EUROPEAN PARLIAMENT 2014 - 2019

Committee on Civil Liberties, Justice and Home Affairs

DRAFT MISSION REPORT of the EP LIBE delegation to () on search and rescue, in the context of the strategic own-initiative report on “the situation in the Mediterranean and the need for a holistic EU approach to migration” 17-18 September 2015

The LIBE Delegation on search and rescue to Lampedusa, Italy, on 17-18 September 2015 was composed of:

MEMBERS Anna Maria CORAZZA BILDT EPP Head of delegation Kashetu KYENGE S&D Judith SARGENTINI Greens / ALE Ignazio CORRAO EFDD

The delegation was authorised by the Conference of Presidents on 4 June 2015.

1. Introduction

A delegation of four Members of the Committee on Civil Liberties, Justice and Home Affairs travelled to Italy from 17 to 18 September 2015 in order to gain a better understanding of search and rescue operations in the . The delegation visited the Carlo Bergamini , flagship of the operation Mare Sicuro, currently deployed in the Mediterranean Sea, and the Phoenix vessel of the MOAS (Migrant Offshore Aid Station). Additionally, the delegation met with the mayor of Lampedusa, the international organisations and NGOs present in Lampedusa, the Guardia di Finanza (customs police) and Coast guard. The delegation witnessed the disembarkation of 50migrants who had been rescued at sea and their initial reception upon arrival at the pier in the harbour of Lampedusa.

2. Meeting with the mayor of Lampedusa, Ms Giusi Nicolini In the evening of the 17th of September, the delegation had an informal meeting with the Mayor of Lampedusa, Ms Giusi Nicolini. The mayor welcomed the members of the LIBE delegation and described the current situation in Lampedusa. The island, which due to its position is often the first safe port of disembarkation for migrants 1 rescued at sea, hosts a Centro di primo soccorso e accoglienza (CPSA), first reception and assistance center. The Mayor described the way in which disembarkation operations are normally carried out, highlighting that they have developed a good procedure and coordination: migrants are disembarked on a dedicated pier of the harbor of Lampedusa, where they are immediately assisted by a team of doctors from the local health centers and the INMP (Istituto Nazionale per la promozione della salute delle popolazioni Migranti ed il contrasto delle malattie della Povertà – National Institute for Health, Migration and Poverty). Afterwards, migrants are transferred to the CPSA, while those who are found to be too sick are transferred to the hospital or, in particularly serious cases, brought by helicopter to bigger hospitals in . Moreover, migrants generally receive a first medical check on board of the ship that rescued them. Arrivals are regular and in very high numbers: in 2014, 15.000 migrants arrived in Lampedusa, while by September 2015 already 18.000 people had arrived. The accommodation Center has a limited reception capacity up to around 400 persons. In order to avoid excessive overcrowding, every day about 200 to 250 migrants are brought by boat to the Sicilian harbor of Porto Empedocle, close to Catania. The mayor explained that, during the Italian Navy operation Mare Nostrum, around 5 navy vessels constantly patrolled the waters around Lampedusa. After the end of the operation, the situation remained under control. The mayor explained that, upon arrival, migrants are immediately identified by taking their pictures and names, and they are interviewed in order to understand their origin. However, as regards fingerprinting, she reported that often migrants are reluctant to cooperate and some even harm themselves, for instance by burning their own fingertips or scratching them on the concrete, in order to prevent effective fingerprinting. She further explained that Lampedusa would soon become the seat of one of the new EU hotspots. It emerged that the division of tasks between national authorities and the hotspots needs to be further clarified. As regards the reception of unaccompanied children, the mayor explained that they are initially accommodated in the CPSA, until the Tribunal for Minors allocates the guardianship over them to care centers for children. This process however can take several days, also due to the fact that many care centers are overcrowded; yet, the law does not foresee the possibility for foster families to accommodate such children for short periods of time, immediately upon arrival. The mayor also confirmed that, on the morning of the 18th, a disembarkation operation would take place, given that the Phoenix vessel had rescued over 250 migrants and had been instructed by the International Coordination Center (ICC) to disembark them in Lampedusa. She told the delegation that she usually personally oversees the disembarkation operation.

