Category Archives: Frontex

Statewatch Analysis: The EU’s Planned War on Smugglers

Statewatch has issued an Analysis, “The EU’s Planned War on Smugglers,” written by Steve Peers, Professor of EU Law, University of Essex:

“The EU’s Foreign Affairs Council is meeting today to discuss the possibility of a military operation in the Mediterranean to take actions against smuggling of migrants. Officially, at least, the purpose of the operation (as defined by EU leaders last month) is to destroy smugglers’ boats. The EU’s High Representative has stated that there will be ‘no boots on the ground’; and as she arrived at the Council meeting today, she referred to authorising an ‘EU operation at sea’. However, it is clear from the documents discussed in the EU’s Political and Security Committee last week that (unless plans have changed radically in the meantime) the High Representative is being “economical with the truth”. The EU action clearly contemplates action by ground forces. Moreover, it anticipates the possible loss of life not only of smugglers but also of Member States’ forces and refugees. In effect, the EU is planning to declare war on migrant smugglers – without thinking through the consequences. [***]”

Leave a comment

Filed under Analysis, European Union, Frontex, Libya, Mediterranean

German Naval Ships Participating in Mediterranean Rescue Operation Destroy Empty Migrant Boats

Two German naval ships, the Hessen and the Berlin, have been participating in Mediterranean rescue operations since 5 May and have reportedly destroyed five migrant boats (four inflatable and one wooden) after rescue operations were completed and migrants removed from the boats. The boats are destroyed because they might pose a navigational hazard to other vessels and might also be mistaken for a boat in distress. (Wir müssen die Boote zerstören, weil sie auf dem offenen Meer ein Schifffahrtshindernis für andere Boote darstellen. Zum anderen könnte es sein, dass wir ein leeres Boot aus der Luft irrtümlich als ein in Seenot befindliches Boot wahrnehmen und hinfahren, um es zu retten. Das kann wertvolle Zeit kosten, die uns bei der Rettung von besetzten Booten dann verloren geht.)

As I have noted before, there are situations such as these where the destruction of a migrant boat may be perfectly legal and appropriate. Assuming reasonable measures can be taken to avoid or minimize environmental damage, the destruction in international waters of an unflagged and unseaworthy vessel would seem to be legal.

Leave a comment

Filed under European Union, Frontex, Mediterranean, News

IOM see inherent risk that EU military action in Libya will endanger migrant lives.

In a statement IOM generally welcomed the European Commission’s proposals on migration. “IOM … supports the renewed focus on disrupting criminal smuggling networks, but has serious concerns about proposals to ‘systematically identify, capture and destroy vessels used by smugglers,’ through EU Common Security and Defense (CSDP) operations. While recognizing the need for a powerful demonstration of the EU’s determination to act, IOM sees inherent risk that military actions, however laudable, could further endanger migrant lives.”

1 Comment

Filed under European Union, Frontex, Mediterranean, United Nations

UN’s Sutherland calls on EU “not to put any refugees or migrants in the line of fire.”

Peter Sutherland, Special Representative of the UN Secretary-General for International Migration and Development in a statement welcomed the European Commission’s “European Agenda on Migration” but “urge[d] [EU] Member States not to put any refugees or migrants in the line of fire, and to design any [anti-smuggling] operation in complete conformity with international law.” Sutherland urged the EU to take steps to ensure that Frontex Operations Triton and Poseidon “are at least equal in effect to Mare Nostrum” and “to make search-and-rescue the top priority…”

Leave a comment

Filed under European Union, Frontex, Libya, Mediterranean, Statements, United Nations

HR/VP Federica Mogherini’s remarks at the UN Security Council, 11 May 2015

HR/VP Mogherini’s remarks earlier today to the Security Council contained very few details on the EU proposal to engage in “systematic efforts to identify, capture and destroy vessels before they are used by traffickers in accordance with international law.” Here is one excerpt from her remarks: Mogherini at UNSC

“[M]y presence here at the Security Council today is so important for us. We have in these weeks prepared for a possible naval operation in the framework of the European Union Common Security and Defence Policy. The mandate of this operation is currently being elaborated with the EU Member States in Brussels, and will be discussed by the meeting of the EU Foreign Affairs Council, in a week from now, in exactly a week from now on 18 May, with a possibility of taking decisions, the first decisions already. We want to work with the United Nations, in particular with the UNSC. …”

Full text here.

2 Comments

Filed under European Union, Frontex, Libya, Mediterranean, Statements, United Nations

UN Security Council, 11 May, Briefing and Informal Interactive Dialogue on the Smuggling of Migrants in the Mediterranean

Full text from “What’s in Blue” (published by Security Council Report):

“On Monday (11 May) the [Security] Council will receive a briefing by Federica Mogherini, the EU High Representative for Foreign Affairs and Security Policy, on the EU response to the smuggling of migrants in the Mediterranean Sea. After the briefing, Council members are expected to hold an informal interactive dialogue with her. At the request of Chad, the permanent observer of the AU to the UN, Ambassador Tete António, will also participate in these meetings.

