POLICY BRIEF Joseph Cripps From Pact to Practice: How to Implement Human Rights Monitoring What’s the Issue? Across Europe, civil society organisations, National Human Rights Institutions, and international monitoring bodies have all independently documented how border zones have become witnesses to grave human rights violations. By 2020, the erosion of the right to asylum had been well documented, with the systematic use of pushbacks, torture, arbitrary detention, and even secret extrajudicial facilities(so-called“black sites”) emerging as standard elements of migration control at the EU’s external borders. Video footage widely circulated has confirmed that migrants have been held incommunicado in ‘dog kennels’ 1 , showed masked men carrying out violent pushbacks, 2 and even the murder of a migrant by border guards. 3 In response to ongoing violations of human rights at EU borders and non-compliance of some Member States with existing EU law, a new EU asylum framework, the New Pact on Migration and Asylum, was proposed in 2020, adopted in April 2024, and is to be implemented by mid-2026. The Pact outlines a political and legislative roadmap to reform the Common European Asylum System(CEAS). Although an Independent Monitoring Mechanism was initially introduced as a safeguard to prevent pushbacks at external borders, 4 the final version adopted in 2024 limits fundamental rights monitoring to the new ly established screening and the accelerated asylum border procedure, 5 which are to be carried out in closed facilities near the EU’s external borders. To carry out their mandate, Independent Monitoring Mechanisms should investigate allegations of fundamental rights violations in the screening and the border procedure, should have access to relevant locations, individuals and documents, and perform their tasks on the basis of on-thespot, random, and unannounced checks. Monitoring me1 The New York Times. 2020. We Are Like Animals Inside Greece’s Secret Site for Migrants. Available at: https://tinyurl.com/35sc67s5; The Guardian. 2020. Catastrophe for Human Rights as Greece Steps Up Refugee Pushbacks. Available at: https://tinyurl.com/75xd6p8s 2 ECCHR. n.d. Footage of border officers enacting violent pushbacks. Available at: https://tinyurl.com/2b32y3f2 3 Forensic Architecture. 2020. The killing of Muhammad Gulzar. Available at: https://tinyurl.com/2pzph8sw 4 European Commission, 2020. Speech by Commissioner Johansson on the New Pact on Migration and Asylum. Available at: https://tinyurl.com/bdyhntx7 5 Article 10.1. PE/20/2024/REV/1. Available at: https://tinyurl.com/mr48mzkc From Pact to Practice 1
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From pact to practice : how to implement human rights monitoring
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