EU Ombudsman to investigate Frontex’s role in search and rescue at sea

The European Ombudsman Emily O’Reilly has launched an investigation into Frontex’s role in search and rescue operations at sea, in a bid to shine a light on the EU border agency’s response to a series of major shipwrecks in 2023.

The investigation promoted by O’Reilly herself, seeks to investigate all documents concerning the shipwreck that occurred near the coasts of Pylos on 14 June, where roughly 500 people died, and a string of other shipwrecks, including one in late February in Cutro close to the south of Italy and another in early 2023 near the Tunisian city of Sfax.

The European Ombudsman is elected by the European Parliament and “shall be empowered to receive complaints” from an EU citizen or an EU resident – or to start its own inquiry as in the Frontex case – “concerning instances of maladministration in the activities of the Union institutions, bodies, offices or agencies with the exception of the Court of Justice of the EU acting in its judicial role”.

If the Ombudsman finds proof of maladministration, she has to communicate the matter to the entity involved, “which shall have a period of three months in which to inform him of its views”.

Her findings are, however, not legally binding.

In the Frontex inquiry, O’Reilly has requested details about “how information about search and rescue operations is shared between Frontex and national authorities and whether Frontex has a say on how these operations are designed or implemented”.

Frontex executive director Hans Leijtens publicly declared that he would welcome the inquiry and “will cooperate in full transparency”.

I welcome the @EUOmbudsman inquiry and will cooperate in full transparency to explain the role #Frontex plays in search and rescue operations. Although we do not coordinate #SAR operations, saving lives at sea is essential. We provide support to national authorities when needed. https://t.co/Yb4ftamWdy

— Hans Leijtens (@LeijtensFrontex) July 26, 2023

According to international law, the decision on whether to start a rescue operation is in the hands of national governments

However, Frontex plays a significant role in intercepting boats at sea. It shares live streaming, information and analysis of the footage with member states while patrolling.

For each national operation, EU country representatives are in the so-called “European Monitoring room” at the Frontex headquarters in Warsaw, while receiving information about interceptions. This information is co-owned with member states.

In a letter to the Frontex director, O’Reilly asked to what extent Frontex is active in SAR operations, how the fundamental rights office “monitors, assist and advice” all activities, how cameras on boats are used in the joint operations and how it manages communication with NGOs operating at sea.

The SOS Mediterranee NGO boat Ocean Viking told EURACTIV that there is a general lack of coordination at sea when dealing with SAR operations, due to a lack of information shared and the active role of the Libyan coastguard in intercepting migrants and bringing them back to Libya, which is not classified as a place of safety.

Lack of coordination and Libyan interceptions impede search and rescue at sea

The lack of coordination with member states and the Libyan coastguard’s presence in international waters create a ‘hostile’ environment for search and rescue (SAR) activities in the area, EURACTIV has learned from the Ocean Viking crew during a mission in the Mediterranean Sea.

According to international law, search and rescue operations are concluded when the survivors are disembarked in a place of safety.

The 2022 annual report published by the Frontex Consultative Forum, established that 50% of Frontex interceptions resulted in illegal returns to Libya.

50% of Frontex’s boat sightings triggered illegal returns

Half of the sightings by the EU border agency Frontex prompted Search and Rescue missions or migrant interceptions by Libyan coastguards in international waters, according to a new report, a practice that typically leads to people being illegally returned to an unsafe country.

[Edited by Benjamin Fox]