3. Meeting with UNHCR, IOM, Save the children and local NGOs

On the morning of the 18th, Members of the delegation went to the dedicated pier where migrants are disembarked. At that occasion, meetings were held with the law enforcement authorities present, guardia di finanza (custom police), as well as the coast guards, and with several organisations and a representative of the Italian Ministry of the Interior. Staff from UNHCR explained that their role during disembarkation operations and in the CPSA is to inform migrants of their right to seek international protection and to monitor the fundamental rights situation. Their staff in Lampedusa consists of legal officers and cultural mediators, but UNHCR is present in several ports in Southern 2 Italy with different staff compositions. They explained that migrants who arrive in Lampedusa are immediately identified and registered, and then transferred to Sicily. Their transfer on shore is done by the coastguard, using motor boats. Once they arrive, UNHCR provides them with basic information about their right to seek asylum; however, applications are not made in Lampedusa, but only once they have been transferred to Sicily. Staff from Save the Children confirmed their presence in Lampedusa since 2008. They assist migrant children (be they accompanied or unaccompanied) by giving them legal information on their rights and assessing and meeting their primary needs. They also act to ensure that the minors’ right to express their views is respected and that such views are duly taken into account. According to Save the children’s representatives, most minors express the wish to seek international protection in a different State than Italy, and tend not to believe that they could do this legally: they are therefore willing to take the risk of travelling alone to their State of destination, instead of waiting for a lawful transfer. Children want to move quickly onwards, usually to Northern Europe while decisions on these matters can take from 3 up to 8 months or even longer. An additional problem is that of guardianship: since guardians have to be appointed by the Tribunal, which is often overburdened, decisions are rarely swiftly delivered. Moreover, minors who qualify as unaccompanied are often travelling with an adult, to whom they were entrusted by their parents: such adult has no legal right of guardianship over the child, and even if the child could be legally transferred to another Member State, the adult could not follow him/her. Children therefore might prefer to remain with the adult who accompanied them, even if it means that they cannot wait for a lawful transfer. Staff from IOM explained that IOM is present in Lampedusa since 2006 and works mainly on a project to identify and assist trafficked women. IOM is working on a project aiming at women’s empowerment and at providing proper information of their rights to women who are potential trafficking victims, and in particular about the possibility of obtaining a special, temporary residence permit for protection under article 18 of the Italian Immigration Law. The permit allows them to stay legally in Italy and receive social assistance. Trafficking victims are often Nigerian women, who travel in small groups of 3 or 4, under the control of another migrant who is tasked with bringing them to their exploiter. The role of IOM is to try to obtain the women’s trust, explaining them that they can request and obtain protection. Since trafficked women are often afraid of authorities, building trust is a process that takes time, also due to the fact that Nigerian women often believe to have been subjected to black magic and that, if they tell their stories, their families will be targeted. Trust is essential to obtain information about the criminal traffickers in order to break down their network. The main practical problem that IOM faces in its task is that shelters for trafficking victims are often full, and women might need to wait several weeks before they can be admitted into a safe shelter. No provisional shelters to accommodate them immediately are provided, while they are in dire need of being immediately separated from the group, to protect them from the trafficker’s influence and pressure. EASO personnel was also supervising the disembarkation. They told the delegation that four of them were deployed in Lampedusa as observers in order to prepare for the establishment of the EU hotspot. The delegation also met with the local NGO, Forum

3 Lampedusa Solidale, a citizens’ group, who act to make the migrants feel treated humanely and distributes coffee, tea, water and cookies to migrants upon arrival.

4. The disembarkation operation on the pier

The delegation witnessed a disembarkation operation of over 250 migrants who had been brought towards Lampedusa by the Phoenix vessel of MOAS and who were transferred to the coast-guard motorboats to be brought on shore. The majority of migrants on the first two boats seemed to be young men from sub Saharan Africa. The coast guards told the delegation that there are 4 of those boats specialised in disembarkation co-funded by the (External Borders Fund). Each motor boat had on board a medical personnel from the Malta Order and a scuba diver, ready to dive in case a person would fall into the sea during the transfer from one boat to the other; migrants had been given a life-vest , paper overalls, head protection and socks. Rescued persons were helped to disembark one after another, and were immediately screened by medical personnel, especially to check on scabies and the temperature. Children and women were clearly given priority. Several of the migrants were too ill to walk and some were brought to an ambulance or accommodated in wheelchairs. Local volunteers offered migrants tea and crackers. Present were also personnel from the Coast Guard, the Italian police, the Ministry of Home Affairs, EASO and Frontex. A bus was ready to bring migrants to the CPSA, and the first group left the port in less than one hour. Ms Regina Catrambone, co-founder of MOAS, was also present and explained that the Phoenix had rescued a first group of migrants a couple of days before from a rubber boat which was sinking: this first coastal boat of migrants was in better health conditions, although many had wounded feet due to the fact that the rubber boat had been reinforced using wooden axes. While the Phoenix was going towards Lampedusa, it had been requested to approach one of the vessels of the Italian Navy and take onboard another group of migrants, who had been rescued by the navy and needed to be transferred on shore. While the second group of migrants had already received a first aid medical assistance by the Navy’s doctor, they were in much worse health conditions due to an accident involving fuel being mixed with sea water and therefore causing severe burn injuries to many mainly female migrants. Tragically, the severe burnings caused the death of a twenty year old woman. The Italian authorities were trying to identify the sister who was onboard in order to provide her with psychological support. The doctor onboard reported also on a young man who was lying in the boat deck due to severe wounds caused by beating. A baby of 11 months old accompanied by his mother was brought to intensive care due to dehydration.

