20 Jahre Frontex

On October 26th, 2024, a controversial organisation will celebrate its birthday: the European Border and Coast Guard Agency will be 20 years old. 20 years of turning a blind eye to human rights violations and 20 years of preventing migration without regard for fundamental rights. For us, this is neither a reason to congratulate nor to celebrate. We spoke to Frontex expert Matthias Monroy about what the creation of Frontex in 2004 has meant for people seeking protection, and how the agency’s goals and priorities have changed over the past two decades.

What was the EU’s motivation for founding Frontex in 2004?

The creation of Frontex is primarily linked to the decision to abolish controls at the EU’s internal borders as part of the Schengen Agreement. In several five-year programmes and finally in the Treaty of Lisbon, it was decided to strengthen the protection of the EU’s external borders and to cooperate more closely on security issues within the European Union.

Two decades have now passed. How have the objectives changed in that time?

In a nutshell, you could say that Frontex has become autonomous. Originally, the executive bodies were still supposed to be the Member States, for example their coastguards or competent authorities at the land borders. In the meantime, however, Frontex has mutated into a border police force with its own armed and uniformed personnel, commanded from Warsaw. In 2016, Frontex’s regulations were amended to allow the agency to purchase its own equipment. With a further amendment in 2019, the agency began recruiting its own staff – allowing it to act independently of member states. However, these Frontex border guards still need to be invited by the countries concerned to operate in certain places. For this purpose, the EU Commission can also approach the states and ask them to issue an invitation.

Border fence

What factors have driven this development?

One event that had a decisive influence on the development of Frontex was the reaction to the summer of migration, i.e. the period from 2014 onwards when many people fled to Europe, especially from Syria. To this day, right-wing and conservative circles criticise Angela Merkel for not closing the borders – which would not have worked in practice. The EU’s response, however, was to massively strengthen Frontex and further expand Fortress Europe.

Let’s take a look at the Mediterranean: what are Frontex’s specific tasks and how are they being implemented?

In 2013, there were two major shipwrecks off the coast of Lampedusa, and the Italian navy launched the Mare Nostrum maritime rescue operation. In less than a year, 150,000 people were rescued by this operation. But Mare Nostrum was cancelled under pressure from the EU. Frontex then stepped in with the Triton mission. However, this was never designed for rescue at sea, but for border protection. Frontex has now largely withdrawn its ships and only monitors refugees from the air. Frontex charters drones and small planes from private companies to fly over the Mediterranean – mostly in the Libyan Sea Rescue Zone.

And what happens when Frontex discovers a boat carrying people seeking protection?

When Frontex discovers boats, it usually reports them to the relevant sea rescue centres, including those in Libya. On the face of it, this sounds good: people are rescued and Frontex fulfils its obligations under international law. But in actual fact, it is legally forbidden to return people seeking protection to Libya. This is due to Libya’s civil war and refugees are at risk of serious human rights violations such as torture, slavery and rape.

At this point, it is important to note that Libya has only had its own sea rescue coordination centre since 2018. As mentioned above, EU Member States and Frontex are subject to the ‘non-refoulement’ principle, which means that they are not allowed to transfer asylum seekers to Libya – but the Libyan authorities are. Libya has therefore been encouraged to declare a sea rescue zone and set up a control centre. This can now be called by Frontex when its aerial surveillance detects people in distress at sea. You could even say that Frontex is doing air surveillance for Libya to prevent people from reaching Europe – without any official cooperation with Libya.

Empty Boot

You said earlier that Frontex is constantly increasing its equipment and staff. Where exactly is all the money going as the agency expands?

Frontex has moved from the sea to the air in recent years, and that obviously costs a lot of money. A quarter to a third of Frontex’s total budget goes into air surveillance. I did a study on this two years ago and Frontex had already spent around 300 million euros on drones and aircraft contracts. The drone framework contracts renewed this year alone cost 400 million.

How modern is the equipment?

Frontex has always been at the forefront of technology. The aircraft used by Frontex for border surveillance are equipped with cameras, infrared and radar. In addition, satellite phones, which refugees often have on their boats, can be tracked by those same satellites. This technology is provided by companies and is particularly useful in poor visibility or at night. And Frontex is now researching so-called high-flying platforms that can move autonomously in the stratosphere: The agency has spent €5 million on a research project with Airbus to bridge the gap between planes, drones and satellites. At least that’s what Frontex says – as if there is a gap.

