Category Archives: United Nations

Amnesty International Report: ‘Libya is Full of Cruelty’ – Stories of Abduction, Sexual Violence and Abuse from Migrants and Refugees

Amnesty International has released a new report entitled: “’Libya is Full of Cruelty’ – Stories of Abduction, Sexual Violence and Abuse from Migrants and Refugees.” (also available here.)  2015-05-11_Amnesty Intl_Report_Libya_Libya_is_full_of_cruelty COVER

Key points include (see formal AI recommendations below):

  • “Widespread abuses by armed groups, smugglers, traffickers and organized criminal groups in Libya as well as systematic exploitation, lawlessness and armed conflicts are pushing hundreds of thousands of migrants, asylum-seekers and refugees to risk their lives by attempting to cross the Mediterranean Sea”;
  • “In many cases, migrants and refugees attempting to cross the Mediterranean Sea have been subjected to prolonged beatings in [detention] facilities following their interception and arrest by the Libyan coastguard or militias acting on their own initiative in the absence of strong state institutions”;
  • “While Amnesty International welcomes the EU’s commitment to increase resources for search and rescue operations, it is also concerned that some of the proposed measures, in particular plans to ‘systematically identify, capture and destroy vessels before they are used by traffickers’ would effectively contribute to migrants and refugees being trapped in Libya and expose them to a risk of serious human rights abuses”;
  • “As more people are drowning in the Mediterranean Sea, the priority for the international community must be to dramatically expand search and rescue operations and take effective steps to urgently address human rights abuses and serious violations of international humanitarian law in Libya. EU governments must also increase the number of resettlement places, humanitarian admissions and visas for people in need of international protection”.

Amnesty International makes the following recommendations:

To European governments

  • Urgently ensure the deployment of naval and aerial resources at a scale commensurate with foreseeable departure trends and which should patrol the high seas along the main migration routes. Whether such deployment occurs within the framework of Frontex Joint Operation Triton or through other agreements, it is crucial that ships and aircraft are delivered promptly and deployed in the area where most of calls for assistance come from and a great number of shipwrecks occurs;
  • To reduce the numbers of those risking their lives at sea, increase the number of resettlement places, humanitarian admissions and visas for people in need of international protection and ensure that refugees have effective access to asylum at land borders;
  • Ensure that any action against smugglers and traffickers is addressed through law enforcement measures, governed by human rights law and standards, and that it does not contribute to migrants and refugees being trapped in Libya without any means of escaping the violence;
  • Ensure that human rights abuses and violations of international humanitarian law, including against migrants, asylum-seekers and refugees in Libya, are addressed as part of the political dialogue aimed at ending the ongoing conflicts, and that a mechanism is put in place to monitor the human rights situation on the ground following any subsequent settlement. EU governments must also insist that Libyan authorities, armed groups and militias end the systematic indefinite detention of migrants and refugees based on their immigration status; all refugees and asylum-seekers and migrants detained for immigration purposes must be released.;
  • Investigate and bring to justice in fair trials those involved in trafficking of persons.

To the governments of Tunisia, Egypt and Algeria:

  • Keep the borders open to all individuals in need of international protection regardless of whether they have valid travel documents or meet visa requirements.

To governments along the smuggling route:

  • Ensure that any regional co-operation aimed at addressing irregular migration and dismantle smuggling networks fully complies with international law and standards, and does not infringe upon the rights and safety of asylum-seekers and refugees, with particular regard to the right to freedom of movement, the right to asylum, and the absolute prohibition on refoulement.

To militias, armed groups and Libyan authorities:

  • Release anyone detained solely on the basis of their immigration status, nationality, race, religion or ethnicity;
  • Make clear to all those under your command that torture or other ill-treatment, rape and sexual assault will not be tolerated under any circumstances. Remove from the ranks anyone suspected of such abuses;
  • Facilitate visits by independent organizations to immigration detention centres and other places of detention;
  • Ensure that all those deprived of their liberty can communicate regularly with their families and have access to adequate medical care.”

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New York Times Editorial: UN Security Council Should Reject Military Intervention in Libya

The NY Times in an editorial on Sunday called upon the UN Security Council to reject the EU request for a resolution authorising military intervention against smugglers in Libya:

“Military intervention would be a grave mistake. … It is, in fact, a cynical strategy, born of Europe’s panic over a tide of foreign migrants. … Destroying all the boats would condemn migrants to exile. A far better (and obvious) way to put the smugglers out of business is to make migration from Libya to Europe safe and legal. … The Security Council should tell [Federica Mogherini] that no military intervention is needed — just compassion and common sense.”

