12/09/2011

Milestone vote on Frontex
Compulsory solidarity for increased effectiveness and visibility

By David Stellini, Maltese Press Adviser

"They were crying out for help but they were thrown back into the hatch. They asked for help because they had no oxygen. One of them managed to escape, but some men took him and threw him into the sea and he drowned," said one African immigrant as he landed on the tiny island of Lampedusa.

In the dead of the night on the 31st of July 2011, the Italian coast guard received an alarm signal from a boat situated about 35 miles south of Lampedusa. The boat was edging slowly to Lampedusa and by dawn its engine had completely broke down. The Italian coast guard went to its rescue and when they arrived they saw before them a boat struggling to stay afloat in still waters. The boat was crammed full with African immigrants.

"No big surprise there, it's actually typical of these landings," said one of the coast guards when the rescue operation was over. 'Typical' it was, but this landing wasn't just typical. It was horrifying and heartbreaking.

When the engine broke down, the Italian coast guards immediately started transferring the immigrants to their boats. As they helped them jump from one boat to another, they could smell the stench of decayed bodies. 25 bodies, packed like sardines, were found down in the hatch, some in decomposition.

According to witness accounts, these 25 men were the first to board the boat and took place in the bottom hatch in order to leave space for others. The hatch had a meagre 50 centimetre door opening.

"There was no oxygen in that hatch - said a Coast Guard - that's why they were killed like rats."

After a few hours on high seas, gases emanating from the old engine of the boat made the air toxic and these people desperately wanted to get out. However those above refused to let them out because there was no space left. The journey would last over three days and the deceased met their death in the most gruesome manner: asphyxiated.

Such is the fate of most 'boat migrants'. This story went largely unnoticed by the international media, perhaps because rickety-boat-crossings in the Mediterranean happen too often to qualify as news nowadays. Maybe it's because it happened in the thick of the Libyan revolution. Whatever the case, many of us know by now that real action by the EU is long overdue.

Many African migrants do not risk their lives to make it to the small islands of Lampedusa and Malta. Their Eldorado is continental Europe. But Europe has not yet come to their rescue. Frontex, the European Agency for coordination and operational cooperation between Member States, has not lived up to its expectations. Cooperation and solidarity between Member States are conspicuous by their absence.

"Frontex was asked to start running when it didn't yet know how to walk. The demands put on this agency since its very inception were huge", says Simon Busuttil MEP, adding: "Sadly, most Member States failed to honour their pledges of providing assets for Frontex's missions. I think this is the most pressing issue because it is hindering the effectiveness of the agency."

After 6 whole years of Frontex operations, the EU has now decided to beef up its mandate and its resources. Perhaps, had Frontex had more resources, it may have spotted the boat before the Italian coast guards. Perhaps it would have saved lives.

The European Parliament Rapporteur, Simon Busuttil, supports the Council of Ministers which has now agreed on a new law which will pave the way for Frontex to purchase, lease, own and co-own assets. Significantly, through compulsory solidarity, Member States will be legally bound to honour their commitments to assign or second national border guards to the agency. Frontex will also have the power to process personal data obtained during missions and use it in the fight against crime.

On Tuesday 13 September, the European Parliament is going to vote on this new law giving Frontex a renewed mandate with more resources and tools at its disposal. The new law already has the approval of the Council of Ministers and, if approved by the European Parliament (EP), will swiftly enter into force.

If approved, the law will also strengthen Frontex's effectiveness. It would set up structures tasked with monitoring the protection of human rights, especially those of people seeking international protection in the course of Frontex's activities. This new law would increase the democratic scrutiny of Frontex by the EP.

Crucially, this law promises to increase Frontex's visibility by establishing European Border Guard Teams.

Frontex will be better equipped to deter boat crossings. Border control on high seas will increase and therefore human trafficking will be stifled, simply because these crossings will become too risky for migrants.

Frontex will act as a barrier to boat migrants but it will do so in a dignified manner. African migrants would cross to Europe only when invited by Europe and then, in a regulated and orderly fashion.

The EP's plenary debate is scheduled for Tuesday 13 September from 09.00-11.30 hrs followed by the plenary vote. The debate and the vote can be followed online and can be downloaded from the online archive afterwards.