Author Archives: Niels Frenzen

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About Niels Frenzen

Clinical Professor of Law, Gould School of Law, University of Southern California, Los Angeles, USA. Contact: frenzen@usc.edu; @migrantsatsea

UNHCR Denies Any Involvement with Italy-Libyan National Transitional Council Migrant Agreement

UNHCR spokesperson Laura Boldrini has said that the UNHCR was surprised at Foreign Minister Frattini’s claim that UNHCR was somehow involved in any new migration agreement between Italy and the Libyan National Transitional Council.  According to TM News Boldrini said  “there is no involvement of any kind relating to these operations and [UNHCR] reiterates its opposition to any action of expulsion at sea of ​​migrants heading for the Italian coast.”

Click here (IT) for article.

[UPDATE:   Click here and here for articles where Frattini clarifies he did not intend to suggest that UNHCR would be involved in the new agreement.   The agreement in question is being referred to as a Memorandum of Understanding for Cooperation in the Fight Against Illegal Immigration, Terrorism, Organized Crime and Drug Trafficking.  (Un Memorandum d’ Intesa per la collaborazione nella lotta all’ immigrazione clandestina, al terrorismo, alla criminalità organizzata ed al traffico di stupefacenti.)

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Filed under Italy, Libya, Mediterranean, News, Statements, UNHCR

Frattini Says Migrant Repatriation Agreement to be Signed Tomorrow with Libyan National Transitional Council

Italian Foreign Minister Franco Frattini said earlier today that an agreement would be signed tomorrow between the Italian government and the Libyan National Transitional Council (NTC).  While no specific details of the agreement are being reported yet, the agreement will supposedly commit the NTC to taking steps to prevent the departure of migrants and also includes a repatriation agreement.  Frattini also said that the UNHCR will be a party to the agreement.  Frattini is quoted as saying that “unlike what happened with Gaddafi this agreement sees the UNHCR fully involved.”

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

[Update: UNHCR has expressed suprise at Frattini’s statement and said that it has no invovlement with this new agreement.]

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Filed under Italy, Libya, Mediterranean, News, UNHCR

1400 Migrant Landings in Malta in First 5 Months of 2011; 91% of Protection Applications Approved

According to information presented by Maltese Justice Minister Carmelo Mifsud Bonnici, 1,451 migrants have reached Malta during the first five months of 2011.  There were no arrivals during the first two months of the year.  819 people arrived in March, 288 in April, and 347 in May.  Most of the migrants were Somali (411) and Eritrean (280).

In a separate statement, Maltese Refugee Commissioner Mario Guido Friggieri said that a total of 1,530 migrants in seven boats have arrived in Malta to date in 2011.  This would suggest that there have been 79 migrant arrivals so far during the month of June.

Friggieri also reported that the Refugee Office has received 600 applications for protection of which 420 have been decided: 5 migrants have been granted refugee status, 370 granted subsidiary protection, 8 granted temporary humanitarian protection status, and 1 was granted “special protection.” 36 applications have been rejected.  91% of the applications for protection decided to date have been approved in some fashion.

As of the end of the month of April, there were 1,048 migrants being detained in detention centres and 2,294 in open centres.

Click here, here, and here for articles.

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Filed under Data / Stats, European Union, Libya, Malta, Mediterranean, News

Frattini Says He Expects Libyan Rebels Will Soon Take Steps to Stop Migrant Departures

Italian Foreign Minister Franco Frattini said during a TV interview earlier today that “the [Libyan] rebels have said they will keep the international commitments of the Libyan state” relating to illegal immigration (”I ribelli hanno detto che manterranno gli impegni internazionali dello stato libico…”) and that he expects an “important political signal [from the rebels] in the coming days.”  (“Mi aspetto da parte loro un segnale politico importante gia’ nei prossimi giorni”.)

Libyan rebel leader, Mustafa Abdel Jalil, has previously said that a post-Gaddafi Libyan Government would respect “all agreements with Italy by the [Gaddafi] regime, including those involving combating illegal migration and oil contracts with Eni.” Specifically, Jalil has said that the rebels would “respect the Italian-Libyan Treaty signed by Prime Minister Silvio Berlusconi and Colonel Muammar Gaddafi. … Any treaty or agreement [which was done] we respect it” and “we will try to implement the treaties.”

