Week in Review – 11 November 2018

A Review of Events of the Previous

Week in the Mediterranean

The death toll

IOM:  Mediterranean Migrant Arrivals Reach 101,185 in 2018; Deaths Reach 2,040.

UNHCR expresses concern over lack of rescue capability in Mediterranean, but condones Libyan coast guard pull back operations

While UNHCR rightly calls for a change in EU practices, it fails to acknowledge or address the serious problems with the Libyan coast guard’s pull back practices in Libyan territorial waters – practices enabled and funded by the EU.  UNHCR’s latest statement on this subject condones EU-funded Libyan coast guard pull back practices.

From Jeff Crisp (@JFCrisp): “A simple question for UNHCR and IOM: Should asylum seekers who leave Libya by boat have an opportunity to submit an application for refugee status elsewhere, rather than being summarily intercepted and forcibly returned to and detained in the country of departure? Because UNHCR’s global policy says: ‘persons rescued or intercepted at sea cannot be summarily turned back or otherwise returned to the country of departure, including in particular where to do so would deny them a fair opportunity to seek asylum.’”

UNHCR’s statement: “UNHCR continues to be very concerned about the legal and logistical restrictions that have been placed on a number of NGOs wishing to conduct search and rescue (SAR) operations, including the Aquarius. These have had the cumulative effect of the Central Mediterranean currently having no NGO vessels conducting SAR.  Should NGO rescue operations on the Mediterranean cease entirely we risk returning to the same dangerous context we saw after Italy’s Mare Nostrum naval operation ended in 2015 and hundreds of people died in an incident on the central Mediterranean Sea.  UNHCR welcomes the rescue efforts of the Libyan Coast Guard (LCG), as without them more lives would have been lost. Nonetheless, with the LCG now having assumed primary responsibility for search and rescue coordination in an area that extends to around 100 miles, the LCG needs further support. Any vessel with the capability to assist search and rescue operations should be allowed to come to the aid of those in need. UNHCR reiterates that people rescued in international waters (i.e. beyond the 12 nautical miles of the territorial waters of Libya) should not be brought back to Libya where conditions are not safe. The largest proportion of deaths have been reported in crossings to Italy, which account for more than half of all deaths reported this year so far, despite Spain having become the primary destination of those newly arrived. More than 48, 000 people have arrived there by sea, compared to around 22,000 in Italy and 27,000 in Greece. There is an urgent need to break away from the current impasses and ad-hoc boat-by-boat approaches on where to dock rescued passengers. UNHCR reiterates that in recent months, together with IOM, we have offered a regional solution that would provide clarity and predictability on search and rescue operations.”

Security Council extends Libya sanctions to persons planning, directing or committing acts involving sexual and gender-based violence

The UN Security Council on 5 November extended until 15 February 2020 the mandate of the Panel of Experts who oversee the sanctions targeting the illicit export of oil from Libya and decided that perpetrators of gender-based violence may also be subject to sanctions.

From the UN Press Service: “Adopting resolution 2441 (2018) by a vote of 13 in favour to none against, with 2 abstentions (China, Russian Federation), the Council condemned attempts to export petroleum by entities outside the aegis of Libya’s Government of National Accord.  It also reaffirmed the travel ban and assets freeze first laid out in resolution 1970 (2011) (see Press Release SC/101/87/Rev.1 of 26 February 2011), which applies to those engaging in activities that threaten the peace or undermine Libya’s political transition. In renewing the Panel’s mandate, the Council decided that such activities ‘may also include but are not limited to planning, directing or committing acts involving sexual and gender-based violence’, and requested that its members include expertise on such violence in accordance with operative paragraph 6 of resolution 2242 (2015).”

Excerpts from Resolution 2441 (2018):  The Security Council, [***] Reaffirming the importance of holding accountable those responsible for violations or abuses of human rights or violations of international humanitarian law, including those involved in attacks targeting civilians and stressing the need to transfer detainees to State authority,[***]

11. Reaffirms that the travel ban and asset freeze measures [***] also apply to individuals and entities determined by the Committee to be engaging in or providing support for other acts that threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition, and reaffirms that [***] such acts may also include but are not limited to planning, directing, sponsoring, or participating in attacks against United Nations personnel, including members of the Panel of Experts [***]

and decides that such acts may also include but are not limited to planning, directing or committing acts involving sexual and gender-based violence; [***]

14.  Decides to extend until 15 February 2020 the mandate of the Panel of Experts [***], decides that the Panel’s mandated tasks shall remain as defined in resolution 2213 (2015) and shall also apply with respect to the Measures updated in this resolution and requests the Panel of experts to include the necessary sexual and gender-based violence expertise, in line with paragraph 6 of resolution 2242 (2015); [***].”

Almost 5500 people held in Libyan Directorate for Combatting Illegal Migration detention centres

UNHCR estimates that as of 9 November there are an estimated 5,413 refugees and migrants held in DCIM operated detention centres in Libya of whom 3,988 are persons of concern to UNHCR.

Nearly every woman who makes irregular migrant crossing from Africa to Spain is sexually abused during the journey

From U.S. National Public Radio: “Immigration lawyers and activists say nearly every woman who makes the [irregular] journey [from Africa] to Spain is sexually abused along the way – sometimes they come through sex trafficking mafias, who facilitate the crossing in return for a debt of tens of thousands of dollars. Women sometimes arrive pregnant or with infants conceived on their journey, often a result of rape.”

Mixed Migration Review 2018 – Highlights / Interviews / Essays / Data

From MMC: “This first publication of the annual Mixed Migration Review by the Mixed Migration Centre offers a review of mixed migration around the world focusing on key events and policy developments during the 2017/2018 period. The report includes a series of essays looking at the most salient and polemical issues facing the refugee and migration sectors with respect to mixed flows, as well as a series of interviews with individuals and officials closely associated with or relevant to the sector and its challenges. The report is based on a wide range of research as well as exclusive access to 4Mi data from over 10,000 interviews with refugees and migrants in over twenty countries along seven major migratory routes. In three major sections (the migrants’ world, the smugglers’ world and global debates), the report offers a deep analytical dive into the world of mixed migration. The report does not offer one-size-fits-all solutions or simple conclusions, but raises many difficult questions and treats the mixed migration phenomenon with the complexity it deserves.”

Summary from Reliefweb: “Despite different motives and routes, migrants in mixed migration flows have one thing in common: they experience severe abuses, often as victims of policies trying to stop them and via the smugglers who profit from their movements. But most people would do it again, despite the abuses….”

“Global motivation for migration exceeds the limited possibilities to cross borders. Restrictive policies do not change the scale of migration but how people migrate and the routes they use. If refugees and migrants don’t succeed in the current restrictive environment, they will increasingly need to travel irregularly – with more abuses to follow. The data from the 4MI project with over 10,000 interviews indicates that depending on where migrants and refugees are interviewed, between one third and two thirds of all respondents report having experienced sexual or physical violence, robbery or kidnapping.”

“‘Rather than reducing irregular migration, policy efforts tend to lead smugglers to adapt their routes and methods that make journeys more dangerous for refugees and migrants. At least 60,000 refugees and migrants have died during their journey since the start of this century. But if governments only seek to restrict migration and asylum arrivals, lucrative business opportunities will continue to be available for smugglers. In many locations it occurs with the collusion of state officials who might otherwise interdict smuggling activities,’ says Bram Frouws, head of the Mixed Migration Centre.”

“One of the reasons people on the move are exposed to violations is the dependency on and rise of the migrant smuggling business. In 2016 at least 2.5 million people were smuggled worldwide for an economic return of up to $7 billion. But smugglers are a heterogenous group – as the more than 300 interviews conducted with smugglers by MMC reveals.”

“‘Smugglers are responsible for 50 percent of all incidents of sexual violence, physical violence, robbery and kidnapping reported by refugees and migrants interviewed through MMC’s 4Mi project. But smugglers often provide them their only option to reach safe havens. If people want to migrate, there will be smugglers – and being honest about smuggling also entails recognising that, despite everything, smugglers mostly deliver on their promises.’ says Bram Frouws.” [***]

“‘While irregular migration by sea to the EU has gone down a sense of crisis prevails and most policy initiatives from the EU still aim at keeping people out of Europe. The number of refugees and migrants crossing the Mediterranean has decreased in the past two years, but due to actions to stop this migration the mortality rate has increased sharply. Even if people are aware of these risks, this should not impact on their human rights and dignity. And with the joint policy efforts and money spent on combatting migration, it is worth taking this report to policy makers asking the question: Are there not more humane and economically smarter and more rational ways to organize migration?’ ends Bram Frouws.”

100,000 expected to have travelled “eastern route” via Yemen by end of year

From the Guardian: “More than 100,000 people are expected to travel along at least part of this ‘eastern route’ by the end of this year, as many as are anticipated to cross the Mediterranean, according to latest statistics. It is supposed to be the safer option, avoiding a long desert journey, but is lethal enough. Local humanitarian officials and security experts say it is impossible to know how many have been killed in incidents similar to that described by Adam. Estimates range from 150 a year to 10 times as many. ‘There can be up to five or 10 boats leaving every day, sometimes many more … Even if there is just one migrant dying every day that’s too many, but there are likely to be many more deaths that are unaccounted for,’ said Danielle Botti, a Nairobi-based analyst with the Mixed Migration Centre.”

