Accountability at borders: between restrictive European border governance and fragmented national landscapes for human rights protection

Abstract

This article explores the interrelation between poor accountability for human rights violations at borders and broader deficiencies in ensuring the implementation and enforcement of human rights law at the national level. First, the author provides a brief overview of the complex and diverse landscape in the EU of national bodies with monitoring or accountability functions relevant to responding to human rights violations at borders, including National Human Rights Institutions (NHRIs) and National Preventive Mechanisms (NPM). Building on existing literature on the nature and effectiveness of domestic institutions, this contribution argues that these actors have become central in responding to systematic violations at borders. Yet, the potential of national frameworks for human rights protection at borders is not fully explored, resulting in a missing link for accountability for violations at borders. To illustrate this argument, the article provides a critical analysis of the European Commission’s proposal under the Screening Regulation for the Member States to establish “border monitoring mechanisms”. It is argued that the proposed approach fails to recognise, support, and mobilize existing domestic frameworks for human rights protection, and relies on a short-sighted notion of accountability. The author concludes by placing this debate in the broader context of gaps in human rights governance at the international and EU levels.