Frontex is the European Border and Coast Guard Agency, established in 2005 with the mandate to safeguard Europe's “area of freedom, security and justice”, as per their website. It seeks to “guarantee free movement” across and within the borders of Europe. Their objectives are to “reduce vulnerability of the external borders, to guarantee safe, secure and functional EU borders”. Currently Frontex has over 800 employees, and has immediate plans to have their operations expanded to 10,000 personnel by 2027 in 29 European countries.
These employees include border guards and coast guards who assist national authorities with border control and migration management.
Based on an annual risk assessment and subsequent consultation with member states, an operational plan is drawn up for each mission. It includes the aim and location of each operation, as well as rules of engagement and their ‘Code of Conduct’ that outlines expectations and behaviours. After each mission, there is an internal evaluation. In 2019, under a new regulation, the agency introduced 40 Fundamental Rights Monitors under the supervision of its Fundamental Rights Officer in its operations. Though they are transparent about the numbers of personnel in Frontex, they also have a lot of additional people from member state authorities that participate in their operations, the details of which are highly intransparent.
Testimonies of Frontex personnel contributing to gross human rights violations and illegal pushbacks across Europe have been (and continue to be) collected by Josoor, our partners in the Border Violence Monitoring Network (BVMN) and other NGOs. Pushbacks describe the practice of border forces returning refugees back across borders without due process. Pushbacks are an illegal violation of basic human rights. Additionally, most pushbacks include brutal violence by border guards, including the use of batons, electric discharge weapons, dog attacks and forced undressing (to name a few).
However, Frontex has repeatedly denied any involvement and knowledge of these pushback practices, and continues to do so even after video evidence proved involvement. Some of Frontex’s internal reports state officers reacted with “excessive use of force”, which often lead to “mistreatment of refugees”, but often conclude reports with the statement “case closed”. The recent investigation disputes these claims and proves, beyond doubt, Frontex’s complicity, ranging from direct participation, to turning a blind eye and failing to intervene. Frontex did conduct an internal investigation after the recent allegations, but found itself innocent within 48 hours. The recent media reports were however successful in bringing attention to these issues that NGOs have flagged for years. The European Commission finally reacted and called for an urgent meeting with the Frontex Management Board on November 10th.
Frontex is supposed to be at the external borders as a ‘protective’ presence, but it has clearly failed to fulfill its mandate and has often abused its power. Frontex’s authority only stretches so far as it cannot control national border police forces. However, Frontex does have mechanisms to report fundamental rights violations as well as the power and authority to remove its personnel from countries. By neglecting to do so, Frontex is complicit in pushbacks and other fundamental rights violations. With the clear mandate to protect fundamental rights, this complicity alone would already be highly problematic. But, with one exception of a Danish crew refusing to follow Greek pushback orders, Frontex is not only turning a blind eye on the criminal actions of national border forces but actively participating in pushbacks.
In addition, Frontex’s operations lack proper legal basis and its interventions are contradictory to its own statute. In article 80 of its regulations, Frontex states that it operates to respect European human rights law. This cannot be the case when asylum seekers are denied their right to apply for asylum, which has been the case in Greece where there is a large Frontex presence. In August 2020, in comparison to August 2019, refugee arrivals in Greece were down 95%. This change is not caused by a decrease in attempts, but due to the illegal prevention of refugees entering Greek territory. Even though the official Greek stance is still that pushbacks are not happening, they proudly announced that since January, over 10.000 refugees have been prevented from entering the country by sea alone.
In addition, Greece suspended the reception of asylum applications for one month on 1 March 2020. Only two days later, Frontex decided to launch a new mission. The UNHCR outlined that “neither the 1951 Convention relating to the Status of Refugees nor EU refugee law provides any legal basis for the suspension of the reception of asylum applications' '. Therefore, “a Frontex operation under the present circumstances lacks the necessary legal basis. Any pushback would clearly violate both EU and international human rights''.
Frontex’s internal reporting mechanisms of these illegal activities are systematically being self-censored. This illegal practice that denies asylum seekers their fundamental rights and willingly puts their lives in danger is condoned by the EU and this investigation finally proves direct involvement of the EU’s border and coast guard agency in this crime against humanity.
Frontex is set to have their powers and funds massively extended. The budget for Frontex to set up 10,000 standing corps by 2027, set by the EU Council, has increased by 32.4% compared to 2019. This amounts to more than €101.4 Million. Also, overall, the European Commission has also proposed to allocate more than €12 Billion to Frontex between 2021 and 2027.