Click here, here, or here for article. (IT)

Click here for previous post on Jalil’s statement.

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Filed under Italy, Libya, Mediterranean, News

Italy Surpasses Greek-Turkish Border as Main Entry Point to EU for Irregular Migrants

Frontex Deputy Executive Director Gil Arias announced today at a press conference that during the first quarter of 2011 most irregular migrants have entered the EU through Italy, primarily at Lampedusa.  In 2010 the Greek-Turkish border was the main entry point for irregular migrants.

A total of 32,906 irregular migrants were detected at the EU borders during the 1st Quarter 2011 compared with a total of 14,857 during the 1st Quarter of 2010.  Of the 32,906, 22,000 entered through Italy during the 1st Quarter, mostly at or around Lampedusa, and 7,200 entered the EU through Greece.

So far this year, January 1 to present, approximately 41,000 irregular migrants have entered the EU in the area around Lampedusa and other nearby islands.

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

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Filed under Data / Stats, European Union, Frontex, Greece, Italy, Libya, Mediterranean, News, Tunisia, Turkey

Moreno-Lax, Int J Refugee Law, “Seeking Asylum in the Mediterranean: Against a Fragmentary Reading of EU Member States’ Obligations Accruing at Sea”

The latest edition of the International Journal of Refugee Law, contains an article by Violeta Moreno-Lax (PhD Candidate at Université catholique de Louvain; Visiting Fellow 2010-11 at Refugee Studies Centre, University of Oxford) entitled “Seeking Asylum in the Mediterranean: Against a Fragmentary Reading of EU Member States’ Obligations Accruing at Sea.”

Abstract: “Although both international and EU law impose a number of obligations on the EU Member States with regard to persons in distress at sea, their effective implementation is limited by the manner in which they are being interpreted. The fact that the persons concerned are migrants, who may seek asylum upon rescue, has given rise to frequent disputes and to episodes of non-compliance. Frontex missions and the Italian 2009 push-back campaign illustrate the issue. With the objective of clarifying the scope of common obligations and to establish minimum operational arrangements for joint maritime operations, the EU has adopted a set of common guidelines for the surveillance of the external maritime borders. On the basis of the principle of systemic interpretation, this article intends to contribute to the clarification of the main obligations in international and European law binding upon the EU Member States when they operate at sea.”

This is a revised and updated version of the paper presented at the 12th IASFM Conference held in Nicosia, 28 June-2 July 2009.  [The article was written and sent for typesetting before the various uprisings in North Africa – IJRL Editor, 4 March 2011]

Click here for link.  (Subscription or payment required.)

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Filed under Analysis, Eastern Atlantic, European Court of Human Rights, European Union, Frontex, Greece, Italy, Libya, Malta, Mauritania, Mediterranean, Senegal, Spain

INTERIGHTS Consultancy – MENA Scoping Study

Of possible interest to some readers:  INTERIGHTS is seeking a consultant to conduct a scoping study and produce a comprehensive report with recommendations on whether and, if so, how best, INTERIGHTS could develop a programme of work in the Middle East and North Africa (MENA).

More information, see MENA Consultant Advert June 2011- IR website versionMENA Consultant – BackgroundMENA TOR, and  Equal Opportunities and Diversity Monitoring Form.

Closing date: 4th July 2011. If you would like an informal discussion about this consultancy please contact Iain Byrne on +44 (0)207 278 3230.

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42,000 Migrant Landings in Italy in First 5 Months of 2011

Italian officials report that 42,807 migrants landed in Italy during the first five months of 2011.  The arrivals involved 507 separate landings.  This number contrasts with 4,406 arrivals in all of 2010 involving 159 separate landings.

Most of the migrants in 2011 have been Tunisian nationals (24,356) whereas Afghans (1699) were the largest group in 2010.  Most migrants crossed the Adriatic in 2010 whereas the central Mediterranean is now the location of most migrant voyages.

2010:   Afghanistan (1699), Tunisia (650), Egypt (551), Algeria (297), Iraq (161), Iran (159) , Palestine (128), Turkey (112), Syria (100), Somalia (61), Eritrea (55).

