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
by | 23 Feb 2011 · 04:59

US Govt Chartered Ferry to Attempt Evacuation of US Citizens from Tripoli Wednesday Morning, 23 Feb.

The US State Department issued a statement that a US government charted ferry will attempt to dock at the “As-shahab Port in central Tripoli, located on the sea road across from the Radisson Blu Mahari Hotel, [and depart] for Valletta, Malta on Wednesday, February 23. Processing of passengers will begin promptly at 10:00 a.m. local time.  U.S. citizen travelers wishing to depart should proceed as soon as possible after 9:00 a.m. to the pier and arrive no later than 10:00 a.m.”

Click here for full US Embassy Tripoli Warden Message.

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by | 23 Feb 2011 · 03:45

Jusqu’à quand la politique migratoire de l’UE, va-t-elle s’appuyer sur les dictatures du sud de la Méditerranée?

Migreurop: “Depuis le début des années 2000, l’Union européenne et ses États membres se sont appuyés sur les régimes du sud de la Méditerranée pour externaliser leur politique d’asile et d’immigration. Face aux révoltes populaires en Afrique du Nord et au Moyen-Orient, leurs réactions montrent que la « défense de la démocratie » et la « non ingérence » ne sont que rhétoriques quand il s’agit de réaffirmer les impératifs d’une fermeture des frontières attentatoire aux droits fondamentaux….”

Cliquez ici (FR) ou ici (ES) pour la déclaration complète.

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by | 22 Feb 2011 · 19:45

Catherine Ashton Announces Suspension of Negotiations on EU-Libya Framework Agreement

A statement released today by EU High Representative Catherine Ashton at the conclusion of her meetings in Egypt includes the following:

“Regarding specific action on Libya, we are looking forward to the meeting of UN Security Council. It will address the situation in Libya later today and will discuss all options, including restrictive measures. For my part, I have called a meeting of EU Ambassadors to look at what the European Union can do to support the UN and what measures it can take. As the situation stands, we have suspended negotiations on EU-Libya Framework Agreement. We are coordinating closely with Member States in Brussels, in New York and in Geneva at the UN Human Rights Council, where I will be myself on Monday.”

Click here for full statement.

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by | 22 Feb 2011 · 19:28

32% of Libya’s 2009 Oil Exports Went to Italy

From the US Energy Information Administration:

2009 Libyan Oil Exports:  “With domestic consumption of 280,000 bbl/d in 2009, Libya had estimated net exports (including all liquids) of 1.5 million bbl/d. According to 2009 official trade data as reported to the Global Trade Atlas, the vast majority of Libyan oil exports are sold to European countries like Italy (425,000 bbl/d), Germany (178,000 bbl/d), France (133,000 bbl/d), and Spain (115,000). With the lifting of sanctions against Libya in 2004, the United States has increased its imports of Libyan oil. According to EIA estimates, the United States imported an average of 80,000 bbl/d from Libya in 2009, up from 56,000 bbl/d in 2005 but, as a result of the U.S. economic downturn and subsequent decline in oil demand, 2009 levels were below 2007 highs of 117,000 bbl/d.”

Click here for link.

(HT to tweet by @johnwilcockson)

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by | 22 Feb 2011 · 16:05

Times of Malta: Frontex Preparing for “Unprecedented” Migrant Flow from Libya

The Times of Malta reports today that Frontex “has been given instructions to start preparing for a possible unprecedented influx of immigrants and asylum seekers fleeing Libya towards the EU, particularly through Malta and Lampedusa.” “‘The fact that the Libyan regime does not seem to be in control of the huge expanse of the 2,000-km long Libyan coastline might already pose a big danger of a flood of asylum seekers crossing by rogue boats towards Malta, Lampedusa and Sicily,’ the sources said.”  According to the article the planned response to a massive flow would involve all 27 member states.  EU spokesman for Home Affairs Michele Cercone confirmed that Frontex was engaged in planning for a migrant flow from Libya, but said he would not “speculate on details and suppositions.”  The article also states that “six EU Mediterranean member states [Malta, France, Cyprus, Spain, Greece, and Italy] will meet in Rome tomorrow in an urgent minisummit to devise a common stance on the immigration crisis facing the southern Mediterranean region, a day before official talks of EU justice ministers in Brussels.”

Click here article.

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by | 22 Feb 2011 · 15:43

UNHCR gravely concerned for safety of asylum seekers & refugees in Libya

From UNHCR: “… Some of the reports we are getting from third-party sources are very worrying. A journalist has passed information to us from Somalis in Tripoli who say they are being hunted on suspicion of being mercenaries. He says they feel trapped and are frightened to go out, even though there is little or no food at home. … We ask all countries to recognize the humanitarian needs at this time of all people fleeing targeted violence, threats, and other human rights abuses in Libya.”

Click here for UNHCR note.