On the 29th October, it was announced that the EU commission is to convene an urgent extraordinary Frontex Management Board on the 10th November to discuss alleged push-back incidents in Greece and fundamental human rights protection. In response to these accusations, the Greek government simply states that “pushbacks are not happening”, despite the wealth of evidence that is amounting against them. Perhaps, this meeting will create a platform for Frontex’s human rights violations to be taken seriously.
Fundamental rights violations by the law enforcement agencies tasked to uphold them cannot be tolerated.
Pushbacks have been conducted for decades but have increased in recent years, particularly since the beginning of 2020. Many reports have evidenced this reality but there was hardly any political backlash with national authorities simply denying it and the EU blaming individual member states. With evidence of Frontex participation in this systematic practice, the EU can no longer blame individual member states for violations of fundamental rights while simultaneously praising them for protecting the common border, such as in the case of Greece. With this evidence of Frontex involvement, it is now the EU’s responsibility to draw consequences.
However, the GUE/NGL groups call for Leggeri to step down is falling short and would allow the system to continue as is. The problem with Frontex is not the individual Executive Director, but rather, the utter lack of transparency of an agency acting independently from other EU institutions. Frontex lacks any external control mechanisms and has failing internal reporting mechanisms. The camaraderie with national border guards, often described by Frontex officers themselves and the clear political mandate to prevent migration in the areas of the EU’s external borders makes it incredibly hard for civil society organisations, such as ourselves, to hold anyone accountable for their actions.
Replacing Leggeri with another Director would not change anything. The problem is not individual people, but Frontex as an agency. This problem had already been identified and Frontex was “reformed” several times, such as in 2014 when it was renamed to “EBCG - the European Border and Coast Guard”. However, this “reform” was so unsuccessful that not even the name caught on.
What really needs to happen immediately is an independent investigation into Frontex’s complicity in fundamental rights violations to ensure objective and reliable conclusions. This should include an independent judicial review with an independent arbitrator.
However, between the political mandate to stop migration and the legal obligation to protect fundamental rights, Frontex proved many times that it cannot be reformed. We therefore believe that the solution to end fundamental rights violations on our borders lies in replacing Frontex with a true European Coastguard coordinating Search and Rescue. European funding of illegal practices and systematic fundamental rights violations cannot be tolerated.
Frontex is the European Border and Coast Guard Agency, established in 2005 with the mandate to safeguard Europe's “area of freedom, security and justice”, as per their website. It seeks to “guarantee free movement” across and within the borders of Europe. Their objectives are to “reduce vulnerability of the external borders, to guarantee safe, secure and functional EU borders”. Currently Frontex has over 800 employees, and has immediate plans to have their operations expanded to 10,000 personnel by 2027 in 29 European countries.
These employees include border guards and coast guards who assist national authorities with border control and migration management.
Based on an annual risk assessment and subsequent consultation with member states, an operational plan is drawn up for each mission. It includes the aim and location of each operation, as well as rules of engagement and their ‘Code of Conduct’ that outlines expectations and behaviours. After each mission, there is an internal evaluation. In 2019, under a new regulation, the agency introduced 40 Fundamental Rights Monitors under the supervision of its Fundamental Rights Officer in its operations. Though they are transparent about the numbers of personnel in Frontex, they also have a lot of additional people from member state authorities that participate in their operations, the details of which are highly intransparent.
Testimonies of Frontex personnel contributing to gross human rights violations and illegal pushbacks across Europe have been (and continue to be) collected by Josoor, our partners in the Border Violence Monitoring Network (BVMN) and other NGOs. Pushbacks describe the practice of border forces returning refugees back across borders without due process. Pushbacks are an illegal violation of basic human rights. Additionally, most pushbacks include brutal violence by border guards, including the use of batons, electric discharge weapons, dog attacks and forced undressing (to name a few).
However, Frontex has repeatedly denied any involvement and knowledge of these pushback practices, and continues to do so even after video evidence proved involvement. Some of Frontex’s internal reports state officers reacted with “excessive use of force”, which often lead to “mistreatment of refugees”, but often conclude reports with the statement “case closed”. The recent investigation disputes these claims and proves, beyond doubt, Frontex’s complicity, ranging from direct participation, to turning a blind eye and failing to intervene. Frontex did conduct an internal investigation after the recent allegations, but found itself innocent within 48 hours. The recent media reports were however successful in bringing attention to these issues that NGOs have flagged for years. The European Commission finally reacted and called for an urgent meeting with the Frontex Management Board on November 10th.
