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Institutional Framework, Organisation and Capacities

International Standards:

1. A unified, structured system to facilitate co-ordination and co-operation throughout all levels

2. The structure of an agency and its place in the government is clearly outlined

3. A sine qua non for management of irregular migration is the existence of an adequate set-up and sufficient capacities of the relevant authorities

4. A coordinated approach to the gathering of information on legal and illegal migration

5. Comprehensive standard operating procedures must be updated regularly

Sources:

Guidelines for integrated border management in European external cooperation, 2010 (EU IBM guidelines), p. 36 ff. and 54 ff.

Draft SADC Guidelines for Coordinated Border Management, A Practical Guide on Best Practices and Tools for Implementation, 2011 (SADC guidelines), p. 42 ff.

 

Trainings of Officials with Responsibility for Migration and Border Management

International Standards:

1. Proper training, including in country and specialized training of relevant officials, for proper functioning of migration management

2. Components of the training

1. Induction training, covering everything required to operate effectively at the border and inland

2. National immigration law

3. International legal norms and principles and best practices relating to immigration, asylum-seekers and refugees

4. Identification and registration of migrants

5. Protection of vulnerable categories

6. Management of immigration detention facilities

7. Management of expulsion, deportation and assisted voluntary return in line with national law and international standards, including international human rights law

8. Provision of humanitarian assistance

9. Language training, in particular, English

10. Training for managers, particularly on how to work with colleagues from different departments, army, police, etc.

11. Computer skills

Sources:

Guidelines for integrated border management in European external cooperation, 2010 (EU IBM guidelines), p.46

 

Inter-Service and Interagency Cooperation and Coordination

International Standards:

1. Proper functioning of coordination and cooperation processes between key actors

2. A coordinated approach to information-gathering

3. Cooperation at all levels of the agency or ministry both horizontally and vertically

4. Inter-agency arrangements. The provisions of the agreements should include:

1. Information and data exchange obligations and mechanisms

2. Joint risk analysis and/or sharing of risk assessment reports

3. Day-to-day cooperation procedures at Border Crossing Points and inland, including joint operations and controls

4. Joint training

5. Sharing of equipment and facilities, and joint procurement

6. Early warning and contingency plans

Sources:

Guidelines for integrated border management in European external cooperation, 2010 (EU IBM guidelines), p. 36 ff. and 53 ff.

Draft SADC Guidelines for Coordinated Border Management, A Practical Guide on Best Practices and Tools for Implementation, 2011 (SADC guidelines), p. 45 ff.

 

Effective Control of Entry and Exit Ports and Border Surveillance

International Standards:

1. Management of border crossing points (BCPs)

1. A functioning central authority responsible for managing all issues relating to and overseeing the work of BCPs, whether airports, land border crossing points or ports

2. A clear division of tasks between border management agencies

3. The chain of command between policy and operational levels is outlined

4. Networked systems allowing for quick and easy connection from the centre to the BCPs

5. A recordkeeping database

6. Acts that are offences are clearly defined and corresponding penalties have been clearly stated

2. Responsibilities of border security personnel

1. Conduct of border checks

1. Screening, searching and establishing the identity of persons

2. Providing case management and legal advice

3. Providing formal status and documentation

4. Applying basic human health, plants and plant product, animal and food and feed checks on behalf of other services

2. Crime Prevention

3. Border surveillance

4. Information gathering, recording and sharing

5. Confidentiality and respect for privacy

6. Investigations

7. Asylum-seekers

8. Restraint in the use of force

9. Law enforcement

10. Specific responsibilities for customs agencies:

    1. Inspect vehicles and persons crossing the border

    2. Ensure that all goods or animals transported are declared and compliant with legislation and prohibitions and restrictions protecting the safety and security of citizens and the environment

    3. Check validity, authenticity and accuracy of documents

    4. Issue documents and certificates

    5. Collect revenues and duties

    6. Conduct investigations and operations to combat smuggling and fraud

    7. Collect statistics, gather and analyse information in order to identify and counter risks to the security of the border

    8. Assist in the surveillance of the border

    9. Provide support for search and rescue operations

3. Rights of border security personnel

Sources:

Guidelines for integrated border management in European external cooperation, 2010 (EU IBM guidelines), p. 29, 30, 35 ff, 47 ff, 53 ff, 58 ff.