January–May 2011:   Tunisia (24,356), Somalia, Eritrea, Ethiopia (combined total of 4,157), Nigeria (1689), Ghana (1312), Mali (1134), Bangladesh (827), Egypt (761), Côte d’Ivoire (730), Afghanistan (713), Pakistan (530).

Click here and here for articles.  (IT)

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Filed under Data / Stats, Italy, Mediterranean, News

Gisti Calls for NATO to Use Its Surveillance Capabilities to Prevent Migrant Deaths at Sea

From Gisti:

“…  Faced with hundreds of fatal wrecks in the Mediterranean, can we simply denounce the deafening silence in which lives are lost at our doors? Should we accept being powerless in the face of immigration politics which we cannot change? Those who have drowned are not the victims of natural disasters, but of political decisions carried out by persons whose responsibility must be marked. In response to these attacks on the most fundamental right – the right to life – we must ensure that procedures are undertaken and that justice is done. We must stop this carnage. [***] These wrecks, sinking boats transformed into floating coffins of men, women and children, deaths from exposure,  hunger and thirst after drifting at sea, have become commonplace.  [***] But things have changed since an international coalition and NATO forces intervened in Libya. Today, AWACS, drones, planes, helicopters, radar, and warships watch everything that moves in the Mediterranean. They can not fail to see the boats of exiles from sub-Saharan Africa who seek to flee from Libya. [***] By not intervening, they are guilty of failing to assist persons in danger. This can not go unpunished. [***]>>

<<[***] Face aux centaines de naufrages mortels en Méditerranée, peut-on se contenter de dénoncer le silence assourdissant dans lequel des vies disparaissent à nos portes ? Doit-on se résoudre à l’impuissance devant des politiques migratoires auxquelles on ne pourrait rien changer ? Ces noyées ne sont pas les victimes de catastrophes naturelles, mais de décisions politiques mises en œuvre par des exécutants dont les responsabilités doivent être pointées. Devant ces atteintes au droit le plus fondamental – le droit à la vie – il faut que des procédures soient engagées et que justice soit rendue. Il faut mettre fin à cette hécatombe. [***]  De ces naufrages, des épaves transformées en cercueils flottants d’hommes, de femmes et d’enfants morts d’épuisement, de faim et de soif après de longues dérives en mer, l’opinion a pris l’habitude. [***]  Mais la donne a changé depuis qu’une coalition internationale et les forces de l’OTAN interviennent en Libye. Aujourd’hui, awacs, drones, avions, hélicoptères, radars et bâtiments de guerre surveillent tout ce qui bouge en Méditerranée. Ils ne peuvent pas ne pas voir les bateaux des exilés originaires d’Afrique subsaharienne qui cherchent à fuir la Libye. [***] En n’intervenant pas, ils se rendent coupables de non-assistance à personne en danger. Ceci ne peut rester impuni. [***] >>

Click here for full statement.  (FR)

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Filed under European Union, Frontex, Italy, Libya, Mediterranean, Statements, Tunisia

1500+ Migrants Land in Lampedusa / NATO Helicopters Report Migrant Boat Sightings to Maltese SAR Authorities

Seven migrant boats from Libya carrying over 1500 migrants arrived in Lampedusa over a 12 hour period Friday night to Saturday.  The large number of arrivals follows an 11 day period when there where no arrivals on Lampedusa.  Improved sea conditions are again believed to be the main explanation for the timing of arrivals.

According to Maltese news reports, NATO Headquarters in Naples informed Maltese SAR authorities that a helicopter operating from a NATO vessel had sighted several of the migrant boats sailing north from Libya and search operations for the migrants boats were begun as a result.

It would be helpful if NATO’s press office would include information on NATO’s search and rescue activities and sightings of migrant boats in its daily Unified Protector Operational Media Update.  The Update already includes a daily tally of NATO air operations (sorties and strike sorties), hits, maritime arms embargo activities (hailings, boardings, interdictions), and humanitarian assistance movements.

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

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Filed under Italy, Libya, Malta, Mediterranean, News

EU Council Resource Centre – Free Movement and Migration web site

A new resource from the EU Council:  “Check out our new online resource centre: http://www.eucouncilfiles.eu/.  It contains everything there is to know about free movement and migration….”

