FAiR researchers promote human rights-centred border monitoring
On October 1, 2024, a pivotal meeting co-organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Migration Consortium took place in Warsaw. The event focused on establishing an independent border monitoring mechanism in Poland, as mandated by the EU’s Regulation 2024/1356, the “Screening at Borders Regulation.”
The regulation emphasises upholding key international frameworks, including the Paris and Venice Principles, as well as the Optional Protocol to the Convention against Torture (OPCAT). It also encourages collaboration with national, international, and non-governmental organizations to strengthen the monitoring process.
A crucial contribution to this discussion came from the FAiR research consortium, whose research has provided valuable insights into ensuring human rights compliance for monitoring forced return processes within the EU. In line with the newly adopted Pact’s provisions, EU Member states fundamental rights monitoring mechanisms at EU external borders will oversee a range of border management activities.
“This will be crucial as human rights violations are widely reported at Europe’s borders making the need for independent monitoring a pressing issue. Monitoring can, in fact, ensure transparency and accountability of border procedures related to migration governance. Arbitrary and prolonged detention, violence, and dubious interception practices are only few examples of the risks that migrants might face on border sites,” stated Dr Antonella Patteri, Research Fellow at the Institute of Law Studies, Polish Academy of Sciences and member of the FAiR consortium.
Bridging Research and Practice
FAiR’s research stressed the importance of establishing a transparent reporting mechanism for tracking human rights violations during forced returns. The consortium also underscored the importance of learning from existing models, such as Bulgaria’s 2010 Tripartite Agreement between the Bulgarian State Police, UNHCR, and the Bulgarian Helsinki Committee, which has become a successful example of border monitoring.
By providing research-driven recommendations, FAiR contributed to discussions on how Poland can develop an effective, independent border monitoring system that ensures compliance with both national and international laws.
International and Polish Perspectives on Monitoring
During the meeting, international organizations such as the European Union Agency for Fundamental Rights (FRA), UNHCR, and IOM shared their perspectives on the importance of independent border monitoring. They outlined standards, best practices, and recommendations for creating systems that ensure transparency and protect human rights. Polish institutions, including the Office of the Commissioner for Human Rights and the Office of the Commissioner for Children’s Rights, offered insights into how such mechanisms could be adapted to Poland’s specific context.
By providing research-driven recommendations, FAiR contributed to discussions on how Poland can develop an effective, independent border monitoring system that ensures compliance with both national and international laws.
A Way Forward for Poland
The meeting in Warsaw allowed stakeholders to exchange ideas on how Poland can implement a monitoring mechanism that aligns with EU standards while reflecting the specific needs of the country. Drawing on lessons from other Member States, such as Croatia and Greece, participants emphasized the importance of ensuring the independence of monitors to enhance compliance with human rights and improve the predictability of border management.
As Poland continues to develop its National Implementation Plan, the insights from this meeting will play a key role in shaping an independent border monitoring system that promotes orderly migration and protects human dignity.