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Border Monitoring Methodologies BORDER MONITORING METHODOLOGIES Stakeholders’ Manual for Establishing a Border Monitoring Mechanism edited by mag. Neža Kogovšek, LL.M. Peace Institute, Slovenia November 2006 The manual was issued within the project “Protection of Asylum Seekers in the Republic of Croatia and the Region”, coordinated by the Croatian Law Centre and supported by the European Commission. The Peace Institute holds responsibility for the contents of this publication. The contents cannot be interpreted as a standpoint of the European Commission. 1 TABLE OF CONTENTS INTRODUCTION....................................................................................................3 Chapter 1: INTERNATIONAL PROTECTION AND THE EU LEGISLATION IN CONTEXT OF BORDER MONITORING................................................................5 1. Basics on International Protection......................................................................... 7 2. Legal Framework of International Protection......................................................... 8 3. Basic Principles of International Refugee Law as set in the 1951 Convention .... 11 4. Procedural Requirements ................................................................................... 12 5. Basics on the Common European Asylum System ............................................. 13 6. Legal Framework ................................................................................................ 14 7. Border Monitoring and its Legal Basis................................................................. 15 Chapter 2: BORDER PROCEDURES WITH VULNERABLE GROUPS OF ASYLUM SEEKERS............................................................................................................19 1. Introduction ......................................................................................................... 21 2. Refugee Women................................................................................................. 22 3. Children and Adolescents ................................................................................... 24 4. Conclusion .......................................................................................................... 32 Chapter 3: VICTIMS OF TRAFFICKING – HOW TO RECOGNIZE THEM? .......33 1. Introduction ......................................................................................................... 35 2. Who can become a Victim of Trafficking in Human Beings? ............................... 37 3. Intensive Feelings of Victims of Trafficking of Human Beings ............................. 39 4. Expression of Abuse of Power and Control in a Situation of Trafficking.............. 40 5. Good Practice Principles of Work with Survivors of Trafficking .......................... 43 Chapter 4: BORDER MONITORING METHODOLOGIES ..................................45 1. Introduction ......................................................................................................... 47 2. What is monitoring? ............................................................................................ 47 3. Why monitoring?................................................................................................. 48 4. Fundamental principles and standards of monitoring.......................................... 49 5. Subject and issues of monitoring ........................................................................ 50 6. Monitoring Planning ............................................................................................ 53 6.1. Basic conditions ................................................................................................ 56 6.2. Networking........................................................................................................ 57 7. Monitoring Programme and Execution ................................................................ 58 8. Monitoring as a Starting Point for Other Activities ............................................... 59 Appendix 1:.............................................................................................................. 62 Appendix 2:.............................................................................................................. 64 Chapter 5: EXAMPLE OF A GOOD PRACTICE: SLOVENE AND OTHER POSSIBLE MODELS..............................................................................................................65 I. Slovene Model .................................................................................................... 67 1. Purpose of Border Monitoring ............................................................................. 67 2. Legal Framework ................................................................................................ 67 3. Examples of a Good Practice in the Republic of Slovenia................................... 69 II. Other possible models ........................................................................................ 73 1. “Söderköping Process” ....................................................................................... 73 2. Future Perspectives ............................................................................................ 76 Sources:..............................................................................................................77 2 INTRODUCTION When discussing border monitoring people usually do not ask about details, methodologies, practices or other specific information. On the contrary, the first question would usually be: border monitoring – what is that anyway? Monitoring in its usual meaning has a long tradition with regard to monitoring the conditions in jails, prisons, detention centres and other facilities where freedom of movement of people is restricted. In the recent years when asylum and migration issues have been put on the agenda of the European Union and when the countries started to pay specific attention to migration management, the monitoring activities, usually performed by the NGOs (but also by independent state bodies such as Ombudsman’s offices) have been extended to places where the authorities come in contact with migrants: the border. Border monitoring is therefore an organized and systematic activity aimed at observing and documenting the procedures with foreigners and potential asylum seekers at the borders and in all other facilities that are related with the border (police stations, detention centres for aliens, etc.) . The reasons why border monitoring is useful for any country are similar as with other monitoring activities: to ensure access to justice which in case of asylum means access to asylum procedure (to have the possibility to exercise the right to apply for asylum), to ensure the respect of migrants’ and potential asylum seekers’ basic human rights (prevention of torture or inhuman and degrading treatment or punishment, the right to food, water, clothes, etc.), and to ensure that border procedures are conducted in accordance with the law. Consequently, the aim and result of the border monitoring activity is to increase openness of the police (as well as other state bodies) towards the civil society and to increase the level of trust between the police and NGOs. Such activities also increase the trust in the rule of law by those groups that would otherwise be most vulnerable and exposed to mistreatment: foreigners who do not speak the language, do not know the legal system and have no social network in the country to ask for assistance if they are in trouble. The purpose of this manual is to offer all the necessary information to stakeholders who might take part in border monitoring activities – mostly non-governmental organizations but also police and other state officials. Chapter 1 of the manual describes the international legal basis for border monitoring procedures. Chapters 2 and 3 focus on vulnerable groups (children, women and victims of trafficking that need special attention and treatment within the border and asylum procedures). Chapter 4 as a key part of the manual elaborates on the methodologies of the border monitoring mechanisms and answers questions such as how to introduce it, what conditions must an organization fulfil to be able to carry it out, what rules must it follow and what exactly it is that needs to be monitored. Chapter 5 describes the on- going border monitoring mechanism in Slovenia, presents current developments and challenges, and offers an insight into other border monitoring projects that have been implemented across Europe. We hope that the manual will be useful for those who already plan to establish similar mechanisms, and that it will encourage others to undertake such projects. mag. Neža Kogovšek, LL.M., editor 3 4 Chapter I: INTERNATIONAL PROTECTION AND THE EU LEGISLATION IN CONTEXT OF BORDER MONITORING By Vita Habjan 5 6 1. Basics on International Protection 1 1.1. Before the Birth of the United Nations – International Refugee Organisation During the aftermath of World War I, when the Russian Revolution and the collapse of the Ottoman Empire produced mass movements of people in Europe and Asia Minor, an awareness of the responsibility of the international community – rather than individual governments or private charitable organisations – to provide refugees with protection and find solutions to their problems was raised. At that time, under the League of Nations, refugees were defined as specific groups of people who were considered to be in danger if they returned to their home countries.
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