British Institute of International and Comparative Law launches project looking at migrant rescues at sea

The British Institute of International and Comparative Law announced today that it is launching a new project looking at the responsibilities of and implications for private vessels of maritime search and rescue of migrants and refugees. The project, led by Associate Senior Research Fellow Dr Jean-Pierre Gauci, will examine the roles, responsibilities and legal implications for private vessels involved in the rescue of migrants and refugees at sea.

It will examine the commercial and shipping law implications of such rescues and related issues such as delays in disembarkation, as well as the human rights implications including issues that arise from instructions by SAR States to return individuals to countries where their life and liberty might be threatened. The role played by and implications for and of NGO rescue operations will also be considered. The project will entail legal analysis, consultation with relevant stakeholders and the development of guidelines and training.”

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Security Council extends Libya sanctions to persons planning, directing or committing acts involving sexual and gender-based violence

The UN Security Council on 5 November extended until 15 February 2020 the mandate of the Panel of Experts who oversee the sanctions targeting the illicit export of oil from Libya and decided that perpetrators of gender-based violence may also be subject to sanctions.

From the UN Press Service: “Adopting resolution 2441 (2018) by a vote of 13 in favour to none against, with 2 abstentions (China, Russian Federation), the Council condemned attempts to export petroleum by entities outside the aegis of Libya’s Government of National Accord.  It also reaffirmed the travel ban and assets freeze first laid out in resolution 1970 (2011) (see Press Release SC/101/87/Rev.1 of 26 February 2011), which applies to those engaging in activities that threaten the peace or undermine Libya’s political transition. In renewing the Panel’s mandate, the Council decided that such activities ‘may also include but are not limited to planning, directing or committing acts involving sexual and gender-based violence’, and requested that its members include expertise on such violence in accordance with operative paragraph 6 of resolution 2242 (2015).”

Excerpts from Resolution 2441 (2018):

The Security Council, [***] Reaffirming the importance of holding accountable those responsible for violations or abuses of human rights or violations of international humanitarian law, including those involved in attacks targeting civilians and stressing the need to transfer detainees to State authority,[***]

11. Reaffirms that the travel ban and asset freeze measures [***] also apply to individuals and entities determined by the Committee to be engaging in or providing support for other acts that threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition, and reaffirms that [***] such acts may also include but are not limited to planning, directing, sponsoring, or participating in attacks against United Nations personnel, including members of the Panel of Experts [***]

and decides that such acts may also include but are not limited to planning, directing or committing acts involving sexual and gender-based violence; [***]

14. Decides to extend until 15 February 2020 the mandate of the Panel of Experts [***], decides that the Panel’s mandated tasks shall remain as defined in resolution 2213 (2015) and shall also apply with respect to the Measures updated in this resolution and requests the Panel of experts to include the necessary sexual and gender-based violence expertise, in line with paragraph 6 of resolution 2242 (2015); [***].”

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Week in Review – 4 November 2018

The death toll

IOM: Mediterranean Migrant Arrivals Reach 97,857 in 2018; Deaths Reach 1,987

30 years ago, 1 November 1988, the first documented death on a Spanish beach

When the body of a Moroccan man washed up on a beach in Tarifa in 1988, no one knew that it would be the first of more than 6,700 fatalities.  It was November 1, 1988, a date that continues to haunt journalist Ildefonso Sena. He took 10 photos of the scene with his Nikon compact camera but only one was needed for the incident to send shock waves through Europe. Without intending to, he had immortalized the first migrant death in the Strait of Gibraltar….”

Associated Press documents over 56,800 migrants dead or missing worldwide, almost double the number of other estimates

“An Associated Press tally has documented at least 56,800 migrants dead or missing worldwide since 2014 — almost double the number found in the world’s only official attempt to try to count them, by the U.N.’s International Organization for Migration. The IOM toll as of Oct. 1 was more than 28,500. The AP came up with almost 28,300 additional dead or missing migrants by compiling information from other international groups, requesting forensic records, missing persons reports and death records, and sifting through data from thousands of interviews with migrants….”

Libyan Coast Guard pull backs / interceptions reach 14,249; October interceptions 45% less than previous months

UNHCR reports that “as of 29 October, the Libyan Coast Guard (LCG) rescued/intercepted 14,249 refugees and migrants … during 109 operations. On 26 October, 93 refugees and migrants were disembarked at the Tripoli Naval Base, the majority of whom were from Sudan, Bangladesh, South Sudan, Somalia and Mali. Overall in October, 351 refugees and migrants were disembarked in Libya, which marks a 45 per cent decrease in comparison with previous months (713 individuals in September and 552 individuals in August).”

Tunisian president rejects idea of EU disembarkation centres

Tunisian President, Beji Caid Essebsi, said opening refugee reception centres in countries such as Tunisia was “out of the question.”

ICC Chief Prosecutor said her office continues to collect evidence of alleged crimes committed against migrants transiting through Libya

Fatou Bensouda, the Chief Prosecutor of the International Criminal Court, told the UN Security Council that “her office continues to monitor criminal conduct carried out by members of armed groups in Libya who use violence to exert control over State institutions, commit serious human rights violations and exploit detainees in unregulated prisons and places of detention throughout the country.  She added that she hopes to soon be able to apply for new arrest warrants for such crimes.   She also, she said, continued to receive evidence of alleged crimes committed against migrants transiting through Libya, including killings, sexual violence, torture and enslavement.”

The last NGO migrant rescue ship again loses its flag and cannot sail

Italy is again close to its goal of eliminating NGO rescue vessels in the Mediterranean.  From the Guardian: “Last private search vessel in the Mediterranean unable to sail, with campaigners blaming pressure from Italian government. A desperate search is under way for a country willing to issue a flag to the Aquarius, the last civilian migrant rescue ship operational in the Mediterranean, after its Panamanian flag officially expired this week.  The Aquarius is unable to sail without a flag and is now grounded in Marseilles, starting an effective blackout across the Mediterranean, with no vessels aside from the Libyan coastguard conducting search and rescue operations.  ‘We are in a race against time to find another state willing to issue a flag to the Aquarius,’ said Sophie Beau, co-founder of SOS Méditerranée, the organisation operating the vessel alongside Médecins Sans Frontières (MSF)….”

Italian prosecutor orders probe into claim that US navy ship failed to rescue migrant boat

From AFP: “According to La Repubblica newspaper, the prosecutor for the city of Raguse in Sicily had asked investigators to ‘look deeper’ into claims by survivors that the USS Trenton had sailed past their rubber dinghy when it was still afloat on June 12….The dinghy capsized off the coast of Libya with about 118 people on board. It was the same navy ship, the USS Trenton, which later saved 42 of those in the water, survivors have claimed.”  See video of interviews with survivors here.

Morocco imposes new visa rules to deter EU-bound migrants

From Africa Times and Reuters: “The Government of Morocco, under pressure to stem the tide of African migrants crossing into Spain, has established new entry visa rules for travelers from some African nations. Reuters reports that the new requirements apply in up to seven countries that have historically had no visa requirement to visit Morocco. Neighboring Algeria and Tunisia are exceptions to a rule that requires people to fill out an online form at least four days before their trip. Morocco has cracked down on migrants seeking to cross the Mediterranean Sea on routes that keep moving west, after first Turkey and Greece, and then Libya, sealed off routes to Europe….”

REACH and Mercy Corps Report: “Tunisia, country of destination and transit for sub-Saharan African migrants”

By REACH in partnership with Mercy Corps: “Summary – Since the early 2000s the number of sub-Saharan migrants in Tunisia has been increasing. Official statistics show that between 2004 and 2014 the number of non-Tunisian nationals residing in Tunisia increased by 66%, passing from 35,192 to 53,490 individuals. This excludes, however, the more than 10,000 sub-Saharan migrants in an irregular situation estimated to be living in the country, on whom no reliable and up-to-date statistics are available. Furthermore, between 2016 and 2017 the number of sub-Saharan nationals who were apprehended off the Tunisian coast in an attempt to reach Europe by boat rose from 71 to 271 individuals. While figures on sub-Saharan African apprehensions have remained low overall, the question has arisen whether Tunisia is becoming an increasingly popular destination and transit country for sub-Saharan migrants in the North African region, especially considering the recent developments in Libya and the increase in irregular departures of sub-Saharan and Tunisian migrants to Europe.  In response to the lack of information on sub-Saharan African migration to Tunisia and its most recent dynamics, REACH and Mercy Corps conducted the study ‘Tunisia, country of transit and destination for sub-Saharan African migrants’. Data collection activities took place from 9 August to 2 September 2018 in Tunis, Sfax and Medenine, known for being the three main migration hubs in Tunisia for sub-Saharan migrants. The report also contains reference to data collected by the Mixed Migration Monitoring Mechanism Initiative (4Mi) in 2017 in Tunisia and analysed by REACH. The study aims to analyse the following dimensions of sub-Saharan migration to Tunisia: (1) migration drivers, (2) routes, (3) protection risks faced while en route and (4) living conditions in Tunisia, as well as (5) migratory intentions and (6) mobility to and from Tunisia’s neighbouring countries of sub-Saharan African migrants.”

