Frontex came under fire from the Hungarian Helsinki Committee for turning a blind eye towards human rights violations against displaced people in Hungary. While, last week Frontex suspended operations in Hungary, it is one of several claims of Frontex complicity in pushbacks on migrants along Europe's borders.

“I think it should be very clear what Frontex is doing or not doing. Because the whole idea of Frontex is tricky in itself,” CSV MP Paul Galles told Delano, adding: “And if there are problems respecting human rights there’s a huge problem. I want to be sure they are following their mission and not doing what they don’t want to do.”

Maritime pushbacks

Frontex is also accused of having prevented migrants from entering Europe via sea on several occasions between March and August 2020. Der Spiegel and Bellingcat reported  claims that Frontex personnel were complicit in Greek navy operations that forced migrant boats to return to Turkey.

EU home affairs Commissioner Ylva Johannsen held a meeting in November 2020 with the Executive Board of Frontex to examine push-back allegations. This was followed by further discussions in January 2021, leading to the publication of an intermediate report which concluded: “On the basis of the information provided, it could not establish evidence of fundamental rights violations”. Investigations into five incidents were still ongoing, however.

In 2020, the Pirate party in Luxembourg called a meeting between the foreign affairs committee and the country’s Frontex board representative. Pirate MP Sven Clement said it plans to call another. He told Delano: “Now that the intermediate Report regarding the push-back allegations are published, and as recommendations have been set up, we wait for the final report on this matter which should be published on 26 February.”

Galles agreed that any solution should be found by working with the executive board of the agency.

Question of authority

Responding to a recent parliamentary question, foreign affairs minister Jean Asselborn agreed human rights had to be respected by Frontex. But, he also  stressed “the agency only has power over the agents deployed by Frontex. It has no authority over the forces of order in member states,” he wrote, adding: “All agents are obliged to report any fundamental rights violations via the serious incidents line.”

The issues come as the 16-year-old agency begins expanding and is expected to have a 10,000-strong force of border guards by 2027. Some 5,000 officers will be recruited this year. According to Asselborn, Luxembourg will contribute one long-term agent and 11 agents for short-term missions.

Under the planned changes, the agency will recruit 40 officials to ensure it respects fundamental rights, up from the one officer currently in place.

In addition to the human rights concerns, Frontex was accused of meeting with unregistered lobbyists representing weapons, surveillance and biometrics industries. According to an investigation, of the oganisations the agency met with from 2017 to 2019, 70% were not registered in the EU transparency register.