UNHCR Advocacy Brief: Independent National Monitoring Mechanisms under the European Union Pact on Migration and Asylum

SUMMARY OF KEY RECOMMENDATIONS
» Ensure INMM’s independence from the authorities being monitored or which may be responsible for violations. Functional independence should be further strengthened through independent and transparent recruiting practices as well as clearly defined internal working methods and procedures.
» Enable the mechanism to conduct unannounced visits and access documents, places, records, files, video recording, witnesses and alleged victims, as deemed necessary for the performance of its duties.
» Provide for the power to report, follow up, provide the authorities with recommendations and make referrals directly to national prosecution authorities.
» MS are encouraged to exercise the discretion that they were given under the Pact to extend the scope of INNMs to border management activities, to monitor access to territory for individuals seeking international protection and inform
the review, adaptation and correction of processes and measures at borders.
» Encourage access of IOs, NGOs and other public bodies to participate in the mechanisms to help ensure their independence.
» The establishment of INMMs should be without prejudice to NGOs and other stakeholders’ access, as may be permitted by the national law, to locations where procedures monitored by the INNM take place to ensure the provision of
independent legal aid and other services. UNHCR’s continued access to procedures monitored by the INNM must continue to be assured in light of UNHCR’s mandate and supervisory responsibilities, as per Article 35 of the 1951
Refugee Convention.