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

Canary Islands – Migrant arrivals at 10 year low

2,242 migrants arrived in the Canary Islands in 2009 compared with approximately 9,000 in 2008.  This was the lowest number of migrant arrivals since 1999 when 2,165 migrants arrived. There were 32 confirmed migrant deaths in 2009 compared to 45 in 2008.

The largest number of migrant arrivals took place in 2006 when 31,859 migrants arrived.  Coordinated Frontex operations were expanded beginning in May 2006.  Since 1994 there have been over 96,000 recorded arrivals.

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

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Filed under Data / Stats, Eastern Atlantic, Frontex, News, Spain

Spanish EU Presidency’s Web Site and Work Programme

The Spanish EU Presidency’s web site is up and running.

Excerpts from a summary of the Presidency’s work programme:

“This will be the fourth occasion that Spain has held the Presidency of the European Union. On each of the previous occasions, it faced important challenges. But none, like now, have coincided with a global crisis like the one that is affecting the economy and at a time as strategic as now in the European transformation process. This gives our Presidency a unique significance and, at the same time, even greater responsibility.”

“Spain has worked very closely with Belgium and Hungary to prepare a joint program for the next 18 months, in accordance with the Treaty, which was presented to the Council of Ministers of Foreign Affairs on the 7th and 8th in Brussels.”

“These are the four main priorities of our Presidency:

• The first and essential priority for the development of the others is the full and effective application of the Lisbon Treaty.

• The second is to guarantee the economic recovery of Europe through greater co-ordination of every member state and the approval of the European strategy for sustainable growth for 2020.

• The third is to reinforce the presence and influence of the European Union in the new world order.

• Finally, the fourth is to place European citizens at the centre of EU policy, with initiatives designed to develop their rights and freedoms.”

“We are also going to encourage dialogue and co-operation with South Mediterranean countries, the stability and prosperity of which constitute a priority for Europe. The structure of the Union for the Mediterranean needs to be configured and its General Secretariat set up in Barcelona.”

“We will also initiate the process for the European Union’s accession to the Convention on Human Rights, and we will approve the Stockholm Programme Action Plan for the European Area of Freedom, Security and Justice, with measures that will have a considerable positive effect on the security of our citizens.”

“We know that dealing with immigration is one of Europe’s greatest challenges. We, who have contributed to the content of European policy on immigration over the last few years, are well aware of the situation.”

“Now we will deal with it in its different aspects, from integration and cooperation with the countries of origin and transit, to the tireless fight against the mafias that exploit the desperation of the less fortunate.”

Click here for full document.

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Thatcher Wanted to Buy Island for Vietnamese Boat People in 1979

Documents released under the UK’s 30 year rule (requiring many Government documents to be turned over to the National Archives after 30 years) reveal that former PM Margaret Thatcher considered the possibility of buying an Indonesian or Philippine island not only for the staging and screening of Vietnamese boat people, but also as a place of resettlement for the Vietnamese.

Click here, here, and here for articles.

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Filed under News, Pacific Ocean, UK, Vietnam

Le nombre de clandestins arrivés en Espagne soit retombé à 7.000

“Le chef du gouvernement espagnol José Luis Rodriguez Zapatero s’est félicité … que le nombre de clandestins arrivés en Espagne soit retombé à 7.000 en 2009 contre 14.000 en 2008, estimant être en train de ‘gagner le combat’ contre l’immigration illégale.”

“Selon des statistiques encore provisoires, le nombre des clandestins subsahariens arrivés cette année dans des embarcations de fortune sur le seul l’archipel espagnol des Canaries, au large de l’Afrique, est retombé à environ 2.250, contre plus de 9.000 en 2008 et un record de 31.600 en 2006.  Le nombre de clandestins arrivés cette année sur les côtes d’Andalousie, en provenance notamment du Maghreb, a en revanche augmenté.”

Zapatero “a attribué cette baisse globale aux accords de coopération conclus avec les pays d’origine en Afrique et au renforcement des moyens de lutte contre l’immigration clandestine, notamment le dispositif européen Frontex au large des côtes africaines.”

Click here for article.

