“The EU cannot continue to undermine human rights outside of its borders under the guise of fighting terrorism and curbing migration. Questions posed by the Ombudswoman to the EU agency mention the monitoring of the EUCAP Mali and Niger civilian missions as well as EU Common Security and Defence Policy (CSDP) civilian missions in Palestine, Somalia, Niger, Mali, Libya, and Iraq.
As detailed in the complaints, this support can range from helping draft surveillance or cybercrime laws to the actual transfer of surveillance equipment or know-how to non-EU countries. The EEAS investigation is focused on whether certain civilian missions carry out human rights risk and impact assessments (HRIA) before providing support. Frontex’s training programmes for GACS, Frontex’s projects in cooperation with EUCAP Sahel Niger, and the assistance project in the Western Balkans for the Service of Foreigners’ Affairs of Bosnia and Herzegovina are also referenced. The inquiry includes questions on the training support on maritime law enforcement operations to the Libyan General Administration for Coastal Security (GACS) as well as on Frontex’s aerial surveillance in the Central Mediterranean Sea in cooperation with the Libyan Coast Guard. The i nvestigation on Frontex is focused on the lack of prior human rights risk and impact assessments (HRIA) in relation to its technical assistance engagement with non-EU countries, such as capacity building and training in surveillance techniques, the transfer of surveillance equipment and other related support. We welcome the two additional inquiries launched by the European Ombudsman following our complaints and we hope they will eventually force EU institutions to uphold the rights of millions of citizens within and outside the EU.” said Ioannis Kouvakas, Senior Legal Officer at Privacy International. “For years, the European Union has been supporting surveillance in non-member states without the proper accountability or transparency mechanisms. The Ombudswoman has now written to both EU agencies with questions, seeking clarification about their involvement in surveillance transfers.
The investigations, opened on 5 October 2022, come in response to complaints filed by Privacy International, Access Now, Sea-Watch, BVMN, Homo Digitalis, and the International Federation for Human Rights (FIDH). The European Ombudswoman, Emily O’Reilly, has launched two new investigations into Frontex, the European Border and Coast Guard Agency, and into the European External Action Service (EEAS), the EU’s diplomatic agency, in relation to their support to non-EU countries to develop surveillance capabilities and, in particular, their lack of prior human rights risk and impact assessments.
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