5. Visit on-board the Carlo Bergamini Frigate of the Italian Navy

At 11 am, the delegation was brought by an Italian navy helicopter from Lampedusa to the Carlo Bergamini ship. On board, the delegation was received by Rear Admiral Paolo Pezzutti, the Commander of Operation Mare Sicuro, and by the Commander of the Unit, Captain Alberto Tarabotto. The Captain explained that the Bergamini ship is part of a new multi-mission type of ships, which can be used both in military operations, being fully armed, and in civilian or humanitarian operations. Members visited the vessel’s bridge and the Combat 4 Operations Center, where they were briefed by Rear Admiral Pezzutti on Operation Mare Sicuro, which is a mission of the Italian navy aiming to ensure maritime safety and fully committed to performing search and rescue. On 15 February 2015, human smugglers threatened with weapons a rescue ship which was saving a boat full of migrants: as a consequence, Italy first deployed a naval task force and, in April 2015, launched operation Mare Sicuro. The purposes of the mission are: increasing maritime security in the central Mediterranean by deterring and countering illegal activities; denying use of the sea to criminal organizations; granting a safe shipping environment; protecting search and rescue operations; collecting information on terrorist and criminal organizations; and monitoring and protecting off-shore oil platforms. Since its launch, the Operation has performed 514 SAR actions, rescuing 87.965 persons and arresting 380 human smugglers. The patrolling area of the Operation is 80.000 square nautical miles: jointly with , it covers the whole area between Sicily and , ending only at the border of the Libyan territorial waters (i.e. 12 nautical miles from the coast). Ships deployed in the context of Mare Sicuro are not allowed to enter such territorial waters, since this would require either consent of the Libyan authorities or a UN resolution authorising such entry. The exchanges made it clear that, if vessels could get closer to the Libyan coast, this could allow obtaining access to fresh evidence of the crimes of human smuggling which are committed there. Also, patrolling ships will be in a better position to stop the flow of boats used for smuggling activities, which currently tend to come from Tunisia and sail very close to the coast in order not to be intercepted.

The radar and sonar system and the drones on-board the vessel allows to have an overview of the whole central Mediterranean Sea 24/24 h. In addition, ships by other European states deployed temporarily in the area, while having different mandates and nationalities, cooperate well and share the information they have, which allows an even more precise picture of the situation at sea. The system enables the interception of a high number of boats in distress. All rescue operations are coordinated by the Maritime Rescue Coordination Center in Rome, which receives information about boats in distress and assigns the nearest ship to the rescue operation. Rescue operations take place daily and can also require the use of helicopters in order to evacuate wounded migrants. 5 The Rear Admiral clarified that during operation Mare Nostrum many search and rescue operations took place, saving a very high number of lives. Currently, the combination of Mare Sicuro, EUNAVFORMED and Triton operating in a wider area, together with the other non-governmental vessels, including one MOAS ship, two MSF ships, the German Sea Watch and Dignity, as well as the excellent cooperation and coordination between them, has considerably contributed to the increase of successful SAR operations. In particular, operation Mare Sicuro deploys 4 ships, 4 helicopters, and several patrolling drones; Eunavfor MED is present with 5 ships (2 Italian vessels, 2 German ones, and one from the UK). Frontex deploys, at the moment and on a temporary basis, French, UK, Norwegian and Croat vessels in addition to numerous Italian vessels The Rear Admiral recalled that saving lives at sea is both a legal obligation and a moral duty for all sailors. He highlighted that the Italian navy is fully dedicated to conduct SAR operation with competence, humanity and passion. A typical rescue operation begins with a SOS call from a boat in distress. The vessel which is called to the rescue operation proceeds to contact the boat in distress and evaluates how to approach it and how to distribute life vests: this can be a very dangerous operation since the persons on the boat will tend to move on the side from which life vests are distributed, increasing the risk that the small boat will capsize. Such operations are therefore carried out by using two motor boats, which distribute life vests at both sides of the boat in distress and keep it in balance. Migrants are subsequently transferred from the sinking boat to the motor boats, and from there to the bigger Navy vessel, where they receive a medical screening and further medical assistance if needed, are identified and receive food and water. The vessel then proceeds to bringing them to the nearest place of safety. Migrants’ boats and rubber boats sailing along the central Mediterranean route come mainly from 4 different ports in Libya: Zuwarah (30% come from there), Sabratha, Tripoli and Garabulli. Usually, they leave at night and by early morning they are already out of the Libyan territorial waters, where they can launch a distress signal. The effectiveness of Mare Sicuro operation plays a deterrent effect. Therefore, the modus operandi of smugglers keeps changing rapidly and routes are not fully predictable. In fact, there has recently been a strong increase in the number of vessels leaving from Turkey and Egypt and arriving directly to Sicily, Calabria or Apulia. Although the most used route remains the Central Mediterranean one (via Lampedusa), the use of the Eastern route is increasing and smugglers are more and more organized: for instance, there have recently been cases of ships sailing next to the migrants’ boats, ready to embark the smugglers to prevent their arrest and prosecution.

