Monthly Archives: March 2011

Hirsi and Others v. Italy – Relinquishment of jurisdiction to the ECtHR Grand Chamber

There is a notice on the European Court of Human Rights web page dated 1 March 2011 stating the following:

“The Chamber dealing with the case of Hirsi and Others v. Italy has relinquished jurisdiction in favour of the Grand Chamber. The applicants, 11 Somali nationals and 13 Eritrean nationals, were part of a group of illegal migrants who left Libya by boat heading for the Italian coast. The application concerns the interception of their boats on the high seas and their immediate return to Libya on board Italian naval vessels.”

Previous history of the case:

On 17 November the Second Section of the European Court of Human Rights communicated the case of Hirsi and others v Italy, Requête no 27765/09.  The case was filed on 26 May 2009 by 11 Somalis and 13 Eritreans who were among the first group of about 200 migrants interdicted by Italian authorities and summarily returned to Libya under the terms of the Libya-Italy agreement which took effect on 4 February 2009.  The Applicants were intercepted on 6 May 2009 approximately 35 miles south of Lampedusa.

Click here for previous post on the case.

More details on this development later.

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Filed under European Court of Human Rights, European Union, Italy, Judicial, Libya, Mediterranean

UNHCR: Crisis at Libya-Tunisia Border; 140,000 Have Fled to Egypt and Tunisia; Tunisia May Be Barring Sub-Saharan Africans from Entering Tunisia

1 March 2011 update from UNHCR:

“UNHCR staff at the Libya-Tunisia border have this morning told us that the situation is reaching crisis point. According to the Tunisian authorities, 70-75,000 people have fled Libya to Tunisia since 20 February. Fourteen thousand people crossed yesterday, the highest number to date, with tens of thousands of people now in urgent need of onwards transportation to their home countries. With 10,000-15,000 people expected to arrive today…

[T]housands of people have been waiting on the Libyan side to enter for as long as three days, obliged to spend the night outside in the bitter cold without shelter. We are very concerned that a large number of sub-Saharan Africans are not being allowed entry into Tunisia…

Meanwhile at the Egyptian border, the Government reported that some 69,000 people had crossed from Libya since 19 February. The majority of those who have crossed are Egyptians…”

Click here for UNHCR update.

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Filed under Egypt, Libya, Mediterranean, News, Tunisia, UNHCR

Van Rompuy to Convene Extraordinary Meeting of European Council on 11 March

EC President Van Rompuy has called an extraordinary meeting of the European Council: “In light of the developments in our Southern Neighbourhood, and Libya in particular, I decided to convene an extraordinary meeting of the European Council. The meeting will take place on 11 March 2011 in Brussels at 11.30 am.”

Click here for full statement.

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Update from Today’s LIBE Committee’s Discussions re Central Mediterranean

The Hungarian Presidency and LIBE have released summaries regarding today’s LIBE Committee meeting.  Here are some points from the two summaries:

  • Commissioner Malmström emphasized that, so far, migrants had not started coming to Europe from Libya, but the EU had to prepare for this possibility;
  • Frontex Director Laitinen made it clear that the region should not be seen as a whole, but as separate countries with separate problems;
  • Laitinen underlined that from Tunisia only economic migration could be seen so far, but for the moment, as Tunisian authorities have regained control of the migration flow, this had stopped, as well. Since 26 February, no migrants had arrived to Lampedusa.
  • Laitinen also stressed that Italy was not the only entry point for migrants from North-Africa. Greece should not be forgotten in this context.  Low-cost flights from North-Africa to Istanbul were operating, bringing many migrants who then were trying to enter the Schengen area through the Greek-Turkish border;
  • Laitinen said that the possibility of extending Hermes to address Malta’s needs was being examined. More money and staff might be needed if the current emergency persists;
  • MEPs urged Member States to accelerate work on the “asylum package” and stressed the need for solidarity as regards relocating migrants;
  • Malmström said that most of the current migration from Tunisia to Lampedusa appears to be for economic reasons;
  • Malmström said that “Frontex and Member States may not push away people in need of international protection”;
  • MEP Simon Busuttil (EPP, MT) said the three main priorities in Libya are halting violence, sending humanitarian aid and planning for a possible immigration emergency. “What if a mass influx turns into Europe, is there a plan in the drawer to be pull out if this happens?” “Member States show no appetite for relocation.”

Click here and here for the two articles.

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Filed under European Union, Frontex, Greece, Hungary, Italy, Libya, Malta, Mediterranean, News, Tunisia, Turkey

Laitinen in Malta for Discussions

Frontex Director Ilkka Laitinen is in Malta today for discussions with Maltese officials about the situation in Libya and the possibility of a new migrant flow from Libya.  It seems that the discussions concern the expansion of Joint Operation Hermes Extension or the creation of a new joint operation based in Malta.  Before leaving Brussels earlier today, Laitinen said that “although the situation is fluid and until now no flows of asylum seekers to Europe has resulted, Frontex was preparing for such an eventuality.”

Click here (EN), here (IT) and here (IT) for articles.

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Live Coverage, 1 March, 09:00, LIBE Meeting re Situation in the Central Mediterranean

LIBE will reconvene today, 1 March, 09:00-10:30, to discuss “the situation in the central Mediterranean…. They will consider the democratisation process in the region and its impact on migration flows and EU immigration and asylum policy. In attendance: Hungarian Presidency representative, H.E. Peter Györkös, Cecilia Malmström, Commissioner for Home Affairs and Ilkka Laitinen, Executive Director of Frontex, the EU border security agency.”

Click here for live coverage.

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Austria Would Accept Up To 6000 Refugees from Libya if Needed

Austrian Interior Minister Maria Fekter said that while she doubts there will be a massive flow of refugees from Libya, if necessary, Austria would be in a position to accept up to 6,000 asylum seekers.

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

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EU migration control made by Gaddafi?

An article from OpenDemocracy by Prof. Gregor Noll (Lund University) and Mariagiulia Giuffré (doctoral candidate at the School of International Studies, University of Trento):

“[T]here is a far-reaching consensus that a government [such as the Gaddafi Government] that uses indiscriminate lethal force to retain power is, as the diplomatic phrasebook has it, “unacceptable”. Yet, over the past six years, it has been perfectly acceptable for EU governments to outsource its border protection to an authoritarian leader with a dismal human rights record…. We, the citizens of the EU, should also be reminded that for over three years now, we have relied on Gaddafi and his state apparatus to keep asylum seekers and other migrants away from our doors….”

Click here for article.

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