Statewatch Analysis by Tony Bunyan “From the ‘carrot and stick’ to the ‘stick’ From GAMM (2005) to ‘Partnership Frame works’ (2016) in Africa”

Statewatch Analysis. Nov. 2018: “The EU has finally lost patience with a decade-long approach based on dialogue with countries in Africa calling for the return and readmission of refugees. Under plans adopted by the European Commission on 7 June 2106 the EU is explicitly seeking to exploit Member States’ historical neo-colonial links to try to contain the movement of migrants and refugees….”

EC Migration & Home Affairs: EMN Bulletin, 26 Oct, Latest EU and national developments on migration and asylum (July – Sept. 2018)

The EMN Bulletin provides policymakers and other practitioners with updates on recent migration and international protection policy developments at EU and national level.     1. General policy developments; 2. Implementation of the Common European Asylum System; 3. Unaccompanied Minors and Vulnerable Groups; 4. Legal migration and Integration; 5. Management of EU external borders; 6. Irregular migration and return; 7. Actions Addressing Trafficking in Human Beings; 8. External dimension; Annex on EU & Complementary Statistics, Additional information, other EMN outputs and upcoming events.

EASO publishes judicial analysis on asylum procedures and the principle of non-refoulement.

The analysis is primarily intended for use by members of courts and tribunals of EU Member States concerned with hearing appeals or conducting reviews of decisions on applications for international protection. It aims to provide a judicial analysis on asylum procedures and non-refoulement as primarily dealt with under the Asylum Procedures Directive 2013/32/EU (APD (recast)). It is intended to be of use both to those with little or no prior experience of adjudication in the field of international protection within the framework of the CEAS as well as to those who are experienced or specialist judges in the field. As such, it aims to be a useful point of reference for all members of courts and tribunals concerned with issues related to asylum procedures and non-refoulement. The structure, format and content have, therefore, been developed with this broad audience in mind. Moreover, it is hoped that it will contribute to ‘horizontal judicial dialogue’.”

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Week in Review – 28 October 2018

The death toll

IOM:  Mediterranean Migrant Arrivals Reach 95,909 in 2018; Deaths Reach 1,969

2018 Migrant Deaths in Western Mediterranean More than Double those Recorded in 2017

IOM’s Missing Migrants Project (MMP) team estimates that since the beginning of 2018, 547 people are estimated to have died in the Western Mediterranean / Alboran Sea.  This is more than double the 224 deaths documented in all of 2017.  The Andalusian Association for Human Rights has documented the deaths of over 6,000 people on this route since 1997.  Frank Laczko, Director of IOM’s Data Analysis Centre, “noted, ‘the increase in recorded deaths in 2018 is linked to the increase in attempted sea crossings from North Africa to Spain compared with the past five years, as well as the number of fatalities in each shipwreck.’ Of the 547 deaths and disappearances recorded so far in 2018, more than half (289) occurred in seven shipwrecks in which more than 20 people died or were lost at sea. Between 2014 and 2017, two or fewer such incidents were recorded each year.”

Junker: EU North African Disembarkation Camps “No Longer on the Agenda”

Reuters reported that “European Commission President Jean-Claude Juncker said on Friday [in Tunis] that a suggestion that the European Union might try to set up migrant camps in North Africa was no longer on the agenda. …In June, a summit of all EU leaders asked the Commission to study ways to set up ‘regional disembarkation platforms’ in North African countries, including Tunisia, for migrants rescued [i.e. intercepted] by European vessels in the Mediterranean….’This [proposal] is no longer on the agenda and never should have been,’ Juncker told a news conference in Tunis with Tunisian Prime Minister Youssef Chahed.”

Somali man returned to Libya under Italian policy sets himself on fire in Libyan detention centre

The Irish Times reported on “a Somali man [who] set himself on fire in a Libyan detention centre on Wednesday…  The man, who is in his late 20s, reportedly doused himself in petrol from a generator in the centre and lit it, after telling friends he had lost hope of being relocated to a safe country. … IOM spokesman Joel Millman said the detainee had set himself on fire as an ‘act of protest’. …This would be the eighth death in Triq al Sikka [detention] centre this year, according to [another] detainee. Tens of thousands of refugees and migrants have been returned to Libya since February 2017, when the country’s UN-backed government entered into a deal with Italy to prevent migration to Europe. Italian politicians have called the deal a success, because it has reduced the number of people arriving on their shores. However, for the men, women and children returned to Libya, the situation is bleak.”

Report that Morocco Exchanged Coast Guard Mediterranean Staff with Atlantic Staff in Effort to Disrupt Cooperation with Smuggling Organisations

The German tabloid Bild reported on a BND (German Federal Intelligence Service) report on smuggling operations in Morocco. The report noted that many African nationals are able to enter Morocco without visas.  And while in 2018, “Morocco claims to have prevented 54000 departures from the country, broken up 74 trafficker networks, confiscated 1900 boats, and brought charges against 230 traffickers …, [a]ccording to information available to the BND [certain smugglers] have connections with collaborators within the national authorities. …

Allegedly, the string pullers even receive information about the coast guards’ patrols for a bribe and can thus avoid them. That is why, this summer, the Moroccan government exchanged the coast guard staff in the Mediterranean with that in the Atlantic.”

Morocco Unleashes a Harsh Crackdown on Sub-Saharan Migrants

The New York Times and Voice of American reported on “a widespread crackdown [on] sub-Saharan migrants in Morocco [who] are facing arbitrary arrest, banishment to remote sections of the country and, lately, outright expulsion… Rights advocates contend that the raids, which government officials acknowledge, began in the summer and were coordinated with Spain and the European Union to stem the tide of migrants to the Continent.”

EU and Moroccan officials agreed last week on a $160 million emergency funding package, making the North African country the third largest recipient of EU funds earmarked for that purpose.  Much of that money will go to stepped up border security, according to Morocco’s chief government spokesman, Mustapha El Khalifi. About $50 million will be spent to secure the sea routes to Spain and the extensive desert borders with Algeria and Mauritania. Morocco says it already has 13,000 security personnel deployed to deal with the growing flow of migrants seeking to reach Spain.”

Statewatch Viewpoint by Yasha Maccanico: Morocco: Wherever EU immigration policy rears its ugly head, violence and abuses follow

Statewatch Viewpoint: “In the summer of 2018, after concerted efforts since 2014 by the EU and its Member States to block off the eastern (Turkey to Greece) and central (Tunisia and Libya to Italy) routes across the Mediterranean used by migrants and refugees to reach Europe, there was an increase in crossings using the western route (Morocco, and sometimes Algeria, to Spain). This was accompanied by an increase in deaths at sea and, in Morocco, extensive police operations to remove black African migrants from the north of the country, based on racial profiling and flagrant breaches of human rights….”

New Book: The Jungle: Calais’s Camps and Migrants (La Jungle de Calais) by Michel Agier

Available in November (en francais):  “For nearly two decades, the area surrounding the French port of Calais has been a temporary staging post for thousands of migrants and refugees hoping to cross the Channel to Britain. It achieved global attention when, at the height of the migrant crisis in 2015, all those living there were transferred to a single camp that became known as ‘the Jungle’. Until its dismantling in October 2016, this precarious site, intended to make its inhabitants as invisible as possible, was instead the focal point of international concern about the plight of migrants and refugees. This new book is the first full account of life inside the Jungle and its relation to the global migration crisis. Anthropologist Michel Agier and his colleagues use the particular circumstances of the Jungle, localized in space and time, to analyse broader changes under way in our societies, both locally and globally.”

Libyan Coast Guard Receives New Italian Patrol Boat and Visegrád Four States Promise EUR 35 million for Reinforcement of Libyan Coast Guard

Libya’s Coast Guard last week received its newest Italian-made patrol boat which according to the Libyan Coast Guard will be used “for patrols, surveillance, and combating illegal and unlicensed activities at sea.”

Last week the Visegrád Four states committed to using “EUR 35 million intended for North Africa for the reinforcement of the Libyan coast guard in order to stop the flow of illegal migration heading for Europe.”

EUBAM Libya and ICMPD sign MOU

A strategic Partnership Memorandum of Understanding between the European Union Border Assistance Mission in Libya (EUBAM) and the International Centre for Migration Policy Development (ICMPD) was signed to promote a long-term partnership in support of migration governance and integrated border management actions in Libya.”

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Junker: EU North African Disembarkation Camps “No Longer on the Agenda”

Reuters: “European Commission President Jean-Claude Juncker said on Friday that a suggestion that the European Union might try to set up migrant camps in North Africa was no longer on the agenda. …  [T]here has been little appetite in Africa [for the proposal] and EU officials have long questioned the legality and practicality of such camps — a view underlined in Juncker’s blunt reply. ‘This is no longer on the agenda and never should have been,’ Juncker told a news conference in Tunis with Tunisian Prime Minister Youssef Chahed.”

