FRA’s latest migration bulletin draws attention to the increased migration and asylum pressures at the EU’s Belarusian border. It points to the measures the EU Member States have taken to deal with the large number of people arriving at the EU’s external border seeking protection.

The bulletin documents allegations of collective expulsions as migrants are turned away at some of the EU’s land and sea borders without an opportunity to apply for international protection.

In some instances, there are allegations of mistreatment of migrants by authorities.

Other fundamental rights concerns include:

• Overcrowding, and poor access to clean water and sanitation in detention, reception centres and camps in some countries.
• The overuse of immigration detention.
• Placing asylum-seeking children in detention facilities or restricting their free movement.
• Inadequate access to education for migrant children in some camps.

In addition, more than four people per day on average died so far this year crossing the Mediterranean Sea to reach Europe, estimates the International Organization for Migration.

NGOs continue to face difficulties when carrying out search and rescue operations in the Mediterranean, according to FRA’s latest update. It provides a snapshot of operations and developments, including open and closed legal proceedings against crew members or vessels, since 2016 up until 10 December 2021.

The update also contains an overview of vessels that were not immediately allowed to disembark migrants and had to wait at sea for a safe port for over one day in 2021 (as of December).

It also highlights how the pandemic restricted search and rescue work. Rescued people had to quarantine on board the vessels before docking or in ports after disembarkation to prevent any potential spread of Covid-19. Crew members also had to quarantine for two weeks after rescued migrants disembarked.

The bulletin, and search and rescue update both underline the need for urgent fundamental rights-compliant action to stop human suffering. FRA calls for obligations under existing EU and international law to be upheld.

The European Commission, the United Nations and civil society continue to work on lasting solutions. And FRA will continue to support these efforts through its data collection, capacity building and evidence-based advice.

This migration bulletin covers 1 July until 30 September 2021. It looks at the fundamental rights situation in Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, the Netherlands, North Macedonia, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia and Spain.

FRA has been publishing its migration bulletins since September 2015.

1. Protected characteristics can never be the sole basis for profiling

• Profiling involves categorising individuals according to their characteristics.
• To collect and process personal data, law enforcement and border management authorities must ensure that data collection and processing have a legal basis, have a valid, legitimate aim, and are necessary and proportionate.
• Protected characteristics such as race, ethnic origin, gender or religion can be among the factors that law enforcement authorities and border guards take into account for exercising their powers, but they cannot be the sole or main reason to single out an individual. (For more information on ‘protected characteristics’, see Section 1.2.1.).
• Profiling that is based solely or mainly on one or more protected characteristics amounts to direct discrimination, and therefore violates the individual’s rights and freedoms and is unlawful.

2. Any encounter with individuals should be respectful, professional and informative

A good quality encounter in itself does not eliminate bias-based profiling, but is more likely to make the encounter more successful and reduce the possible negative impact of being stopped by a police officer or border guard. In border management, professional and respectful conduct is specifically referred to as a legal obligation. Professional and respectful conduct generally increases a person’s satisfaction with the encounter. Explaining the reasons for stopping a person helps to boost public confidence in police and border management operations, and reduces the perception of bias-based profiling. Respect and politeness, however, never justify unlawful border checks or stop and search actions.

Profiling should be based on objective and reasonable grounds

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