The site contains several folders for specific topics including:  Southern Neighbourhood (contains, among other things, updated statistics of migrants flows since the beginning of the current crisis);  Asylum, and  Migration.

Click here for main site.

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Filed under Data / Stats, European Union, News

Icelandic Coast Guard Rescues Disabled Migrant Boat Near Crete

An Icelandic patrol boat participating in Frontex Joint Operation Poseidon in the eastern Mediterranean rescued approximately 93 migrants from a disable vessel near Crete.  One media report indicated the passengers may be Egyptian.

Click here, here, and here for articles.

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Filed under Egypt, Frontex, Greece, Iceland, Mediterranean, News

CoE HR Commissioner: Europe should increase air surveillance to spot and rescue migrant boats

Council of Europe Human Rights Commissioner Thomas Hammarberg issued a new Comment, “African migrants are drowning in the Mediterranean,” in which he voices the concern that “preventing migrants from coming [to Europe] has become more important than saving lives” and calls for a dramatic increase in “surveillance – from the air – along the Libyan coast and further out in order to spot any fragile [migrant] vessels at sea and safely prepare a rescue.”

Excerpts:

“The drowning tragedies in the Mediterranean are not a new phenomenon; … [European deterrent measures] ha[ve] not prevented people from trying to reach Europe, but it has made the journey more dangerous and given the smugglers a reason to increase their prices. The boats have become more and more overcrowded and more of them have capsized.  Smugglers have a responsibility; they take on board much too many migrants in much too unsuitable boats – and thereby put lives at risk. …

Europe has a role in this. The imperative principle of ‘rescue at sea’ must not only be respected for those close to a sinking ship; there is also a need to increase dramatically surveillance – from the air – along the Libyan coast and further out in order to spot any fragile vessels at sea and safely prepare a rescue.  In view of the ongoing military operations it would be difficult to argue that there are no resources for such reconnaissance activity. Indeed, the escalation of the armed conflict has contributed to the acute situation of the sub-Saharan migrants.

European governments and institutions have more responsibility for this crisis than they have demonstrated so far. Their silence and passivity are difficult to accept. When preventing migrants from coming has become more important than saving lives, something has gone dramatically wrong.”

Click here (EN) or here (FR) for full statement.

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Filed under Council of Europe, Italy, Libya, Malta, Mediterranean, Statements, Tunisia

RFI: Le régime libyen soupçonné de favoriser l’émigration vers l’Europe

“Le régime libyen est-il à l’origine d’une nouvelle filière d’immigration ? Selon plusieurs témoignages, les pro-Kadhafi organisent des départs à prix réduit en bateau depuis Tripoli ou Zouara, à l’ouest, pour des réfugiés, direction l’Europe. Avec un objectif politique : inonder les côtes européennes d’immigrés. La filière recruterait maintenant directement au camp de Choucha, à la frontière tunisienne, un camp ouvert il y a trois mois et dans lequel les conditions de vie se dégradent. Le Haut commissariat aux réfugiés reste prudent sur la question, mais dit enquêter sur les rumeurs. Dossier de la rédaction avec notre envoyé spécial…..”

Cliquez ici pour l’article complet.

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Filed under European Union, Italy, Libya, Mediterranean, News, Tunisia, UNHCR

CARIM: Libya Migration Profile

CARIM has published an updated Migration Profile for Libya.  The profile includes IOM data regarding migrant departures from Libya between 20 February and 26 May 2011 which again highlights the humanitarian burden imposed on Tunisia and Egypt relative to Italy and the EU.

Tunisia received 232,856 individuals from Libya during this period (185,442 of whom were TCNs) which is 43.8% of the total number of migrants who have fled Libya.  Egypt received 172,318 individuals (74,911 TCNs) which constitutes 32.4% of the migrants who have fled.  Italy received 13,110 individuals (all TCNs) which constitutes 2.5% of the total.   Niger received 13.1% of the total, Chad 5.1%, Algeria 2.3%, and Malta 0.3%.

Click here for the Profile.

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Filed under Algeria, Analysis, Data / Stats, Egypt, European Union, Italy, Libya, Malta, Mediterranean, Niger, Reports, Tunisia