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FRA guidance on independent border monitoring mechanisms presented to ENNHRI Working Group

FRA presented key aspects of the nine building blocks of its new guidance on independent monitoring mechanisms under the EU Pact on Migration and Asylum to a European Network of National Human Rights Institutions (ENNHRI) working group.

For example, the guidance suggests that statutory bodies entrusted with human rights protection should be prioritised when selecting the monitoring entity. 

Monitoring must also cover the actual implementation of all relevant fundamental rights during the screening and the asylum border procedure. It includes the need for monitors to have unrestricted access to relevant locations, facilities, people and documents as well as linking to investigations of all substantiated allegations of rights violations

FRA also suggests that monitoring results should feed into all relevant EU processes and monitoring schemes, which requires timely, coordinated and comparable reporting. 

FRA's presentation triggered discussions on the next steps which touched upon issues to tackle for the set-up of effective national independent mechanisms to monitor fundamental rights during screening and the asylum border procedures. 

Participants encouraged FRA to work on monitoring methodologies, training tools and questions related to funding. 

This builds on provisions in the Screening Regulation where Member States may request FRA support in developing their independent monitoring mechanism, including safeguards and training. 

The discussion highlighted the added value of developing further detailed tools and materials which can serve all Member States as they provide such mechanisms and support their effective functioning. 

FRA and ENNHRI agreed to remain in constant dialogue during the process facilitating the set-up of national independent monitoring mechanisms by mid-2026. 

The online exchange with FRA took place on 25 September.