Frontex Consultative Forum on Fundamental Rights Background Note for the Public Call for Applications 29 June 2015 The Consultative Forum to date The Frontex Regulation1 stipulates in its Article 26a that Frontex shall establish a Consultative Forum (CF) of which main role is to "assist the Executive Director and the Management Board in fundamental rights matters". The aforementioned article also provides that the CF shall “be consulted by Frontex on the further development and implementation of the Fundamental Rights Strategy, Code of Conduct and common core curricula”. The CF was created in 2012 as a knowledge and expertise resource to enable the Agency, including its Management Board (MB), to receive information and advice relevant to the aim of promoting and respecting Fundamental Rights (FR) in all Agency’s activities. The CF has acted as a platform for dialogue by bringing together participants from relevant European Union Agencies and international organisations as well as from Civil Society organisations, which represent the majority of its members). The MB decided in September 2012, along with the Working Methods (WM) of the Frontex Consultative Forum and the modalities for the transmission of information to the Frontex Consultative Forum that the mandate of the civil society organisations and of three international organisations, members of the Forum by invitation, shall be of three (3) years. This term expires on 25 September 2015. The composition of the CF The CF should maintain its initial efficient structure composed of a limited number of fifteen organisations specialised in fundamental rights matters, which forms the core group of members. Three specialised organisations were explicitly mentioned in the Frontex Regulation to be invited as members of the CF (FRA, EASO and UNHCR). Three additional organizations (CoE, IOM and OSCE/ODIHR) were invited by the MB to become members of the CF according with the Frontex MB Decision of 23 May 2012 (cf. Annex) and they will be separately invited to renew their commitment as members of the CF until 31 December 2018. 1 Council Regulation EC No 2007/2004 as amended by European Parliament and Council Regulations 863/2007 and 1168/2011. European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union www.frontex.europa.eu Rondo ONZ 1, 00-124 Warsaw, Poland Tel. +48 22 205 95 00 Fax +48 22 205 95 01 In order to guarantee transparency and the opportunity of participation in the CF to the widest possible group of stakeholders, nine (9) members of the CF belonging to Civil Society organisations will be selected following a new public call for applications. Following the public call, and again in the interest of transparency, CF members will be chosen on the basis of public eligibility and selection criteria adopted by the MB in 2012, which are described in the Annex to this document. In addition, a reserve list will be established as well as a register of organisations which could be invited as ad hoc expert organisations when discussing specific agenda items. The selection process The public call will be announced in the Frontex webpage. The selection of members from Civil Society organisations that express interest in joining the CF will be made by the Frontex Management Board Chair, Frontex Executive Director and Frontex Consultative Forum Chair, or their delegates, on the basis of the eligibility and selection criteria. The main purpose of the selection procedure is to ensure representation of European and internationally active Civil Society organisations in the CF which complement the six EU and intergovernmental members and provide both a wide range of expertise and depth of knowledge in fundamental rights matters. All applicants will be informed about the outcome of their application via e-mail. The selected organisations will be notified by a formal confirmation letter prior to a public announcement on the Frontex website. Candidates included in the reserve list, which may be called upon for specific advice according to future needs, will also be formally informed. Frontex will perform the Secretariat function for the CF and reimburse its members for costs incurred for participation in the meetings in accordance with Frontex reimbursement rules. Timeline Frontex has established a timeline for the selection process, as follows Launching of the call for applications: 29/06/2015 Application deadline: 12/07/2015 Evaluations of the applications: 13 July/ 17 August 2015 MB Decisions on composition of the Consultative Forum: 10/09/2012 2/4 ANNEX 1. Eligibility Criteria a. Legal status of the organisation The organisation applying for membership in the Frontex Consultative Forum (CF) must have a legal status according to the law of the state in which it is established. b. Obligations of professional secrecy Members of the Consultative Forum and their representatives, as well as other participants mentioned in Article 4 shall comply with the obligations of professional secrecy. They shall be ready to sign the “Declaration of Adherence to the Obligations of Professional Secrecy” on behalf of their organisation. 2. Selection Criteria for Civil Society Organisations a. Expertise Established knowledge and experience in the areas relevant to the CF, namely in the policy areas of fundamental rights in regard to migration and international protection, in particular asylum, child protection, data protection, trafficking in Human Beings and safeguards in relation to deprivation of liberty and return, as related to Frontex activities, specially focused on the European context. b. Relevance Ability of the organisation to provide input vis-à-vis the activities, objectives and strategy of Frontex; Previous relations with Frontex and/or involvement in EU institutions and bodies in practical cooperation measures/training/academic activities in the field of migration and border management will be taken into account. 3/4 c. Extent Representation in their field of competence at the European or international level (including third countries). Relevance of the organisation’s geographical area of interest and location in Europe will be taken into account; d. Approach Follow evidence-based approach to research and demonstrated experience and availability to work with a wide range of organisations from official and public institutions, in particular law enforcement bodies, to international organisations and non-governmental organisations, in order to encourage and foster mutual understanding. Belonging to relevant networks/groups/public institutions in a European context will be taken into account. e. Accountability Transparent approach in view of the organisation’s responsibilities to their stakeholders (e.g. donors, states, the public…). f. Commitment Public commitment to the respect and promotion of fundamental rights listed in the Charter of Fundamental Rights of the European Union. 4/4
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