A/HRC/47/30
investigate Frontex’s compliance with and respect for human rights, and its adherence to its
own transparency and accountability standards.91
77.
Frontex’s limited accountability mechanisms have come under criticism for failing to
provide prompt, transparent and thorough investigations into allegations of human rights
violations in the context of the agency’s operations.92
6.
Denial of access to territory and/or access to asylum
78.
In Greece, authorities suspended the admission of asylum seekers entering the country
irregularly in the Evros land border region for 30 days in March 2020, on the grounds of
addressing unprecedented migratory pressure, derogating from binding procedures in
national law and from international obligations. 93 In this regard, the Special Rapporteur
emphasized in a public statement that such suspension had no legal basis in international
human rights law, stressing that the right to an individual assessment cannot be put on hold. 94
79.
In France, numerous unaccompanied child migrants are reportedly subjected to entry
refusal and removal at the land borders with Italy and Spain, without due respect for the child
rights protections in national law or for international obligations to consider best interests.95
80.
In Hungary, pushbacks have been legalized under the 2016 amendments to the Act on
State Borders. 96 They prescribe that migrants apprehended within a zone 8 km from the
border fence at the border with Serbia or Croatia are to be removed to two transit zones
established on the southern border with Serbia. 97 Since 2017, such pushbacks have been
enabled from the entire territory of Hungary, following the declaration of a so-called “crisis
situation caused by mass immigration”, resulting in practice in the application of derogations
in the guise of general rules.98 Under those provisions, Hungary fails to ensure that return
decisions are individual and to provide safeguards against refoulement. Since 2016, the
Hungarian authorities have forcibly removed more than 71,000 people. 99
81.
Chile, Ecuador and Peru have turned to militarization of border governance in
response to large movements of Venezuelans outside of their country. Reports of those States
expelling migrants without due evaluation of their vulnerability or protection needs are
worrying.100 Trinidad and Tobago returned hundreds of migrants to the Bolivarian Republic
of Venezuela on several occasions in 2020, including children, without assessing the risks to
them, including of refoulement. Boats carrying migrants have been intercepted and escorted
back to Venezuelan waters.101
91
92
93
94
95
96
97
98
99
100
101
European Parliament, Committee on Civil Liberties, Justice and Home Affairs, “Respect of
fundamental rights by Frontex: European Parliament inquiry launched”, 23 February 2021, available
at www.europarl.europa.eu/news/en/press-room/20210223IPR98504/respect-of-fundamental-rightsby-frontex-european-parliament-inquiry-launched.
Submission by Human Rights Watch.
Submission by Greece. See also GRC 1/2020, available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25116,
and the response by Greece, available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35244.
The Special Rapporteur’s statement is available at
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25736&LangID=E.
See the submission by the National Consultative Commission on Human Rights, of France, and the
submission by UNICEF.
Submission by the Hungarian Helsinki Committee.
The Court of Justice of the European Union has held that such escorts to a strip of land devoid of any
infrastructure are equivalent to removal. See European Commission v. Hungary, case C-808/18,
judgment of 17 December 2020.
Ibid.
UNHCR, “UNHCR concerned by Hungary’s latest measures affecting access to asylum”, 10 March
2021, available at www.unhcr.org/news/press/2021/3/6048976e4/unhcr-concerned-hungarys-latestmeasures-affecting-access-asylum.html.
See the statement by the High Commissioner for Human Rights to the Human Rights Council at its
forty-sixth session, available at
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?LangID=E&NewsID=26806.
Submission by the Caribbean Centre for Human Rights.
15