Fundamental rights challenges at the EU's air and land borders

Last week, at the European Union Agency for Fundamental Rights  (FRA) annual conference on Fundamental Rights and Migration to the EU, two new reports were published that map out the fundamental rights situation at the EU’s air and land borders. They describe the treatment of people entering the EU and make suggestions to improve respect for their fundamental rights.

The reports identify issues that negatively affect the fundamental rights of non-EU citizens arriving in the EU and formulate recommendations for improvement, directed at EU and national policy makers, the EU borders agency Frontex, and operative officers working at border check posts.

• Although border guards receive instructions on professional and respectful treatment, some passengers found border guards to be unhelpful, unresponsive and hostile verbally. EU Member States should therefore address serious forms of disrespectful conduct towards travellers.
•  Less than half of border guards at airports said they informed people undergoing detailed border checks why they were being examined. Over two thirds also said they would not tell people who are refused entry into the EU where to get legal assistance. Border guards must provide all travellers with timely and adequate information when they are subjected to detailed checks or if they are refused entry.
• At the land border crossing points, two out of three border guards said they would not start an asylum procedure even if the traveller said that their lives or freedom would be at risk if they were returned to the country they had left. At airports, only 22% of border guards had received written guidance on identifying potential victims of trafficking. Border guards therefore need to be better trained and sensitised to recognise asylum seekers or migrants who have been trafficked. Border management authorities should also ensure there are procedures in place and training available for border guards who deal with children.
• Facilities for migrants who have been refused entry or who have arrived without papers are often insufficiently equipped, even though people can be held there for several hours. Member States must ensure that these facilities meet basic needs, including the provision of food and water.

The full reports are available to download:

 Fundamental rights at airports: border checks at five international airports in the European Union

 Fundamental rights at land borders: findings from selected European Union border crossing points 

HRLC is a member of FRANET, the FRA’s multidisciplinary research network. As the UK contractor, HRLC, upon request, provides relevant legal and social research data to the FRA on fundamental rights issues, to facilitate the Agency’s comparative analyses.

In March 2015, HRLC will host the annual student human rights conference. This year, the focus of the conference Migration and Human Rights: Perception v Reality  will be to challenge society's perception of migration and consider the realities attached to it; from the root causes to the limitations of achieving 'global' freedom of movement. The Call for Papers  is now available.