EU makes proposals to strengthen Frontex, but avoids rules of engagement
The European Commission today announced proposals to strengthen Frontex, its border management agency, but made no mention of Maltese protests over the new rules of engagement.
The Commission said its proposals include reinforcing the legal framework to ensure full respect of fundamental rights during Frontex activities and enhancing the operational capacity of Frontex to support member states.
In terms of the new proposals, member states would put more equipment and more personnel at the Agency's disposal. Frontex would be able to co-lead border patrols operations with EU member states. It would also be allowed to provide technical assistance to third countries and deploy liaison officers in third countries.
Home Affairs Commissioner Cecilia Malmström said: "‘Today's proposal will pave the way for more solidarity and better cooperation between EU countries. This will give us the opportunity to better deal with irregular immigration and human trafficking, while at the same time strengthening the safeguards to guarantee full respect of fundamental rights."
The Commission said its proposals would ensure that Frontex could provide appropriate technical and human resources in the framework of joint border patrols. EU countries would have to ensure that a pool of equipment such as boats and planes are at the disposal of the Agency, which would also be able to gradually buy or lease equipment.
The proposal also introduces an explicit requirement for all border guards taking part in operations to have been trained in fundamental rights, with the aim to safeguard that all immigrants are met with full respect of fundamental rights and in particular the principle of non-refoulement.
The operational capacity will be enhanced by clarifying the respective roles of Frontex and the participating member states, while respecting the principle that each member state remains responsible for controlling its section of the external border. Specific provisions are proposed concerning the operational plan, the evaluation of the operations and incident reporting schemes.
"Frontex will continue to be able to coordinate joint operations, returning immigrants to their country of origin. Safeguards are put in place to make sure that these return operations are carried out in full respect of fundamental rights. For example, an independent monitor shall be present during such operations and report to the Commission on the compliance by member states with EU law and a code of conduct that sets out the fundamental rights standards to be respected."
Malta had protested that new rules of engagement, which are now awaiting approval by the European Parliament, say that if it is not possible to return migrants picked up by Frontex vessels to the country they left from, they must be sent to the country hosting the Frontex mission.
Malta insists that if they cannot be sent to their point of departure, migrants should be sent to the nearest harbour.
"Our position has not changed. If the rules of engagement are not changed, Malta will not host another Frontex mission," a spokesman for the Home Affairs Ministry told timesofmalta.com today.
The Commission proposals also have to be debated and approved by the European Parliament and EU governments in the Council.
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sean grima
Feb 25th 2010, 09:10
Of course I really mean what I am saying! The very purpose of the asylum application process is precisely to sift the true from the untrue. Of course, if an immigrant's asylum application is turned down, s/he would be returned. Issues dealing with fundamental human rights should not be put to the vote - such rights are inalienable. it is a shame to all EU states that the fate of these african people is being discussed as if they were objects, and not human beings who are trying to improve their miserable situation. i am confident that if all europeans (including us) had to spend some time living in the same conditions as these african people, the talk would be differently. instead of just trying to make the already well off European countries even richer, the EU should make it a priority to assist the African continent.
Mark Psaila
Feb 25th 2010, 01:18
Maltese Govt. to Eu : Fool me once, shame on you; fool me twice, shame on me.
lgalea
Feb 24th 2010, 23:05
2. Return flights carried out by member states in co-operation with Frontex will have a member of a non-governmental organisation, such as the Red Cross, on board in order to ensure that no violation of human rights takes place. She said this first initiative was just one of a broader package of policy proposals dealing with asylum and migration. Interior ministers meeting on Wednesday in Brussels will have a first look at this blueprint, which also needs the approval of the European Parliament before being enacted. Pressed about the controversial role of Frontex last year in Italy's returning policy of migrants crossing the Mediterranean, Ms Malmstrom admitted that "mistakes" may have been made in the past. "I don't exclude at all that errors were committed in the past, that's why I'm so keen to really reinforce that all the people involved in Frontex operations have the adequate education and know exactly what to do. Because of course, these people [the migrants] are not criminals, they are in the search for a better life and they have the right to be treated in a dignified way," she said....... WHY DOESN'T THIS COMMISSIONER SEND THEM TO BRUSSELS
C.ZARB
Feb 24th 2010, 20:58
To all those MPs and MEPs who portrayed Frontex as important as the second coming the Christ, please, next time you have another brilliant idea, do keep it for yourself.
@ Louise Vella. Frontex limits itself to take immigrants to Malta and not Sweden. The northern European countries had made sure (through the Dublin treaty) that thinks ends up that way. I guess that when our politicians signed it, they believed that a war in Iceland was imminent and had therefore made sure to sign a treaty that would spare us from reaching our shores.