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UN Security Council Draft Resolution on Use of Force in Libya to Call for “Use of All Means to Destroy the Business Model of the Traffickers”

The Guardian reports that the UK has prepared a draft UN Security Council resolution on behalf of the EU “that is believed to call for the ‘use of all means to destroy the business model of the traffickers’.” According to the Guardian the resolution would authorise the use of military force in Libyan territorial waters; the military force “would come under Italian command, have the participation of around 10 EU countries, including Britain, France, Spain, and Italy…” EU naval vessels would be authorised to enter into Libyan territorial waters and helicopter gunships would be used “to ‘neutralise’ identified traffickers’ ships.”

The Security Council meets tomorrow, Monday, 11 May, to consider the situation in the Mediterranean and will receive a briefing from HRVP Federica Mogherini. The Libyan government in Tobruk has said it opposes any such resolution.

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Libyan Government (Tobruk) Will Not Support Proposed UN Security Council Authorisation of Use of Force Against Smuggler Boats

Libyan UN ambassador Ibrahim Dabbashi (representing the Libyan government based in Tobruk) told AP that Libya rejects the EU plan that may soon be considered by the Security Council to authorise the use of force to seize or destroy smugglers boats within Libya.

According to AP, the current Security Council president said that the Council expected that Libya would support the EU proposal, but Dabbashi said that his government “hasn’t even been consulted and rul[ed] out EU forces on Libyan soil ‘at this stage’. … ‘We will not accept any boots on the ground’.” Dabbashi also criticised expanded rescue operations: “He called the idea of deploying more boats to the waters off Libya to save migrants a ‘completely stupid decision’ because it would encourage even more migrants to come to his country, further burdening local authorities.”

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UN Security Council to Meet on 11 May to Consider Mediterranean Migrant Situation

The UN Security Council will meet on Monday, 11 May, to consider the situation in the Mediterranean. HRVP Federica Mogherini will brief the Security Council. Italy has circulated a draft resolution among European members of the Security Council. ANSA reports that the European members of the UN Security Council have reached an agreement and are “very close” to being able to circulate a draft resolution. Italian Foreign Minister Paolo Gentiloni said the goal is to get “a legal framework” to “perform individual operations against traffickers.” Gazzetta Del Sud reports that “European sources said next Monday’s Security Council meeting will be a ‘first step’ to assess what kind of mandate might be needed for European operations against migrant traffickers. It is not likely that meeting will come up with a resolution, the sources said. European High Foreign Representative Federica Mogherini will present a May 18 council of EU foreign ministers with various security and defense options.” Russia has already said that it would veto a resolution authorising military strikes, but that it might consider supporting “a more restricted mandate for any EU military mission, which could involve a search and rescue role alongside powers to stop and seize smugglers’ boats at sea.”

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Russia Will Veto Any UN Security Council Resolution Seeking to Authorise Destruction of Smuggling Boats in Libya

The Financial Times (paywall or answer marketing questions) reported yesterday that Russia will veto any UN Security Council resolution that would authorise the destruction of migrant boats in Libya. The FT reported that Russia might consider supporting “a more restricted mandate for any EU military mission, which could involve a search and rescue role alongside powers to stop and seize smugglers’ boats at sea.”

The Security Council’s Programme of Work for the month of May does not currently include any meetings pertaining to the EU’s desire for authorisation of military strikes on smugglers boats, but a briefing by the UN High Commissioner for Refugees on the migrant crisis in the Mediterranean might take place next week according to footnotes to the Programme of Work.

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UN Security Council President on Mediterranean Migrant Crisis: It’s Not About Protecting Europe; It’s About Protecting the Refugees.

After meetings on Tuesday this week between HRVP Federica Mogherini and the current UN Security Council President, Jordanian Ambassador Dina Kawar (Lithuania assumes the Presidency of the Security Council on 1 May), the AP reported that “diplomats are warning that United Nations backing for any European Union plan to address the growing Mediterranean migration crisis could take longer than anyone wants.”  Ambassador Kawar said “I don’t think we’re anywhere close to having [support] now” and that the effort is “not about protecting Europe. It’s about protecting the refugees.”

Excerpts from HRVP Mogherini’s press conference on 28 April at the Security Council:

“[***] My presence here was already planned today for addressing the [NPT review] conference, but I also took the chance of following up on the European Council we had last Thursday where the Heads of State and Government of the European Union discussed the tragedies that are happening in the Mediterranean, linked to the trafficking and smuggling of people across the Mediterranean, but also all the way through Africa and, in most cases, from places of the world like Syria or the Horn of Africa where their life is put at risk. So, I have had discussions about that today with the EU Permanent representatives of the countries that are sitting in the Security Council: Lithuania that is taking the Presidency of the Security Council from Friday, Spain, UK and France. I will meet also the Italian Permanent representative later on, the Russian Permanent representative and I will meet Samantha Power tomorrow in Washington as well as Secretary Kerry – not only on this but also on this. I will be visiting China next week where this issue will also be part of my talks. [***]

Q&A:
Question: [***] And on the question of an EU mandate for military operations off of Libya, do you have any sense of when that could be pushed through at the Security Council?

HRVP Federica Mogherini: [***] On the creation of an international framework, of a legal framework for fighting traffickers and smugglers, we also had a very useful conversation with Secretary General Ban Ki-Moon together with Prime Minister Renzi yesterday in Sicily. It is not for the European Union to set the UN Security Council time framework, the EU is not sitting in the Security Council, as you know very well. So it is not for me to comment on the next steps. What I can say is that we are working in Brussels and in strong coordination with the European Union members of the Security Council to make sure that our planning, our options that are being prepared in Brussels, go hand in hand with the discussions that can be made in the Security Council, and not only with the European Union members, also with others. I think I mentioned the fact that I just met the Jordanian permanent representative, not only as President of the Council but also as an Arab country that has a lot to say when it comes to the stability and the security of the region. And also the African Union. I spoke with the President of the African Union Mrs Zuma this morning to find ways of cooperating strongly in preventing the criminal organisations to act on the African territory and to address the root causes of the phenomena. Because we know very well that we cannot focus only on one of the links of the chain, meaning the last part of the trip. But we have to address root causes; we have to address the issue of poverty, of wars, of human rights, of unequal distribution and access to resources, being it financial or other kind of resources. And we need to do it in partnership with the countries that are involved in this. Because the human trafficking and smuggling is clearly a violation of Human rights but it is also clearly a threat and a challenge for the security and the stability of all countries involved, all the way. It is not only a European issue, it is not only a Libyan issue – even if we are looking at finding ways of cooperating with all Libyans to face this threat and to find ways of working together in preventing this spreading even more in the territory. But we need to work in cooperation with our partners around the region and around the world for sure. So not for me to set up a time frame for UN Security Council to work, but for sure to make sure that the European Union work on this is coordinated and is fully in respect of international law. On this, let me also say that I spoke with António Guterres on Sunday to start coordinating even more closely, because our main objective is to save lives. Saving lives also means take care of the people we save. And on this we look for a strong partnership with the UNHCR and it would be good to see the UNHCR operating in all places through which the smuggling and trafficking of people takes place.

Question: On this migrants’ smuggling question. Can you say how soon your enforcement operations will begin? Which countries will participate? And any details on how this enforcement effort will be underway?

HRVP Federica Mogherini: I was tasked last Thursday to start preparation for possible operations by the European Union, in full respect of international law, which means that we will need in any case to have a legal basis before we start operation on a European Union level. In the meantime, we are preparing options for a mission, for an operation. The process would be, first for me to present options to the Ministers, for them to take decisions; decisions in the EU are taken by unanimity, 28. And then it will be up to single Member States to decide whether and in which way they can participate to the operation. So we have different phases: preparation has already started on Thursday, on the very same day [than the European Council]. We are having the first discussion and thinking with the Member States in these very same hours. And we are working rapidly, but still, “rapidly” in the context of the European Union, definitely means not a couple of days. Also because in the meantime, as I said, we need to make sure that we have framework of international legality, in which we want to operate. There is nothing we are going to do that is outside of the framework and we work together with the UN and/or in partnership with the Libyan authorities. I will have a meeting shortly also with Bernardino Leon to see ways in which we can even more support his efforts to find an agreement in Libya because we know we have to partner with Libya, with all Libyans in this. And let me stress it very much because I know that the messages might have been perceived in a nuanced way. I want to make it very clear that there is nothing the European Union is preparing or thinking of that is intended to be against the Libyan people or the Libyan authorities in all their complexity. What we want to do is to work with Libyans on their own security, on their own possibility of freeing the country of criminal and also terrorist networks that are proliferating at this time. So it is a partnership we are looking for.

Question: Would you please tell us whether the EU supports a resolution from the Security Council and the creation of a maritime force that deals with the issue of trafficking people across the Mediterranean and with the flow of arms inside and outside Libya?

HRVP Federica Mogherini: The content of my talks here today has been on the first part of your question, absolutely yes. How we can stop the trafficking organisations: at sea, not only at sea, let me say, because if you take 5 minutes and look at the statement of the European Council there is this task for me, but there is also the task of working on other aspects of the prevention and the fight against trafficking organisations. Namely, the work will increase with Niger, with Mali, with the other neighbouring countries of Libya – Tunisia, Egypt, Algeria. Not to focus only on the last part of the trip but also on the rest of the security we need to build. So yes, this is definitely part of my mandate, this is definitely part of my talks that for the moment have been very constructive, I would say.
[***]”

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