Frontex is supposed to be at the external borders as a ‘protective’ presence, but it has clearly failed to fulfill its mandate and has often abused its power. Frontex’s authority only stretches so far as it cannot control national border police forces. However, Frontex does have mechanisms to report fundamental rights violations as well as the power and authority to remove its personnel from countries. By neglecting to do so, Frontex is complicit in pushbacks and other fundamental rights violations. With the clear mandate to protect fundamental rights, this complicity alone would already be highly problematic. But, with one exception of a Danish crew refusing to follow Greek pushback orders, Frontex is not only turning a blind eye on the criminal actions of national border forces but actively participating in pushbacks.
In addition, Frontex’s operations lack proper legal basis and its interventions are contradictory to its own statute. In article 80 of its regulations, Frontex states that it operates to respect European human rights law. This cannot be the case when asylum seekers are denied their right to apply for asylum, which has been the case in Greece where there is a large Frontex presence. In August 2020, in comparison to August 2019, refugee arrivals in Greece were down 95%. This change is not caused by a decrease in attempts, but due to the illegal prevention of refugees entering Greek territory. Even though the official Greek stance is still that pushbacks are not happening, they proudly announced that since January, over 10.000 refugees have been prevented from entering the country by sea alone.
In addition, Greece suspended the reception of asylum applications for one month on 1 March 2020. Only two days later, Frontex decided to launch a new mission. The UNHCR outlined that “neither the 1951 Convention relating to the Status of Refugees nor EU refugee law provides any legal basis for the suspension of the reception of asylum applications' '. Therefore, “a Frontex operation under the present circumstances lacks the necessary legal basis. Any pushback would clearly violate both EU and international human rights''.
Frontex’s internal reporting mechanisms of these illegal activities are systematically being self-censored. This illegal practice that denies asylum seekers their fundamental rights and willingly puts their lives in danger is condoned by the EU and this investigation finally proves direct involvement of the EU’s border and coast guard agency in this crime against humanity.
Frontex is set to have their powers and funds massively extended. The budget for Frontex to set up 10,000 standing corps by 2027, set by the EU Council, has increased by 32.4% compared to 2019. This amounts to more than €101.4 Million. Also, overall, the European Commission has also proposed to allocate more than €12 Billion to Frontex between 2021 and 2027.
On the 29th October, it was announced that the EU commission is to convene an urgent extraordinary Frontex Management Board on the 10th November to discuss alleged push-back incidents in Greece and fundamental human rights protection. In response to these accusations, the Greek government simply states that “pushbacks are not happening”, despite the wealth of evidence that is amounting against them. Perhaps, this meeting will create a platform for Frontex’s human rights violations to be taken seriously.
Fundamental rights violations by the law enforcement agencies tasked to uphold them cannot be tolerated.
Pushbacks have been conducted for decades but have increased in recent years, particularly since the beginning of 2020. Many reports have evidenced this reality but there was hardly any political backlash with national authorities simply denying it and the EU blaming individual member states. With evidence of Frontex participation in this systematic practice, the EU can no longer blame individual member states for violations of fundamental rights while simultaneously praising them for protecting the common border, such as in the case of Greece. With this evidence of Frontex involvement, it is now the EU’s responsibility to draw consequences.
However, the GUE/NGL groups call for Leggeri to step down is falling short and would allow the system to continue as is. The problem with Frontex is not the individual Executive Director, but rather, the utter lack of transparency of an agency acting independently from other EU institutions. Frontex lacks any external control mechanisms and has failing internal reporting mechanisms. The camaraderie with national border guards, often described by Frontex officers themselves and the clear political mandate to prevent migration in the areas of the EU’s external borders makes it incredibly hard for civil society organisations, such as ourselves, to hold anyone accountable for their actions.
Replacing Leggeri with another Director would not change anything. The problem is not individual people, but Frontex as an agency. This problem had already been identified and Frontex was “reformed” several times, such as in 2014 when it was renamed to “EBCG - the European Border and Coast Guard”. However, this “reform” was so unsuccessful that not even the name caught on.
What really needs to happen immediately is an independent investigation into Frontex’s complicity in fundamental rights violations to ensure objective and reliable conclusions. This should include an independent judicial review with an independent arbitrator.
However, between the political mandate to stop migration and the legal obligation to protect fundamental rights, Frontex proved many times that it cannot be reformed. We therefore believe that the solution to end fundamental rights violations on our borders lies in replacing Frontex with a true European Coastguard coordinating Search and Rescue. European funding of illegal practices and systematic fundamental rights violations cannot be tolerated.
