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

UNCHR – Gulf of Aden smuggling mishap leaves dead and missing (News)

UNHCR News: “Eighteen people drowned and another 29 are missing and presumed dead after a smuggling boat capsized in the Gulf of Aden due to strong winds and rough seas this week off the coast of Yemen. [***] So far this year, more than 522 boats and 25,764 people have arrived in Yemen after making the perilous voyage across the Gulf of Aden from the Horn of Africa. To date, 146 people have reportedly drowned and 85 are missing at sea.”

Click here for full release.

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Libyan patrol boat intercepts migrants (News)

Times of Malta reports that Libyan authorities with assistance from Italy’s Guardia Costiera and a German Border Police helicopter operating as part of Frontex intercepted 76 migrants south of Lampedusa.

Click here for article.

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Greek Foreign Minister Calls for Strengthening Frontex (Statements)

Greek Foreign Minister calls for speedy establishment of European Asylum Support Office, strengthening of Frontex, and permanent joint operations

Excerpts of Speech by Greek Foreign Minister Ms. Bakoyannis at a dinner hosted by the Ambassador of the Czech Republic on the occasion of the conclusion of the Czech EU Presidency (17/6/09):

“[***] Permit me to pause for a moment on this issue [of illegal immigration] which is of particular importance to Greece. As resident Ambassadors, I am sure that you can bear testimony to the increasing and disproportionate migratory pressure Greece is facing due to its geographic position at the external border of the EU; its extensive land and sea borders and its proximity to countries of both origin and transit of illegal immigration.

“One thing is clear: Genuine solidarity and fair burden sharing between Member States is urgently needed in order to effectively tackle this common European challenge. Our strategy should pull several different levers including enhanced practical cooperation through the establishment the earliest possible of the European Asylum Support Office, strengthening FRONTEX and conducting joint operations on a permanent basis, concluding EU readmission Agreements with key countries including of course our southern neighbor Turkey. [***]”

Click here for partial text of speech.

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UNHCR award to Captain and owner of Turkish ship (News)

Blog - UNHCR logoBlog - MV Pinar

UNHCR award to Captain and owner of Turkish ship which rescued migrants in Mediterranean

UNHCR’s Ankara office presents its first  “Hope Refugee Award” in celebration of 20 June World Refugee Day to the Captain and owner of the Panamanian flagged Turkish ship MV Pýnar which rescued 142 African migrants in April 2009.  The ship and the rescued migrants were the subject of an ensuing stand-off between the governments of Italy and Malta regarding who would receive the migrants.  (See BBC: Italy takes in stranded migrants.  Click here.)

‘Mr Tuygun and Mr Erdogdu earned the Award for demonstrating a great sense of responsibility to assist to those in distress at sea. This is a longstanding maritime tradition as well as an obligation enshrined in international law,’ said the UNHCR Turkey office spokesman. However, in recent similar situations, the disputes between states on who should allow the disembarkation of rescued people ‘has discouraged ships and fishing boats from helping, penalising both them and the migrants.’

Click here for Maritime Journal article.

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Filed under Italy, Malta, Mediterranean, News, Turkey, UNHCR

US Committee for Refugees and Immigrants 2009 World Refugee Survey (Reports)

APTOPIX Indonesia Migrants

‘[In 2008] Out of about 67,000 people crossing to Europe by sea, some 35,000 arrived in Italy and 2,800 in Malta, mostly via Libya.  About three-quarters of those arriving in Italy applied for asylum and Italy granted around half of them refugee status or protection on other humanitarian grounds.  Nearly all who arrived irregularly by sea in Malta applied for asylum and Malta found some 60 percent to be in need of international protection.’

Click here for link to full Report.

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15th ECOWAS-EU Ministerial Troika Meeting (Communiqué)

Excerpts From Final Communiqué – 16 June 2009

“1. The fifteenth ministerial Troika meeting between the Economic Community of West African States (ECOWAS) and the European Union (EU) was held in Luxembourg on June 16, 2009 under the Co–Chairs of Ambassador Bagudu M. Hirse, Minister of State, Ministry of Foreign Affairs of Nigeria and Mr. Tomáš Pojar, Deputy Minister of Foreign Affairs of the Czech Republic.