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Week in Review – 21 October 2018

The death toll

IOM:  Mediterranean Migrant Arrivals Reach 91,093 in 2018; Deaths Reach 1,852

Frontex: Overall migratory flows in September down by a third; no evidence of “shifting” migratory flows

Frontex reported last week that “in the first nine months of 2018, the number of irregular border crossings into the EU via the top four migratory routes fell by a third from a year ago to about 100,100, mainly because of lower migratory pressure on the Central Mediterranean route. In September, some 12,900 irregular crossings were detected on the main migratory routes into the EU, 21% fewer than in the same month of last year.” “For the third consecutive month, the Western Mediterranean migratory route accounted for half of all detections of illegal borders crossings into the EU. The number of migrants reaching Europe via this [Western] route reached nearly 6 500 in September, four times the number from the same month of last year.”

These numbers do not, however, suggest a shifting of the migration movement from the Central and Eastern Mediterranean routes to the Western Mediterranean route: “Nationals of Morocco, Guinea and Mali accounted for the highest number of irregular migrants crossing [the Western Mediterranean] route this year. People from sub-Saharan countries represented more than three-quarters of all detections in the Western Mediterranean.”  “Tunisians and Eritreans were the two most represented nationalities on [the Central Mediterranean] route, together accounting for more than one-third of all the detected migrants there. They were trailed by nationals of Sudan, Pakistan and Nigeria.” ‘The largest number of migrants on [Eastern Mediterranean] route so far this year were nationals of Syria and Iraq, although for the second consecutive month Afghans accounted for the most monthly arrivals.”

“Western Mediterranean- For the third consecutive month, the Western Mediterranean migratory route accounted for half of all detections of illegal borders crossings into the EU. The number of migrants reaching Europe via this route reached nearly 6 500 in September, four times the number from the same month of last year. In the first three quarters of 2018, there were some 35 500 irregular border crossings on the Western Mediterranean route, more than double the figure from the same period a year ago.”

“Eastern Mediterranean- In September, the number of irregular migrants taking the Eastern Mediterranean route stood at some 5 400, 25% less than in September 2017. But mainly because of a significant increase of irregular crossings in recent months on the land border with Turkey, the total number of migrants detected on the Eastern Mediterranean route in the first nine months of the year rose by 40% to around 40 300.”

“Central Mediterranean- The number of migrants arriving in Europe via the Central Mediterranean route in September fell to about 900, down 85% from September 2017. The total number of migrants detected on this route in the first three quarters of 2018 fell to roughly 20 900, 80% lower than a year ago.”

Libyan Coast Guard pull backs / interceptions reach 14,156; UNHCR evacuates 135 people from migrant detention centre

“As of 19 October, the Libyan Coast Guard (LCG) rescued/intercepted 14,156 refugees and migrants (9,801 men, 2,126 women and 1,373 children) at sea during 108 operations. So far in 2018, the LCG recovered 99 bodies from the sea. The majority of individuals disembarked in Libya comprised Sudanese (1,847 individuals), Nigerians (1,832 individuals) and Eritreans (1,542 individuals).”  After interception, refugees and migrants are transferred to detention centres. “UNHCR continues to advocate for the release of all of its persons of concern from detention and for alternatives to detention. The situation in Zintan detention centre remains dire, with a partially broken sewage system and very limited access to potable water. The centre holds 1,350 refugees and migrants.”

“On 16 October, UNHCR evacuated 135 vulnerable refugees and asylum-seekers (127 men, four women and four children) from Tripoli to UNHCR’s Emergency Transit Mechanism (ETM) in Niger. The group included Eritrean, Ethiopian, Somali and Sudanese nationals. This is the first evacuation to take place since June 2018 [ ]” and occurred “amidst an increasingly volatile security situation in Tripoli…  Many of the evacuated had been held in detention centres for several months and were suffering from the effects of malnutrition and poor health.”

European Council conclusions on migration, 18 October 2018

The European Council’s 18 October meeting concluded without any decisions regarding previously discussed “disembarkation platforms” in North Africa and without and statement regarding the proposed expanded mandate of the European Border and Coast Guard Agency.  A list of non-specific conclusions was agreed to included:

  • Strengthen “cooperation with countries of origin and transit, particularly in North Africa, as part of a broader partnership”;
  • Step-up “the fight against people-smuggling networks”;
  • Intensify “work with third countries on investigating, apprehending and prosecuting smugglers and traffickers”;
  • Establish a joint task force “at Europol’s European Migrant Smuggling Centre”;
  • Improve monitoring and disruption efforts directed at “smuggling networks’ online communications”;
  • “Develop a comprehensive and operational set of measures to this end by December”.

Full document here.

See also, Reuters, “EU moves closer to overcoming migration feud” and Washington Post, “EU looks to African nations, border control to stop migrants”.

Libyan FM Siala says all North African countries reject EU proposal for “regional disembarkation platforms”

Libyan Foreign Minister Mohamed Al-Taher Siala, Foreign Minister of the UN-backed Libyan Government of National Accord, said “Libya and its north African neighbors are opposed to the EU’s plan for “regional disembarkation platforms” to stem the flow of migrants entering the bloc… All north African countries reject this proposal — Tunisia, Algeria, Morocco and Libya, as well,” Siala told the Die Presse newspaper. “Siala estimated that around 30,000 illegal migrants were currently held in detention centers in Libya “and around 750,000 outside.” “Mr Siala said Libya was trying to improve security along its southern border by striking agreements with Chad, Niger and Sudan. He said the EU could also help protect that border by providing technical support such as patrol vehicles, ‘drones, helicopters and perhaps a few light weapons’.”

EU Foreign Affairs Council credits EUNAVFOR MED and EU cooperation with IOM and UNHCR with significant decrease in irregular migration 

The EU Foreign Affairs Council concluded its 15 October meeting crediting EUNAVFOR MED and cooperation with IOM and UNHCR with significantly decreasing irregular migration flows to Europe: “The Council emphasised the significant results delivered through the joint efforts of the EU, its member states and UN agencies. Irregular migration flows to Europe have been significantly decreased, and efforts to better tackle irregular migration and to fight smuggling networks have been considerably strengthened in particular through Operation Sophia. Significant EU funding is also being allocated under a wide range of instruments to projects in countries of origin and transit. Over the past three years the EU Emergency trust fund for Africa has in particular demonstrated its added value as a swift and effective implementation tool in view of addressing the root causes of instability,  forced  displacement  and  irregular  migration  and  to  contribute  to  good  migration management.”

UNHCR and IOM appeal to EU leaders to tackle Mediterranean deaths

In advance of last week’s European Council meeting, the UNHCR and IOM called on the EU “to urgently take steps to address this year’s record rate of drownings on the Mediterranean Sea.”  “The leaders of the two organizations warn that political discourse concerning refugees and migrants, particularly those arriving by boat, has become dangerously toxic in some countries, even at a time when arrivals to Europe are declining. This narrative is stoking unnecessary fears, making it harder for countries to work together and blocking progress towards solutions.”

“The current tenor of the political debate – painting a picture of Europe under siege – is not only unhelpful but completely out of touch with reality,” said UN High Commissioner for Refugees Filippo Grandi. “Arrival numbers are falling but the rate at which people are losing their lives is on the rise. We cannot forget that we are talking about human lives. Debate is welcome – scapegoating refugees and migrants for political gain is not.”

EUNAVFOR MED Pilot Project – Shipboard Anti-Crime Information Cell established to gather cross-border information re smuggling, trafficking, and terrorism

EUNAVFOR MED activated an “anti-crime information cell” on board the Italian ship San Giusto as part of the EUNAVFOR MED Sophia operation. The project’s trial period will last six months.  “The anti-crime information cell can facilitate the gathering and transfer of information about illegal people trafficking, implementing an embargo  on UN weapons in Libya, the illegal exporting of petroleum from Libya in accordance with UNSCR  2146 (2014) and 2362 (2017), as well as criminal activity related to the security of the operation itself. The participation of Frontex in the anti-crime information cell will serve to develop global intelligence unit for illegal people trafficking and other types of cross-border criminal activities, including terrorism.”

Danish Refugee Council calls for urgent change to the EU’s external migration practices

EU-Libya migration cooperation: Shipwrecked values of humanity: “The Danish Refugee Council calls for an urgent change to the EU’s external migration cooperation in the Central Mediterranean and beyond from policies that focus on securitizing borders to policies that prioritize saving lives; provide effective protection and safe migratory pathways to people on the move; and contribute rather than undermine the long-term goal of stability and prosperity in the Mediterranean.”

Global Detention Project investigation into the role of social media in the context of migration control. “Why Would You Go?”

Part II of the Global Detention Project’s Special Series investigates how new information and communications technologies are used during irregular migration. Featuring on-the-ground reports, the paper examines the diverse ways migrants and refugees put social media to use during their journeys and helps address gaps in current literature regarding the role of digital platforms in contemporary migration contexts.”

