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

ECRE calls on the EU to rescue sub–Saharan refugees trapped in Libya

Statement in full:

“Brussels, 3 March 2011. In a meeting today with Commissioner for Home Affairs Cecilia Malmström, ECRE urged the European Commission to make an appeal to EU Member States to help evacuate and offer protection to the 4,000 sub-Saharan refugees who are trapped in Libya.

The international community is making important efforts to support the evacuation of Europeans, Egyptians, Tunisians and other foreigners. However, sub-Saharan refugees, mainly Somalis and Eritreans, are not able to get out of Libya to find safety. As de facto refugees, they cannot go back to their own countries, which they fled to save their lives. What is more, suspected of being pro-Gaddafi mercenaries, they are being targeted and are at great risk if they try to reach the Egyptian or Tunisian border.

Bjarte Vandvik, ECRE’s Secretary General, said ‘Persecuted in their own country, persecuted now in Libya and unable to leave the country, sub –Saharan refugees need to be urgently evacuated to Europe’.

For further information

– ECRE, Appeal for Libya: NGOs call on European governments and the European Union to stand with them in helping people who are fleeing Libya

– ECRE, Safe haven for people fleeing bloodshed in Libya

– CIR, CIR launches an urgent appeal for the evacuation of Eritrean refugees in Tripoli

 

Click here for link to ECRE statement.

Click here (SV) for Commissioner Malmström’s short blog post regarding the meeting with ECRE.

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Filed under European Union, Libya, Mediterranean, Statements

UN OCHA Situation Report 3 on Libya

OCHA Situation Report 3 on Libya.  HIGHLIGHTS/KEY PRIORITIES:

  • On 1 March, an estimated 12,000 people were evacuated from the Tunisia-Libya border to Egypt by air and sea;
  • A United Nations joint rapid assessment mission is currently in eastern Libya proceeding to Benghazi to assess humanitarian needs;
  • The United Nations Emergency Relief Coordinator has allocated some US$5 million from the Central Emergency Response Fund to kick-start emergency efforts to help people fleeing violence in Libya.

Click here for Report.

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Filed under Egypt, Libya, Mediterranean, News, OCHA, Reports, Tunisia

Migrant Arrivals in Lampedusa Resume; 10 Boats–500 Migrants Arrive During 24 Hour Period

After a week or so without any migrants arriving in Lampedusa, ten boats carrying approximately 500 persons arrived in Lampedusa and nearby Italian islands over a 24 hour period 1st-2nd March.  Improved weather conditions are the most likely explanation for the new boat arrivals.  Highlighting the difficulties of maritime surveillance, one of the migrant boats with 22 migrants landed on the island of Linosa, roughly halfway between Lampedusa and Malta, without being detected.

According to Interior Minister Roberto Maroni, to date 2,000 Tunisians have applied for some form of protection; less than 400 asylum requests have been made.  According to Maroni, most of the Tunisians have expressed a desire to go to other European countries, generally France or Germany.

Maroni said that Italy’s agreement with Tunisia limits repatriation of Tunisians to four persons per day and Italy is therefore currently negotiating with Tunisia to increase the number of persons who may be repatriated.  If the daily limit is not changed it would take years to return the thousands who have arrived in Italy.

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

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Filed under Frontex, Italy, Libya, Mediterranean, News, Tunisia

Italy Agrees in Principle to Accept 2000 Eritrean Refugees Stranded in Tripoli

Responding to requests made by CIR and Bishop Giovanni Martinelli, Catholic Bishop in Tripoli, Interior Minister Roberto Maroni yesterday said that Italy was not opposed to receiving approximately 2000 Eritreans from Libya.  Most of the Eritreans are Catholic and have been receiving some assistance and protection from the Catholic Church in Libya.  At least 54 of the Eritreans are in possession of some form of UNHCR documents according to the Bishop’s appeal.

Click here (IT) for article.

Click here (IT) and here (IT) for Bishop Martinelli’s appeals.

