Mapping international and domestic legal instruments affecting border cooperation, security, and management (MENA)

17/11/2015 @ 14:58
by Vivienne O'Connor

Dear colleagues,

I am mapping international and domestic legal instruments (e.g. conventions, charters, and treaties) that affect border cooperation, security, and management. For domestic legal instruments, I am specifically focused on the Maghreb (Algeria, Morocco, and Tunisia).
I have begun broad research on this topic and would greatly appreciate any input from the INPROL community on the following questions:
Which international and domestic legal instruments relate to border cooperation, security, and management?
Are there additional international legal instruments that relate to border issues more broadly (e.g. migration, refugees, labor, corruption, etc.)?
Which domestic laws in Algeria, Morocco, and Tunisia relate to borders?
Thank you for your time and assistance.

08/12/2015 @ 16:36
by Vivienne O'Connor

Dear Victoria and Elias,

Thank you so much for your replies. The information you have provided is incredibly helpful. 

Best wishes,

Vivienne

08/12/2015 @ 16:35
by Vivienne O'Connor

Dear Victoria and Elias,

Thank you so much for your responses. The information you have provided is incredibly helpful!

Best wishes,

Vivienne

26/11/2015 @ 12:19
by Elias Geoffroy

Dear Vivien,

You can find domestic laws and ratification of international legal instruments in the official legal databases of each country. Most of the legal sources are in Arabic or French. However some are translated in English on the Tunisian website.

Morocco: http://adala.justice.gov.ma/FR/Recherche.aspx

Algeria: http://www.joradp.dz/HFR/Index.htm

Tunisia: http://www.legislation.tn/fr

I recommend you use the simple search tool with key words to have a as many answer as possible.

Also of interest:

Interpol Border Management page: http://www.interpol.int/INTERPOL-expertise/Border-management

Frontex Third Countries Cooperation page: http://frontex.europa.eu/partners/third-countries/

The amended Frontex Regulation (EU) No 1168/2011 reinforces effective assistance to non-EU states regarding operational aspects of border management. Under the new provisions, Frontex may launch and finance technical assistance projects in third countries, also benefiting from Union funding. The Agency may also, based on risk analysis and upon approval by its Management Board, deploy its liaison officers to third countries and, on a reciprocal basis, may receive liaison officers posted by those third countries, for a limited period.

Frontex and the European Asylum Support Office (EASO) are undertaking an 18-month project entitled “Promoting the participation of Morocco and Tunisia in the work of EASO and Frontex”.  Led and coordinated by EASO and funded by the European Neighbourhood Partnership Instrument (ENPI), the project falls under the responsibility of the EU Directorate-General Development and Cooperation (DG DEVCO). The project aims to promote the participation of these countries in the work of the agencies. The project will familiarise the competent authorities with the mandate, tools and instruments of the Agencies including cooperation models developed with EU MS. Frontex will promote the concept of IBM and the comprehensive approaches to the management of mixed migratory flows and in particular on the inter-agency cooperation aspects to Tunisia and Morocco, while EASO will promote the Common European Asylum System (CEAS) and sharing the EU Member States’ best practices, including on reception facilities.

You already had the link to the Tunisian Security sector legislation website operated by DCAF, but maybe you would be interested with the Libyan one as well.

Hope it helped,

Elias

24/11/2015 @ 09:53
by Victoria Walker

Dear Vivien,

A wide issue – and much needed, especially at the moment. You might want to look at the following links, which provide some international and domestic legal instruments and insight:

https://creator.zoho.com/uncted/bordercontrol/#View:Themes1

http://www.un.org/en/terrorism/ctitf/pdfs/Flyer.pdf

http://www.aebr.eu/files/publications/zusammenfassung_clean_gb.pdf

http://www.on-federalism.eu/attachments/145_download.pdf

http://www.wcoomd.org/en/topics/research/activities-and-programmes/~/media/799443EF399B48C0B18DA2285B034F36.ashx

http://www.sadc.int/files/7613/7415/0086/SADC_Coordinated_Border_Management_Guidelines_-_Aug_2011.pdf

http://www.memoireonline.com/10/13/7524/m_Legal-mechanism-of-the-east-african-treaties-in-fighting-cross-border-crimes-case-study-Gatuna-bord10.html

http://www.ohchr.org/Documents/Issues/SRMigrants/IOM_HLD2013_BackgroundPaper.pdf (includes a section on the legal framework)

https://openknowledge.worldbank.org/bitstream/handle/10986/7216/31477.pdf?sequence=1 old, but chapter 3 may be useful (legal framework)

http://www.peaceau.org/uploads/au-niamey-convention-eng.pdf

http://www.echr.coe.int/Documents/Handbook_asylum_ENG.pdf

 

And at national level:

http://www.gadem-asso.org/IMG/pdf/Loi_02-03.pdf Morocco

http://www.legislation-securite.tn/ - search engine for Tunisia laws by the DCAF office

http://www.gisti.org/IMG/pdf/loi_08-11_algerie_2008-06-25.pdf Algeria law on borders

http://cadmus.eui.eu/bitstream/handle/1814/8081/CARIM_RR_2008_02.pdf;jsessionid=D6C2261B5E6B504FE80698DB9149B927?sequence=1

I am sure there are many more resources, but hopefully that will be a start.

Kind regards,

Victoria