In principle, this technology is not bad – for example, it could be an important addition to help locate boats in distress as quickly as possible.

The Mediterranean is probably the most closely monitored sea in the world. And of course the technology could help find people in distress at sea more quickly. Frontex always reacts very indignantly when people accuse it of only acquiring and using this whole arsenal for migration control – justifying it by saying that it intervenes when it detects an emergency at sea. But these emergencies are reported to Libya, not to the civilian rescue ships. In this way, Frontex helps to ensure that people seeking protection are returned to Libyan camps, where they face serious human rights violations.

Frontex drone

Frontex has not only been criticised for its handling of Libya. There have also been numerous reports that the agency has stood by and watched pushbacks or other human rights violations take place. Have these allegations had any consequences?

Measures have already been taken. In 2022, for example, the then head of Frontex, Fabrice Leggeri, was forced to resigned. He saw Frontex purely as an agency for defending against migration and is now a member of parliament for the far-right Rassemblement National party in France. His successor, Hans Leijtens from the Netherlands, is pursuing a different policy, at least in public. The reporting system was also changed under his watch. Frontex has so-called fundamental rights observers who are present during operations. Under Leggeri, not one of these posts was filled – there should now be around 50. For comparison: Frontex decided in 2019 to create a permanent reserve of 10,000 border guards by 2027. The figures make it clear that fundamental rights observers are only a fraction of that. And they cannot intervene, they can only report. In practice, the human rights observers have little impact: in Greece, for example, the coastguard carries out pushbacks, deliberately risking lives – as the BBC reported just this year. Frontex is on the ground and, as an international organisation, could keep an eye on them. Note, ‘could’ – because in reality they don’t: it has been reported on several occasions that Frontex planes fly away to avoid witnessing such practices. So the organisation continues to look the other way.

These fundamental rights observers are themselves part of Frontex – and therefore not independent. Is there an external control body for Frontex?

Frontex definitely lacks independent observers who can uncover scandals and also influence what happens to their reports. This role is currently played only by journalists and human rights organisations. At the moment, they are the only ones who ensure that something happens after these reports, which they often request using freedom of information laws. The fewer checks and balances there are on Frontex, the more important the work of activists and the media is, because it is really the only way to put Frontex in its place. Public reporting also led to the resignation of Fabrice Leggeri, for example.

Frontex is a European government agency. Surely the EU must at least have some means of control?

It doesn’t work in the same way as, say, the German Federal Police, which in Germany can be ordered to do something by the Ministry of the Interior. There is no single body in the EU that can give Frontex such instructions. This is because the EU is not a separate state, but an umbrella organisation of member states. As a result, we now have an agency that is becoming increasingly independent. The only thing the member states can do is exert pressure – for example, by dismissing the director. The EU Parliament also has some influence, for example by not approving the budget. But so far this has only been a symbolic gesture.

There is also the European Court of Justice and the Council of Europe’s Court of Human Rights, which review Frontex’s compliance with EU law and human rights. The cases heard there are important. But they usually take years and don’t always end well.

What are Frontex’s plans for the coming years?

Ursula von der Leyen has announced that she wants to triple the size of the permanent reserve, i.e. Frontex’s new border force, to 30,000 officers. Next year, Frontex’s annual budget could exceed one billion euros. Frontex will also get more of its own equipment. It is also planned that Frontex will increasingly be deployed outside the EU.

Wait, a European border protection agency outside the EU’s borders?

When Frontex was set up, it was intended to operate only within EU member states. Since 2016, however, Frontex has been able to deploy personnel in neighbouring third countries. This is regulated by status agreements, which currently exist with Albania, Macedonia, Bosnia and Herzegovina and Serbia. From 2019, Frontex will also be allowed to enter into such agreements with non-neighbouring countries such as Kosovo. The EU Commission is also currently trying to conclude agreements with African countries such as Senegal and Mauritania. Negotiations are proving difficult, however, as governments know their price and what it means for the EU if Frontex is allowed to operate on the ground. In addition to the status agreements, there are also various working agreements, for example on the exchange of data.

Do you believe that an organisation like Frontex can be reformed?

