Controles fronterizos y derechos fundamentales en las fronteras terrestres exteriores

The International Organization for Migration estimates that about 813 people died or went missing crossing the Mediterranean Sea to reach Europe to escape war, persecution or to pursue a better life in 2021, up to 15 June. This is an average of almost five people per day. The EU Agency for Fundamental Rights (FRA) collects data on NGO ships involved in search and rescue in the Mediterranean, legal proceedings against them, as well as difficulties in disembarking migrants in safe ports.

This note outlines how to help ensure a dignified stay for third-country nationals who are apprehended or intercepted at external borders. Specifically, FRA identifies twelve points for protection-sensitive and fundamental rights-compliant planning and design of initial-reception facilities at such borders. These are based on the agency’s work at external borders, including data collection and research activities.

In 2020 (until 15 December), the International Organization for Migration estimated that about 1,054 people have died or gone missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution or to pursue a better life. This is an average of almost three people per day. In the past years, a significant number of migrants in distress at sea have been rescued by civil society vessels deployed with a humanitarian mandate to reduce fatalities and bring rescued migrants to safety. Since 2018, however, national authorities initiated some 50 administrative and criminal proceedings against crew members or vessels, also seizing the latter. In some cases, rescue vessels were blocked in harbours due to flag issues or the inability to meet maritime safety-related and other technical requirements.

This report looks at fundamental rights compliance at the European Union (EU)’s external land borders, including rivers and lakes. On 30 January 2020, the European Parliament requested the EU Agency for Fundamental Rights (FRA) to prepare a report on these borders. It noted that the report should focus on the correct application of the safeguards in the European asylum acquis and the provisions of the Schengen Borders Code (Regulation (EU) 2016/399).

The EU Return Directive (2008/115/EC) in Article 8 (6) introduced an important fundamental rights safeguard for third-country nationals ordered to leave the EU because they do not or no longer fulfil the conditions for entry and/or stay. According to the directive, Member States must provide for an effective forced-return monitoring system.

In 2019, the International Organization for Migration estimated that 1,866 people have died or gone missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution or to pursue a better life. This is an average of five people per day. In recent years, a significant proportion of migrants in distress at sea have been rescued by civil society vessels deployed with a humanitarian mandate to reduce fatalities and bring rescued migrants to safety. Since 2018, however, authorities in some EU Member States started viewing civil society-deployed rescue vessels with hostility. As a reaction, national authorities initiated about 40 administrative and criminal proceedings against crew members or vessels, including seizing the latter. In some cases, rescue vessels were blocked in harbours due to flag issues or the inability to meet technical requirements.

In recent years, thousands of girls and boys have reached Europe without their parents, and sought international protection. Many of them experienced violence, abuse and neglect in their home countries, and while in transit. They have the right to be protected in line with the provisions of the UN Convention on the Rights of the Child, the European Convention on Human Rights, and European Union law. This report explores the challenges and good practices gathered in the implementation of such relocation programmes. Based on information FRA collected in 10 EU Member States, it aims to help national authorities to support the relocation of unaccompanied children by taking measures that are fully rights compliant and practically feasible.

The EU Agency for Fundamental Rights has been regularly collecting data on asylum and
migration since September 2015. This report focuses on the fundamental rights situation
of people arriving in Member States and EU candidate countries particularly affected by
migration. It addresses fundamental rights concerns between 1 July and 30 September 2019.