Regulation (EC) No 562/2006 of the European Parliament and of the Council (15 March 2006) establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code): Article 12

Council of the European Union, Commission Recommendation establishing a common “Practical Handbook for Border Guards (Schengen Handbook)” to be used by Member States’ competent authorities when carrying out the border control of persons (November 2006): Part II, Section I,11; Part III

“Ethics of Border Security”, Centre for the Study of Global Ethics University of Birmingham, commissioned by Frontex, (ethics study), p. 29

Asylum Processes (fair and efficient asylum procedures), prepared by UNHCR for the Global Consultations on International Protection, p. 2001, point 50 i).

Code of Conduct for Law Enforcement Officials, adopted by UN General Assembly resolution 34/169 of 17 December 1979, Article 3.

Guideline 19, Twenty Guidelines on Forced Returns, adopted by the Committee of Ministers of the Council of Europe, 2005 (Twenty Guidelines on Forced Returns)

 

International Cooperation

International Standards:

1. Relating to border checks and customs control:

1. The bodies responsible for its implementation

2. The designation of contact points

3. Areas of cooperation

4. Form of cooperation

5. Technical issues

2. Relating to migrants’ countries of origin, countries of transit and destination for onward migration

3. Relating to the regulation of migration

4. Relating to the readmission of migrants

Sources:

Guidelines for integrated border management in European external cooperation, 2010 (EU IBM guidelines), p. 67-68 ff.

Draft SADC Guidelines for Coordinated Border Management, A Practical Guide on Best Practices and Tools for Implementation, 2011 (SADC guidelines), p. 42 ff, 54 ff., 59 ff., 68 ff., 76 ff., 83 ff., 91 ff.

UN High Commissioner for Refugees (UNHCR), UNHCR Position on Readmission Agreements, 'Protection Elsewhere' and Asylum Policy, 1 August 1994, 3 European Series 2, p. 465

 

Respect of Migrants’ Rights

International Standards:

1. Prohibition on torture, cruel, inhumane or degrading treatment

2. Respect for human dignity

3. Non-discrimination

4. Provision of basic needs and welfare

5. Data protection

Sources:

Code of Conduct for Law Enforcement Officials, adopted by UN General Assembly resolution 34/169 of 17 December 1979, Article 2

Guidelines for integrated border management in European external cooperation, 2010 (EU IBM guidelines), p. 85, 95

Draft SADC Guidelines for Coordinated Border Management, A Practical Guide on Best Practices and Tools for Implementation, 2011 (SADC guidelines), p. 111 ff.

 

Expulsion and Deportation

International Standards:

1. Reasons for deportation

2. Procedural guarantees

1. Aliens may be expelled only in pursuance of a decision reached in accordance with law

2. Decisions on expulsion and deportation should be in writing

3. Decisions on expulsion and deportation should indicate the reasons for the decision

4. Decisions on expulsion and deportation should be communicated in a language the migrant understands

3. Access to legal assistance or aid

4. Remedies against expulsion decision

5. Risk of human rights violations upon expulsion

6. Prohibition against collective expulsion

7. Information

8. Status and documentation

9. Immigration courts

10. Diplomatic assistance

Sources:

International Covenant on Civil and Political Rights, Article 13

Protocol No. 4 to the European Convention on Human Rights, Article 4

Protocol No. 7 to the European Convention on Human Rights, Article 1

African Charter on Human and Peoples’ Rights, Article 12

Arab Charter on Human Rights, Article 26

1990 Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Migrant Workers Convention), Articles 22 and 23