6

Vessels deployed in the context of Mare Sicuro also act to stop human smuggling and trafficking. For instance, in April a mother ship was detected while it was towing a smaller boat, overcrowded with persons: this led to the arrest of 5 persons for human smuggling, as well as to a consequent change in the modus operandi of smugglers. After rescuing migrants, navy vessels systematically destroy the smugglers’ boats, so as to ensure that they are not used again in smuggling operations and they do not become a danger for the normal sailing activity. Mare Sicuro has so far taken 94% of the smugglers boats, 131 boats were either destroyed or confiscated. After the briefing, Members of the delegation proceeded to visit the rest of the ship and in particular the areas that are used to accommodate migrants in case of search and rescue operations. The ship has two doctors and two nurses on board, as well as a small surgery. Furthermore, the vessel can be divided into two areas, completely isolated from one another: a green zone, where staff operates and continues with its ordinary tasks, and a red zone, with rescued persons and the personnel who remain in contact with them. The frigate is equipped with several motor boats, which are used to rescue migrants and bring them back on board. Members of the delegation watched a live demonstration by members of the crew on how motorboats are used during the rescue operations. The crew members on a motor boat are: a scuba diver, and a staff in protective medical coveralls. Once on-board, rescued persons are immediately searched for weapons, offered water and food, and identified by name, place of origin and by taking a picture which is associated to a number: all migrant must then wear a bracelet with the number assigned to them. Afterwards, rescued persons are subjected to a medical screening in a number of small rooms separated by curtains, where their temperature is taken and they are quickly examined for skin diseases and wounds. The area also includes a separate space where mothers can breastfeed and which is equipped with the essentials for babies. The Navy doctor explained that the most frequent diseases include scabies and dehydration, as well as infections in the breathing apparatus. Additionally, in recent months the doctor witnessed an increase in cases of violence against women, gunshot wounds, and burns, due to the migrants’ treatment in Libya. Women who are victims of

7 violence are often visibly traumatized, but tend not to report the crime for cultural and linguistic reasons. After the medical screening, migrants are accommodated either outside the ship, on the deck, or in a hangar, depending on the weather situation; the hangar is equipped with a curtained toilet and a sink. Migrants are then subjected to an individual debriefing: the interviews are videotaped and serve to understand where the person is coming from, in order to transmit the information to the Italian police and to detect possible terrorist infiltration, as well as to retrieve information on the modus operandi of the smugglers. During the interview staff can be assisted, if needed, by an Arab-speaking cultural mediator. Migrants remain on-board from a few hours up to 2 or 3 days: the ship is instructed on where to disembark them by the Rome coordination center, and might need to go as far as Cagliari or Naples for the operation. During the journey, migrants also receive clothing and shoes, as well as thermic blankets if necessary. Members of the delegation were further shown sophisticated medical evacuations carried out by helicopter in case of wounded persons who need immediate medical assistance (MEDEVAC and CASEVAC). Thus, navy staff demonstrated how migrants can be tied to a stretcher and lifted from the motorboat to the ship, as well as how a helicopter can disembark a doctor on a smaller boat, who can proceed to tie the person in need to the stretcher so that he/she can be lifted into the helicopter. Such operations can be very dangerous, depending on the conditions of the sea and on the winds, and therefore it is always up to the pilot of the helicopter to decide whether to proceed or not.