This briefing comes after the 19 April incident in which more than 700 migrants drowned when the overcrowded boat on which they were traveling sank near Libya. According to the [International] Organization for Migration, more than 1,700 migrants have drowned since the beginning of January in the Mediterranean Sea. In a 21 April press statement, Council members expressed grave concern at the smuggling of migrants off the coast of Libya, highlighting the implications for regional stability. On 22 April, at the request of the UK, Council members exchanged views on this issue under ‘any other business”’

Mogherini is expected to brief Council members on the integrated strategy by the EU to address the smuggling of migrants in the Mediterranean Sea. The strategy includes the provision of bilateral development assistance to countries on the southern and eastern Mediterranean basin—as well as to countries of origin and transit—while tripling the financial resources available to operations Triton and Poseidon, currently existing in the territorial waters of EU member states. In a 20 April joint meeting of EU foreign and interior Ministers, chaired by Mogherini, the Home Affairs and Citizenship Commissioner Dimitris Avramopoulos of Greece presented a plan to respond to migrant smuggling in the Mediterranean, which would entail a systematic effort to capture and destroy vessels used by the smugglers, inspired by the EU Atalanta Operation deployed to fight against piracy off the coast of Somalia. The plan was endorsed in a 23 April meeting of the EU Council, and negotiations are ongoing at the EU to agree on the Crisis Management Concept, which is the basis for operational planning and conduct of any EU mission.

Since that meeting, discussions among EU members of the Council (France, Lithuania, Spain, and the UK) and Italy on a draft resolution apparently authorising such an operation have been ongoing. It seems some permanent members have been able to provide inputs. It appears the idea is for a Chapter VII resolution that will authorise an EU operation to use all necessary measures to inspect, seize and dispose of vessels when there are grounds to believe that they are participating in the smuggling of migrants. The draft may be circulated to the wider membership of the Council in the coming days.

Although most Council members have not seen the draft text, they are aware of some of its elements and are expected to seek information that might feed into any negotiations of the draft. Council members are likely to want to know more about the expected geographical scope of the resolution (whether this includes the high seas, the territorial waters of Libya or even its shore) and whether the EU is seeking Libya’s consent. In this context, Council members might inquire about Mogherini’s recent conversations in Tunisia with Libyan political actors, and the potential impact of such an operation on the political process. Some Council members might be worried that asking for the consent of the Tobruk-based government could negatively impact the talks, which are aimed at the formation of a government of national unity.

Some Council members may echo concerns regarding the protection of human rights and international refugee law that have been raised by the Secretary-General as well as the UN High Commissioners for Human Rights and Refugees. In particular, they might ask about the fate of the migrants taken into custody, and note the importance of respecting the guarantees of international law, notably the 1951 Refugee Convention and the principle of non-refoulement. When the programme of work was adopted, a briefing by the High Commissioner for Refugees, along with the head of the UN Office on Drugs and Crime, was being considered for some point in May. Some Council members may have expected these briefings to happen before engaging in discussions about the regional responses to the smuggling of migrants; however, at press time, it was unclear if and when they will be held.

In the past, it has been difficult to get agreement on resolutions authorising the interception of vessels, whether in the context of the implementation of sanctions or counter-piracy measures. Some Council members feel strongly about not contravening the freedom of navigation principle codified in the UN Convention on the Law of the Sea. As such, they have tended to focus their discussions in the past on issues such as the procedures to authorise the interdiction, whether the consent of the flag state is required, and where the interdiction is authorised to happen.”

3 Comments

Filed under African Union, European Union, Frontex, Libya, Mediterranean, News, United Nations

German Shipowners’ Association (VDR) Criticises Growing Reliance on Merchant Vessels to Conduct Mediterranean Sea Rescue – Calls for Expansion of SAR Boundaries

Ralf Nagel, the Chief Executive Officer of the German Shipowners’ Association (VDR), last week called on Germany to deploy Navy vessels outside of the Frontex Triton operation zone and closer to the coast of Libya where private merchant ships are often the first to encounter migrant boats in distress. At least two German Navy ships were in Crete last week waiting for deployment instructions. “Deploying the [German] Navy in that part of the Mediterranean would not only send a strong political signal to Brussels, it would also be an important message for the shipping industry, which is doing all it can. And above all else: it would save the lives of innumerable refugees. Rescuing people at sea ought to be the responsibility of navy and coast guard vessels as a rule. … [W]e therefore demand that the boundaries within which maritime rescues are conducted by government forces be expanded beyond the Triton zone.”

According to the Frontex Annual Risk Analysis 2015, private merchant ships have been conducting an ever increasing number of search and rescue operations in the Mediterranean. In December 2014, merchant vessels accounted for just under 40% of the SAR operations. (See graph below map.)

Source: Verband Deutscher Reeder (VDR) / German Shipowners' Association (VDR)

Source: Verband Deutscher Reeder (VDR) / German Shipowners’ Association (VDR)

 

Figure 5

2 Comments

Filed under European Union, Frontex, Germany, Libya, Maps, Mediterranean, News, Statements