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

UN Special Rapporteur on Migrants Commends Senegal (News)

Jorge Bustamante, the UN Special Rapporteur on the human rights of migrants, praised Senegal after a visit.  The number of African migrants who leave the Senegalese coast by boat for Europe and the number who perish during the attempt have fallen sharply during the first half of this year.

“Bustamante welcomed Senegal’s efforts to spotlight the issue of irregular migration and, through the implementation of bilateral and multilateral accords, to protect the rights of people who try to migrate along dangerous international routes, such as by sea.”

Click here for statement.

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Filed under Eastern Atlantic, News, Senegal, United Nations

UNHCR Voices Shock at Reports of Boat Tragedy (Statements)

“’We are shocked by the accounts we heard [from the survivors],’ said Mr. Andrej Mahecic, UNHCR spokesperson. ‘It gives UNHCR cause for concern that these people report being passed by many vessels without any assistance being offered. This is contrary to the long-standing maritime tradition of rescue at sea which has been under threat and is increasingly being eroded.’”

“He added that the agency would be very concerned if the hardening of government policies towards boat people has the effect of discouraging ship masters from continuing to honour their international maritime obligations.”

Click here for statement.

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Filed under Italy, Malta, Mediterranean, Statements, UNHCR

Italian Magistrate Considering Charges Against Malta (News)

“Italian magistrates are reportedly evaluating the possibility of issuing international rogatory letters to Malta, in a bid to determine Malta’s role in the controversial rescue of five Eritrean migrants this week, who claimed their pleas for rescue were ignored by the Maltese navy. … According to Magistrate Renato di Natale in Agrigento, ‘it is possible that a case against Malta will be opened over charges of omission of rescue.’”

”[S]ources confirmed that the Sicilian magistrates are intent on indicting the crew of AFM patrol boat P61, which intercepted the five migrants and supplied them with food, water and fuel on the high seas, the Maltese government is countering this eventuality by announcing its willingness to ‘cooperate fully’ with the Italian investigators.”

”[F]urther declarations by the inquiring Italian magistrates revealed that any indictment would include ‘willful homicide’. But so far the charge is pending upon ignoti (unknowns), an Italian legal term for unknown perpetrators.”

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5 Eritrean Survivors May Be Deported to Malta from Italy (News)

The five Eritrean survivors have reportedly been charged with illegal immigration under new Italian laws and will likely be deported to Malta from Lampedusa since Maltese authorities first encountered the Eritreans at sea.

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Malta Disputes Eritrean Survivors’ Claims (News)

Maltese Armed Forces Commander Carmel Vassallo confirmed that a Maltese patrol boat did intercept the 5 Eritrean migrants at some point before their later rescue by Italian authorities.  The AFM commander said the Eritreans appeared to be in good health and only needed fuel, which was provided.  The commander expressed doubt that there had been others in the migrant boat and that it had been at sea for an extended period of time.

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Italy-Malta Diplomatic Dispute Over Eritrean Migrant Boat (News)

Italian Foreign Minister Franco Frattini has said that Malta is not capable of properly patrolling the area of the Mediterranean assigned to Malta for search and rescue operations and, in so doing, insinuating that the Armed Forces of Malta acted improperly when it failed to rescue the five surviving Eritreans who were encountered by a Maltese patrol boat.

Malta’s Foreign Minister Tonio Borg said that Malta would not agree to reduce its search and rescue jurisdiction.  “Italian Foreign Minister Frattini said in an interview in Corriere della Sera: ‘It is clear they (Malta) do not have the instruments, such as number of boats and crews, to control such a wide area.’” “Asked if Malta was to blame for the tragedy, Frattini said he did not have concrete evidence to say so with certainty.”

“Malta has denied allegations it failed to save migrants.  ‘Five Eritreans found on a dinghy were in good health and refused to be rescued since they wanted to go to Italy,’ Maltese Armed Forces Commander brigadier Carmel Vassallo said in a statement.  Vassallo said Malta did not abandon the migrants until they arrived in the territorial waters of Lampedusa. ‘We stayed there until we were certain the Italian customs guards went for them,’ he said.”

“The prosecutor’s office in Agrigento in Sicily has opened an inquiry. Sources close to the office said it might ask Maltese authorities to provide further information to check reports one of their boats had approached the migrants’ vessel without providing assistance.”

