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

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