“A key finding is that usage of digital tools is far more varied than the extant literature generally reports. Indeed, varying factors including socio-economics, nationality, and smuggling modus operandi considerably affect the use of such resources. Many sources, for example, emphasised the importance of community and diaspora networks during the various stages of their journeys and downplayed the role of social media and smartphones, which were often barely used—and sometimes not at all.”

Part I of the Special Series appeared earlier this year: “A migrant essential or a criminal marketplace? Since the “refugee crisis” exploded across the international media and political landscapes, the role of social media has been repeatedly dissected, argued over, and—more often than not—misunderstood. Although officials and politicians often present new digital platforms as security threats that enable traffickers and illicit enterprises, these technologies also have played a critically important role in aiding refugees, asylum seekers, and migrants in need. They help people connect to the outside world from inside detention centres, provide desperately needed information about sources of humanitarian assistance, and enable the creation of digital communities that give migrants and their loved ones’ agency to proactively search out solutions.”

“This [initial] Global Detention Project Special Report is aimed at improving our understanding of how people use social media during their migration journeys, with a special emphasis on their use in the context of detention and migration control in North Africa and the Mediterranean. Part I, “Exposing the ‘Crisis,’” charts the historical relationship between migration and social media, reviewing the various tech responses to the “crisis” and highlighting the importance of human-centred design of new technologies. Two subsequent installments in this series will include on-the-ground reports of the diverse ways people put social media to use during their migration journeys and provide recommendations for human rights practitioners who wish to harness social media in ways that emphasise harm-reduction.”

Migrants who landed on Spain’s North African Chafarinas Islands to be returned to Morocco

EFE reported that “Morocco will admit in the next hours part of the thirty immigrants arrived [last week] in a boat to the Chafarinas Islands, in application of the readmission agreement signed in 1992 between [Spain] and [Morocco].  As reported by the Government Delegation in Melilla, the immigrants “will be readmitted by Morocco in the next few hours in application of the Treaty of Islands and Peñones signed between the Governments of Spain and Morocco in 1992. … With this decision, the Government follows the same pattern as in the last boat that arrived in Chafarinas on June 17, in which 13 immigrants were traveling, of which eight passed to the Moroccan authorities in application of the readmission agreement that exists between Spain and Morocco of 1992.”

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European Council conclusions on migration, 18 October 2018

Yesterday’s European Council conclusions did not include any mention of “disembarkation platforms” in North Africa or address any specifics regarding an expanded mandate of the European Border and Coast Guard Agency.  Instead, a list of non-specific conclusions was agreed to.  Agreed points included:

  • Strengthen “cooperation with countries of origin and transit, particularly in North Africa, as part of a broader partnership”;
  • Step-up “the fight against people-smuggling networks”;
  • Intensify “work with third countries on investigating, apprehending and prosecuting smugglers and traffickers”;
  • Establish a joint task force “at Europol’s European Migrant Smuggling Centre”;
  • Improve monitoring and disruption efforts directed at “smuggling networks’ online communications”;
  • “Develop a comprehensive and operational set of measures to this end by December”.

Full document here.

See also, Reuters, “EU moves closer to overcoming migration feud” and Washington Post, “EU looks to African nations, border control to stop migrants”.

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Week in Review– 14 October 2018

The death toll

IOM:  Mediterranean Migrant Arrivals Reach 88,049 in 2018; Deaths Reach 1,783

Libyan Coast Guard pull backs / interceptions exceed 14,000 and are increasing in frequency

According to UNHCR, Libyan Coast Guard (LCG) Pull Backs reached 14,156 as of 11 October. Interceptions are increasing in October (884 as of 11 Oct.) compared to August (552) and September (1,265). “So far in 2018, the LCG recovered 99 bodies from the sea.”

Discussions continue regarding expanded mandate of European Border and Coast Guard Agency (FRONTEX)

In September the European Commission proposed a new and greatly expanded mandate for the European Border and Coast Guard Agency. The proposal includes an expansion of the standing corps to FRONTEX to 10,000 operational staff, encompassing the European Border Surveillance System (EUROSUR) into the Agency’s frame, and giving the Agency a wider scope for action with countries that are not neighbouring countries. It was decided at last week’s Justice and Home Affairs Council Meeting to continue work on the proposal at the “technical level.” “[S]everal ministers mentioned the need to take a practical approach, by firstly looking at the supporting tasks to be carried out by the agency to respond to operational needs, taking account of national responsibility. On this basis, the question of structure and size of the staff, as well as the budget and timing could then be approached.”

For analysis, see “The next phase of the European Border and Coast Guard: towards operational effectiveness” in EU Law Analysis by Mariana Gkliati, PhD researcher at Leiden University.

EUNAVFOR MED continues training of Libyan Coast Guard and Navy personnel

EUNAVFOR MED launched a new training module for 69 Libyan trainees at the Italian Navy Training Centre in La Maddalena.  “The course, hosted by the Italian Navy, will last 8 weeks, and it will provide knowledge and training in relation to the general activity on board an off shore patrol vessel and lessons focused on Human Rights, Basic First Aid, Gender Policy and Basic English language.  Additionally, with the positive conclusion of these two courses, the threshold of 305 Libyan Coastguard and Navy personnel trained by EUNAVFOR Med will be reached. Moreover, further training modules are planned in Croatia and other EU member states in favour of a huge number of trainees. From October 2016, SOPHIA is fully involved in the training of the Libyan Coastguard and Navy; the aim of the training is to improve security of the Libyan territorial waters and the Libyan Coastguard and Navy ability to perform the duties in their territorial waters, with a strong focus on respect of human rights, including minors and women’s rights, and the correct handling of migrants in occasion of search and rescue activities to save lives at sea.”

For more background see Bruxelles 2 which notes, among other things, the slow 7-week vetting process to identify suitable Libyan candidates for training.

For second time in two weeks Moroccan navy opens fire on migrant boat

 A Moroccan Royal Navy vessel fired on a migrant boat last week wounding a 16-year old boy. The Moroccan Navy killed a woman two weeks ago in a similar incident.

 Also in Morocco, the Moroccan NGO El Grupo Antirracista de Acompañamiento y Defensa de Extranjeros y Migrantes (Gadem) denounced the forced transfer of 7,700 sub-Saharans to the south of the country.  According to Gadem, the forced displacements of migrants began in June and have not stopped.

 UN Special Rapporteur on the human rights of migrants criticises EU migration policies towards Niger

Felipe González Morales, UN Special Rapporteur on the human rights, issued a report at the conclusion of a recent visit to Niger: “Niger has become a major transit country for migrants travelling north and to the Mediterranean. More recently, especially since 2014, Niger has become a transit country for returnees, most of them expelled or forced to return, from Algeria and Libya. These returns have put a lot of pressure on Niger, which according to many interlocutors has become “a permanent transit centre” and “the Southern border of Europe” as a result of migration policies adopted in Niger and by third countries, with serious consequences for the human rights of migrants and questions as to their effectiveness and sustainability.”

“One of the main measures adopted by the national authorities in respect to migration is the Law concerning the illicit smuggling of migrants (Law No. 2015-36) of 26 May 2015. According to official authorities and IOM data, since its implementation in 2016 the number of migrants who migrate north to Algeria, Libya and the Mediterranean has significantly decreased (e.g. from 333,891 in 2016 to 43,380 in 2018, according to IOM data based on monitoring trends in Arlit and Seguedine). While IOM data suggests that onward movement to North Africa may have slowed down, it does not reflect the number of people who still move on shifting routes as a consequence of tighter controls that lead migrants to move around data collection points.”

“In reality, the implementation of the law has resulted in a de facto ban of all travel north of Agadez, e.g. in violation of the freedom of movement of ECOWAS nationals. Further, the lack of clarity of the law and its implementation as a repressive – instead of protection – measure has resulted in the criminalization of all migration upwards and has pushed migrants into hiding, which renders them more vulnerable to abuse and human rights violations.”

“Indeed, according to various sources, the law has not stopped or decreased migration, but instead it has pushed it underground and diverted the migration routes from Niger to the north through Chad and Sudan, or to the Western Mediterranean route.”

“Role of the international donors and in particular the EU – Although key state officials stressed that the objective of reducing migration towards the north is mainly a national policy decision, there is a need to highlight the role and the responsibility of the international community and donors in this respect. Indeed, several sources stated that Nigerien policy on migration is heavily influenced and pushed primarily by the demands of the European Union and its Member States to control migration in exchange for financial support. For instance, the fact that the European Union Trust Fund provides financial support to IOM largely to sensitize and return migrants to their countries of origin, even when the voluntariness in many cases is questionable, compromises its rights-based approach to development cooperation. In addition, from my exchange with the European Union, no support is foreseen for those migrants who are neither refugees nor have agreed to be voluntarily returned to their countries of origin. Furthermore, the EU’s role and support in the adoption and implementation of the law on illicit smuggling of migrants calls into question its ‘do no harm’ principle given the human rights concerns related to the implementation and enforcement of the law.”