Under no circumstances can Frontex be reformed and it should be abolished on these grounds. Even if the individual states have to handle migration in some way – which they already do with various authorities and bodies – we don’t need an organisation whose primary goal is to prevent migration and which even accepts human rights violations to do so. Furthermore, the approach of preventing people from entering irregularly at the borders is completely wrong as long as this is the only way to apply for asylum in a country in Europe.

Frontex and EU flags

What are your demands of the EU with regard to Frontex?

The member states should do what the civilian sea rescue organisations are doing now – namely ensuring that no people die in the Mediterranean. This should not be the task of organisations that are financed by donations, but a state task. Or even better: the policy would be changed so that people no longer have to flee at all. Then we wouldn’t need a sea rescue service.


About Matthias Monroy

Matthias Monroy worked for many years for a German MP. Today he is editor of the political section of the daily newspaper Neues Deutschland. He specialises in police, secret services and the military in Germany and the EU, as well as new applications for surveillance and control.

Matthias Monroy

Our rescue cruiser SEA-EYE 5 is in action on the world’s deadliest escape route. Support its missions now and become 1 of 3,000 ship sponsors.

SEA-EYE 5: Gedenkminute

At the start of the mission, the crew held a minute’s silence in memory of the dead and missing in the Mediterranean.

The rescue ship SEA-EYE 5 left the port of Licata in Sicily on 23. October 2024 and set off on its first mission in the central Mediterranean. Before setting sail, the crew held a minute’s silence and laid wreaths at sea to commemorate the more than 30,000 people who have lost their lives on the world’s deadliest migration route since 2014.

“30,000 deaths in the Mediterranean: that’s the result of Europe’s border policies over the last decade. We will continue to fight to save lives on the world’s deadliest migration route: with the SEA-EYE 5, we can now respond even faster to those in need of sea rescue. Together with our partner organisations, we want to do everything we can to ensure that no one has to die at sea,” said Gorden Isler, Chairman of Sea-Eye e.V.

The UNO-Flüchtlingshilfe is supporting the first mission of the SEA-EYE 5 with 50,000 euros. The purchase price, modernisation, and refitting of the ship were financed via a fundraising campaign by United4Rescue.

SEA-EYE 5: Training

“Fast, rescue-tested and flexible in use: the rescue cruiser is our answer to the obstacles that are being placed in the way of civil sea rescue. It’s a shame that civil society has to keep finding new ways to continue saving lives – because after all, sea rescue is a duty. We wish the SEA-EYE 5 and its crew all the best on their first mission!” said Sandra Bils, board member of United4Rescue.

The SEA-EYE 5 was built in 1990 and belongs to the 23.3 metre class, a series of seven all-weather lifeboats belonging to the German Maritime Search and Rescue Service (DGzRS). Under the name NIS RANDERS, she was in service with the DGzRS off the coast of Maasholm in Schleswig-Holstein until 2020. The civilian sea rescue organisation Sea-Eye e.V. bought the ship this year and has been overhauling and technically modernising her in recent months. There is also a sickbay on board: its equipment and operation are made possible by Sea-Eye’s long-standing partner organisation German Doctors.

“Rescuing people from peril at sea and providing them with immediate medical care: With the SEA-EYE 5, we can act together even faster. As long as EU member states fail to fulfill their international legal obligation to rescue those in maritime distress, we will continue to dedicate ourselves to helping people in dire need,” said Dr. Christine Winkelmann, Executive Board Member of German Doctors e.V.

ALAN KURDI

On October 17th, 2024, the Italian Supreme Administrative Court (‘Consiglio dello Stato’) ruled that the detention order issued by the Port Authority of Olbia against Sea-Eye’s former ship ALAN KURDI in 2020 was unlawful. Sea-Eye e.V. announced hat it would sue for financial damages.

The ALAN KURDI, a former Sea-Eye rescue vessel, was detained in the port of Olbia on October 9th 2020 after authorities found alleged deficiencies during an eight-hour port state control. Spanish and German authorities had previously certified the German-flagged vessel as operational after several weeks in the shipyard. Sea-Eye’s appeal against this decision has now been successful in the second instance.

