Facing Criticism: EU’s Frontex Dragged to Court over Lack of Transparency on Libyan Cooperation

Amnesty International Calls for Transparency in Frontex Operations

Background

On October 11th, 2023, the General Court of the European Union will hold a hearing on the case Naass and Sea-Watch v Frontex. The case raises concerns over Frontex‘s lack of transparency regarding its involvement in maritime interceptions and alleged human rights abuses against refugees and migrants in Libya. Amnesty International’s Refugee Rights Researcher, Matteo de Bellis, has criticized Frontex for using planes and drones to identify people attempting to reach safety in Europe, only to then alert the Libyan coastguards. This often results in refugees and migrants being intercepted and returned to Libya, where they face arbitrary detention and torture. Frontex‘s refusal to disclose documents relating to its surveillance activities and cooperation with Libyan authorities has prompted Sea-Watch, an NGO operating in the central Mediterranean, to file a lawsuit against Frontex.

Amnesty International’s Calls for Transparency

Amnesty International, which will be attending the hearing to observe proceedings and support efforts to advance justice for refugees and migrants in the central Mediterranean, is calling for Frontex to be transparent about its role in operations that may have led to human rights violations. Matteo de Bellis argues that without such transparency, any pledges Frontex makes regarding human rights protections will be superficial and fail to result in meaningful change.

The Importance of Transparency

Transparency is a fundamental principle that underpins accountability and the protection of human rights. In the context of Frontex‘s operations, it is crucial that the agency is open and forthcoming about its activities. The interception and return of refugees and migrants to countries where they face abuse and violence is a grave violation of their rights and contravenes international law. By hiding behind a shield of secrecy, Frontex undermines the very values it claims to uphold.

Transparency is not just a moral imperative; it is also vital for the proper functioning of democratic societies. Accountability and public scrutiny are essential in holding institutions and authorities to account, ensuring that they fulfill their obligations and act in the best interests of society. Frontex, as a border agency responsible for protecting the EU‘s external borders, must be subject to rigorous examination and transparency to maintain public trust and legitimacy.

The Need for Action

The case against Frontex highlights the urgent need for action to address the mistreatment of refugees and migrants in the central Mediterranean. The EU and its member states have a responsibility to protect the rights of those seeking refuge, as enshrined in international law. This includes ensuring that Frontex operates with full respect for human rights, transparency, and accountability.

It is essential that the General Court of the European Union conducts a thorough and impartial examination of Frontex‘s actions and holds the agency accountable for any violations of human rights. This hearing provides an opportunity for the court to assert the importance of transparency and send a strong message that human rights standards must be upheld, even in the context of border control.

Editorial: Frontex Must Embrace Transparency

Frontex‘s lack of transparency in its operations not only undermines its credibility as a human rights-focused agency but also erodes trust in the EU‘s commitment to protecting the rights of refugees and migrants. By refusing to disclose documents relating to its surveillance activities and cooperation with Libyan authorities, Frontex perpetuates a culture of secrecy that allows violations to go unchecked.

The European Union must make it clear that transparency is a non-negotiable requirement for Frontex‘s operations. This means not only insisting on the release of relevant documents but also implementing robust mechanisms to ensure ongoing transparency and accountability. Frontex must be held to the highest standards of human rights protection, and transparency is a critical component of achieving this goal.

Recommendations

1. Frontex should fully cooperate with the General Court of the European Union and provide all requested documents related to its surveillance activities and cooperation with Libyan authorities.
2. The European Union and its member states should establish clear guidelines and oversight mechanisms to ensure transparency and accountability in Frontex‘s operations.
3. Refugee and migrant rights organizations, civil society, and the media should continue to pressure Frontex and the European Union to prioritize transparency and human rights in all future operations.
4. The European Union should consider independent oversight mechanisms to ensure ongoing monitoring of Frontex‘s compliance with human rights standards and transparency requirements.
5. Frontex should proactively engage with NGOs and civil society organizations to foster dialogue and inclusive decision-making processes that prioritize human rights and transparency.

By adopting these recommendations, the European Union and Frontex can take critical steps towards restoring trust, upholding human rights, and ensuring the protection of refugees and migrants in the central Mediterranean and beyond.

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