“Preliminary Recommendations: To the European Union and its Member States:

  • Integrate rigorous human rights, due diligence, monitoring and oversight mechanisms into all external agreements and initiatives abroad and prioritize projects in Niger that will improve the human rights of migrants;
  • Fully recognize the push and pull factors of irregular migration, and the EU’s responsibility in managing and mitigating them;
  • Take a global leadership role whenever needed in relation to humanitarian and human rights crises and reduce the market for smugglers by increasing, in cooperation with other States, resettlement opportunities;
  • Develop and incentivize other regular and safe migration channels, including for workers with varying skills levels, and look at a variety of options for legal migration, such as humanitarian admission, humanitarian visas, temporary protection, family reunification, economic admissions at all skills levels, as well as for job seeking, student mobility and medical evacuation; and increase the number of migrants admitted under existing regular migration schemes;
  • All EU programs, policies and technical assistance to Niger concerning migration should further the realization of human rights for all migrants, including those that are neither refugees, asylum seekers or AVR applicants, in compliance with international human rights norms and standards.”

2018 migrant arrivals to Spain now exceed 2006 arrivals and the so-called year of the “Crisis of the Cayucos”

“So far this year, 40,209 people have arrived in Spain…”  “The figure exceeds for the first time the one recorded in 2006, when 39,180 people reached the Spanish coast in the so-called ‘crisis of the cayucos.’”

Spain has recently urged the EU to honor its promise to grant Morocco financial aid amounting to €30 million to help curb illegal migration. Earlier in August, EU Commission chief Jean-Claude Juncker promised to release €55 million from the emergency fund to help Morocco and Spain tackle the rise of illegal migration in the Western Mediterranean.

In July, the EU agreed to spend €55 million ($64 million) to help Tunisia and Morocco manage their frontiers. However, none of these promises have been upheld yet as Spain has indeed overtaken Greece and Italy this year with more than 43,000 arrivals mostly through dinghies from Morocco.”

Greece criticizes Turkey for surge in migrant flows via land border

“Athens has lodged complaints with the European Commission and Ankara over the ‘relaxed stance’ of Turkish authorities.”  “Over 11,000 migrants have crossed into Greece through Evros so far in 2018, compared with 5,500 in 2017 and 3,000 in 2016, Migration Policy minister Dimitris Vitsas told local ANT1 TV.”

PBS: Libyan coast remains fertile for ISIS and migrant traffickers

US broadcaster PBS: “Less than two years after Libya with American forces regained control of its coast from Islamic State fighters, the most potent affiliate outside of Iraq and Syria, law enforcement and U.S. policymakers worry about a resurgence.”

EASO: Asylum applications remain stable in the EU throughout summer months

Analysis carried out by the European Asylum Support Office (EASO), based on data exchanged by EU+ Member States, reveals that this year, applications for asylum did not increase during the summer months.”  “The main countries of origin of applicants in August were Syria, Iraq, Afghanistan, Turkey and Iran. With the exception of Syrians, all these nationalities lodged more applications for asylum than in July. In particular, nationals of Iraq lodged the most applications (4 020, + 12 % from July) so far in 2018, while levels of applications from Afghan nationals (4 010, – 8 % from July) were also considerable, dropping slightly from July. Turkish nationals continued to lodge a considerable number of applications (2 750, – 4 % from July). Similarly, applications from Iranian nationals rose sharply (2 460, + 19 %), reaching the highest level in almost two years.

In contrast, nationals of several Western African countries lodged fewer applications (between 25 % and 69 %) compared to a year earlier. This contrasts to trends in the past four years, when asylum-related migration from this region tended to rise over the summer months.”

UNHCR urges Australia to evacuate off-shore facilities as health situation deteriorates

UNHCR, the UN Refugee Agency, is urging immediate action by the Government of Australia to address a collapsing health situation among refugees and asylum-seekers at off-shore facilities in Papua New Guinea and Nauru. Australia remains responsible under International Law for those who have sought its protection. In the context of deteriorating health and reduced medical care, Australia must now act to prevent further tragedy to those forcibly transferred under its so-called “offshore processing” policy. UNHCR renews its call for refugees and asylum-seekers to be moved immediately to Australia, where they can receive adequate support and care.”

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Week in Review– 7 October 2018

Italy’s migration deterrence policies under Salvini sharply increase deaths at sea

New ISPI Commentary by Matteo Villa: “Sea Arrivals to Italy: The Cost of Deterrence Policies”: “We can now compare the two periods of [Italian migration] deterrence policies, moving from [former Interior Minister Marco] Minniti to [current Interior Minister Matteo] Salvini. [T]hese two periods show very different trends, in particular with regards to the number of dead or missing at sea. The period of Minniti policies coincided with a drop in migrants dead or missing at sea that was more or less in line with the drop in irregular sea arrivals to Italy. On the other hand, the period of Salvini policies was marked by a further decrease in sea arrivals (-48%), but also by a sharp increase in the number of dead or missing at sea (+147%, i.e. more than double the previous period). [***] To conclude, Salvini policies of further deterrence at sea have coincided with a drop in arrivals of around 28,000 units, which is equivalent to less than 20% if compared to the drop of 150,000 arrivals recorded during the Minniti period. At the same time, Salvini policies coincided with a strong increase in the number of migrants dying or going missing at sea, which reversed the previous declining trend. When evaluating public policies, it is important to consider the opportunity-cost of each decision. Four months after the tightening on sea rescues, in the light of the numbers available, the usefulness of deterrence policies appears questionable to say the least, when a relatively modest reduction in sea arrivals in Italy, has coincided with a sharp increase in the number of dead or missing.”

UN Security Council renews authorisation for inspection of vessels on high seas off Libya

Pursuant to Resolution 2437 (2018), adopted on 3 October 2018, the Council renewed the authorisation for member states to inspect vessels on the high seas off the coast of Libya that they have reasonable grounds to suspect are being used for migrant smuggling or human trafficking: The Council “…. Decides, for a further period of twelve months from the date of adoption of this resolution, to renew the authorisations as set out in paragraphs 7, 8, 9 and 10 of resolution 2240 (2015),reaffirms paragraph 11 thereof and otherwise reiterates its resolutions 2240 (2015), 2312 (2106) and 2380 (2017) and its Presidential Statement S/PRST/2015/25;…”

Libyan Coast Guard pull backs / interceptions in 2018 near 14,000

Per the UNHCR, as of 4 October, “the Libyan Coast Guard rescued/intercepted 13,898 refugees and migrants (9,560 men, 2,118 women and 1,364 children) at sea during 104 operations. This is an increase of 12.3% compared to the same period in 2017. Since the beginning of the year, 99 bodies were recovered in Libyan waters while 608 lives were lost at sea. Most of the individuals disembarked [in Libya] were Nigerian (1,830 individuals), Sudanese (1,765 individuals) and Eritrean (1,532 individuals).”

2018 migrant arrivals to Spain exceed arrival totals for 2015, 2016, 2017 combined

According to IOM, as of 28 September 2018, “total land and sea arrivals in the first nine months of this year have surpassed the arrival totals of 2015, 2016 and 2017 combined, but signalled that despite the higher number of arrivals the situation remains manageable. Migrant arrivals to Spain via the Western Mediterranean and Western African routes have reached a total of 36,654 this year. Another 4,820 migrants reached the Spanish enclaves of Ceuta and Melilla by land. Sea arrivals to Spain currently account for 45 per cent of all Mediterranean arrivals this year given the reduced numbers of migrants arriving in Italy and Greece by sea….”

Moroccan FM reiterates Morocco’s refusal to host EU “disembarkation platforms”

Reported by DW: Morocco’s foreign minister Nasser Bourita said “‘Morocco is generally opposed to all kinds of centers. That is part of our migration policy and a national sovereign position … [it is] too easy to say that this is a Moroccan issue.’ ‘Migration comprises three percent of the world’s population, 80 percent of which is legal … So we are only talking about 20 percent of these three per cent.’ ‘Are we real partners or just a neighbor you’re afraid of?’ questioning Europe’s attitude towards Morocco. ‘The EU can’t ask Morocco to help with migration and the fight against terrorism and treat the country like an object.’”  Government spokesman Mustapha El Khalfi reiterated Morocco’s categorical refusal to host disembarkation platforms: “The creation of reception centres for migrants is only an attempt to externalize the problem and is not a solution.”

Dwindling search and rescue capabilities in the Med

UNHCR expresses concern over lack of search and rescue capabilities in the Mediterranean: “This time last year, five NGOs were conducting search and rescue operations on the Central Mediterranean. In 2017, NGOs saved over 46, 000 lives according to the Italian Coast Guard. The de-registration of the Aquarius is deeply worrying and would represent a dramatic reduction of search and rescue capacity at precisely the moment when it needs to be stepped up.” “UNHCR continues to call strongly for increasing search and rescue capacity in the Central Mediterranean and for leaving space for NGOs to contribute in a coordinated manner to these efforts. This is a collective responsibility, with saving lives as its primary concern.”