Click here (EN) for CIR’s appeal.

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Filed under Italy, Libya, Mediterranean, News

OCHA – Numbers of People Crossing into Neighbouring Countries from Libya

This report is produced by OCHA in collaboration with humanitarian partners. It was issued by Cairo and New York. It covers the period from 28 February to 1 March 2011.

 

IRIN - Numbers of People Crossing into Neighbouring Countries

 

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Filed under Data / Stats, Egypt, Libya, Mediterranean, Niger, Tunisia

2500 Somalis Stranded in Tripoli – Too Fearful to Flee

From IRIN:  “Some 2,500 Somali migrants in the Libyan capital Tripoli, under the control of Libyan leader Col Muammar Gaddafi, are holed up in the violence-affected city and unsure what to do, say Somali migrants there. ‘We have not left our house in the last 12 days. If we go out we are liable to be attacked,’ one of the Somalis, Mohamed Aweys, told IRIN by phone from Tripoli. ‘A friend who went out on 1 March to get some supplies has not returned. We have not seen or heard of him since; his mobile is switched off.’ … Another 500 in the rebel-held city of Benghazi, Aweys said, had been targeted as suspected pro-Gaddafi mercenaries. ‘We spoke to some of them on the phone in Benghazi and they are hiding in their homes.’ … Asked if they would try and reach the Egyptian or Tunisian border, like other foreign nationals, Ahmed said: ‘We are afraid we will get killed before we reach any border.’…”

Click here for article.

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Filed under Libya, Mediterranean, News, Somalia

Laitinen in Malta Visit; Malta Still Not Willing to Host New Frontex Mission; Frontex Preparing Multiple Contingency Plans

Malta’s Home Affairs Minister Carm Mifsud Bonnici met with Frontex Executive Director Ilkka Laitinen.  Mifsud Bonnici said Malta is unwilling to host a new Frontex mission due to its fear that intercepted or rescued migrants would be taken to Malta.  During a press conference (click here for article and short video), Laitinen said that Frontex was not willing to give estimates of the numbers of migrants it believes may seek to leave Libya, but said it was preparing plans for seven different scenarios.  The plans “could include strengthening air and maritime surveillance, increased capacity to deal with those seeking protection at ports and airports and an improved repatriation mechanism for those who did not meet the criteria for humanitarian protection.”  Laitinen reiterated that “push backs and diversions are not an option for people seeking protection.”  Laitinen did not address the burden sharing question other than to say that it was a political question that did not involve Frontex.

Click here, here, and here for articles.

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Filed under European Union, Frontex, Libya, Malta, Mediterranean, News

PACE President calls for Europe to support humanitarian evacuation from Libya

Statement from Mevlüt Çavusoglu, President of the Parliamentary Assembly of the Council of Europe:  “Refugees and migrants are trapped by the conflicts [in Libya]. In Libya, 8000 persons have been recognised as refugees by the UNHCR and are particularly vulnerable…. UNHCR and IOM have today made a joint appeal to governments around the world to provide support for an emergency humanitarian evacuation ongoing at the moment. I join their appeal by adding my plea: the help of the entire international community is urgently needed, and Europe should be at the forefront of the response to this crisis.”

Click here for full statement.

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Filed under Council of Europe, Libya, Mediterranean, News, Statements, Tunisia

CERD Issues Urgent Call for Protection of Non-Citizens and Migrants in Libya

Acting pursuant to its early warning and urgent action procedures, “[t]he United Nations Committee on the Elimination of Racial Discrimination called on the international community and the UN system to seek urgent measures to protect non-citizens, migrant populations, migrant workers, refugees and other minority groups in Libya….”

Click here for Relief Web summary and here for CERD Statement.

