Europe: sharp increase in forced removal of unsuccessful asylum seekers

10 February 2010

The number of unsuccessful asylum seekers and migrants forcibly removed by EU governments has tripled in the last three years, according to data released for the first time by the EU external borders agency, Frontex.

Last year, more than 1,500 people were deported on 31 Frontex-coordinated flights involving two or more EU states, nearly twice as many as the previous year. Moreover, after a meeting of EU heads of state last October, the EU Commission made proposals to increase significantly the powers of Frontex, including more expulsion flights and greater cooperation between countries of transit and origin.

In response to criticisms from human rights organisations, Frontex has repeatedly stated that it is not the agency's responsibility to monitor the respect of human rights law, but to coordinate with EU state.

More transparency, oversight and training needed

Speaking to Dispatches on 22 January, JRS Europe Policy Officer, Philip Amaral, described the activities of Frontex as opaque. He called for greater monitoring of Frontex activities by the European Parliament and civil society. One aspect of this monitoring would be to ensure that migrants seeking protection in the European Union would be given the opportunity to submit asylum applications in an EU state; applications which should be processed onshore and not summarily dismissed while at sea.

"Frontex should ensure its actions do not contravene international human rights and EU law as it is responsible for the coordination of border control operations throughout the Union", Mr Amaral responded.

Frontex staff, the JRS policy officer continued, should be given proper training to ensure that asylum law is upheld in their operations and that the basic needs of migrants are met. The border agency needs to adopt clear and transparent procedures to ensure that returned migrants and asylum seekers are not directly or indirectly subjected to human rights violations.

Last June, a report by Human Rights Watch highlighted the role played by Frontex in assisting the Italian authorities to forcibly return migrants to Libya. The report, Pushed Back, Pushed Around, accused Frontex of having failed to ensure that the Libyan authorities would allow the migrants to apply for asylum.

In a report by JRS released in December, Do They Know?, migrants in Malta discuss their experiences in Libya: long periods of detention, inhumane treatment and inexistent asylum protection mechanisms.