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by | 22 Feb 2011 · 06:35

EU Foreign Affairs Council: Condemnation of Libya, but No Call for Sanctions or Travel Bans

The conclusions of the just completed EU Council meeting on Foreign Affairs were released yesterday.  Not surprisingly, Libya was a major topic of discussion and there was condemnation of the Libyan government’s actions.  But there is a strong difference of opinion among member states regarding what else should be done.  Finnish Foreign Minister Alexander Stubb called for the imposition of sanctions against Gaddafi, his family, and Libyan government officials saying “it was hypocritical that Europe last month slapped sanctions on the Belarussian leader, Alexander Lukashenko, and his associates. ‘How can we on one side look at what’s going on in Libya, with almost 300 people shot dead, and not talk about sanctions or travel bans, and at the same time put travel bans and sanctions in Belarus?’.”  Italy strongly opposed imposing sanction against Libya:  Italian Foreign Minister Franco Frattini called for a “European Marshall Plan” instead of sanctions.  His plan would “include political, economic, and social support” for Libya.

Among the agreed upon conclusions was the following:  “The Council stresses the importance of strengthened cooperation with Mediterranean countries to address illegal immigration, in accordance with the principles of international law. JHA Ministers meeting later this week in the Council will pursue detailed work on this issue.”

Click here for the Foreign Affairs Council Meeting Conclusions.

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

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by | 22 Feb 2011 · 06:00

Italian Air Force on High Alert; More Naval Ships Deployed

After yesterday’s incident involving the two Libyan Air Force defectors who landed their Mirage fighter jets in Malta, Italy placed its air bases on high alert, specifically the bases at Trapani and Gioia del Colle (Bari).  Italy has also deployed several naval vessels, including an electronic warfare ship, towards Libya.  Italian Defence Minister Ignazio La Russa characterised the events as routine, saying there was no specific alarm, but measures needed to be taken to prepare for a possible fall of Gaddafi.

Click here (IT) for article.

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by | 22 Feb 2011 · 05:40

Defecting Libyan Fighter Pilots Chose Malta Over Italy to Avoid Possible Repatriation

Two high-ranking Libyan fighter pilots landed their Mirage F1 fighter jets in Malta yesterday and sought asylum after reportedly refusing to attack civilian protesters in Libya.  La Stampa reports that the Libyan pilots decided to land in Malta rather than Italy because they were fearful that the Italian government would repatriate them under the terms of the Italy-Libya migration agreement. (“La decisione di innalzare al massimo il livello di allerta è stata presa dai vertici militari italiani dopo l’atterraggio a Malta di due cacciabombardieri Mirage libici fuggiti da Bengasi: i piloti hanno raccontato di essersi rifiutati di bombardare i manifestanti che protestavano contro il regime. Ed inoltre, hanno aggiunto di non aver raggiunto l’Italia perchè, in base al trattato italo-libico, avrebbero potuto essere rimpatriati.”)

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

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by | 22 Feb 2011 · 05:14

CIR a Maroni: Rivedere l’utilizzo del Villaggio degli Aranci – Mineo

From CIR’s web site:

“Il Consiglio Italiano per i Rifugiati in una lettera inviata oggi all’attenzione del Ministro dell’Interno Roberto Maroni ha espresso la sua preoccupazione rispetto al piano annunciato dal governo di trasferire al Villaggio degli Aranci di Mineo migliaia di richiedenti asilo ospitati attualmente in diversi centri di accoglienza in Sicilia, Calabria, Puglia e Friuli Venezia Giulia.

‘Il concentramento di rifugiati o richiedenti asilo in una così grande struttura inficerebbe il sistema di accoglienza che l’Italia ha costruito negli ultimi dieci anni. Rappresenterebbe il contrario dell’attuale sistema SPRAR che garantisce il pieno rispetto dei diritti delle persone e fornisce loro i servizi previsti dalla normativa comunitaria e italiana’ – sottolineano nella lettera Savino Pezzotta e Christopher Hein, rispettivamente presidente e direttore del CIR.  ‘L’ottima esperienza del Sistema di Protezione per i Rifugiati e i Richiedenti Asilo – SPRAR, coordinato dall’ANCI in accordo con il Ministero dell’Interno prevede, infatti, decentramento, ospitalità in piccoli centri, coinvolgimento degli enti locali e delle associazioni, approccio che è considerato un modello per altri paesi europei. Non ravvisiamo alcuna necessità di smantellare – anzi, ciò risulterebbe un’azione controproducente – l’attuale sistema di accoglienza e le procedure per il riconoscimento della Protezione Internazionale’.

Il Consiglio Italiano per i Rifugiati ha voluto ricordare che già una volta, nella primavera del 1999, 5.000 sfollati kosovari furono ospitati nella ex base NATO di Comiso in Sicilia e inevitabilmente in poco tempo la situazione degenerò e divenne totalmente ingovernabile.

Il CIR  ha perciò chiesto al Ministro Maroni un ripensamento sull’utilizzo del Villaggio degli Aranci di Mineo. Il Villaggio di Mineo potrebbe effettivamente servire  come centro di smistamento e prima identificazione delle persone solo per un limitatissimo periodo di accoglienza in caso di arrivi massicci dal nord-Africa, caso che non è affatto da escludersi considerando anche l’attuale situazione in Libia.”

Click here (IT) for link to post on CIR web site.

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by | 22 Feb 2011 · 04:52

Frontex JO Hermes Update

Here is the latest update from the Frontex web site:

“… Joint Operation Hermes 2011, originally planned to commence in June, was brought forward and started on February 20 with a provisional end-date of March 31 as an initial phase with a possible extension if needed. The Operational Plan was prepared on the basis of a Tailored Risk Analysis, created by Frontex at Italy’s request…. As with all Frontex-coordinated Joint Operations, the host Member State (Italy) will play the leading role. All maritime assets and crews will be provided by the Italian authorities and will patrol a predefined area with a view to detecting and preventing illegitimate border crossings to the Pelagic Islands, Sicily and the Italian mainland. Aerial assets made available by other Member States for enhanced border surveillance and search and rescue capability will support these sea patrols. Meanwhile, second-line border control will be supported through the deployment of debriefing and screening experts to identify migrants’ nationalities and to gather intelligence on people-smuggling networks. Further support may also be made available in the area of return operations.

Assets and experts made available by the Member States for Hermes 2011 joint operation:

  • Naval means: Italy
  • Aerial means: Italy, France, the Netherlands, Malta, Spain
  • Experts: Italy, Austria, Belgium, France, the Netherlands, Sweden, Switzerland, Malta, Portugal, and Spain …

The Europol Mobile Office is deployed on the spot in Lampedusa. Europol experts will also provide operational analytical support throughout the operation.”

Click here for full statement.

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by | 22 Feb 2011 · 04:28

Interview with Frontex Director Regarding the 5000 Tunisians in Italy

Frontex Director Ilkka Laitinen was interviewed by Spiegel Online.  He expressed the view that Frontex’s main task in regard to the 5000 or so Tunisian migrants who have reached Italy over the past several weeks will be facilitating the return of most of them to Tunisia.  According to Laitinen, only a “very few” of the Tunisians have sought asylum protection.  He also said that Frontex “experts [had] come to the conclusion that the flight of the 5,000 had been planned for a long time. ‘Twenty human traffickers have already been arrested[.] They had just been waiting for the right opportunity.’”

While the view that most of the Tunisians who have arrived to date in Italy will not qualify for asylum or subsidiary protection is shared by many others, if and when people begin fleeing directly from Libya, whether they be Libyan or non-Libyan, there will almost certainly be a much larger number of qualified asylum seekers in any new migrants flows, especially if the Gaddafi regime remains in power.

Click here for article.

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by | 21 Feb 2011 · 21:51

Libyan Interior Minister Met Commissioner Malmström on 15 Feb.

According to the EU Observer, Libya’s Interior Minister met last week with Commissioner Cecilia Malmström: “It emerged on Monday  [21 Feb.] that the Libyan interior minister, Abdel Fatah Younes, visited EU home affairs commissioner [Cecilia Malmström] last Tuesday (15 February) to discuss ‘how to put into practice’ an agreement reached in October on immigration co-operation.  The commission last year offered the country some €50 million euros to assist in efforts to prevent irregular migrants from reaching the Mediterranean’s northern shores. At the meeting, it is thought that a figure of 2 million refugees was brandished by Mr Younes.”

It is unclear from the article whether Libya used this meeting with Malmström to communicate a threat to halt cooperation on irregular immigration similar to the one that was communicated to the Hungarian Ambassador to Libya on 17 February or whether this was an otherwise routine meeting in furtherance of the EU-Libya framework agreement.

Click here for article.

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by | 21 Feb 2011 · 18:09

Frattini and Berlusconi Slow to Criticise Gaddafi

As reported by the EU Observer, while the EU and most member states are now condemning Libya’s actions, “[o]n the other side of the EU divide, Italy is horrified at the possible loss of a close ally. Foreign minister and ex-EU-commissioner Franco Frattini is trying to convince other European states that Mr Gaddafi has promised constitutional reforms and that the bloc should allow him to make good. ‘Italy as you know is the closest neighbour of both Tunisia and Libya so we are extremely concerned about the repercussions on the migratory situation in the southern Mediterranean,’ Mr Frattini told reporters on Sunday. The previous day, Prime Minister Silvio Berlusconi said he did not want to ‘disturb’ his long-time friend with appeals for restraint.”

Click here for article.

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by | 21 Feb 2011 · 06:58

Limited Migrant Landings Resume on Lampedusa

Several boats carrying over one hundred persons have arrived in Lampedusa over the past 24+ hours.  The new arrivals are likely due to better sea and weather conditions.  Tunisian authorities arrested 40 would-be migrants as they attempted to leave Tunisia by sea on Saturday night.

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

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