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Filed under CERD, Libya, Mediterranean, News, Statements, United Nations

Human Rights First Backgrounder: States’ Obligations to Protect Refugees Fleeing Libya

Excerpts from the Backgrounder:

Currently, Tunisia and Egypt are experiencing an influx of people fleeing Libya. These persons include nationals of those two countries seeking to return home, as well as Libyans and smaller numbers of nationals of other countries in search of safety. Both Tunisia and Egypt, themselves emerging from turmoil, have kept their borders open and are receiving those fleeing Libya. …

All states affected by the ongoing crisis are bound to respect the following [core] principles governing the treatment of refugees….

Protection of refugees is a collective international responsibility. In practice, however, it is those countries that are closest to or most accessible from Libya and its neighbors that will be called upon to protect the majority of refugees who may seek international protection in the immediate term….

At a time when all countries in the region and their neighbors in the EU may see an increase in migration by people fleeing persecution and violence as well as worsening economic conditions, it is critically important that those who have a claim to international protection be given access to procedures to obtain it. The international community more broadly and the EU should assist those States that bear the brunt of this challenge in dealing with it in a way that is consistent with their international obligations. At the same time, Italy and other EU member states and institutions must refrain from pushing migrants back to Libya or any other country without identifying those in need of international protection and allowing those who need such protection to apply for it.

Click here for full document.

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Filed under Analysis, Egypt, European Union, Frontex, Italy, Libya, Malta, Mediterranean, Tunisia

UN OCHA Situation Report 2 on Libya

From the UN Office for the Coordination of Humanitarian Affairs (OCHA), Situation Report No. 2, 1 March 2011:

Libya – thousands of migrants stranded at Benghazi port;

Tunisia – 10,000 to 15,000 people arrived in Tunisia on 1 March, creating a huge bottleneck on the border due to a lack of onward transportation to their home countries. Thousands of people (including over 15,000 Bangladeshis) are stuck on the Libyan side of the border and are not allowed to cross. They are stranded and without access to food, health, water and sanitation;

Egypt – 5,000 to 7,000 migrants stranded in the border area at Saloum, in “no man’s land”. The Egyptian authorities are not allowing those without valid tickets and documentation to leave. According to IOM, these stranded migrants need food, water, blankets, shelter and proper sanitation facilities. IOM has established a registration process for migrants from African and Asian countries who cannot continue their journey into Egypt because of lack of travel documents or entry visas;

Niger – IOM is preparing for the arrival later this week of an estimated 2,000 Nigerians and other African nationals who have recently managed to cross Libya’s southern border at Gatrone.

Click here for full document.

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Filed under Egypt, Libya, Mediterranean, News, Niger, OCHA, Tunisia

Italian Prosecutor to Open Criminal Investigations Against 6000 Tunisians for Illegal Immigration

The chief criminal prosecutor of Agrigento, Sicily, Renato Di Natale, has opened criminal cases on charges of illegal immigration against the Tunisians who arrived in Lampedusa over the past several weeks.  Cases have been opened against hundreds of Tunisians and additional cases will be opened as the migrants are identified.  The chief prosecutor described the opening of the criminal cases as routine procedure which would occur in any case involving the arrival of a suspected illegal immigrant.  The prosecutor said additional charges of providing false information could be added if it is discovered that a migrant provided a false name.  If an individual migrant were to be given status as a political refugee, the criminal case would be dropped.

Bringing criminal charges against traffickers or smugglers would seem reasonable, but it strikes me as a poor use of limited state resources to open criminal investigations against the overwhelming majority of the Tunisians who have arrived in Italy in recent weeks.  Even if the cases do not proceed, one would think that Italian authorities could respond to this situation differently.

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

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Filed under Italy, Judicial, Mediterranean, News, Tunisia

Chaos at Libyan-Tunisian border

A photo of what is apparently the Ras Jdir (Ra’s Ajdir) crossing on the Libya- Tunisia border on 1 March 2011.  (Photo Credit Reuters via Al Jazeera.)

Reuters via Al Jazeera

 

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Filed under Libya, Mediterranean, News, Tunisia, UNHCR

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