The death toll

IOM: Mediterranean Migrant Arrivals Reach 84,345 in 2018; Deaths Reach 1,777

Egypt, immigration detention, human rights abuses, and also an important EU partner

The Global Detention Project released an Egypt Country Report: “Immigration Detention in Egypt: Military Tribunals, Human Rights, Abysmal Conditions, and EU Partner” reporting on, among things, “intensified EU-Egyptian cooperation in ‘migration management,’ leading to a comprehensive crackdown on irregular migration on Egypt’s north coast.”

EU migration control policies enrich Libyan militias

The EUObserver reported on how on how “Libyan militia cash in on EU’s anti-smuggling strategy”. “Senior officials at the UN refugee agency (UNHCR) and the International Organization for Migration (IOM) have all shed doubt on some aspects of the EU’s grand anti-business smuggler plan, issued in mid-2015. ‘When we say we want to disrupt the smuggler business model, we talk about destroying boats in Libya, we talk about destroying the boats, all this makes the smuggler richer,’ Eugenio Ambrosi, the IOM’s EU regional director told this website.”

Deplorable conditions in EU’s largest refugee camp

Patrick Kingsley, now with the New York Times, formerly with The Guardian (and author of The New Odyssey: The Story of Europe’s Refugee Crisis, 2016), writes in depth on the deplorable conditions in Camp Moira, the EU’s biggest refugee camp on the Greek island of Lesbos – ‘a camp of around 9,000 people living in a space designed for just 3,100, where squalid conditions and an inscrutable asylum process have led to what aid groups describe as a mental health crisis.”

Royal Moroccan Navy opens fire on migrant boat

Samia Errazzouki, a former journalist and current PhD student at the University of California at Davis, writes about the killing of Hayat Belkacem who was killed when the Royal Moroccan Navy open fire on a migrant boat trying to reach Spain. Errazzouki writes about the dissent and disenchantment in Morocco pushing many people to risk the journey to Europe.

Dozens dead in shipwreck in Moroccan waters – Moroccan authorities reportedly delayed rescue efforts

At least 34 refugees died in a shipwreck in the western Mediterranean.  Salvamento Marítimo de España reportedly the alert and offered collaboration to Morocco “no response was received” from Moroccan authorities. The boat and survivors drifted for 24 hours.

60 dead in boat accident off West Africa

The Guinea-Bissau coast guard commander reported that up to sixty people drowned after their boat sank.  The boat was believed to be trying to reach the Canary Islands.

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FRONTEX to launch new mission in Central Mediterranean – increased efforts to identify terrorists on migrant boats; Operation Themis to replace Triton

FRONTEX announced on 31 January that it is launching Joint Operation Themis effective 1 February.  Themis replaces Joint Operation Triton in effect since 2014.  The FRONTEX press statement does not provide many details as to what will change under JO Themis, though the FRONTEX statement says that “[t]he security component of Operation Themis will include collection of intelligence and other steps aimed at detecting foreign fighters and other terrorist threats at the external borders.”

Media reports also state that there will be an enhanced focus by FRONTEX on efforts to identify terrorists posing as boat refugees or migrants.  If this is a major new focus, one has to wonder whether this may be a solution in search of a problem.

The FRONTEX statement quotes FRONTEX director Leggeri as saying that “[w]e need to be better equipped to prevent criminal groups that try to enter the EU undetected. This is crucial for the internal security of the European Union.”  The Telegraph reported that “[t]he new naval operation in the Mediterranean was announced as it was claimed that up to 50 Islamic State fighters crossed the Mediterranean by boat from Tunisia and landed in Italy last year with the intention of carrying out terrorist attacks in Europe. The Guardian reported that Interpol drew up a list of suspected ISIL extremists who are believed to have arrived on the coast of Sicily between July and October last year. The list was reportedly sent by Interpol to the Italian interior ministry in November. Italian authorities and security experts were skeptical about the report, however. … Some Italian security analysts were doubtful about the story. ‘Terrorists never arrive in migrant boats – no serious terrorist organisation would take the risk of putting their trained people on board an unsafe boat which risks capsizing when hit by the first big wave,’ Andrea Margelletti, president of the Centre for International Studies, told the Italian news agency Adnkronos….”

FRONTEX Press Statement:

Frontex, the European Border and Coast Guard Agency, is launching a new operation in the Central Mediterranean to assist Italy in border control activities.

The new Joint Operation Themis will begin on 1 February and will replace operation Triton, which was launched in 2014. Operation Themis will continue to include search and rescue as a crucial component. At the same time, the new operation will have an enhanced law enforcement focus. Its operational area will span the Central Mediterranean Sea from waters covering flows from Algeria, Tunisia, Libya, Egypt, Turkey and Albania.

Operation Themis will better reflect the changing patterns of migration, as well as cross border crime. Frontex will also assist Italy in tracking down criminal activities, such as drug smuggling across the Adriatic,” said Frontex Executive Director Fabrice Leggeri.

The security component of Operation Themis will include collection of intelligence and other steps aimed at detecting foreign fighters and other terrorist threats at the external borders.

“We need to be better equipped to prevent criminal groups that try to enter the EU undetected. This is crucial for the internal security of the European Union,” Leggeri said.

As part of Operation Themis, Frontex will continue its presence in the hotspots in Italy, where officers deployed by the agency will assist the national authorities in registering migrants, including taking their fingerprints and confirming their nationalities.

Frontex vessels will continue search and rescue operations under the coordination of the responsible Maritime Rescue Coordination Centres. Last year, Frontex assisted in the rescue of 38 000 people at sea in operations in Italy, Greece and Spain.

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MSF operational update: Central Mediterranean & Libyan Operations: “It is not possible to provide meaningful medical care in a system of arbitrary detention that causes harm and suffering.”

MSF’s 29 January 2018 operational update.

Some key points:

  • The number of detainees [in Libyan detention centres] went down in December [2017] when thousands of people were mass repatriated to their countries of origin by the International Organisation for Migration (IOM).
  • The majority of physical and mental health problems requiring medical assistance still directly relate to the substandard conditions of detention.
  • It is not possible to provide meaningful medical care in a system of arbitrary detention that causes harm and suffering.
  • Italian ships have been deployed in Libyan territorial waters as part of a broader European strategy to seal off the coast of Libya and “contain” refugees, asylum-seekers and migrants in a country where they are exposed to extreme and widespread violence and exploitation.
  • The MSF team onboard Aquarius witnessed refugees and migrants aboard unseaworthy vessels being intercepted by the Libyan Coastguard in international waters as EU military assets at the scene looked on.
  • Although these interceptions are presented as “rescue operations” and are celebrated by the Libyan Coastguard and their EU partners, the reality is that migrants and refugees are not being returned to a port of safety.
  • [T]here are several entities operating along Libya’s vast coastline that claim to be the Libyan Coastguard. Contact points on land and at sea were unclear, as was the chain of command.

Excerpts from MSF operational update:

Libya: dismal conditions in detention centres hinders medical treatment

In Tripoli, a huge increase in the number of people detained in October and November [2017] resulted in extreme overcrowding and a dramatic deterioration of conditions inside the capital’s detention centres. In some locations, up to 2,000 men were crammed together in one cell without enough floor space to lie down. … From September to December 2017 the MSF team treated over 76 people for violence-related injuries including broken limbs, electrical burns and gunshot wounds.

Under these circumstances, the impact of MSF’s medical work was minimal. The team was able to help only a small percentage of all those in need of urgent treatment and it was not possible to follow up medical cases. … Most medical complaints were related to the conditions of detention, with overcrowding and inadequate latrine and drinking water provision resulting in acute upper respiratory tract infections, musculoskeletal pain and acute watery diarrhoea. …

The number of detainees went down in December [2017] when thousands of people were mass repatriated to their countries of origin by the International Organisation for Migration (IOM). Conditions inside detention centres in Tripoli improved and there was less mistreatment and violence against patients. In the detention centres that MSF visits, teams are now able to access cells to provide medical care to refugees and migrants that remain in arbitrary detention. The majority of physical and mental health problems requiring medical assistance still directly relate to the substandard conditions of detention.

Few international organisations are able to work in Libya due to widespread violence and insecurity. Those who do – including MSF – do not have full and unhindered access to all detention centres where refugees and migrants are being held. It is not possible to provide meaningful medical care in a system of arbitrary detention that causes harm and suffering. An overwhelming number of detainees have already endured alarming levels of violence and exploitation in Libya, and during harrowing journeys from their home countries. As such, MSF reiterates its call for an end to the arbitrary detention of refugees, asylum-seekers and migrants in Libya.

Aquarius continues sea rescues as numbers attempting Mediterranean crossing fall

In the central Mediterranean, the number of refugees, asylum-seekers and migrants rescued at sea and brought to safety in Italy has fallen since last year. Aquarius, a dedicated search and rescue vessel run by MSF in cooperation with SOS MEDITERRANEE, rescued 3,645 people in the period September – December 2017. This is fewer people compared to the same period in 2016 when 5,608 people were brought to a port of safety in Italy.

