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FRONTEX AS A BORDER MANAGEMENT POLICY OF THE EUROPEAN UNION: Is It an Effective Border System in The Context of Human Rights?

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FRONTEX AS A BORDER MANAGEMENT POLICY OF THE EUROPEAN UNION: Is It an Effective Border System in The Context of Human Rights?
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  FRONTEX AS A BORDER MANAGEMENT POLICY OF THE EUROPEAN UNION:  Is It an Effective Border System in The Context of Human Rights? Z. M ÜGE  ÖNER 114605006E UROPE   AND   MIGRATION R  ESEARCH   PAPER   INTRODUCTION Security or freedom? Could it be possible for them to co-exist at the same time or should we always give up one to have the other? Today, we are witnessing increaseddebates about this paradoxical situation from different fields ranging from how muchgovernments can spy on us to secure our safety to weaponing rebels to fight against‘evil’ governments !nother one of these debatable sub"ects, and one that is the mainsub"ect of this paper, is The #anagement of $perational Cooperation at the %xternal&orders 'hereafter( )*$+T% agency‘The Council of the %uropean .nion estimated that the ob"ective of the %uropean.nion 'hereafter( %. policy for the external borders of %. is integratedmanagement, in order to ensure uniform and high level of control and surveillance,which are a necessary conse/uences of the free movement of persons in %. andfundamental components of freedom, security and "ustice and for this purpose it is predicting the establishment of common rules on standards and control procedures atexternal borders in con"unction with the fact that the responsibility for control andsurveillance of external borders lies with the member states 'hereafter( #S Thus itestablished in 0112 the %uropean !gency under the name )*$+T%, aiming atmanaging operational cooperation at external borders in order for an integratedmanagement of external borders of #S3%. to be achieved’ 4 The %. is a union that embraces values such as democracy, transparency andfreedom .nfortunately though, today the %. is accused of undermining these values 1  Korontzis, T., The Contribution of EUROPOL and FRONTEX in Combating the Phenomenon of Illegal Immigration in Hellas, Review of European Studies, Vol. 4, No. 1; March 2012, pp. 192.  and giving priority to security concerns %specially after the creation of the)*$+T% agency, +5$s and also the global community critici6ed the %. becauseof the incompatibility of the border practices with human rights There are three important periods the %. faced with migrations problems that ledthem to thin7 about the obligation to create such a border management system Thefirst one was the post-war period in the 4891s ‘!fter the conflict many countriesneeded to coordinate the identification and transportation of great amounts of peoplethat moved during the previous years’ 0  :uring this period, the region was actuallylabor exporting rather than labor importing ;ater on, with increasing familyreunifications, the <estern %uropean countries started to have socio-economic problems within the region !fter the Schengen !greement in 48=>, it became anobligation to coordinate the process of migration The second important period thatmade the states obsessive about the security concerns and border management policies was 8344 This event has led to increasing and further hardening of border security measures !lso, it brought up the ‘enemy within’ issue to the %.’s socialcontext !s a result of this, #uslim communities and migrants who were alreadyliving in %urope became 7ind of ‘persona non grata’ by some nationalist politicians’ party programs The third important period is the !rab Spring in 0144 The conflictsin the #iddle %ast and also in +orth !frica led populations to migrate to safe places%specially, the #editerranean part of %urope needed urgent border managementmeasures Today, the high-tech external border control system of )*$+T% ta7es its "ustification from these migration periods 2 Edler, D., Securitization and Insecurity Practices in Europe: The Creation of Frontex, 4o EncontroNacional da Associa çã o Brasileira de Rela çõ es Internacionais, De 22 a 26 de julho de 2013.  This research aims to examine the reasons behind the creation of the )*$+T%agency and to critici6e the border practices within the human rights framewor7 Thisresearch does not offer any new alternative formulation instead of the )*$+T%agency, but tries to demonstrate why the %. should revise the practices under thisagency To do this,  will examine the sub"ect in two main parts n the first part,  will try to show the motivation behind the creation of )*$+T%and other border management agencies such as the %uropean @olice $ffice '%uropoland %.*$S.* '%uropean &order Surveillance System n this part,  will also givesome information about the characteristics of migration flows by giving statistics andtry to show which parts of %urope are the most vulnerable places in this issue n the second part,  want to demonstrate how these border practices became to becritici6ed by human rights organi6ations such as Auman *ights <atch and !mnestynternational The Auman *ights <atch published a report called ‘The %.’s dirtyhands’ in 0144, which critici6es the treatments of migrants in 5reece B  !fter thisreport, media and also human rights and migration organi6ations started to follow the border practices of the %. much more closely n this report, )*$+T% is especiallycritici6ed of undermining the international legal obligations such as non-refoulementof refugees and the protection of migrants’ human rights 2   also would li7e to discussthese practices by lin7ing them to the community values of the %. on which the %.was founded 3  http://www.hrw.org/sites/default/files/reports/greece0911webwcover_0.pdf , Accessed March 25, 2015. 4  Perkowski N., A Normative Assessment of The Aims and Practices of The European BorderManagement Agency Frontex, Refugee Studies Centre, University of Oxford, Working Paper SeriesNo. 81, April 2012, p. 4.  CREATION OF FRONTEX  ‘The physical borders of a state define its territory, which is normally the area over which a state exercises its sovereignty, the limits for its "urisdiction’ >  So themanagement of these borders is also part of the sovereignty of that state and that stateshould manage these borders by ta7ing into account the international legal obligationsand human rights The creation of )*$+T% is a production of such sovereignty butit also involves the externali6ation of migration n this part,  will examine the process that has lead #S to the creation of such an agency and its wor7ingmechanism!s  have said before, there were three important periods that made the #S need acoordinated migration policy against illegal border crossings To ma7e it moreconcrete, it would be useful to give some statistics and characteristics of these flows The Central #editerranean *oute and the %astern #editerranean *oute are the mainroutes to get in %urope These regions have a total of =9 of the detections of illegal border crossings 9 ‘The detections in the Central #editerranean *oute showed a dramatic increase inearly 0144 due to the unrest, which became 7nown as the D!rab SpringE The result of this particular situation in +orthern !frican countries was that between Fanuary and#arch some 01,111 Tunisian migrants arrived on the talian island of ;ampedusa G  n 5  Luisa Marin University of Twente, Policing the EU’s External Borders: A Challenge for the Rule of Law and Fundamental Rights in the Area of Freedom, Security and Justice? An Analysis of Frontex Joint Operations at the Southern Maritime Border, pp. 469. 6  Evangelos-Marios, K., Supervisor: Arnold Kammel, The European Illegal Immigration Issue and The Assessment of The Efficiency of The EU’s FRONTEX Agency in Central and Eastern Mediterranean, 13/09/2012, pp. 8. 7  Ibid, pp. 15.
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