6. Visit on board the Phoenix vessel, MOAS (Migrant Offshore Aid Station) Members of the delegation were brought to the Phoenix vessel of MOAS with a motor boat of the Italian Navy. On board, they were received by Ms Regina Catrambone, the co-founder and co-funder of the initiative, and by members of the crew. MOAS now employs 23 multitasking crew members and has been the first privately funded initiative to assist migrants in distress at sea. They perform search and rescue operations as a single mission since 2014. MOAS works in full coordination with the Italian Navy, the Coast Guard, and the Maritime Rescue Coordination Center in Rome; the Italian navy provides security for the non- governmental operations. MOAS has a partnership with MSF (Médecins Sans Frontieres), which has a team of doctors and nurses on board of the Phoenix, ready to take care of rescued migrants. The chief coordinator of rescue operations – a retired member of the Maltese Navy – explained how rescue operations are carried out in practice, with the full cooperation of all members of the crew. Both MOAS and MSF shared with the delegation heartbreaking stories of migrants willing to risk their life at sea, because the situation they are coming from is much worse. Members of the delegation then visited the ship. The Phoenix is equipped with a motorboat – which is used to transfer migrants from their sinking boats to the Phoenix itself – and with two Schiebel drones, which are used to patrol a broader area of the sea. Once the drones identify a boat in distress, the Phoenix informs the rescue center which can identify the nearest ship and redirect it towards the boat. The delegation met with the drones team who demonstrated how they operate. It clearly emerged that drones are making search and rescue much more effective.

8 Once migrants are rescued, they are brought on-board, where they are immediately screened by the MSF medical team and are divided: men are accommodated on the higher deck, while women are on the lower deck. They also receive paper clothing, water and food. The ship is furthermore equipped with a small medical room, were migrants can be further treated if wounded or sick. The Phoenix subsequently proceeds to the nearest place of safety, as instructed by the Rome coordination center, for disembarkation. The ship can accommodate up to around 350 persons, 400 maximum, but in case of bigger rescue operations it had sometimes to accommodate far more persons. MOAS raised the concern of being considered like a commercial yacht when docking into European ports, thus facing high local taxes, fees and fuel costs.

7. End of the delegation Members of the delegation were brought back on-board the Bergamini Frigate, where the head of delegation paid tribute to the Italian navy for their effective and human conduct of SAR operation and briefed them on LIBE activities concerning search and rescue and the ongoing report on the situation in the Mediterranean. The delegation left the frigate receiving the navy arms salute and was brought back to Lampedusa airport with a Navy’s helicopter. The delegation departed for Palermo at 19.05.

9 Annex I – programme of the visit

European Parliament Committee on Civil Liberties, Justice and Home Affairs

Mission on Search and rescue in the context of the strategic INI report on migration

Italy, 17 - 18 September 2015

Final Programme

Thursday, 17 September 2015

Plane DETAILS: departure from Brussels National Airport at 15:05 – via Rome and Palermo – arrival at 21:40 Lampedusa

22.30 Informal meeting with the Mayor of Lampedusa, Ms Giusi Nicolini

Location: Hotel Baia Turchese, Lampedusa Friday, 18 September 2015

7.30-9.30 Meeting with NGOs working on reception in Lampedusa: Save the Children; UNHCR; IOM; local NGOs

Location: Lampedusa harbour, dedicated pier for disembarkment of rescued persons

9.30-10.30 Disembarkation operations of around 250 persons rescued at sea

10.30-11 Transfer to the airport of Lampedusa

11-11.30 Transfer by the Italian Navy to the Search and rescue unit of the Italian Marina (by helicopter) to the Navy ship Carlo Bergamini

10 11.30-12.00 Visit to the bridge and pilot house of the ship

12.00-13.00 Briefing on Operazione Mare Sicuro (Safe sea operation)

13.00-14.00 Visit to the rest of the ship, including the areas where migrants are accommodated

14.00-14.30 Buffet lunch

14.30-15.30 Demonstration of a CASEVAC (emergency evacuation of sick or wounded persons)

15.30 Transfer on-board the Phoenix vessel (Moas)

15.30-16.45 Visit of the Phoenix

16.45-17.00 Transfer back on the Bergamini vessel

17.00-17.30 Transfer to the airport in Lampedusa

19.05 Flight from Lampedusa to Palermo

Individual Return back

11