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 | 05 May 2010 · 04:15

Eurostat 2009 Asylum Statistics Released

Eurostat released asylum statistics for 2009 showing that the largest total numbers of applicants were in France, Germany, and UK and the largest per capita numbers of applicants (relative to member state population) were in Malta, Cypress, and Sweden.

From the Press Release:

“In 2009, there were nearly 261 000 asylum applicants registered in the EU27, or 520 applicants per million inhabitants. The main countries of citizenship of these applicants were Afghanistan (20 400 or 8% of the total number of applicants), Russia (20 100 or 8%), Somalia (19 100 or 7%), Iraq (18 700 or 7%) and Kosovo under UN Security Council Resolution 1244 (14 200 or 5%).”

“In 2009, the highest number of applicants were registered in France (47 600 applicants) followed by Germany (31 800), the United Kingdom3 (30 300), Sweden (24 200), Belgium (21 600), Italy (17 500), the Netherlands (16 100), Greece (15 900) and Austria (15 800).  When compared with the population of each Member State, the highest rates of applicants registered were recorded in Malta (5 800 applicants per million inhabitants), Cyprus4 (3 300), Sweden (2 600), Belgium (2 000) and Austria (1 900).”

“In some Member States, a large proportion of the applicants came from a single country. The Member States with the highest concentrations were Malta (60% of the applicants came from Somalia), Lithuania (54% from Russia), Poland (54% from Russia), Hungary (38% from Kosovo under UN Security Council Resolution 1244) and the Netherlands (37% from Somalia).”

Click here for Eurostat News Release.

Click here for Times of Malta article.

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by | 04 May 2010 · 18:10

Gadhafi Suggests EU-Funded Program to Combat Illegal Immigration

As noted on Euromed-Migrasyl, in an interview with Der Spiegel, Libyan leader Moammar Gadhafi, has suggested that the EU pay Libya €5 billion “to combat illegal immigration”:

“SPIEGEL: In recent years, thousands of people have drowned as they tried to flee from Africa across the Mediterranean to Europe. What can you do to help end this tragedy?

Gadhafi: The European Union should annually pay Libya €5 billion ($6.6 billion) via a special fund to combat illegal immigration. We have a precisely calculated plan to solve this problem.

SPIEGEL: What kind of plan is this?

Gadhafi: We will organize housing and employment projects in the refugees’ African countries of origin so they remain there. We will do the same for those who are already in Libya, give them a place to live and create jobs for them. Furthermore, we are bolstering our border security on land and water with modern radar equipment and vehicles.”

During the interview Gadhafi also called for dissolution of Switzerland and said that his “closest friend in Europe is Italian Prime Minister Silvio Berlusconi.”

Click here for Der Spiegel article.

Click here for second article.

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by | 04 May 2010 · 14:56

Int’l Law Observer: Italy’s Asylum Policy Violates Int’l Law

Some additional comments on the Council of Europe CPT’s condemnation of Italy’s push-back practice in the Mediterranean can be found in a post by Michèle Morel on International Law Observer.

The “conclusion of the CPT is highly important in the light of the coming decision of the European Court of Human Rights on Italy’s asylum policy. It is a powerful signal, not only towards Italy but also towards other European countries carrying out the practice of intercepting and returning migrants without human rights guarantees, such as Spain and Greece.”

Click here for the complete post.

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by | 04 May 2010 · 05:24

LIBE Considering Legal Challenge to Council and Commission Over New Frontex Guidelines

Times of Malta reported on Monday that Maltese MEP and LIBE Committee member, Simon Busuttil, who is the EPP coordinator on LIBE, has received a positive legal response to his question regarding whether sufficient grounds exist to bring a legal challenge against the Council and the Commission in regard to the recently approved Frontex sea operation Guidelines.  This report follows by a few days Commissioner  Malmström’s first visit to Malta and the reaffirmation by Malta that it will not host Frontex’s Operation Chronos.

