A/HRC/23/46
6.
The Special Rapporteur therefore decided to dedicate the first full year of his
mandate to carrying out a study on the European Union’s management of its external
border and the impact thereof on the human rights of migrants. The study, developed in
consultation with the European Union and relevant member States, has the objective of
assessing the progress made, as well as the obstacles and challenges which remain in
protecting and promoting the human rights of migrants, paying particular attention to the
human rights of migrants in an irregular situation.
7.
The Special Rapporteur travelled to Brussels in May 2012, where he carried out
initial consultations with representatives of relevant European Union institutions, including:
the Commissioner for Home Affairs, the Directorate-General for Justice, the Directorate
General for Enlargement, the Directorate-General for Development and Cooperation –
EuropeAid, the European External Action Service, members of the European Parliament,
including the Parliamentary Sub-Committee on Human Rights, the Human Rights Working
Group, the Presidency of the Council of the European Union/Chair of the High Level
Working Group on Migration and Asylum, the EU Counter-Terrorism Coordinator and
Frontex. He also held meetings with the European Union Agency for Fundamental Rights
in Vienna.
8.
Throughout the year, he liaised with intergovernmental organizations including the
Office of the United Nations High Commissioner for Refugees (UNHCR), the International
Organization for Migration (IOM), and the International Centre for Migration Policy
Development (ICMPD). He also maintained ongoing engagement and discussions with
academics, civil society organizations, and migrants themselves.
9.
The Special Rapporteur then undertook four visits to countries on both sides of the
European Union’s external border to examine examples of border management policy in
practice. Whilst the external border of the European Union is very large, the Special
Rapporteur chose countries at the southern Mediterranean border, due to the fact that the
southern border not only remains one of the key points of entry for migrants to the
European Union, but also entails a treacherous sea journey across the Mediterranean Sea
and dangerous overland routes. The Special Rapporteur visited both sides of two of the
main points of entry for migrants to the European Union: Turkey and Greece, and Tunisia
and Italy. He visited Tunisia and Turkey in June 2012, Italy in October 2012 and Greece in
November-December 2012. In February 2013, the Special Rapporteur returned to Brussels
to consult with relevant European Union institutions on his preliminary conclusions and to
seek further clarifications.
10.
In each country, the Special Rapporteur visited detention centres, shelters and other
accommodation for migrants, and border crossings. He also met with relevant national
authorities responsible for border control and migration, as well as civil society actors
focused on these matters.
11.
The findings and recommendations emerging from these visits are presented in the
four addenda to this report. Using the country visits as real case examples at the national
level, this thematic report seeks to highlight some of the ongoing challenges in the
development and implementation of policies , and to provide recommendations to assist the
European Union and its member States in overcoming such challenges individually,
bilaterally and regionally.
12.
The Special Rapporteur would like to thank everyone who took the time to meet
with him and for sharing information about their perspectives and experiences. In
particular, the Special Rapporteur expresses his appreciation for the support and
cooperation extended by the European Union, and the member States he visited, in assisting
with his study. He would also like to sincerely thank the OHCHR Regional Office for
Europe for their indispensable support and assistance.
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