The judge ruled that only the requirements of the flag state applied to the vessel. The port state, in this case Italy, can only intervene in exceptional cases (e.g. in the event of danger to life and the environment). This has never been the case. The deficiencies found during the inspection did not contradict the safety and classification certificates issued by the German flag state. He also acknowledged the emergency situation created by the rescue of 133 people in distress at sea.

“The Olbia ruling is an important victory for Sea-Eye – and yet it feels like a bitter defeat. The harassment of the ALAN KURDI by the Italian authorities forced us to abandon this vessel, which was so important to us. The ruling now proves that the Italian authorities have been abusing state powers for years to take action against civil sea rescue. We will sue the responsible ministry for financial damages and continue to fight Italy’s repressive policies at sea and in the courts,” says Gorden Isler, Chairman of Sea-Eye e.V.

The ALAN KURDI embarked on its first mission in 2018, becoming the first German-flagged civilian rescue vessel in the Mediterranean. With this ship, Sea-Eye carried out a total of twelve missions in the Mediterranean and saved the lives of 927 people. More than 240 people volunteered on board. Several detentions forced Sea-Eye to give up the ship in 2021.

Sea-Eye has already filed several lawsuits against unlawful detentions – with success: in June, the court in Reggio Calabria declared a 60-day detention of the SEA-EYE 4 from March 2024 to be unlawful. However, judgements are often delayed by several years: there are currently five other cases pending. The court cases involve high costs and additional work for the registered association.

Rescue_SEA-EYE 4

The civilian sea rescue organisation condemns the behaviour on the high seas that put people’s lives at risk.

At around 4:30 pm last Sunday, the crew of the SEA-EYE 4 witnessed a crime in the central Mediterranean: masked individuals forced 22 people to jump from a moving boat in international waters and then left them unprotected. Sea-Eye rescue teams responded immediately and managed to get all 22 people out of the water in just 14 minutes.

“Our crew witnessed an unprecedented level of brutality. EU member states must not allow international waters to become a lawless zone. Those responsible must be investigated and held to account,” said Gorden Isler, Chairman of Sea-Eye e.V.

“It is distressing and extremely upsetting to see people stranded in open water, facing imminent death by drowning! We are happy that our crew managed to get all 22 people out of the water alive in this extremely dangerous situation. An initial medical assessment showed that all those rescued were traumatised and exhausted, but apart from a few cases of respiratory and skin infections, they were at least physically stable and in relatively good condition. It was only thanks to the quick action of our entire crew that a major tragedy was prevented,” said Dr Daniela Klein, the German Doctor on duty on the SEA-EYE 4.

The Italian authorities have designated Bari as a port of safety for the SEA-EYE 4. The ship is expected to arrive there on Thursday to bring the rescued people safely ashore.

SEA-EYE 4

Sea-Eye e.V., a Regensburg-based sea rescue organisation, has appealed to the German government, at the start of the latest Sea-Eye 4 mission, to place human rights and humanitarian obligations at the centre of all political considerations, even in politically polarised times.

The rescue ship SEA-EYE 4 left the port of Burriana on Monday the 7th of October, for a new mission in the central Mediterranean. The vessel has recently been undergoing scheduled maintenance in the Spanish port.

“At a time when the political debate is marked by increasingly harsh rhetoric and a rush to tighten asylum laws, our humanitarian commitment is all the more urgent. The government and opposition parties are losing themselves in a polarising race to the bottom, putting the fundamental rights of people seeking protection at risk. We must never forget that people’s lives and dignity are at stake. We urge European governments, and the German government in particular, to place human rights and the humanitarian obligations that flow from them at the centre of all policy considerations, rather than promoting isolation and exclusion,” states Gorden Isler, Chairman of Sea-Eye e.V.

German Doctors e.V. is supporting the crew of the SEA-EYE 4 with medical staff. Chairman of German Doctors e.V.. Dr. Harald Kischlat adds:

“The situation at Europe’s external and internal borders is getting worse. Europe, and now its member states, are sealing themselves off more than ever. At the same time, the situation on the most dangerous refugee route across the Mediterranean is increasingly being overlooked, even though there have been far too many deaths in 2024. We will therefore continue our efforts to ensure the survival of all those rescued – including numerous families, elderly people, pregnant women and children – by German Doctors together with the medical staff of the SEA-EYE 4. We would like to thank all the doctors and crew members who have often had to go beyond their limits on the three rescue missions so far in 2024. We wish our on-board physician Dr. Daniela Klein and the crew all the best for the last mission of the SEA-EYE 4 this year.”