The Times of Malta states that “The EP’s legal unit advised there were enough grounds to take the EU Council and European Commission to court on the basis that the rules exceed the two institutions’ powers under the EU Treaties.”  MEP Busuttil was quoted as saying “I have already gone on record saying that I will not let this one go and this legal advice opens the way to court proceedings to invalidate these rules. I am reasonably confident that the European Parliament has a good case and the European Commission would do well to take this possibility into account and start thinking about Plan B.”

Click here for article.

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by | 03 May 2010 · 04:17

Malmström: Frontex Sea Operation Guidelines May Be Re-Negotiated by Participating Member States

Commissioner Cecilia Malmström was in Malta on 30 April for meetings with Maltese officials.  Malta recently reaffirmed its decision not to host Frontex’s Operation Chronos.  Malmström trip was planned before Malta’s announcement.  There is no indication that Malta changed its position during Malmström’s visit.

Malmström was interviewed during her visit by the Times of Malta and said that the new guidelines governing Frontex enforcement operations at sea could be negotiated by member states on a mission by mission basis.  The new guidelines require that intercepted migrants be taken to the country hosting the Frontex mission, but  Malmström said there is the possibility before a mission starts that the participating member states agree on different rules of engagement, which might include the sharing of responsibility where not all intercepted migrants would be brought to country hosting the mission.

Presumably participating member states would not be permitted to negotiate substantive mission by mission changes to the guidelines so as to undercut the very reasons for which the guidelines were recently adopted.

Click here for Times of Malta article.

Click here for video of Times of Malta Interview.

Click here, here, and here for other articles regarding the visit.

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by | 01 May 2010 · 20:38

14th Ministerial Meeting of Africa-EU Dialogue

The 14th Ministerial Meeting of the Africa-EU Dialogue was held in Luxembourg on 26 April.  The meeting topics included preparation for the second Action Plan (2011-13) and the upcoming 3rd AU-Africa Summit which will be held in November 2010.  For more information on the Africa-EU Partnership and Dialogue see the EC Development web site and the Europafrica web site.  One of the eight thematic partnerships of the Dialogue is Migration, Mobility and Employment.

Click here for the Ministerial Meeting Communiqué.

Click here for the EC Development web article.

Click here for the 2007 Action Plan on Migration.

Click here for information on the Partnership on Migration, Mobility and Employment from Europafrica.net

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by | 01 May 2010 · 04:31

UNHCR Research Paper: Les violences faites aux femmes pendant leur voyage clandestin: Algérie, France, Espagne, Maroc

Un nouveau rapport du HCR (UNHCR Research Paper) par Smaïn Laacher a été publié: “Les violences faites aux femmes  pendant leur voyage clandestin: Algérie, France, Espagne, Maroc.”

Extraits:

“L‟objet de notre mission a porté sur les violences faites aux femmes migrantes pendant leur voyage clandestin. Les femmes qui constituent la population de notre étude sont des femmes qui ont quitté illégalement leur pays et ont voyagé jusqu‟au Maroc, en Algérie, en Espagne, et en France. *** Les violences subies par les femmes pendant leur voyage clandestine … , dont la plus destructrice est la violence sexuelle, visent principalement des êtres sans défense, c‟est-à-dire des femmes qui n‟ont pu ou qui ne peuvent pas être défendues, précisément parce qu‟elles n‟existent pour personne, si ce n‟est que pour elles-mêmes et pour leurs agresseurs. ***”

Cliquez ici pour télécharger le rapport.

Cliquez ici pour télécharger le rapport.

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by | 30 Apr 2010 · 04:15

Malmström: Right to Seek Asylum At Sea Should Be Respected

Commissioner Cecilia Malmström held meetings in Italy yesterday and has meetings in Malta today.  In her meeting with Italian Foreign Minister Franco Frattini she suggested that any possible future migration agreement between the EU and Tripoli ”would not follow the model of the [current migration] agreement between Italy and Libya.”  ANSA reported she said that while it is ”important to try and begin dialogue” with Tripoli, ”if there is an agreement, it is clear that the fundamental condition for Libya must be adherence to the Geneva Convention or the equivalent among African states ”on the rights of political refugees.”

In regard to current practices, Malmström said that the right to seek asylum should be respected even when one is already at sea. (”Bisogna comunque – ha concluso la Malmstrom – rispettare il diritto di chiedere asilo quando si e’ gia’ in mare”.)

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

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by | 30 Apr 2010 · 03:42

UNODC Migrant Smuggling Issue Papers

The UN Office on Drugs and Crime’s (UNODC) Anti-Human Trafficking and Migrant Smuggling Unit has posted two Issue Papers on migrant smuggling on its web site: “A Short Introduction to Migrant Smuggling” and “Migrant Smuggling by Air.”  The occasional “Issue Papers [discuss] aspects of the crime of migrant smuggling and the global response to it. Issue Papers bring together expertise from practitioners around the world in an effort to support information sharing between those working in various capacities to prevent migrant smuggling, protect smuggled migrants and prosecute those who commit the crime.”

Click here for link to Issue Papers.

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by | 29 Apr 2010 · 05:54

Council of Europe’s Committee for the Prevention of Torture Report is Highly Critical of Italy’s Push-Back Practice

The Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) published on 28 April its report on its visit to Italy in July 2009 and the official response to the report from the Italian Government.

In the CPT’s view, “Italy’s [push-back] policy, in its present form, of intercepting migrants at sea and obliging them to return to Libya or other non-European countries, violates the principle of non-refoulement, which forms part of Italy’s obligations under Article 3 of the European Convention on Human Rights.”

“The so-called push-back policy, as pursued by the Italian authorities and described in this report, does not meet [the] requirements [ of the ECHR]. The CPT urges the Italian authorities to substantially review forthwith the current practice of intercepting migrants at sea, so as to ensure that all persons within Italy’s jurisdiction – including those intercepted at sea outside Italian territorial waters by Italian-controlled vessels – receive the necessary humanitarian and medical care that their condition requires and that they have effective access to procedures and safeguards capable of guaranteeing respect for the principle of non-refoulement.”

The CPT is also very critical of the lack of cooperation received from the Italian Government: “Regrettably, the co-operation received at the central level [of the Italian Government] was, in certain respects, unsatisfactory. The delegation was denied access to some documents and information it had requested, which did not facilitate its task. Other information requested by the delegation prior to and in the course of the visit was not provided in a timely manner and when eventually furnished was, moreover, incomplete.”

“For instance, information requested pertaining, inter alia, to the logbooks from each push-back operation and the names of personnel responsible for the operations, which the authorities undertook to provide to the delegation, was subsequently refused on grounds of confidentiality. Also, the Italian authorities denied the existence of a list/inventory of objects seized from migrants in the course of a push-back operation, a copy of which the delegation had requested, and yet certain representatives of the Navy had told the delegation that such a list had indeed been compiled.”

“Further, the CPT’s delegation learned from the press, and not from the Italian authorities, that during the visit, on 29-30 July 2009, a push-back operation took place. … In the Committee’s view, when a CPT delegation carries out a visit to a Party to the Convention focussing on a specific issue made known in advance, the State authorities should, in a spirit of co-operation, endeavour to keep the visiting delegation informed of significant events pertaining to that same issue.”

Click here for CPT Press Release.

Click here for the CPT Report.

Click here for the Response of the Italian Government.

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by | 29 Apr 2010 · 05:28

Malta Says Frontex Chronos Mission Not Needed Due to Success of Italy-Libya Push-Back Agreement

Malta previously said that it would not host Operation Chronos, Frontex’s annual central Mediterranean enforcement operation, formerly known as Nautilus, due to the recently approved guidelines governing Frontex enforcement operations at sea which require that intercepted migrants be taken to the country hosting the mission under certain circumstances.

But the Times of Malta is reporting that a Maltese government spokesperson said that the decision not to host Frontex is not because of the new guidelines, but is due to Malta’s view that there is no longer a need for Operation Chronos because of the success of the Italy-Libya migration agreement. “The reason why we decided not to take part in this year’s mission is that we feel there is no need for this year’s EU patrol.  We have noticed that, following the introduction of joint patrols by Libya and Italy last year, the number of illegal immigrants reaching Malta has dropped significantly. We feel that, as long as this operation remains in place, there is no real need for another anti-migration mission on behalf of the EU.”

The Times article reports that 84 boats carrying 2,775 migrants arrived in 2008 and that this number was reduced in 2009 to 17 boats carrying 1,475, with the majority of arrivals occurring in the first half of 2009 before the Italian push-back policy was implemented.

Commissioner Cecilia Malmström travels to Rome and Malta this week for meetings with officials on asylum and migration issues.

Click here for article.

Click here, here, and here for earlier related posts.

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by | 28 Apr 2010 · 14:48

MSF: Violence sexuelle et migration sur la route de l’Europe

Comme indiqué sur le blog EuroMed-MigrAsyl: Un nouveau rapport a été publié par la section espagnole de Médecins Sans Frontières: “Violence sexuelle et migration: La réalité cachée des femmes subsahariennes arrêtées au Maroc sur la route de l’Europe.”

“Ce document vise à faire connaître la problématique de la violence sexuelle subie par les femmes migrantes d’origine subsaharienne qui arrivent au Maroc alors qu’elles tentent de gagner l’Europe. Au travers des données et témoignages recueillis lors de ses projets d’action médico-humanitaire, Médecins Sans Frontières souhaite contribuer à la recherche d’une réponse globale à cette problématique qui touche toujours plus de femmes, et des femmes de plus en plus jeunes.”

“La violence est toujours présente et dans les mêmes proportions que dans les années précédentes : 39 % des [des migrants subsahariens] interrogés pendant  le recensement ont reconnu avoir subi une agression.”

Cliquez ici pour télécharger l’article.

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by | 28 Apr 2010 · 05:07

Thomas More Institute: Towards a Sustainable Security in the Maghreb – An Opportunity for the Region

The Thomas More Institute has released a report, “Towards a Sustainable Security in the Maghreb –  An Opportunity for the Region, a Commitment for the European Union.”  The report was released on 7 April at the “Maghreb and the European Union: Enhancing the partnership for a sustainable security” conference in Brussels.

From the Executive Summary:  “The relationship between Europe and the Maghreb is a complex, multidimensional and somewhat passionate one. The two areas share a common history and are bound by common interests. United against a number of joint challenges (economic development, regional stability, fight against terrorism, migration, sustainable development), it is time for the two shores of the Mediterranean to reconsider the basis for their cooperation. [***] The EU is well aware of what is at stake and must now look for ways of making a more active commitment in the region, particularly on sensitive issues such as human rights and migration. [***] The question of migration, which extends as far as the Sahelian area, is another area of cooperation which needs to be looked into in more depth, since the EU’s policy of limiting migratory flows can no longer be restricted to the northern border of the Maghreb. Reinforcing the role of the European agency FRONTEX throughout the area, for example by opening regional offices and assigning resources, is one possible solution. Intensifying efforts to coordinate development assistance policies between the EU and Maghreb countries to help Sub-Saharan African countries that represent sources of immigration is another solution that should not be ignored.”

A further excerpt: “A need for increased cooperation between the European Union and the Maghreb – Europe’s policy on migration is based on the principle that the great era of mass migrations is over, replaced by a new international division of labour, whereby a foreign workforce is substituted for the national workforce, and by policies that involve returning and rehabilitating non-Europeans in their countries of origin and internal mobility for Europeans within an area with no interior borders. European countries – and the Community, followed by the EU – concentrated their efforts on border control, in a securitarian view dictated by the migratory risk and concerns about the challenges of integration. Schengen relegated the countries of the Maghreb, and others, to the status of “outsider countries”, with which human circulation is restricted. This logic was maintained by the militarisation of borders which started in 1988 when barriers were built around the Spanish enclaves of Ceuta and Melilla, then as of 2002 by the installation of the Integrated System of External Vigilance (SIVE) around Gibraltar and later along the Spanish coasts – including the Canary isles – comprising twenty-five detection points, a dozen mobile radar and ten or so patrol units. The attacks perpetrated on September 11th reinforced the security component and, following the creation of FRONTEX (European Agency for the Management of Operational Cooperation at the External Borders) in 2005, other areas were militarised, with preventive sea and air patrols in the Mediterranean and even in the Atlantic, near the Canary isles. The EU also provides its members with technical assistance. [***] The Maghreb has made a real effort to contribute and cooperate with the EU in the fight against immigration.  In February 2004, Morocco and Spain started joint patrols and in 2008, cooperation was reinforced by improving controls in the ports of Tangier and Algeciras.  According to the Spanish authorities, the result was an overall drop of 60% in illegal immigration originating in Morocco between 2007 and 2008.  The decrease in illegal Moroccans was reportedly around 38%. However, reinforced controls caused a shift in migratory routes. According to the Italian Ministry of the Interior, the number of illegal immigrants arriving in Italy by sea rose by 75% between 2007 and 2008. 14 000 people arrived in Italy illegally in 2007, whereas the figure was in excess of 40 000 in 2008. Following the signature of the Benghazi treaty between Italy and Libya on 30th August 2008, Italy obtained greater assistance from Tripoli in the form of bilateral cooperation on illegal immigration and the application of the December 2007 agreement on joint patrols off the Libyan coasts, plus the installation of radars by Finmeccanica at Libya’s southern borders.”