“36. ECOWAS and the EU reaffirmed the need to reinforce their cooperation in the area of migration and development. In this context, they welcomed the Declaration adopted at the second Euro-African Ministerial Conference on migration and development, held in Paris on November 25, 2008, which provides a good basis for developing their cooperation. The Declaration encompasses in a comprehensive and balanced way all the issues relating to migration, by addressing the facilitation of legal migration, the fight against illegal migration, as well as the synergies between migration and development. Moreover, the Declaration establishes a three year cooperation programme (2009-2011), which identifies concrete actions and measures to be taken in the relevant areas. Both Parties underlined their commitment to actively work for the implementation of the declaration and of its cooperation programme.

“37. ECOWAS informed the EU on the state of play of preparation of its regional action plan on migration and the EU reaffirmed its willingness to support it through the Regional indicative programme under the 10th EDF.

“38. The two Parties further agreed to step up expert-level discussions on migration related issues involving interested Member States in future meetings of the joint working group on migration, with a view to identifying concrete areas of cooperation that could be developed, in particular within the framework of the Regional indicative programme.”

For the full text of the Final Communiqué, click here.

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CIR: Libya Should Respect its International Obligations for the Protection of Refugees (Statements)

Statement of the Consiglio Italiano per i Rifugiati (Italian Council for Refugees)

“We would like to recall that Libya has ratified the 1969 Convention on the specific problems of refugees in Africa” said the Chairman of the Italian Council for Refugees (CIR), Savino Pezzotta. . . .

“Libya is also bound by the UN Covenant on Human Rights of 1966 and has formally recognised the principles of respect for human dignity and of treatment in conformity with basic rights of the person without distinction by nationality, ethnic or religious belonging. . . .

“CIR reiterates that there are no conditions whatsoever which allow to push back asylum seekers or refugees to Libya or other north African Countries. . . .

“CIR appeals to the Italian Government and to the European Union to stop immigration policies of pushing back indiscriminately people from whatever place where they are under effective control of Italian or European authorities. . . .

“[T]he Italian Government in accordance with the European Union must share responsibility and burden laid on the Libyan authorities to guarantee dignified reception of hundreds of thousands migrants and refugees presently staying on the Libyan territory.”

For the full text of the CIR’s Statement, click here.

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Greece wants Frontex to serve as European Coast Guard (News)

Greek Interior Minister Prokopis Pavlopoulos indicated  that illegal migration will be discussed at the upcoming EU summit and that a main focus is the conversion of Frontex into a European Coast Guard.

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IOM Partnership with Libyan Civil Society Assists Detained Migrants (News)

IOM, Friday, 12-06-2009

“The IOM office in Libya has entered into a key partnership with three leading Libyan non-governmental organizations (NGOs) to provide much-needed humanitarian assistance to undocumented migrants who are currently detained for immigration law violations. This partnership with the World Islamic Call Society (WICS), the International Organization for Peace, Care and Relief (IOPCR) and Al-Wafa, has allowed IOM to provide [aid].  [***] [***] since the start of joint Italian-Libyan patrols in the Mediterranean in May this year, there has been a dramatic decrease in the number of irregular migrants arriving on the Italian island of Lampedusa, with centres on the island now completely empty of migrants. [***]”

Click here for IOM statement.

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Europe’s Mediterranean border: of boats and men (Analysis)

From 2007:   Shift Mag, S Palidda and P Cuttitta, Europe’s Mediterranean border: of boats and men

‘[E]normous financial and diplomatic efforts are being made by European political actors to tackle undesired immigration arriving by sea from North Africa. This is partly due to the fact that illegal arrivals by sea (including casualties) have a much stronger impact on the media and public opinion than overstayers or illegal immigrants entering the country by land. But while European countries try to come up with adequate solutions to deal with illegal immigration, a daily tragedy is taking place along Europe’s Mediterranean border….’

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AI Statement re Italy – Libya agreement (Statements)

Blog - AI logo

AI Statement re Gaddafi visit to Italy and ‘illegal migration’ agreement

12 June 2009

“Libyan leader Mu’ammar al-Gaddafi concludes his three-day visit to Italy on Friday, amid criticism from human rights groups of the irregular migration control co-operation between the two countries and attempts by Italy to “contract out” to Libya its obligations to provide protection to refugees and asylum seekers.

“Amnesty International has called on both countries to make human rights an integral part of migration control policies and to uphold the rights of refugees, asylum seekers, and migrants.

“In August 2008, both countries agreed a Treaty of Friendship, Partnership and Co-operation, including provision for bilateral efforts to combat “illegal migration” through joint patrolling of the sea. [***]

“[***] