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 | 18 Jun 2010 · 05:35

CEAR Releases 2010 Annual Report: La situación de las personas refugiadas en España

CEAR (Comisión Española de Ayuda al Refugiado) has released its 2010 annual report: “La situación de las personas refugiadas en España – INFORME 2010.”  The report is 350+ pages long.  I will try to review it and do an additional post on some portions of the Report in the coming days.

From CEAR’s web page: “Presentamos el octavo Informe Anual en un momento de grave preocupación por la garantía efectiva del derecho de asilo en España y en el mundo. En el año 2009 poco más de 3.000 personas solicitaron asilo en nuestro país, la cifra más baja desde que se contabilizan estos datos. Por el contrario, las demandas de protección internacional han aumentado en el ámbito de la Unión Europea y otros países industrializados. La pregunta clave es: ¿por qué no llegan refugiados a España? Pregunta que cobra aún más importancia si tenemos en cuenta que la situación en los países de origen de los solicitantes de asilo no ha mejorado, tal y como se analiza a lo largo de este Informe, como la situación de la R.D. Congo, América latina o Sri Lanka. La respuesta a este descenso de las solicitudes de asilo se desvela a lo largo del documento.

La publicación de este Informe Anual coincide con los primeros pasos para la puesta en práctica de la nueva Ley de Asilo, aprobada en octubre de 2009. CEAR volcó todos sus esfuerzos para hacer llegar a los grupos parlamentarios y a la sociedad sus propuestas para fortalecer el derecho de asilo como institución en España.

Uno de los mayores recortes de la nueva ley es la supresión de la vía diplomática para el acceso al asilo, por eso desde estas páginas CEAR realiza un recorrido por las últimas solicitudes por esta vía. También hace especial hincapié en el análisis de las demandas en frontera y de los Centros de Internamiento para Extranjeros (CIE). Por otro lado, la edición del octavo Informe coincide con la Presidencia española de la Unión Europea, por lo que se analizan las líneas políticas de actuación que ya se establecieron en el Pacto Europeo sobre Inmigración y Asilo de 2008. Este Informe presenta un completo recorrido desde la solicitud de asilo hasta la resolución de los casos, acompañado de un completo apéndice estadístico, sin prescindir de todo lo referente a la acogida, integración social e inserción sociolaboral de las personas refugiadas en España.”

Click here for the report (ES).

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by | 18 Jun 2010 · 05:26

Frontex: Collaboration With African Countries Contributed to Reduction in Irregular Migrants in 2009

Speaking at a press conference in Athens earlier this week, Gil Arias Fernandez, Frontex’s deputy executive director, credited the global recession as the key factor in 2009 for the reduced numbers of migrants seeking to enter the EU.  He also credited “good collaboration from the African countries where immigrants usually depart[,]” referring to measures taken by Libya, Mauritania and Senegal to prevent migrants from leaving the countries.

Click here and here for articles.

Click here and here for earlier posts on Frontex’s 2009 General Report.

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Filed under Data / Stats, European Union, Frontex, Libya, Mauritania, News, Senegal, Statements

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by | 17 Jun 2010 · 05:21

ECRE: Can EU Trust Libya With Refugee Protection?

ECRE issued a press release last week regarding Libya’s decision to expel the UNHCR:

“Bjarte Vandvik, Secretary General of the European Council on Refugees and Exiles (ECRE) said: ‘UNHCR’s expulsion from Libya will hopefully be temporary but it does reveal the unreliability of this regime, as well as its understanding of refugee protection. How will the EU ensure that Libya keeps its word regarding commitments towards human rights? How can the EU trust such a partner?’”

“ECRE calls on the EU to seriously reconsider its cooperation on asylum and refugee issues with Libya, a country that is not a party to the 1951 Geneva Refugee Convention. In particular, negotiations on an EU – Libya framework agreement must now be reviewed, as should any EU funding that supports Libyan authorities in intercepting refugees along their Southern border…. While UNHCR”s presence does not make Libya a safe place for refugees, the decision to prevent UNHCR from operating in the country once again illustrates the real intentions of the Libyan authorities when it comes to refugee protection. The EU cannot simply continue to ignore this reality but should make clear that the protection of refugees is still a fundamental value of the EU.”

(HT to Ana Lopez, ECRE’s Media and Information Officer).

Click here for full ECRE statement.

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by | 17 Jun 2010 · 03:45

UNHCR Report: 2009 Global Refugee Trends & Guardian Data Map

The UNHCR released its annual report this week for last year: “2009 Global Trends- Refugees, Asylum-seekers, Returnees, Internally Displaced and Stateless Persons.”

The UNHCR estimates that approximately 43.3 million people were forcibly displaced at the end of 2009.  South Africa continued in 2009 to be the destination country receiving the largest number of new asylum seekers (222,000).  The US and France were second and third with less than 50,000 new asylum seekers.

The Guardian’s Data Blog published an interesting graphic with the UNHCR statistics.

Click here for UNHCR web article.

Click here for link to the UNHCR Report.

Click here for link to the Guardian’s map.

[UNHCR refugee statistics mapped. Illustration: Paul Scruton for the Guardian.]

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by | 16 Jun 2010 · 05:25

Side Meeting on Boat People at Upcoming UNHCR-NGO Consultations

The annual UNHCR-NGO consultations will take place beginning 29 June (registration is closed).  Various side-meetings will also be held, including one on 1 July: “A hearing on Boat People: Different people, different needs and rights to protection.” Palais des Nations, Geneva, 13h15 – 14h45, Room XXII

“A hearing on Boat People: Different people, different needs and rights to protection.

Brief description: What are the needs of today’s boat people—and how can these needs be differentiated and matched to rights and practical responses of protection and assistance—among boat people arriving in Europe or Yemen from Africa; in the US from Haiti; in various parts of south and southeast Asia and Australia from Burma or Sri Lanka, or following other sea crossings? This session is organized as a hearing, not a series of presentations. It will begin with a brief introduction of the importance of differentiating needs and rights to protection and assistance among all the people arriving, (i.e., refugees, victims of human trafficking and smuggling, victims of torture, children, etc.) Conclusions from an experts roundtable in Tunis last year will then be offered as a reference, which participants will be invited to comment upon and at the end of the session, consider supporting. During the bulk of the session however, panelists from UNHCR, IOM, IFRC and UNODC will serve as a hearing board: listening, probing and recording the experience, concrete practices and recommendations of NGO participants who respond to boat people, either in Europe or in other parts of the world. Input will then be organized and submitted to the international organizations and to government policy makers, including the European Union and Council of Europe through the new EU-funded NGO partnership “DRIVE” (Differentiation for Refugee Identification and Vulnerability Evaluation).”

Click here for full Side Meeting agenda.

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by | 16 Jun 2010 · 05:03

Migreurop: What Price Will Europe Pay if Gaddafi Authorises UNHCR’s Return to Libya?

Migreurop takes the position that Libya’s recent decision to expel the UNHCR is a negotiating tactic that will be used to leverage more money and concessions from the European Union in the context of the ongoing EU-Libya partnership negotiations and poses the important question:  What Price Will Europe Pay if Gaddafi Again Authorises UNHCR’s Return to Libya?  The UNHCR’s presence in Libya has played an essential role in Europe’s immigration policy, specifically Europe’s migration management and border outsourcing:

“Thanks to UNHCR’s presence in Tripoli, Europe and Italy, which concluded its agreement with Libya in August 2008, were able to claim that the boat people who were forcibly returned to Libya could find a minimal level of security and protection. Everyone knows full well that this was a smokescreen: the conditions under which migrants are treated in Libya are well documented and well known to European authorities and institutions.”

“The presence of the UNHCR in Libya justified the policy of externalisation and deportation carried out by the EU. … Libya has now raised the stakes and the UNHCR is an accomplice in the sordid negotiations:  UNHCR’s return is already planned.…”

Click here or here for Migreurop’s full statement / analysis (FR).

Click here for previous post.

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

by | 10 Jun 2010 · 04:43

More on Libya’s Decision to Expel UNHCR

Libya’s decision to expel the UNHCR from Libya was made public during the seventh round of Framework Agreement talks between the EU and Libya.  The talks concluded yesterday in Tripoli.  “[Libya’s Deputy Foreign Minister Mohammed Tahar] Sayala said the main stumbling blocks to progress were illegal immigration and the International Criminal Court (ICC), which Libya does not recognise.  [Sayala] said Libya wanted financing and equipment [from the EU] for the surveillance of its borders, both on land and sea.”

Amnesty International criticized the decision to expel the UNHCR and called on Libya to reverse the decision:

“[***] The move to expel the UNHCR came against the backdrop of the 7th round of negotiations, which started on 6 June in Tripoli, between Libya and the EU over a Framework Agreement, which addresses bilateral cooperation in the control of irregular migration, among other issues, including potential readmission agreements for third-country nationals, who have transited through Libya on their way to Europe. EU member states, most notably Italy, have been seeking Libya’s assistance in decreasing the flow of arrivals of asylum-seekers and migrants to European shores. The expulsion of the UNHCR further casts doubt on Libya’s commitment to respect its obligations under the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa. It also shows how essential it is to include effective human rights safeguards and adequate standards of protection in any bilateral agreements with Libya in the field of the control of migration. [***]”

The European Commission also expressed “concern” with Libya’s decision “but sees it as one more reason to engage in ‘dialogue’ with General Gaddafi’s country on immigration and asylum.”

And as noted by Michèle Morel on International Law Observer, even though Libya is not a signatory to the UN Refugee Convention, Libya is bound by customary international law which prohibits refoulement to countries where there is a risk of torture, “[t]herefore, while Libya itself has no asylum system for the examination of asylum seekers’ situations, refusing to allow UNHCR to carry out its activities in Libya would amount to a violation of international human rights law.”

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

Click here for Amnesty International’s statement.

Click here for link to ILO post.

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by | 09 Jun 2010 · 05:20

EU-Libya Resume Partnership Talks

The seventh round of negotiations on the EU-Libya partnership accord began on 8 June in Tripoli.  According to the AFP, EU negotiators hope to have a final agreement with Libya signed by the end of 2010.  The current EU delegation is led by Hugo Mingarelli, deputy head of the European Commission for foreign affairs.  The negotiations have been slow for a variety of reasons, one of them being disagreement over immigration topics and the reported pressure on Libya by the EU to sign the UN Refugee Convention.  (See my previous post on Libya’s sudden decision to close the UNHCR office in Tripoli.)

Click here and here (AR) for articles.

Click here for EC External Relations web page on Libya.

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by | 09 Jun 2010 · 05:00

Libya Orders UNHCR Office Closed – Possible Link to EU-Libya Talks on Partnership Accord

The Libyan government has ordered the UNHCR office in Libya to halt all activities and to close it office.  UNHCR has been working in Libya since 1991 even though Libya is not a signatory to the UN Refugee Convention.

The UNHCR said it was not given a reason for the Libyan decision.  Reuters reported that Libya’s Foreign Ministry considers the UNHCR presence within Libya to be illegal since Libya is not a signatory to the Refugee Convention.  Reuters also says that JANA, the Libyan news agency, accused a UNHCR official of carrying out an unspecified illegal activity.

The Libyan newspaper Oya and other reports say that the EU is pressuring Libya in the ongoing EU-Libya Partnership Talks to sign the Refugee Convention and that illegal immigration is one of the main areas of disagreement in the current negotiations.

The UNHCR said in a press release “[i]n the absence of a national asylum system, UNHCR has carried out registration and refugee status determination, visiting detention facilities and providing medical and humanitarian assistance to detainees.”  Among the asylum seekers detained in Libya over the past year are persons who were forcibly returned to Libya by Italian authorities pursuant to the Italy-Libya migration agreement.

Click here for UNHCR press release.

Click here for Oya article (AR).

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

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by | 08 Jun 2010 · 15:21

UNHCR Criticises Delay by Italy and Malta in Launching Search and Rescue of Migrant Boat

“UNHCR is concerned about delays in a search-and-rescue operation on Sunday and Monday [6-7 June]  involving a boat carrying more than 20 people, mostly Eritreans, near Malta. Distress calls were received on Sunday evening, including by UNHCR, and passed to Maltese and Italian maritime authorities. It is unclear which country had search-and-rescue responsibility when the distress calls were first sent. According to information made available to UNHCR, the boat was only rescued late on Monday, and by Libyan vessels.”

The persons on board the boat have reportedly been taken to Libya.

Click here for UNHCR statement.

Click here and here for articles.

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by | 07 Jun 2010 · 06:18

Spanish Court Rules that Schengen Treaty Prevents Asylees From Leaving Ceuta and Melilla

As noted on Diario de la Inmigración, a Spanish Court in Ceuta (el Juzgado Contencioso Administrativo número 2 de Ceuta) has ruled that persons granted asylum or subsidiary protection may not leave Ceuta for the Spanish peninsula.  The court agreed with the position of the Spanish government and ruled that the two autonomous cities of Ceuta and Melilla are not part of the Schengen area and that proper documentation is therefore required to enter the Schengen area from the cities.  The court concluded that the “yellow card” (“tarjeta amarilla”) issued to persons granted asylum or subsidiary protection is insufficient documentation to enter the Schengen area.

The UNHCR and CEAR have previously criticised the Spanish’s government new policy of restricting the free movement of persons in Ceuta and Melilla who have been granted asylum or subsidiary protection.  UNHCR believes that the restrictions on free movement violate article 5 of Spain’s 2009 asylum law (la ley 12/2009, de 30 de octubre).

Click here, here, and here for articles (all ES).

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by | 05 Jun 2010 · 00:12

EP Seminar on Combating and Preventing Trafficking in Human Beings (10 June, Brussels)

NB – Registration to attend must be emailed by 16.00, Monday, 7 June.

“On Thursday 10 June 2010 LIBE will hold jointly with the Women’s Rights and Gender Equality Committee (FEMM) a seminar on “Combating and preventing trafficking in human beings: the way forward” to have an exchange of views contributing to drafting a co-decision report by Anna HEDH (S&D, SE) (LIBE) and Edit BAUER (EPP, SK) (FEMM).”

“REGISTRATION – This Round Table meeting is open to the public. We would ask the participants to send their registration before Monday 7 June at 16.00.  For security reasons, participants who do not have a European Parliament access badge must obtain a pass in advance.  Please send the following information to the joint FEMM-LIBE mailbox: ip-femm-libe@europarl.europa.eu:

LAST NAME-First name-date of birth*-place of birth*-address*-company/institution/ organisation

It is essential to provide us with this information. Without it the Security Service will not provide entry passes. If you already have an entrance pass, indicate it in the e-mail. In this case the information marked with asterisk (*) is not needed.”

Click here for more information.


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by | 03 Jun 2010 · 06:05

Seminar: Security in the International Law of the Sea

The Hague Academy of International Law is conducting a one week seminar on Security in the International Law of the Sea, in The Hague, 16-22 January 2011. The closing date for applications to attend is 31 August 2010.

“The seminar aims to provide participants with extended and specialized knowledge of the guarantees and mechanisms of implementation of the international law of the sea by focusing on issues of security and the related challenges facing practitioners in the field (further details can be found in the programme as well as in the profile).”

Click here for more information.

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by | 02 Jun 2010 · 03:28

Article: Overview of North African Bilateral Cooperation on the Removal of Unauthorized Migrants

The May 2010 publication by the Middle East Institute (Washington DC), Viewpoints- Migration and the Maghreb, contains several articles including “An Overview of North African Countries’ Bilateral Cooperation on the Removal of Unauthorized Migrants: Drivers and Implications” by Jean-Pierre Cassarino.

Excerpts from the article (at page 34):

“Since 1965, when Bourguiba’s Tunisia signed with Austria its first bilateral agreement on the repatriation of its own nationals, North African countries’ patterns of cooperation on readmission or removal have changed dramatically….

“[R]eadmission agreements are … one of the many ways to consolidate a broader bilateral cooperative framework, including other strategic, and perhaps more crucial, policy areas such as security, energy, development aid, and police cooperation….

“Faced with the uncertainty surrounding the concrete implementation of the cooperative agreements, some EU Member States, particularly those affected by migration flows originating in North Africa (e.g., France, Spain, Italy), set out to devise flexible arrangements while opting for different ways of dealing with readmission. These include exchanges of letters, memoranda of understanding, or other types of arrangements (e.g., police cooperation agreements and pacts)….

“Readmission is embedded in power relations that can shape the intensity of the quid pro quo. Following their proactive involvement in the reinforced police control of the EU external borders, North African countries have become gradually aware that they could play the efficiency card in the field of migration and border management, while gaining further international credibility….”

Click here for link to publication (see p. 34 for this article.)

Click here for the MIREM Project Inventory of Agreements Linked to Readmission.

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by | 01 Jun 2010 · 05:55

EU-Turkey Readmission Agreement Negotiations Continuing

The Turkish paper, Today’s Zaman, reported that Turkey and the EU have reached agreement on 19 articles of a draft readmission agreement, but have been unable to reach agreement on 5 articles.

The news article states that Turkey wants “the readmission agreement [to include] strong funding from the EU, mirroring similar funding that is available to member states under the “resettlement policies” within the European Refugee Fund (ERF), which was established to support and improve the efforts of member states to grant refugee or asylum status to beneficiaries.”

“The [Turkish] government also fears that, without a strong and clear readmission agreement in place, vetting thousands of immigrants and asylum seekers in reception centers while awaiting deportation will open a Pandora’s box for Turkey in the European Court of Human Rights (ECtHR). Turkey ranks second after Russia in terms of the number of cases ending up in the ECtHR and is trying to reduce them by introducing constitutional changes on fundamental rights, due to be submitted to a referendum on Sept. 12.”

“In April, for example, the ECtHR decided in three out of four cases involving refugees recognized by the UN High Commissioner for Refugees (UNHCR) that Turkey would violate Article 3 of the European Convention on Human Rights (ECHR) if the expulsion orders were enforced. The court also criticized the unlawfulness and the conditions of their detention in a police station and in some of the detention centers where they had been held awaiting deportation.”

Click here for article.

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Filed under Aegean Sea, European Court of Human Rights, European Union, Greece, News, Turkey

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