Click here for full Report.

Main routes of present-day Trans-Saharan migrations

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by | 28 Apr 2010 · 03:44

Spain Adds New SIVE Radar Stations

The Spanish Ministry of Interior is investing €3.8 million to expand the SIVE network in Valencia.  The two new SIVE radar stations are in addition to the four SIVE radar stations that operate on the Alicante coast in Cabo Roig, Santa Pola, Sierra Frost, and Denia.  According to ABC, the Ministry of Interior acknowledges that SIVE has numerous problems and that since its entry into operation last September in Alicante, SIVE has detected only four of the fifteen illegal boats discovered on the coast.

ABC also reports that despite the problems with SIVE on the Alicante coast, Frontex’s coming summer enforcement operation, Operation Indalo, will not extend to Alicante.  Operation Indalo, using patrol boats and helicopters from Spain, Portugal, France, Italy, Malta and Luxembourg, will be deployed along the Spanish coast from Granada to Murcia.

Click here (ES) for article.

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by | 27 Apr 2010 · 05:17

EDA Report on Maritime Surveillance in Support of CSDP

The “Wise Pen Team” Final Report to the EDA Steering Board on Maritime Surveillance in Support of the Common Security and Defence Policy (CSDP) was released on 26 April.

The EDA Press Release states: “the Ministerial Steering Board received the report of the Wise Pen Team of five retired admirals on Maritime Surveillance in support of CSDP. The central message of the report is the need for linking national and international military and civilian assets in order to create a federated maritime surveillance network. The report contains concrete recommendations and will provide an important contribution to the activities on Integration of Maritime Surveillance, led by the European Commission.  ‘The Wise Pen Team’s report has already had a major impact. It has brought different actors together, civilian and military, which will be crucial for developing effective Integrated Maritime Surveillance’, Catherine Ashton stated. She added: ‘My dual-hat capacity as High Representative and Vice-President of the Commission has exactly been created to realise the synergies we need in the EU between the civilian and military sides in areas like Maritime Surveillance.’”

Executive  Summary: “[***] Increasing maritime insecurity, not least terrorism, piracy and illegal immigration, has highlighted the need to improve European security by integrating maritime policy making, sharing information more effectively and transparently and coordinating a collective response to security challenges. Many useful initiatives are already underway, but there is the need to make graduated improvements in co-ordination and integration which are affordable and not technologically difficult. [***]”

I have not attempted to read this 50+ page document yet, but it may of interest to some.

Here is the Table of Contents:

  • Introduction: Trends in the Economy and Maritime Security Context
  • The Interim Conclusions of the Intermediate Report
  • Changes Since the Issue of the Intermediate Report
  • Maritime Surveillance. Its Aims and Purposes
  • Naviesʼ Contribution to Maritime Surveillance
  • Tools and Networks
  • Alternative Organisational Approaches
  • Data, Information, Knowledge
  • Preferable Approaches
  • Conclusions and Recommendations

Click here for the Report.

Click here for EDA Press Release.

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