J.Spiteri
Feb 24th 2010, 19:36
Migrants picked up by Frontex and who could not be returned (obviously) to their country of origin, must be sent to the country hosting the Frontex mission. That's the reward we get for hosting Frontex and for rejoicing in winning our bid to host the famous EU Asylum office. My guess is that migrants waiting the lenghty process for their "asylum" request will be sent to Malta.
@ Sean Grima. Do you REALLY mean what you say? Tell us you're joking!
louise vella
Feb 24th 2010, 18:59
Malta's security and social cohesion should not be left in the hands of Swedes who do not care about Malta. The Maltese, especially the common people of Malta, are the best judges of what is best for Malta. Nobody has consulted them to see if they want an unending influx of African boat people settling in Malta as illegal immigrants with the excuse that they are refugees. We know the story and we know that asylum applicants have a long history of telling untruths to increase the likelihood of their acceptance. See the reports of the Refugee Commissioner and of the Refugees Appeals Board.
If the Swedes want to turn their country into an African colony it's up to them. They can take all of Africa's 1 000 million inhabitants, especially as they have enough space for them in Sweden. But they should not try to off-load them on to Malta.
Raymond Sammut
Feb 24th 2010, 17:01
The critical phrase in this whole charade is this:
"...respecting the principle that each member state remains responsible for controlling its section of the external border." (7th parag.)
The European Commission does not have the legal power to force a member state on how to protect its border. The Gonzi government alone is responsible for border protection along Malta's territorial waters. People found on illegal boats, and known to have originated from Libya, can be returned to Tripoli with the cooperation of the Tripoli government. The Maltese government would not be contravening the "non-refoulement principle" since Libya is not a state that persecutes or tortures these people.
It's up to the Gonzi government to consult with the Tripoli government, and to apprehend and safely return people back to Tripoli.
sean grima
Feb 24th 2010, 16:40
with our without frontex, malta is still obliged to take in all immigrants and consider any requests for asylum. pushing boats back is illegal. the arrival of african immigrants is not in violation of any of our fundamental human rights, and neither does it give rise to any reasonable fear of civil unrest or loss of our culture or identity.
louise vella
Feb 24th 2010, 15:59
Malta's vital national interests cannot be left in the hands of Swedes who are far away from our problems, cannot understand them, and have proved time and time again that they do not care about Malta and the Maltese. For Malta this is a question of our very survival as a nation and of our national values and identity.
lgalea
Feb 24th 2010, 14:55
The eu knows where to shove Affrontex. Affrontex is simply a free ferry service for ILLEGAL immigrants to Malta. eu forget Affrontex and provide them with a direct flight to Brussels.
louise vella
Feb 24th 2010, 14:48
Frontex can be a coastguard pushing back illegal immigrants' boats back to their point of origin in Libya. In that case it will be in Malta's interests. Frontex can be a ferry service transporting illegal immigrants from Libyan waters to Malta. In that case it will work against Malta. The common people of Malta must be asked to give their views on the matter.
Peter Aguis
Feb 24th 2010, 14:30
Don't waste another 6 years like the burden sharing issue. My solution. Get out of Frontex now and start controlling our borders ourselves.
Joseph Grech
Feb 24th 2010, 14:23
Is the E.U. Commision really awakening to the absolute NEED to return illegal arrivals to ''their country of origin''. Most E.U. citizens doubt that!
We consider it is silly and irresponsible of the Commission to set up Frontex (and ''strengthen'' it) but then avoiding to declare the all important ''rules of engagement''. It is like sending troops to the battlefront with tied hands! Oh come on Ms. Malmstrom!
The Commission should recognize that E.U. countries already hard hit (socially and financially speaking) by illegal immigration WILL NOT accept any more arrivals. Voluntary Burden Sharing is not working and anyway runs counter to E.U. interest.
Illegal immigrants (from wherever) cost E.U. taxpayers too much, negatively affecting E.U. stability. Look what's happened in Greece, Spain, Malta, Italy...
Humanitarian issues do need to be considered BUT the blatant irresponsibilities of the illegal immigrants themselves and the negative repercusions they cause also NEED to be addressed..
Malta and other countries hard hit by illegal immigration do not want just financial support from the E.U to tackle the problem - we expect a firm resolve by the Commission to stamp out this illegal activity once and for all - before all of Europe sinks!
Paul Barrett
Feb 24th 2010, 13:59
Maybe they should rename the exercise Front Entrance.
J Farrugia
Feb 24th 2010, 13:57
FRONTEX or EU whoever is meddling this affair get this in your minds. Malta will never accept orders to put illegal immigrants on our island. Never.
Charles Sammut
Feb 24th 2010, 13:10
With liberals like Cecilia Malmström calling the shots, Malta is doomed to be part of the African Union in 5 years' time.
What about our human rights? Or are we not human any more and the right to live peacefully in our country amongst our kith and kin and decide our future for ourselves has been devolved to the eurobrats in Brussels. Do we have to wait until there is serious civil unrest to wake up? By which time it will be too late.
Please choose the reason of your report below: