Tag Archives: Greece

Steve Peers: The Refugee Crisis: What should the EU do next?

A great legal analysis and overview of the situation by Prof. Steve Peers (Professor of EU Law & Human Rights Law, University of Essex) from EU Law Analysis blog:

“…. How should the EU address [the refugee crisis] next? Should it abolish or reform the Schengen and/or Dublin rules? Are Member States complying with EU and international law in their response? To answer these questions, I will examine in turn (a) the international law framework; (b) the EU law framework; (c) whether Schengen is at ‘fault’; (d) whether Dublin is at ‘fault’; and (e) what the EU should do next.  My main purposes are to explain the legal background, to point out some legal errors, and to suggest the best way forward in light of the international refugee law framework…..”

Click here for article.

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HRVP Mogherini’s Summary of Informal Meeting of EU Foreign Ministers on Refugee Crisis: The meeting “was not an easy one…”

These are excerpts/highlights from comments made by HRVP Federica Mogherini at the conclusion of Saturday’s, 5 September, informal meeting of EU foreign ministers. The full text of her remarks is here.

  • The meeting  “was not an easy one…”
  • “[W]e need to start using the right words: [the crisis] is partially a migrant flow, but it is mainly a refugee flow, which puts us in a different situation when it comes to our legal and moral duties.”
  • “I hope – finally, finally – we all realise that these people are coming to Europe, not to one or another Member State. … Unfortunately, it took us some months to realise this, but maybe that awareness is finally there.”
  • “We are all facing a … dramatic event. I don’t say an emergency event, because this is not an emergency: it is an urgency we are facing, but it is not something that starts one day and finishes another day. It is here to stay and the sooner we accept it, politically and psychologically, the sooner we will be able to respond in an effective way and manage it in an effective way.”
  • “Now we agreed to strengthen our cooperation – not only within the European Union, but also with the Candidate Countries – on five different levels… Some of them have started already, some of them are going to be further defined … in particular with the package that the Commission is going to adopt in this coming week, with the decisions that the Ministers of Interior and Justice will be called to take within one week, ten days from now.”
  • “[W]e will have a Foreign Affairs Council, a European Council, which for the moment are planned for October…”
  • “[W]e agreed to strengthen cooperation on five different elements[:]
    • First of all, how to ensure better protection to those in need of protection: asylum seekers are entitled to the status of refugee.
    • Second, manage borders in full respect of our values, first of all respect for human rights.
    • Third, fighting against smugglers’ and traffickers’ networks. … And as I did with the Defence Ministers the day before yesterday, today I shared again with the Foreign Ministers my suggestion to transit to phase 2 of this operation, which would allow us to operate in high seas to fight the traffickers and smugglers. And I have found a large consensus about that need for the naval operation. Obviously, we will also need to increase the level of our actions against the traffickers organisations on the mainland, when it comes to the Western Balkans route.
    • Fourth, strengthening our partnership with third countries, mainly countries of origin and transit. Here, obviously, we are working on readmission and return agreements, but not only. We know very well that it is very important for our partners, especially in Africa and the Middle East, to work together with us on economic developments, opportunities for growth and jobs, especially for their young people. …
    • Fifth point, that is maybe the most important, even if it is the most long term plan – it is our common work on what we call the root causes. In this case, that has mainly two aims. One is Libya, when it comes to the Southern corridor. And here, we have re-expressed all our active support to the last phases… hopefully, the last phases of the UN-led negotiations to form a National Unity Government in Libya. … And [the other is] Syria…”

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UNHCR Launches Web Data Portal on Mediterranean Refugee/Migrant Situation

UNHCR has launched a comprehensive data portal on the Mediterranean refugee and migrant situation and the various responses.  The portal contains data, statistical information, maps, reports, situation updates, and other information.



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Frontex Director: EU Military Operation Near Libya May Shift Migration Routes to Eastern Mediterranean

In an interview published earlier this week in Les Echos, Frontex Director Fabrice Leggeri noted that there already exists a small shift in migration flows from the central Mediterranean to the eastern Mediterranean: “The pressure is growing stronger on the eastern Mediterranean. … Since early 2015, and before last weekend, there were slightly more arrivals from Turkey: 40.000 irregular crossing in the Greek islands, against 37,000 in Italy. The number of Syrian refugees is decreasing steadily in Italy. Syrian families prefer to avoid Libya because the security conditions there have worsened significantly. The smugglers are much more violent in Libya.”

[“La pression est de plus en forte sur la Méditerranée orientale. … Depuis le début 2015, et avant le week-end dernier, il y avait légèrement plus d’arrivées en provenance de Turquie : 40.000 franchissement irréguliers dans les îles grecques, contre 37.000 en Italie. Le nombre de réfugiés syriens diminue de manière constante en Italie. Les familles syriennes préfèrent éviter la Libye car les conditions de sécurité s’y sont nettement dégradées. Les passeurs sont beaucoup plus violents en Libye.”]

Director Leggeri noted that an EU military operation near Libya may simply move some of the migration flow further to the east: “Migration routes are extremely flexible and can change rapidly. There is strong pressure [migratory] on the European Union in general from those who come from the African continent and the Middle East. … If there is a military operation in the vicinity of Libya, this may change the migration routes and make them move to the eastern route.”

[“Les routes migratoires sont extrêmement flexibles et peuvent se modifier rapidement. Il y a une forte pression sur l’Union européenne de manière générale qui vient du continent africain et du Proche-Orient. … S’il y a une opération militaire au voisinage de la Libye, cela peut changer les routes migratoires et les faire basculer vers la route de l’Est.”]


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Turkish Coast Guard Reports Intercepting 12,872 Migrants in Aegean Sea in 2014; Some Migrants Pushed-Back into Turkish Territorial Waters

“A total of 12,872 migrants trying to cross into Greece from Turkey over the Aegean Sea were captured by Turkish Coast Guard Command teams in 524 separate incidents in 2014, while 74 people were also arrested on charges of smuggling migrants, Anadolu Agency has reported. The number of migrants who were captured in 2013 was 8,047, including 6,937 on the Aegean Sea. The total number of migrants captured by authorities across Turkey in 2012 was 2,531. The official number in 2011 was 546, which means that the number of captured migrants has increased 24-fold since then. …”

An unspecified number of the intercepted migrants were reportedly subjected to push-back practices where the affected migrants were returned to Turkish territorial waters [“Yasa dışı göçmenlerin bir kısmı da ‘geri atma olayı (gittiği ülkeden Türkiye karasularına geri gönderilme)’ olarak arz edilen olaylar sonucu yakalandı.”].

The push-backs were presumably carried out by Greek patrol boats or possibly by vessels operating pursuant to Frontex Joint Operation Poseidon Sea 2013 (which operated through 2014 Q1).

Click here (EN) and here (TR) for articles.

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Frontex: Update on Operation Triton; Growing Use of Larger Vessels by Smugglers

Frontex last week released updated information on Operation Triton since its launch on 1 November. Frontex also reported on the growing use by smugglers of older freighters and cargo vessels which are being obtained primarily in south-eastern Turkey and which are being used by smugglers to transport larger numbers of migrants – as occurred yesterday with the rescue of 500-700 migrants on board the Moldovan flagged Blue Sky M between Greece and Italy.

Excerpts from the Frontex statement:

“Since the launch on November 1st of Operation Triton, the Frontex-coordinated mission in the central Mediterranean, some 11,400 migrants have been rescued, about 10,000 of them in situations characterised as “distressed,” in 77 separate Search and Rescue incidents at sea. Although significantly smaller than the number recorded during the August peak – when some 28,000 migrants were detected on this route – this level of traffic is still unprecedented for wintertime….”

“In a rapid adaptation of strategy that has become their hallmark, the smugglers have started using much larger boats. These are typically decommissioned freighters, up to 75m long, procured in the ports of south-eastern Turkey, notably Mersin: a departure point still connected by ferry to the Syrian port of Latakia, making it reachable for the tens of thousands of Syrians still fleeing the conflict in their country. The freighters, repaired and manned by crews sometimes hired from as far away as Russia, are piloted via Cyprus and Crete towards Italy, which remains the EU destination of choice for refugees from the Middle East.”

[Editor’s note: yesterday’s incident involving the rescue by Italian authorities of the Moldovan cargo ship Blue Sky M carrying hundreds of migrants would seem to be one such example; AIS tracking information from Marine Traffic shows that the Blue Sky M spent approximately five days (20-25 December) sailing in circles off the south-eastern Turkish coast before it began sailing towards western Greece. See screen capture of ship’s path from Marine Traffic below.]

“A place on a freighter from Turkey costs at least three times the price of a ticket on the usual sea route from Libya. And yet the migrants are willing to pay. Travelling this way not only circumvents the considerable danger of capsizing in a small boat in rough seas: it also avoids having to go to Libya. The departure point of choice for facilitator networks in 2014, this increasingly lawless North African nation appears to have become too dangerous an operating environment even for the criminal gangs….”

“For all its advantages, though, the new route from Turkey is not without dangers. The engines of the old ships are often highly unreliable. In the last six weeks alone, one freighter has been found drifting near Cyprus; another was rescued 30 miles off Crete; still others, off the Italian coast. The danger of shipwreck is greatly increased by the smugglers’ habit of switching off the freighter’s AIS (the Automatic Identification System with which all boats over 300 tonnes, as well as all passenger ships, are equipped). The effect is to make the boat electronically invisible to the Italian search and rescue authorities – a stratagem that buys time for the smuggling crew to escape by fast launch and thus avoid arrest.”

“Frontex has discerned another worrying recent trend: some 30% of all migrants rescued at sea in September and October were picked up by civilian shipping – the vast majority of them, 52 incidents, off the coast of Libya. The smugglers have learned to time the departure of migrant boats so that they cross the paths of merchant ships heading for the EU. When a distress call is transmitted, the merchant ship, being the nearest, is obliged by international maritime law to go to the rescue – and then disembarks them at the next port of call.”

Click here for full statement.

Screen capture from Marine Traffic showing path of Blue Sky M from 20-25 December 2014.

Screen capture from Marine Traffic showing path of Blue Sky M from 20-25 December 2014.

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“Mediterranean flows into Europe: Migration and the EU’s foreign policy” – Analysis by European Parliament DG for External Policies

The EP’s Directorate-General for External Policies just released an Analysis, “Mediterranean flows into Europe: Migration and the EU’s foreign policy,” in which it reviews the EU’s external policies and instruments relating to migration in the Mediterranean, including the Mediterranean Task Force established after 3 October 2013 tragedy at Lampedusa in which over 350 people died.

The Analysis describes the serious shortcomings of the security-driven approach that has been taken by the EU. Noting, for example, that “it is unclear whether the militarisation of EU border management (resulting from a tighter relation between the CSDP and Frontex) will actually save lives or create even more danger for migrants” and that “[t]he increasing militarisation of the issue of irregular migration was underscored in December 2013, when the European Council called for the establishment of an EU Maritime Security Strategy by June 2014 as well as for increased synergies between the EU’s Common Security and Defence Policy (CSDP) and freedom/security/justice actors to tackle illegal migration.”

The Analysis discusses possible ways in which the European Parliament might play a more significant role in the shaping of future policies:

“The coming months – which will include the European elections and the June 2014 Council – present an important opportunity for the EP to engage politically with the topic of migration in the Mediterranean. As outlined above, numerous EU external policies and instruments deal with migration in the region; […]

All should incorporate respect for human rights as a central concern and pursue the overall goals of prevention, protection and solidarity. The EP has tools at hand to contribute effectively to those objectives. The EP should use its co-decision powers to ensure the inclusion of human rights provisions in all migration-related legislation, and its power of consent to guarantee that international agreements contain effective human rights guarantees. The EP’s budgetary powers also allow the institution to link assistance to third countries to proper human rights monitoring mechanisms.

Most pressingly, the EP should advocate the implementation of the actions recommended by the Mediterranean Task Force set up by the Commission. The EP should also use the opportunities generated by inter-parliamentary relations (such as the 27th ACP-EU Joint Parliamentary Assembly in March and the EU-Africa summit in April) to engage in a dialogue about migration with third countries. This dialogue should foster cooperation in the management of regular migration and in the fight against irregular migration and trafficking networks, with special emphasis on the need to prevent migrants from embarking on dangerous journeys to the EU.

The dialogue should also seek to frame Mediterranean migration within a wider perspective, possibly in the following ways:

  • Steer away from excessively militarised and security-centred approaches. The EP should ensure that strict human rights standards are respected in the fight against organised crime and smugglers’ networks, and that a clear distinction is drawn between criminal networks and their victims. The EU should prevent the criminalisation of migrants and of humanitarian organisations supporting migrants.
  • Highlight the importance of good governance, and of good migration governance more specifically. By reinforcing the EU’s Regional Development and Protection Programmes, for example, the Union can develop a comprehensive and long-term framework to develop and enhance the capacities of migration management and national asylum systems in Mediterranean countries.
  • Demand full respect for humanitarian law, refugee protection and human rights (including the rights of non-nationals) in crisis situations, and stress that humanitarian access must be guaranteed to provide life-saving supplies.
  • Recognise the importance and challenges that South-South and intra-African migration represent for countries in the southern Mediterranean, rather than focussing solely on the (much smaller) flows towards the EU.
  • Encourage further research on the migration-development nexus and explore the positive impact of human mobility on socioeconomic development.
  • Encourage EU Member States to facilitate and speed up their procedures to grant asylum and EU protected status, whilst better differentiating between refugees and irregular migrants. The EP should respect the competence of the Member States in this regard, but could also encourage Member States – in cooperation with the UNHCR – to increase their quotas for resettling refugees not adequately protected in third countries. The EP should support the Mediterranean Task Force’s proposed feasibility study on the joint processing of protection claims outside the EU, and the Commission’s proposal to move towards a common approach for humanitarian permits and visas.

All these actions would contribute to reshaping the EU’s external action related to migration, notably in the Mediterranean. They would also enhance the EU’s credibility vis-à-vis those third countries that accept significant number of migrants and refugees, and that most directly bear the consequences of their neighbours’ conflicts. (This is the case today for Lebanon and Turkey, as a result of the Syrian civil war). A modified EU approach could also project a more nuanced and positive view of migration – a change that might, in turn, influence the way migration is perceived more broadly within the EU.”

Click here or here for the Analysis.


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