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Filed under Data / Stats, Eastern Atlantic, Frontex, Mediterranean, News, Spain

España: La llegada de inmigrantes ilegales se ha reducido a la mitad

Conferencia de prensa del Presidente del Gobierno, José Luis Zapatero, después de la reunión del Consejo de Ministros:

“ *** En el campo de la seguridad colectiva debería, como antes referí, hacer una referencia a la política de inmigración ilegal, que en alguna de mis comparecencias de esta naturaleza ha sido tema central, también para expresar nuestra satisfacción porque la llegada de inmigrantes ilegales durante 2009 se ha reducido a la mitad en relación con 2008: hemos pasado de catorce mil a siete mil. Se está ganando el combate a la inmigración ilegal después de haber sufrido, como saben, especialmente en 2006 y 2007, años extraordinariamente difíciles. Y se está haciendo gracias a un despliegue amplísimo de política de cooperación con los países de origen, la mayoría de ellos países africanos, y con un refuerzo de todos los medios personales y materiales en la lucha contra la inmigración ilegal. No vamos a bajar la guardia, sabemos que puede haber momento de repunte; pero, afortunadamente, un tema de gran calado y de gran preocupación está en una dirección muy adecuada. *** “

Click here for transcript of Press Conference.

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Puntland Authorities Detain Migrants

The Somaliweyn Website reported that Puntland authorities have arrested over 100 intending migrants:

“‘The exact number of the people whom we have arrested is 110, and they are from different nations in Africa, but the leading numbers of the people are from our immediate neighbour Ethiopia, the entire of these people were intending to cross the wide waters between Yemen and Puntland state, and just before they have accomplished their dreams they were apprehended by our security personnel’ said Musse Ahmed Abdurahman the police commissioner of Puntland state speaking to Somaliweyn Website via the wire. The Police commissioner has also added that lately the number of the persons intending to illegally cross the water between Yemen and Puntland has been rapidly mounting….”

IRIN reported: “‘We have begun to force would-be migrants back to their homes for their own safety. I would rather have them back in their homelands than dying at sea,’ said Muse Ghelle Yusuf, governor of Puntland’s Bari region. He said thousands of Ethiopians and Somalis are currently in Bosasso, the commercial capital of Puntland, intending to cross into Yemen.
‘Our estimate is that as of today [29 December 2009] there are 4,000-5,000 migrants in and around Bosasso,’ Yusuf said, noting that 1,000-1,700 have been arriving in the area daily.”

Click here, here, and here for articles.

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Filed under Gulf of Aden, News, Somalia, Yemen

Le Maroc: Un cul-de- sac pour les migrants en quête d’une vie meilleure en Europe

Un article de La Libre (Belgique) sur les migrants subsahariens au Maroc:

“En contrepartie de son investissement pour bloquer les mouvements de populations subsahariennes, [le Maroc]  a obtenu des aides européennes non négligeables, soit 654 millions d’euros entre 2007 et 2010. Les organisations marocaines de défense des droits de l’homme s’en indignent, lui reprochant d’être ‘le gendarme ou l’arme de régulation de l’Europe’. Les responsables marocains préfèrent, quant à eux, garder le silence sur un dossier bien trop encombrant….”

“Les chiffres officiels font état de 10000 à 15000 migrants bloqués au Maroc, principalement originaires du Mali, du Sénégal, de Gambie, du Congo ou du Libéria. Difficile de donner un chiffre exact pour une population mobile qui évolue dans le cadre d’un système parallèle….”

“La politique restrictive et répressive de ‘bouclage’ des frontières, menée par les pays de l’Union européenne, a eu comme résultat prévisible d’enfermer à l’intérieur même du Maroc les candidats à l’émigration. Ils se retrouvent contraints de rester pour des périodes relativement longues dans une Afrique du Nord qui les dénigre, attendant qu’une occasion de traverser se présente….”

Click here for article.

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Filed under European Union, Morocco, News

NGO Asylum Good Practice Recommendations to Spain, Belgium, and Hungary

CEAR (Spanish Refugee Council), the Flemish Refugee Action (Vluchtelingenwerk Vlaanderen), CIRE (Coordination et Initiatives pour Réfugiés et Etrangers),and the Hungarian Helsinki Committee (Magyar Helsinki Bizottság) have made a series of good practice recommendations to Spain, Belgium and Hungary.  These three countries are “the new Trio of States that will hold the Presidency of the European Union from January 2010 until June 2011, a crucial moment for the development of the EU policy and legislation in the field of asylum … The Trio will therefore play a key role in [the] implementation [of the Stockholm Programme] … The aim of [the recommendations is ] to complement ECRE’s positions and identify, from a more national perspective, those issues where the often diverse experiences of Spain, Belgium and Hungary can be employed to effectively address some of the main shortcomings of asy­lum systems in Europe.”

“As a general recommendation we urge the Trio of States to join their efforts in ensuring that the second phase of the Common European Asylum System will translate the best practices and highest protec­tion standards of the Member States’ national laws into EU legislation. The harmonisation on minimum standards, too often resulted in the lowest common denominators, should not be repeated.”

“[I]t must also be noted that in recent years a worrisome tendency has developed towards the exter­nalisation of responsibility for asylum claims outside the EU to neighbouring third countries. In this respect we recommend the Trio of States to support cooperation with third countries aimed at reinforcing their protection system. At the same time we urge the Trio of States to take a strong and clear position to make sure such cooperation does not become a way for the EU to escape its responsibility to protect under international and EU law.”

Click here for full document.

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Filed under Belgium, European Union, Hungary, Spain, Statements

Workshop: “The Human Costs of Border Control in the Context of EU Maritime Migration Systems”

VU University Amsterdam held a three day Exploratory Workshop in October 2009 on “The Human Costs of Border Control in the Context of EU Maritime Migration Systems.”

Executive Summary of the Workshop’s Goals:

“The ongoing European harmonisation of migration and border control policies has as a side-effect unclear, but definitely rising numbers of fatalities at European borders (different estimates suggest anything between 1.000 and 10.000 annually). This process has considerable consequences for EU institutions, governments, the administrations of EU Member States, for migrants and people assisting migrants, and neighbouring countries. The consequences are diverse in nature, concerning policy, institutions, social cohesion and conflict, and law. However, while these consequences of the Europeanisation of migration policy are the subject of numerous academic studies, until now, the human costs of border control has received only isolated academic attention. There are insufficient data, and a comprehensive analysis is lacking. This workshop aims at bringing together leading European academics from different disciplines working on this issue. The immediate aim of the workshop is to integrate the analyses of those academics, with a view to developing a comprehensive analysis. The ultimate aim is to create a network engaging in comprehensive data gathering and analysis, leading to concrete suggestions to limit the undesirable side-effects of European migration policies.”

Draft workshop papers (which are not to be quoted or cited to without prior consent of the author) included the following:

Martin Baldwin-Edwards
The Human Costs of Border Control: Greece

Anat Ben-Dor
The un-checked dangers of the Israeli-Egyptian Sinai border

Hein de Haas
Trans-Saharan and Trans-Mediterranean migration – Questioning the transit hypothesis

María Hernández-Carretero
Boat migrants’ perspectives on risk

Ernesto Kiza
The Human Costs of Border Control at the External EU Borders between 1999 and 2004

Silja Klepp
A double bind: Malta and the rescue of unwanted migrants at sea

Mehdi Lahlou
The Human and Political Costs of Irregular Migration: Morocco case

Jorrit J. Rijpma
Frontex: successful blame shifting of the Member States?

Click here for more of the Workshop’s working materials.

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Conference: ‘Explaining the Stockholm Programme: Changes and novelties on Immigration and Criminal Justice Cooperation and importance for the UK’ (29 Jan 2010)

“The Centre of European Law together with the generous support of the Representation of the European Commission in the UK are organising a major conference on the Stockholm Programme entitled ‘Explaining the Stockholm programme: Changes and novelties on Immigration and Criminal Justice Cooperation and importance for the United Kingdom.’