The fall in numbers appears to be due to fewer boats leaving Libya. Reasons for this are unclear, though likely factors include the weather and political developments on the ground in Libya. There have been media reports that local militias are being paid off by Italy to prevent departures. Italian ships have been deployed in Libyan territorial waters as part of a broader European strategy to seal off the coast of Libya and “contain” refugees, asylum-seekers and migrants in a country where they are exposed to extreme and widespread violence and exploitation….

Unclear future for refugees amid challenging rescue environment for Aquarius

Carrying out search and rescue activities in the Mediterranean is becoming even more challenging and complex. People who manage to escape Libya are increasingly being turned back at sea with the EU-supported Libyan Coastguard active in international waters. The MSF team onboard Aquarius witnessed refugees and migrants aboard unseaworthy vessels being intercepted by the Libyan Coastguard in international waters as EU military assets at the scene looked on. On 31 October, 24 November and 8 December, Aquarius was instructed to standby and was forced to watch as hundreds of people were pushed back to Libya by the Libyan Coastguard.

Although these interceptions are presented as “rescue operations” and are celebrated by the Libyan Coastguard and their EU partners, the reality is that migrants and refugees are not being returned to a port of safety. The crimes committed against refugees and migrants in Libya are widely known and have generated international outrage. Under no circumstances should migrants and refugees aboard vessels in distress in international waters be returned to Libya, they must be brought to a port of safety.

In September, Aquarius was instructed to conduct three rescues in international waters under the coordination of the Libyan Coastguard. These unprecedented and highly unusual instructions from the Maritime Rescue Coordination Centre (MRCC) in Rome presented MSF with an impossible choice. Fortunately for each rescue, Aquarius was able to render the necessary assistance and took all rescued men, women and children to a port of safety in Italy. In that situation, it was not possible to verify who exactly was coordinating rescue operations as there are several entities operating along Libya’s vast coastline that claim to be the Libyan Coastguard. Contact points on land and at sea were unclear, as was the chain of command. As there have also been numerous violent incidents in recent months between the Libyan Coastguard and the few other remaining humanitarian organisations running dedicated search and rescue activities in the Mediterranean, the security of our team was paramount during these interactions.

It’s unclear what the future holds for refugees and migrants who find themselves along the Central Mediterranean route, but with Libya remaining riven by widespread violence and insecurity, with no unified government, a plethora of armed groups, and active fighting ongoing in several parts of the country, it does not look like an end to their suffering is in sight.

MSF operational update: Central Mediterranean here.

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Libyan Coast Guard Migrant Interceptions (“Pull-Backs”) Steadily Increasing

Per UNHCR, the number of migrants being intercepted and subject to forcible return to Libya by the Libyan Coast Guard is steadily increasing:

UNHCR Flash Update, 26 Jan. 2018 – So far in 2018, over 1,430 refugees and migrants were disembarked in Libya by the Libyan Coast Guard (LCG). In January 2018, UNHCR has observed an increase in numbers of rescue/interception operations conducted by the LCG when compared to the same month in 2017 (1,025 individuals) and previous months such as November (1,214 individuals) and December 2017 (1,157 individuals). During January, departures were predominantly recorded in the area east of Tripoli, near Garabulli, and to a lesser extent in areas around Sabratha and Zwara. UNHCR partner International Medical Corps provided medical assistance and distributed core relief items at disembarkation points and detention centres.

UNHCR Flash Update here.

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ECtHR chamber judgment in J.R. and Others v. Greece finding no violations of ECHR in regard to detention of Afghan nationals in Vial migrant centre in Greece

Court press release here.  Chamber judgment here (only available in French). (See also Court’s Fact Sheet “Migrants in Detention” here.)

Excerpt from Court’s press release:

25 January 2018 – In today’s Chamber judgment in the case of J.R. and Others v. Greece (application no. 22696/16) the European Court of Human Rights held, unanimously, that there had been:

no violation of Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights, a violation of Article 5 § 2 (right to be informed promptly of the reasons for arrest); no violation of Article 3 (prohibition of inhuman or degrading treatment); and no violation of Article 34 (right of individual application).

The case concerned the conditions in which three Afghan nationals were held in the Vial reception centre, on the Greek island of Chios, and the circumstances of their detention.

The Court found in particular that the applicants had been deprived of their liberty for their first month in the centre, until 21 April 2016 when it became a semi-open centre. The Court was nevertheless of the view that the one-month period of detention, whose aim had been to guarantee the possibility of removing the applicants under the EU-Turkey Declaration, was not arbitrary and could not be regarded as “unlawful” within the meaning of Article 5 § 1 (f). However, the applicants had not been appropriately informed about the reasons for their arrest or the remedies available in order to challenge that detention.

As to the conditions of detention in the centre, the Court noted the emergency situation facing the Greek authorities after significant numbers of migrants had arrived and the ensuing material difficulties. It observed that several NGOs had visited the centre and had partly confirmed the applicants’ allegations, but found that the conditions were not severe enough for their detention to be characterised as inhuman or degrading treatment had not been reached.  [***]

Court press release here.  Chamber judgment here (only available in French). (See also Court’s Fact Sheet “Migrants in Detention” here.)

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IMIn Working Paper: Counting migrants’ deaths at the border: From civil society counter-statistics to (inter)governmental recuperation, C Heller, A Pécoud

International Migration Institute Network working paper by Charles Heller, Research Fellow at the Centre for Research Architecture, Goldsmiths, University of London and Antoine Pécoud, Professor of Sociology, University of Paris 13.  Article here.

Abstract: Migrant deaths in border-zones have become a major social and political issue, especially in the euro-Mediterranean region and in the context of the refugee/migrant crisis. While media, activists and policymakers often mention precise figures regarding the number of deaths, little is known about the production of statistical data on this topic. This paper explores the politics of counting migrant deaths in Europe. This statistical activity was initiated in the nineties by civil society organizations; the purpose was to shed light on the deadly consequences of ‘Fortress Europe’ and to challenge states’ control-oriented policies. In 2013, the International Organization for Migration also started to count migrants’ deaths, yet with a different political objective: humanitarian and life-saving activities become integrated in border management and the control of borders is expected to both monitor human mobility and save migrants’ lives. IOM thus depoliticises these statistics, while at the same time imitating an activity first associated with political contestation by civil society actors. Finally, the paper explores ways in which statistics on border deaths can be re-politicised to challenge states’ immigration policies in Europe.

Non‐technical summary: The deaths of migrants in the euro‐Mediterranean region constitute a major issue in the context of the migration crisis. Media regularly report of shipwrecks or of dead bodies found on Southern European shores, while European governments and the EU are under pressure, by civil society groups in particular, to find ways of ending a tragedy that is at odds with the continent’s commitment to peace and human rights. This paper explores the ways in which statistics on migrants’ deaths are collected. The first data on this topic came from NGOs in the nineties; their objective was to denounce the deadly consequences of European policies and to challenge control‐oriented policies. Today, however, statistics on border deaths are collected by an intergovernmental actor, the International Organization for Migration: rather than criticizing states, this organization aims at conciliating the control of human mobility with the prevention of deaths – thus moving towards a ‘humanitarian border’.

Article here.

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Research shows lack of overarching coordination in criminal operations transporting people from the Horn of Africa into Northern Europe via Libya. Instead, transnational smuggling routes found to be highly segmented: each stage a competitive marketplace of “independent and autonomous” smugglers

Univ. of Cambridge press release here.  Dr Paolo Campana’s article in the European Journal of Criminology here.

University of Cambridge press release, 22 Jan. 2018:

Latest research shows a lack of overarching coordination or the involvement of any “kingpin”-style monopolies in the criminal operations illegally transporting people from the Horn of Africa into Northern Europe via Libya. Instead, transnational smuggling routes were found to be highly segmented: each stage a competitive marketplace of “independent and autonomous” smugglers – as well as militias and kidnappers – that must be negotiated by migrants fighting for a life beyond the Mediterranean Sea. […]

Dr Paolo Campana from Cambridge University’s Institute of Criminology conducted the research using evidence from the 18-month investigation by Italian prosecutors that followed the Lampedusa shipwreck, in which 366 people lost their lives. The work included data from wiretapped telephone conversations between smugglers at all stages, testimonies collected from migrants, interviews with police task force members, and background information on offenders.

“The smuggling ring moving migrants from the Horn of Africa to Northern Europe via Libya does not appear to have the thread of any single organisation running through it,” said Campana, whose findings are published today in the European Journal of Criminology. “This is a far cry from how Mafia-like organisations operate, and a major departure from media reports claiming that shadowy kingpins monopolise certain routes.” […]

“Authorities may wish to deliberately tarnish the reputation of smugglers in order to shut down their business,” said Campana.  “Criminal justice responses require the adoption of coordinated tactics involving all countries along the route to target these localised clusters of offenders simultaneously. “This is a market driven by exponential demand, and it is that demand which should be targeted. Land-based policies such as refugee resettlement schemes are politically difficult, but might ultimately prove more fruitful in stemming the smuggling tide than naval operations.”

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