularly collecting data on migration since November 2015.