Brussels, 14/11/2013 (Agence Europe) - The new European Ombudsman, Emily O'Reilly, has accused Frontex, the agency in charge of managing common borders, of failing to comply with the obligations incumbent upon it by refusing to introduce a mechanism for processing complaints related to breaches of fundamental rights.
In a press release, the institution states that the Ombudsman had carried out an investigation and public consultation into how Frontex was complying with standards on human rights. Although the Frontex agency, which was set up in 2004, has complied with the majority of the Ombudsman's recommendations, it has refused to put in place a complaints mechanism.
In 2011, a new regulation on the status of Frontex adopted by the Council and the EP introduced further obligations on Frontex in the area of fundamental rights, such as it appointing a person responsible for fundamental rights, explained the Ombudsman. In 2012, this obligation was fulfilled and Frontex also adopted a code of conduct for its operations at sea, as well as a fundamental rights strategy. Nonetheless, the agency, according to O'Reilly, has refused to set up this complaints mechanism because it claims that fundamental rights violations are the exclusive remit of member states. The Ombudsman does not share this opinion and has referred the issue to the EP.
The Ombudsman explained that, in the context of the Lampedusa tragedy and other recent humanitarian disasters on the EU's borders, it is essential that Frontex directly deal with the complaints lodged by immigrants and other people affected. In response to the Ombudsman, Frontex explains that dealing with complaints is not included among its areas of responsibility but that it would strive to improve the system for notifying incidents reported by participants in Frontex- co-ordinated missions, with a view to developing a possible monitoring role. (SP/transl.fl)