This report is dedicated to the improvement of human rights monitoring of forced returns in Europe. It summarises the work undertaken with the aim to formulate harmonised guidelines for monitors of forced return in Europe via land and sea borders, as well as through scheduled flights. The guidelines are conceived to be applicable to different types of return operations and to support national monitors working within their respective frameworks of national monitoring systems. This report contributes to the “Finding Agreement in Return” (FAiR) project’s research component on fundamental rights in return. Reflecting the prevalent interpretation of forced return monitoring in Europe, this report does not engage in monitoring post-return (covered elsewhere within the FAiR project). Similarly, the report does not engage with the legality of issued return decisions taken in EU Member States, since assessing return decisions’ grounds is not a competence of national monitoring bodies. Accordingly, the recommendations follow a “baseline” approach, which, in practical terms, considers monitoring to be effective from the moment the return order is enforced and the operation starts (transport of a returnee to the point of departure) until the moment the returnee is handed over, in the case of escorted returns, to authorities in the country of return. Considering the plurality of mechanisms and regulations applying to forced return monitoring in Europe, the research followed a two-step approach consisting of:

  1. A thorough mapping of existing monitoring practices in forced return at national and international level, which included researching the main features of monitoring systems in 11 European countries (10 EU MS + Switzerland);
  2. A series of consultations with relevant forced return stakeholders, including monitors and escort officers centred around harmonisation needs and challenges.

This approach revealed that (1) harmonisation of human rights monitoring in Europe is gaining traction and this is widely considered to benefit human rights safeguards, and (2) a lack of common standards in the deployment of monitors on return operations is a persistent challenge which calls for greater attention. Stakeholders assert that fundamental rights and principles applicable to monitoring in forced
return are consistent across countries and types of operations conducted. To a large extent, human rights monitors participating in commercial flight, land or sea operations are expected to broadly follow the same steps and rules, and to draw on the same observation methods, as monitors in charter flights. Above all, monitors are advised to continue to:

  • Focus attention on the needs and vulnerabilities of returnees, particularly in case families or minors are returned.
  • Assess the effectiveness and clarity of communication by escort teams and evaluate the use of force considering principles of proportionality and individuality.
  • Check for medical supervision and guarantees during the operation.

Submit detailed and impartial reports on the conduct of the operation upon its completion. In contrast, limitations and inconsistencies are identified with respect to monitoring systems and the deployment of monitors, which tend to affect human rights monitoring and its impact on safeguarding human rights in the context of national return operations. Inadequate funding, restricted monitoring mandates curbing monitors’ access to certain operation stages, as well as unsuited reporting channels to enforcing authorities and lawmakers have been reported to hamper monitor’s work. For this reason, in addition to promoting convergence in monitors’ practices, harmonisation efforts and guidance needs to shift towards enhancing standards in the deployment of monitors, and empowering structures of monitoring across European countries.

Based on these results, the report invites national and European bodies to consider the following steps:

  • Increase resources available for monitoring bodies to maximise monitors’ presence in forced return operations.
  • Clarify (and extend) mandates for monitors to link different operation stages.
  • Set new benchmarks for the timely exchange of information, including passengers’ details, between participants in return operations.
  • Establish direct and systematic reporting to enhance feedback loops with law enforcement authorities and legislative bodies.

Some of these are already reflected in practice and pre-existing literature on the subject, but still require actionable suggestions which public administrations in Europe can act upon, ideally within their respective national monitoring systems – irrespectively whether monitoring is being undertaken by the Ombudsman institution or through a project-based activity conducted by a specialised civil society organisation. The proposed guidelines entail baseline operational guidance, which is purposefully designed to conform to different national regulations on the subject and to types of operations monitors might be assigned to. Primarily dedicated to informing and improving national forced return monitoring practices, these guidelines promote common standards and harmonisation in the safeguarding of human rights in return. On that account, the report draws attention to contextual factors susceptible to improve monitoring’s effectiveness, such as more effective follow-up to monitors’ reports and improvements in the overarching fundamental rights frameworks. Acknowledging that the implementation of “effective monitoring systems” in forced return remains a national competence, the guidelines serve to benefit monitors’ work on the ground but also to lay foundations for structural enhancement of human rights compliance in the conduct of forced return in Europe.

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