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Over 70 Feared Dead In Waters Between Libya and Lampedusa (News)

The Italian Guardia di Finanza rescued 5 Eritrean migrants near Lampedusa.  The migrants had apparently been lost at sea for three weeks. The survivors said that smugglers arranged for their departure from Libya on 28 July with insufficient petrol and water.  Their boat became disabled and they drifted for 20 days before being rescued by Italian authorities.   The survivors say there were about 73 other migrants in the boat and that their bodies were put into the sea after their deaths.  A German patrol helicopter working with Frontex reportedly has observed seven bodies floating in the water.  No efforts have been made to recover the bodies because they are located within the Libyan search and rescue area.  The survivors are being held at the Lampedusa Contrada Imbriacola “reception centre”.  The survivors say that several boats passed near them, but no one rescued them until the Italian boat arrived.

There is confusion about the circumstances under which an Armed Forces of Malta patrol boat encountered the migrant boat before the Italians rescued the survivors.  The Maltese AFM patrol boat may have provided some assistance to the migrants before leaving them.  The Maltese AFM has said that the migrants appeared to be in good condition when found.

UNHCR spokeswoman Laura Boldrini condemned the apparent refusal by other unknown boats to rescue the migrants.  She said “it appears that what is prevailing is fear of providing assistance over the duty of rescuing whoever is found in conditions of difficulty at sea.”

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Click here for video of survivors.

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

115 Migrants Arrive in Malta (News)

Armed Forces of Malta patrol boats rescued 115 migrants approximately 20 miles south of Malta.  The migrants are reportedly from Somali and departed from Libya.  The migrants were taken to Malta.  The last arrivals in Malta occurred on 25 July when 44 migrants landed.

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40% Reduction in Migrants Arriving by Boat in Spain; 63% Reduction in Canary Islands (News, Statistics)

40% and 63% reductions in migrant arrivals by boat in Spain and the Canary Islands, respectively, are in comparison with the first seven months of last year.

Click here for Spanish Interior Ministry Press release.

Click here for article.

Ministerio del Interior:  “Durante los siete primeros meses de 2009, el número de ciudadanos extranjeros llegados a España en embarcaciones ha descendido a 4.457 personas, lo que supone una reducción de casi un 40% con respecto al mismo periodo de 2008 y de un 74,4% en relación al mismo periodo de 2006.”

Llegados en embarcaciones

2009

2008

2007

2006

4.457

7.165

7.883

17.433

“El descenso es particularmente significativo en Canarias, donde han llegado 1.798 inmigrantes, 3.141 menos que en 2008 (un 63,6% menos), y 11.972 menos que en 2006 (un 87% menos).”

Llegados a Canarias

2009

2008

2007

2006

1.798

4.939

5.680

13.770

“El descenso en la llegada de inmigrantes a las costas españolas se explica fundamentalmente por la eficacia tanto de las repatriaciones como de las medidas de control, especialmente de los dispositivos desplegados en la costa atlántica africana. De hecho, durante los meses de abril y mayo no se produjo ninguna llegada de inmigrantes irregulares a las costas canarias. Al menos desde 1999 no se registraba un mes sin llegadas de inmigrantes a través de embarcaciones a Canarias.”

“El ministro del Interior, Alfredo Pérez Rubalcaba, viajó a finales de julio a Mali y Senegal para seguir reforzando la cooperación con los países de origen y tránsito de la inmigración ilegal y rubricar la prórroga de los acuerdos que permiten el despliegue de medios policiales europeos en la costa senegalesa con el fin de evitar la salida de inmigrantes irregulares con destino a la Unión Europea.”

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

Newborn and Mother Rescued; 80+ Remaining Migrants Forcibly Returned to Libya (News)

Times of Malta. AFM sergeant Neville Cilia holds a baby girl born on boat. Italian Military Mission, Malta.

Times of Malta. AFM sergeant Neville Cilia holds a baby girl born on boat. Italian Military Mission, Malta.

An Armed Forces of Malta helicopter rescued a newborn baby and the baby’s mother from a boat carrying approximately 84 migrants.  The rescue occurred 90 miles south of Malta.  At some point after the rescue, an Italian Navy vessel intercepted the migrant boat and, according to the Times of Malta, turned all remaining migrants over to Libyan authorities.

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Large Increase in Gulf of Aden Crossings (News)

UNHCR estimates that approximately 11,000 people crossed the Gulf of Aden from Somalia to Yemen over the most recent May-July period, the most dangerous time to cross due to weather conditions.  This compares with an estimated 4,000 who crossed in the same period in 2008 and 200 in 2007.

“Nearly 300 migrants have died or gone missing this year after being forced overboard far from shore, and more than 1,000 drowned while making the voyage in 2008, the UNHCR says.”

“[Roberta Russo, UNHCR spokeswoman from Somalia] said there were more than 5,000 people wanting to leave for Yemen who were waiting at the northern Somali port of Bossaso for the weather to improve next month.”

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

EC to Consider EU Resettlement Programme in September (News)

“Addressing the first meeting of the newly-constituted Civil Liberties Committee of the European Parliament [in July], EU Justice Commissioner Jacques Barrot said the Commission was finalising the workings of the first intra-EU resettlement programme and would present it to member states in September for approval.”

“…Malta and Italy are insisting that this pilot-project should be compulsory, in order to force member states to share the burden of the southern EU member states, Mr Barrot said this was not possible under the EU treaties and would therefore have to be on a voluntary basis.”

Barrot “underlined the importance of cooperation with third countries, notably Turkey and Libya. He said that he was urging these countries to embark on patrols to bring illegal departures to a halt, to set up systems for readmission of illegal immigrants and to establish reception centres for asylum seekers in their countries.”

“During the debate the issue of Italy’s new policy of turning back migrants to Libya and its newly adopted law on security measures in the area of immigration were harshly criticised by Socialist MEPs who claimed that Italy was violating its obligations and the rights of migrants through these measures.”

“In response Commissioner Barrot noted that the Commission was studying the compatibility of Italy’s security package with European law, whilst it was also carrying out a survey with Italian authorities on the exact facts surrounding those incidents where it turned migrants back to Libya. He said that the Commission was now waiting for Italy’s response.”

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

270 Migrants Repatriated From Malta to Date in 2009 (News, Data/Stats)

49 migrants were repatriated to Ghana on 11 August.  270 migrants have been repatriated by Malta so far this year.

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Filed under Data / Stats, Malta, Mediterranean, News

UNHCR awarded Italy’s Terre e Pace peace prize (News)

The award is given to organizations and individuals deemed to have contributed to world peace.  “The prize’s organizing committee said it chose UNHCR as this year’s recipient because of its work to protect the rights of asylum seekers in Italy, many of who arrive in overcrowded boats from Libya. Accepting the award, [UNHCR Regional Representative Laurens] Jolles said 2009 had been a difficult year for UNHCR in Italy as it sought ensure individuals’ rights to international protection were upheld in the face of restrictive government policies which, in some instances, has included returning boats to Libya.”

“This award is evidence that UNHCR is not alone in its conviction that safeguards for asylum seekers must be maintained, even on the high seas,” said Jolles. “It is essential that those who seek refuge from persecution are able to access international protection and that borders are not closed to them.”

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UE demande aux members d’accueillir les demandeurs d’asile échoués sur les côtes maltaises (News)

“Plus de 2 800 immigrés sont arrivés sur les côtes maltaises en 2008.  [Malte] a examiné, cette année-là, 2 685 demandes d’asile et a accordé sa protection à 1 410 demandeurs, selon les chiffres de la Commission [Européenne].

“La Commission a … envisagé trois formules. Soit un groupe de pays présente un projet commun, avec un possible État leader et le soutien éventuel d’une organisation internationale, comme le Haut-Commissariat aux réfugiés de l’ONU (HCR). Soit un pays décide d’agir seul, …mais «s’il s’agit de réinstaller seulement cinq réfugiés dans un État donné, il n’y aura pas d’intérêt à présenter un projet», prévient la Commission en soulignant qu’un pays isolé ne pourrait ne pas être éligible au Fonds européen pour les réfugiés que Bruxelles veut mobiliser. Soit, enfin, les États, seuls ou en groupe, agissent avec le HCR ou l’Organisation internationale pour les migrations (OIM), qui toutes deux ont dit vouloir jouer un rôle actif.”

“Quoi qu’il en soit, Bruxelles ne veut pas perdre de temps : les 27 pays membres de l’Union devront se prononcer mi-septembre, puis un appel à projets sera lancé avant la fin du mois, permettant d’ouvrir la procédure pour les aides à venir.”

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Filed under European Union, Malta, News