A/HRC/62/35
search-and-rescue activities. 123 Where individuals are transferred to third States,
arrangements should ensure continuity of monitoring. As an example of monitoring activities
within third States, the European Union introduced a third-party monitoring framework for
European Union-funded migration cooperation projects in 2019, intended to strengthen
situational awareness in complex operational contexts where direct access may be limited.124
Third-party monitoring framework initiatives have since been implemented in Libya and
Tunisia, however their effectiveness remains in question. Available information suggests that
European Union monitoring systems have not consistently provided reliable information on
human rights risks or ensured adequate follow-up.125 Concerns also persist regarding the
limited scope and transparency of monitoring, including its focus on project compliance, and
the lack of public reporting.
C.
Complaint mechanisms
50.
Complaint mechanisms are essential for enhancing transparency and ensuring
accountability, complementing human rights impact assessments and monitoring. 126
51.
They may be integrated into existing frameworks or established as stand-alone
procedures, and should be accessible and effective. Mechanisms should be open to anyone
alleging a violation, regardless of location, and individuals must be informed of their
availability. Procedures should be simple and user-friendly, with safeguards against
retaliation and the possibility of third-party complaints where patterns of violations exist.
Measures should address practical barriers, such as geographic and linguistic obstacles.
Complaints must be examined promptly and impartially by independent bodies, leading to
effective remedies and, where appropriate, sanctions.127
52.
At the European Union level, several mechanisms offer useful practices for the
establishment of complaint mechanisms for persons subject to externalization measures. The
Frontex complaints mechanism allows individuals who consider that their fundamental rights
have been violated during its operational activities, or their representatives, to submit
complaints directly to the agency.128 However, a key limitation is that complaints are handled
through an internal process rather than by an independent body. More recently, the European
Union has introduced an internal procedure to address human rights complaints in European
Union-funded projects. This procedure provides for the verification of complaints and, where
justified, the activation of suspension or termination clauses. 129 While this constitutes a
positive development, its effectiveness in ensuring accountability and redress would be
enhanced by the involvement of independent bodies and the establishment of clear criteria
for the suspension of funding. Concerns have also been raised regarding its accessibility and
transparency.
VIII. Conclusions and recommendations
53.
The Special Rapporteur notes with concern the increasing reliance on the
externalization of migration control. Despite concerns raised in the Special
Rapporteur’s previous report, 130 new agreements and arrangements continue to be
123
124
125
126
127
128
129
130
GE.26-06322
European Union Agency for Fundamental Rights, “Monitoring fundamental rights during screening
and the asylum border procedure – a guide on national independent mechanisms”, 19 September
2024.
See https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=39484.
European Court of Auditors, Special report 17/2024, “The EU trust fund for Africa – Despite new
approaches, support remained unfocused”, 25 September 2024, para. 55.
A/80/302, para. 48.
See https://cdn.ceps.eu/wp-content/uploads/2018/03/Complaint Mechanisms_A4.pdf, pp. 10–13; and
OHCHR and Global Migration Group, Principles and Guidelines, Supported by Practical Guidance,
on the Human Rights Protection of Migrants in Vulnerable Situations, principle 17, para. 4.
See https://www.frontex.europa.eu/fundamental-rights/frontex-complaints-mechanism/.
See https://www.europarl.europa.eu/doceo/document/E-10-2025-004302-ASW_EN.html.
A/80/302.
17