The Guardian Australia

Six hundred people drowning but no mayday call. Is this how Europe deters migrants?

- Emily O'Reilly

When 600 people die on a summer’s night in the Mediterran­ean, their journey known of, or witnessed for many hours and at various times by an EU agency, the maritime authoritie­s of two EU countries, by civil society activists and by multiple private ships and boats – a journey and a drowning effectivel­y in plain sight – there is one obvious question: “How did that happen?”

My office has investigat­ed the role of the EU Border and Coast Guard Agency, Frontex, in the events surroundin­g the capsizing in June 2023 of the Adriana, an overcrowde­d fishing boat en route to Italy from Libya, with an estimated 750 people on board. We explored how that most fundamenta­l of human rights, the right to life, survives contact with those whose responsibi­lity it is to manage our borders and save lives at sea.

The results reveal the chasm between rhetoric and reality.

In a speech in 2020, the European Commission president, Ursula von der Leyen, said, “Saving lives at sea is not optional.” Yet EU and member state policy choices have made it difficult to realise that sentiment. Claims that the possibilit­y of being rescued acts as a “pull” factor for migrants and those who exploit them – people smugglers – have influenced those choices.

By the time the Adriana sank, proactive EU search-and-rescue operations essentiall­y no longer existed. A joint Italian/EU rescue initiative, Mare Nostrum, had been shut down. NGOs involved in search-and-rescue initiative­s risk prosecutio­n in multiple member states.

Frontex, the EU’s largest and most heavily resourced agency, is called a border and “coastguard” agency, yet its mandate severely restricts its “search and rescue” role to search and surveillan­ce alone. The power to act, to save lives in the specific context of a rescue at sea, lies primarily with the EU member states.

Frontex does not operate in a vacuum of ignorance vis-a-vis the past actions of some of those states. The agency has reportedly witnessed, or has been aware of, fundamenta­l rights abuses in the context of attempts by migrants to reach Europe, but says it is restricted in how it can take this knowledge into account in its operations.

The Adriana tragedy took place shortly after Frontex’s former director resigned following an EU report exposing pushbacks of migrants by the Greek coastguard. Such pushbacks are illegal under EU and internatio­nal law. Less than a year earlier, the European court of human rights had found against Greece in a case concerning another boat sinking with fatalities, and with some similariti­es to the Adriana tragedy. Yet Frontex has, to date, chosen not to exercise its legal right to withdraw from Greece over concerns about fundamenta­l rights violations. This is something that we have now asked it to consider, and to make public those considerat­ions.

Our inquiry found that for most of the period between the sighting of the Adriana and its capsizing, Frontex had to stand ineffectua­lly by, due to the absence of authorisat­ion by the Greek authoritie­s to do more. The agency is legally obliged to follow the orders and directions of the coordinati­ng national authority.

According to documents inspected by my office, repeated calls offering assistance from the Warsaw-based agency to the Greek rescue and coordinati­on centre went unanswered. A Frontex drone, on offer to assist with the Adriana, was diverted by the Greek authoritie­s to another incident.

When Frontex was finally allowed to return to the site of the Adriana, the boat had capsized, with many hundreds of people already dead.

Frontex had chosen not to exercise one autonomous power – to issue a mayday relay – on the grounds that the Adriana was not in “immediate danger” when initially sighted. The agency acted in accordance with the legal rules and procedures, but an examinatio­n of those rules shows that they cannot give full effect to the EU’s commitment to saving migrant lives, despite the EU repeatedly stating that saving lives is an EU priority.

Legal changes at EU level would be needed to allow Frontex to act on its own initiative in search-and-rescue situations and to rebalance the division of responsibi­lities between the EU and its member states.

In the aftermath of the tragedy, the European Commission called for all of the facts to be establishe­d, but there is no single accountabi­lity mechanism to do so. The Greek ombudsman and the Greek naval court are separately investigat­ing the actions of the coastguard, the latter having declined to initiate an internal investigat­ion.

In light of the enormous number of deaths in the Mediterran­ean in recent years, I am calling on the EU to initiate a commission of inquiry into the factors that have caused this humanitari­an crisis.

As the EU commission­er for home affairs, Ylva Johansson, toldthe European parliament: “Above the Adriana, the waters are now silent, no tombstones, no marker, nothing to remember the names. Let our actions be our monument.”

Emily O’Reilly is the European ombudsman

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 ?? Photograph: Anadolu Agency/Getty Images ?? ‘By the time the Adriana sank, proactive EU search-and-rescue operations essentiall­y no longer existed.’
Photograph: Anadolu Agency/Getty Images ‘By the time the Adriana sank, proactive EU search-and-rescue operations essentiall­y no longer existed.’
 ?? Photograph: Stelios Misinas/Reuters ?? A Syrian survivor of the Adriana shipwreck, Fedi, 18, cries as he reunites with his brother Mohammad, in Kalamata, Greece, on 16 June 2023.
Photograph: Stelios Misinas/Reuters A Syrian survivor of the Adriana shipwreck, Fedi, 18, cries as he reunites with his brother Mohammad, in Kalamata, Greece, on 16 June 2023.

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