The SEA-EYE 4 is expected to reach the search and rescue zone by the end of the week.

SEA-EYE 4

15 organisations call for an end to the criminalisation of flight and humanitarian aid

Together with 14 other organizations – including Amnesty International, Doctors Without Borders and the German Refugee Councils – Sea-Eye is calling on the German government to finally put an end to the criminalization of forced migration. Shortly before the negotiations on the EU directive on the so-called facilitation of illegal entry as of October 2024, the appeal calls for the effective protection of migrants instead of fueling human trafficking.

Amidst an increasing erosion of the rule of law and human rights principles, the 15 civil society organizations are calling on the German government to advocate for an end to the criminalization of migrants and human rights defenders in the legislative process to revise the EU directive.

The appeal contains concrete demands, including:

  • The provision of legal certainty through a clear definition of so-called facilitation of illegal entry,
  • The decriminalization of people seeking protection and their families,
  • The implementation of a comprehensive exemption for humanitarian aid.

Instead of preventing human trafficking, the EU directive has so far been used in member states as an instrument to criminalize both migrants and their supporters. According to a study by the organization borderline-europe, people who allegedly steered their own boats are sentenced to an average of 46 years in prison in Greece. On average, proceedings last only 37 minutes, and only 17 minutes in proceedings with mandatory state lawyers. The current draft of the EU Commission repeats this misguided policy, which has been proven to fail time and time again: Only safe passages can end the dying at the external borders.

The open letter with the signatory organizations can be found here.

Further information on the EU directive and the upcoming negotiation process can be found here.

Refugee Camp Moria

On September 8th 2020, Europe’s largest refugee camp burned to the ground. Moria was already known for its overcrowded and disastrous conditions. Four years after the disaster, Sea-Eye is calling for real solutions and an asylum policy based on solidarity.

When the Moria refugee camp on Lesbos went up in flames four years ago, almost 13,000 people were left homeless in one fell swoop. The disaster was followed by widespread horror at the conditions in the overcrowded camp: ‘No more Morias’ was the EU’s message at the time.

But ‘many more Morias’ have now been decided. This year, with the passing of the Common European Asylum System (CEAS), the EU has enshrined in law what the camp stood for: The deprivation of rights and dehumanisation of people seeking protection – with the aim of deterrence. Moria may have burned down, but the underlying principle of exclusion and isolation continues to burn. The EU is fighting the flames with fire – fuelled by the far right.

We demand: Real solutions must finally emerge from the ashes of Moria – an asylum policy based on human rights and real solidarity! A Europe that does not cram children into segregated detention centres at its external borders. A Europe that does not pay authoritarian regimes to prevent people from fleeing Libyan refugee camps. A Europe that does not send people back to the open sea, to Turkey, Tunisia or Libya – and leave them to their fate in Libyan torture camps. This is what we stand for as part of European civil society!

Sandra Hüller

On July 22, the Oscar-nominated actress named our new all-weather lifeboat, the SEA-EYE 5. We caught up with her after the official ceremony to find out why she is so passionate about civil sea rescue and what she would like to see from politicians.

One thing is for sure: you are a great patron of the SEA-EYE 5. What motivated you personally to take on this role?

I have known a member of Sea-Eye for many years. We had lost touch, and he asked me, through my agency, if I would be willing to help raise awareness for the organisation and the ship. It was no question for me – I knew I wanted to be involved. The only thing we had to do was find a date and place for the ceremony that would suit everyone.

How do you see the role of artists and celebrities in raising awareness of issues such as civil sea rescue?

I can’t speak for others, of course. I think everyone has to decide for themselves how much they want to use their publicity or their position to speak out about the issues they feel strongly about. For me, it would feel strange to be in the public eye and then remain silent about things that are simply not right. That’s why this project is so important to me.

Your calendar is full. Where do you find the energy to also campaign against right-wing extremism or the deaths in the Mediterranean?

My busy schedule is nowhere near comparable to the problems of people affected by right-wing violence or struggling to survive in the Mediterranean. That’s why it’s natural for me to stand up for them.

What changes would you like to see for people fleeing across the Mediterranean?