By December 2009, the European Council will have adopted the new multiannual programme on Justice and Home Affairs, better known as the Stockholm programme. This programme will have substituted the previous Hague programme adopted on 5 November 2004, which was itself a continuation of the Tampere programme adopted in 1999. The new Stockholm programme will have been adopted under the current Swedish Presidency.

The objective of this conference is to inform academics, practitioners, policy makers and the civil society in general about the Stockholm Programme. It will explore its strengths and weaknesses, particularly with regards to immigration and criminal justice co-operation, and on the role that the United Kingdom will play in these areas at a European level in the future.”

For further details of the programme click here.

“Friday 29 January 2010

Great Hall, Strand Campus, King’s College London 9.30 (registration from 9.00) Free of charge, all welcome

To Register please contact Christine Copping, Centre Manager, Centre of European Law christine.copping@kcl.ac.uk

The conference will be accredited for CPD with the Solicitor’s Regulation Authority and the Bar Standards Board.”

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Filed under Colloques / Conferences, European Union, UK

EMHRN Recommendations to the Incoming Spanish EU Presidency

The Euro-Mediterranean Human Rights Network (EMHRN) has conveyed a series of recommendations to the new Spanish EU Presidency regarding the Union for the Mediterranean and the European Neighbourhood Policy.

Relevant excerpts include:

“Migration and Asylum

[***]

In relation to asylum, the EMHRN wishes to underline the following elements:

Refugees and asylum seekers face great difficulties when trying to reach safe havens in the EU.  Due to push back operations and severe, indiscriminate border control policies, including EU supported operations in third countries, asylum seekers often find themselves trapped in North Africa and in the Middle East (MENA), that do not offer them any sort of protection despite the presence of the UNHCR.

Several countries of the region have not yet ratified the 1951 Geneva Convention on the status of refugees and none of the countries from the region has a proper asylum system. Refugees and asylum seekers face extreme vulnerability and are often prevented from accessing their most basic rights. …

In relation to border control, the EU and its member states are keen on promoting cooperation with third countries with the purpose of better controlling migratory flows. It remains that the EU has, until now, failed to properly integrate a human rights dimension to such cooperation policies.

Most countries of the region criminalize irregular migration. Migrants are being arbitrarily arrested and put in detention, with no possibility of appeal. They may face ill treatment and unlawful deportation.

The conclusion of readmission agreements is promoted by the EU and its members. Negotiations have been ongoing for several years between the EU and Morocco to conclude such an agreement. A mandate has also been given by the Member states to negotiate an agreement with Algeria.

The EMHRN believes that returning migrants to countries other than their own, or to countries where they have no anchor and no legal residency, may put them in danger.

Push back and interception operations, including at sea, are other policy instruments promoted by the EU and its member states. Several of these operations have resulted in endangering the security of migrants and asylum seekers and may have resulted in a violation of the ‘non refoulement’ principle.

The EMHRN acknowledges the right of a state to control its borders. However, the EMHRN calls on the Spanish Presidency to actively promote policies ensuring that

  • • cooperation with third countries from the region does not endanger migrants and refugees.
  • •cooperation policy in the field of border management considers the impact of such measures on the access of refugees to international protection mechanisms, including in Europe.
  • • the EU member states strictly respect the principle of ‘non refoulement’ as well as their obligation under article 3 of the European Convention on Human Rights (ECHR).
  • no person is returned to a country other than its own or where he/she has no legal residency.”

Click here for full recommendations.

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Filed under European Union, Mediterranean, Spain, Statements

France24 Video Podcast: “Yemen, the new Eldorado?”

Video Report by France24 reporters Cyril VANIER and Karim HAKKI.

“We’re standing on a beach in southern Yemen, early one November morning. On the opposite side of the Gulf of Aden lies the Horn of Africa, one of the most troubled regions on earth, racked by civil war and poverty. Those who can pay for their way out, make their way to Yemen. Seventy dollars buys them a spot on the next boat out. Many are beaten on the way, sometimes women are raped, and all too often – passengers drown. Those who reach Yemen will have to start a new life from scratch. The sea is calm this morning, it is high season for illegal boats crossing into Yemen. Last night, we heard a motor boat travelling parallel to the beach. There was no light, no noise on board except for the engine: probably a smuggler using the cover of night to carry his human cargo….”