Council of Europe, Twenty Guidelines on Forced Return, September 2005, Guidelines 2, 3, 4, 5

EU Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (EU Return Directive), Articles 12, 13.1, 13.3, 13.4

Handbook for preventing unnecessary immigration detention, prepared by the International Detention Coalition, 2015, p. 31

 

Detention

International Standards:

1. Reason for detention

2. Vulnerable Persons

3. Asylum-Seekers

4. Long-Term Resident Migrants

Sources:

Twenty Guidelines on Forced Return, based on Article 5 ECHR, Guideline 6

EU Return Directive, Article 15 (a) and (b)

Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 5(2)

Universal Declaration of Human Rights, Article 14

1951 Convention relating to the Status of Refugees, Article 31

Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention, published by UNHCR, 2012

The Parliamentary Assembly of the Council of Europe, Recommendation No. 1504, 2001, Non-expulsion of long-term immigrants, Recommendation 9

 

Asylum Procedures

International Standards:

1. Access to procedure

2. Responsible authority

3. Legal counselling

4. Interpretation

5. Access to IGOs and NGOs

6. Personal interview

7. Asylum-seekers with special needs

8. Unaccompanied or separated children

9. Forms of decisions

10. Legal remedies

Sources:

Further Developing Asylum Quality in the European Union, prepared by UNHCR, 2011

UNHCR Handbook and guidelines for determining refugee status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees Reissued, 2011

An Overview of Protection Issues in Europe Legislative Trends and Positions Taken by UNHCR, Published by UNHCR in European Series Volume 1 – No 3 – 1995/09

EU Asylum Procedures Directive, Articles 6, 9, 11, 12, 15, 22, 46

Asylum Processes (fair and efficient asylum procedures), prepared by UNHCR for the Global Consultations on International Protection, 2001 -- point 50

Immigration and Refugee Board of Canada, “Child Refugee Claimants: Procedural and Evidentiary Issues”, 1996

UNHCR, Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum, 1997

EU Council Resolution of 26 June 1997 on unaccompanied minors who are nationals of third countries

Save the Children Alliance in Europe/UNHCR, “Separated Children in Europe Programme: Statement of Good Practice”, 2000

 

Accountability and Transparency

International Standards:

1. Oversight

1. Internal

2. External (Parliamentarian)

3. External (Audit)

2. Incorruptibility of Border Security Personnel

Sources:

Guidelines for integrated border management in European external cooperation, 2010 (EU IBM guidelines), p. 40-41, 101

Draft SADC Guidelines for Coordinated Border Management, A Practical Guide on Best Practices and Tools for Implementation, 2011 (SADC guidelines), p. 54

 

Smuggling of Migrants

International Standards:

1. Definition

2. Criminalisation

3. Penalties

Source:

Annex III Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (UN SOM Protocol), Articles 3, 5 and 6

 

Trafficking of Migrants

International Standards:

1. Definition

2. Criminalisation

3. Enforce safety regulations and ensure safety of persons

Source:

Annex II Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (UN TIP Protocol), Articles 3, 5, 6(5), 7(1)

 

Relevant International Treaties

1. The 1966 International Covenant on Civil and Political Rights

2. The 1966 International Covenant on Economic, Social and Cultural Rights

3. The 1969 International Convention on the Elimination of All Forms of Racial Discrimination

4. The 1979 Convention on the Elimination of All Forms of Discrimination Against Women

5. The 1987 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

6. The 1989 Convention on the Rights of the Child (CRC)

7. The 2006 Convention for the Protection of All Persons from Enforced Disappearances

8. The 2007 Convention on the Rights of Persons with disabilities

9. The 1990 Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Migrant Workers Convention)

10. The 2000 United Nations Convention against Transnational Organized Crime

11. Annex II Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (UN TIP Protocol)

12. Annex III Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime

13. The Agreement of 2009 on the Convention on the Prohibition of Trafficking in Persons and of the Exploitation of the Prostitution of Others

 

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