I hope that European governments will recognise that the refugee movements are also caused by Europe. That they act accordingly, that they take responsibility – and that these refugee movements are seen for what they are, and not as a luxury problem of people who supposedly want more and more. These false attributions, which exist in some parts of the press, must stop. I would like people to take a closer look at this, for example: What causes people to flee?   Politicians know the answers, and why they don’t act on them is a mystery to me. But I would like the causes of flight to be tackled at long last.

To ensure that the SEA-EYE 5 can save lives in the Mediterranean as soon as possible, we need many more people to get involved in addition to a patron. How can people help to send the SEA-EYE 5 into operation?

There is a fundraising project for the SEA-EYE 5: anyone can become one of 3,000 ship sponsors and make a monthly contribution to get this ship ready for operation. By the way: I’ve already filled out the form on the website myself – I’m already a sponsor of the ship!

Rescue Operation

On August 25th 2014, the Migrant Offshore Aid Station (MOAS) was the first civil sea rescue organisation to respond to the high number of shipwrecks and deaths in the Mediterranean with a rescue operation.

On the tenth anniversary of civilian sea rescue in the central Mediterranean, Sea-Eye is calling on the European Union to assume its responsibilities and establish a comprehensive state sea rescue system. In the same year that MOAS began its mission, the Italian maritime operation Mare Nostrum also stopped its work. Since then, there is no state organised sea rescue in the Mediterranean. Instead, Operation Triton, led by the EU border agency Frontex, was launched, focusing on border security rather than rescuing people in need of protection. Over the past decade, several private organisations have saved many lives – but the humanitarian crisis remains unresolved.

“Over the past ten years, civilian sea rescue organisations have taken over the responsibility generally held by EU member states. Much has changed politically in that time, but the humanitarian situation in the Mediterranean remains dire. Instead of relying on state-organised sea rescues, Europe continues its isolation policy. Laws against civilian sea rescue organisations have been created in Italy and, worst of all, thousands of people are still dying every year in search of asylum and protection”, says Gorden Isler, Chairman of Sea-Eye e. V. “The EU Member States must stop criminalising our work and finally create a European state sea rescue organisation with a clear mission to save as many lives as possible in the Mediterranean!”

Sea-Eye was established in the autumn of 2015, and began its first rescue missions the following spring. Despite the commitment of civilian sea rescue organisations, the Mediterranean Sea is considered the most dangerous escape route in the world. According to the International Organisation for Migration’s (IOM) Missing Migrants Project, more than 30,000 people have disappeared or died in the Mediterranean since 2014. The number of unreported cases is likely to be much higher.

Wooden Boat

According to the International Organisation for Migration (IOM), more than 30,000 people have gone missing in the Mediterranean since 2014. Sea-Eye calls on the EU to take responsibility.

The number of people missing in the Mediterranean has now passed the 30,000 mark, according to the IOM’s Missing Migrants Project. Statistics show that almost 80 % of the missing are from the central Mediterranean. The most common cause of death is drowning. Many of the victims are children. In 2024 alone, more than 1,000 people went missing on the deadliest escape route.

“Instead of taking action against aid organisations, the European Union and its member states must finally face up to their responsibilities in the Mediterranean. At the moment, instead of tackling the causes of flight and ensuring safe escape routes, they are making our humanitarian work even more difficult: through detentions, the allocation of distant ports or stricter conditions for civilian rescue vessels. Court rulings such as the one in Reggio Calabria clearly show that the measures taken against our operations are an abuse of state power. The EU is now responsible for over 30,000 deaths in the Mediterranean. We finally need to move away from this brutal European border regime towards a migration policy based on human rights,” demands Gorden Isler, Chairman of Sea-Eye.

Between June 2023 and June 2024 alone, the SEA-EYE 4 was detained in Italy for a total of 120 days. The Regensburg-based organisation has already filed several lawsuits against the unlawful detention. On June 5th, the court in Reggio Calabria upheld a complaint by Sea-Eye and declared the 60-day administrative detention of the SEA-EYE 4 in March 2024 to be unlawful.

In response to the ongoing crisis in the Mediterranean Sea, Sea-Eye e.V. is sending a former all-weather lifeboat to the Mediterranean this year. Oscar-nominated actress Sandra Hüller christened the rescue ship, now named the SEA-EYE 5, on Monday.