Click here for link to podcast.

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Filed under Ethiopia, Gulf of Aden, News, Somalia, Yemen

African migrants and their desperate ploy for a better life – Times Online

From The Sunday Times Magazine, 22 November 2009:

“Meet the survivors, bereaved families from Gambia and Senegal, and a man who smuggles the people — at a colossal price.”

“… The routes [African migrants] take are many and varied. From west Africa, migrants trek through the pitiless Sahara to Libya, from there to brave the Mediterranean — or, more perilous yet, strike out for the Canary Islands in fragile canoes known as ‘pirogues’.  If they then cross to the Spanish mainland they will probably do so in tiny, open Spanish fishing boats. An estimated one in every eight migrants who try to travel across the ocean to Europe don’t make it, their bodies carried out into the cold Atlantic. Those who perish are identified only by chance, their skeletons dredged from the sea by Italian and Spanish trawlers, or their bodies washed on to beaches used by holidaymakers…”

Full article:  African migrants and their desperate ploy for a better life – Times Online.

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Filed under Eastern Atlantic, Gambia, Italy, Libya, Malta, Mediterranean, News, Senegal, Spain

Libya’s Selective Immigration Enforcement and Italy’s Foreign Policy Concessions

Dr Emanuela Paoletti, a junior research fellow at Somerville College, Oxford, has an article in the electronic journal Pambazuka News discussing “Libya’s selective enforcement of restrictive immigration policies as a means of gaining foreign policy concessions from Italy.”

“Since the late 1990s, immigration from Libya to Italy had increased significantly, from less than 5,000 in 2000 to 30,000 in 2008. In May 2009, Gaddafi made his first trip to Italy, which was followed by a second visit on the occasion of the meeting of the G20. Concomitant with these visits, there was a drastic reduction in migration from Libya. From 1 May 2008 to 31 August 2008, 15,000 people arrived to Italy from Libya; in the same period in 2009 only 1,400 have landed on Italian shores. The Italian minister of interior, Roberto Maroni could recently announce, immigration from Libya in 2009 has decreased by 90 per cent compared to 2008. What explains the drastic decrease in ‘illegal’ migration from Libya to Italy?”

Click here for the full article.

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Filed under Analysis, Italy, Libya, Mediterranean

Frontex and Other EU Agencies to Coordinate Maritime Surveillance

According to identical news releases issued by Frontex and the Community Fisheries Control Agency (CFCA), Frontex, the CFCA, and the European Maritime Safety Agency (EMSA) have entered into an agreement “with a view to cooperate, in accordance with their respective mandates, in the field of maritime surveillance that will be mutually beneficial for the three agencies.”

The press release goes on to state:

“The Cooperation Agreement will allow for the exchange of information and of expertise as well as of for the exploration of joint use of assets as relevant, optimising the functioning of the European Union as a whole regarding Maritime Surveillance. The cooperation will result in an improvement of the control of external maritime borders of the EU (competence of Frontex), an increase in the maritime safety (competence of EMSA) and an enhancement of the coordination of fisheries control and inspection activities by the Member States (competence of CFCA).

“The main activities comprised in the agreement are the following:

• Exchange of information and data on matters of common interest
• Explore synergies in the use of the maritime surveillance and information systems
• Explore the possibilities of joint use of assets
• Investigate potential cooperation in the field of maritime surveillance directed to the protection of external maritime borders and fisheries control
• Expand mutual collaboration between the Agencies in areas such as coordination of inspections, research and development, training, etc.

Contacts:

  • • EMSA: Pete Thomas, Senior Communication Officer
    Peter.THOMAS@emsa.europa.eu, Tel. +351 21 1209 281
  • • Frontex: Izabella Cooper, Spokesperson,
    izabella.cooper@frontex.europa.eu , Tel. +48 22 544 95 35
  • • CFCA: Patricia Sánchez Abeal, Communication Officer
    patricia.sanchezabeal@cfca.europa.eu , Tel. +34 986 12 06 17”

Click here and here for links to the press releases.

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Filed under European Union, Frontex, News