Labour MEPs diverge on resolution changes against Frontex-Libyan militia cooperation

Maltese MEPs were split on a European Parliament resolution that included clauses acknowledging media reports on how Frontex cooperated with a Libyan militia accused of human rights abuses. 

MEPs on Thursday voted on several amendments to a resolution concerning the operations of the EU’s border agency. 

Labour MEPs Josianne Cutajar and Cyrus Engerer were the only two Maltese MEPs present to vote on the resolution and its amendments. The three other MEPs – Alfred Sant, Alex Agius Saliba and David Casa - were absent.  

Despite hailing from the same parliamentary grouping and party, Cutajar and Engerer’s positions diverged on the inclusion of a clause acknowledging media reports that Frontex cooperated directly with militia groups in Libya.  

Engerer voted in favour of the clause. “I always vote to have facts in reports and resolutions, away from partisan spin,” he told this newspaper. “The fact that the report on Frontex coincided with the revelations made by MaltaToday and other journalists on Frontex, it was opportune to include the fact in the European Parliament report.” 

Labour MEP Cyrus Engerer

MaltaToday was part of a joint investigation into the Libyan militia group Tareq Bin Zeyad, which is carrying out pullbacks in Malta’s search and rescue zone. Both Frontex and the Armed Forces of Malta were found to have passed on coordinates directly to the militia group, resulting in pushbacks by proxy. 

Engerer added that this is not the first time that Frontex’s operations raised eyebrows. A year ago, the EU’s anti-fraud agency found that senior staff at Frontex were involved in covering up illegal pushbacks in Greece. This led to the resignation of Frontex executive director Fabrice Leggeri.  

“The European Parliament holds the power to scrutinise Frontex and we must ensure that it complies with its responsibilities, including the protection and promotion of fundamental rights,” Engerer said.  

Cutajar voted against the reference being in the operative text but did not vote on whether it should be in the recitals.  

“I voted against the mentioned amendment along with the majority of S&D because the text of the resolution already contained other references to the subject and this amendment was not part of the agreed compromise,” she told MaltaToday. 

Labour MEP Josianne Cutajar

The European Parliament had been discussing a wider resolution calling on Frontex to respect EU principles while scaling down operations in member states that do not respect EU values.  

MEPs from The Left and Green political groupings proposed amendments in the operative text and recitals of the resolution acknowledging the joint investigation on Frontex, Malta and the Libyan militia.  

References to the report were shot down by the EPP group and Renew, while S&D voted to include the reference recitals. The overall amendments failed to get a majority and were not taken on in the final text of the resolution.

Frontex fact-finding mission 

The resolution marked the end of a fact-finding mission by the parliament’s Frontex Scrutiny Working Group.  

The text was adopted with 366 votes in favour, 154 against, and 15 abstaining.  

In the resolution, MEPs said Frontex could do more to increase the EU and member states’ capacity to carry out search and rescue operations at sea by investing in appropriate assets for such operations.  

Senior Maltese government officials met with eastern Libya’s de facto leader Khalifa Haftar in 2023 in a bid to establish a communication channel with the Benghazi-based administration. Seen here are Christopher Cutajar, foreign ministry permanent secretary (left), with Haftar (centre) and Maltese Cabinet Secretary Ryan Spagnol (right). At the back is Malta’s special envoy on migration to Libya, Alex Dalli

MEPs also expressed severe concerns on the allegations made against Greek authorities in relation to pushbacks and violence against migrants. In this regard, MEPs said Frontex should scale down its operations to mere monitoring and presence on the ground in cases where a member state is unable to respect EU principles and values.  

The resolution is based on a fact-finding investigation carried out by the Civil Liberties Committee Working Group on Frontex Scrutiny. It was set up in January 2021 to monitor all aspects of the functioning of the border agency, including its compliance with fundamental rights.

The Libyan militia 

A joint investigation by reporters from MaltaToday, Lighthouse Reports, Al Jazeera, Der Spiegel, Le Monde and SIRAJ revealed that a Libyan militia called the Tareq Bin Zeyad brigade has been forcibly returning migrants to Libya while out at sea.  

A Maltese AFM pilot had communicated coordinates directly to the militia group, resulting in a pullback to Libya from Malta’s SAR. In a separate incident, Frontex directly communicated coordinates to the brigade, resulting in a forced return.  

The Tareq Bin Zeyad brigade (TBZ) is a military force in Eastern Libya led by Commander Saddam Haftar, the son of military leader Khalifa Haftar. It forms part of Haftar’s Libyan Arab Armed Forces (LAAF) and is one of its largest armed groups. According to confidential EU documents seen by journalists, the brigade is supported by Russian private army Wagner and Sudanese mercenaries. 

The brigade is known for its aggressive behaviour and human rights abuses. Amnesty International published a research briefing last year documenting the many crimes and abuses of the TBZ, which include torture, rape and hostage-taking. 

TikTok screenshots of the TBZ boat crew having a barbeque and posing with a Playstation remote in hand

Reporters also spoke to several migrants who have experienced this abuse first-hand. Bassel, a 36-year-old father of two kids, was beaten until his body turned black. Another migrant, Hasan, saw a soldier shoot and kill one of the migrants on board a vessel at sea. After shooting him, the soldier threw his body into the sea. Meanwhile, Ahmed was forced to drink from a toilet while detained by the TBZ. 

The names of the migrants spoken to have been changed to protect their identity. 

Khalifa Haftar is the de facto leader of the administration that runs eastern Libya and is a rival to the Tripoli-based internationally recognised government. UN efforts to bring the two sides together in the hope of holding national elections all over Libya have so far failed. 

Libya has been in turmoil ever since dictator Muammar Gaddafi was deposed in 2011 in a western-backed revolution. 

Following Gaddafi’s removal, rival militias battled for territory and influence. Attempts to create a government of national accord based in Tripoli were scuttled when a rival parliament in Benghazi refused to recognise the UN-backed administration 

Haftar waged war on Tripoli in 2019 but his forces were pushed back leaving the country split down the middle.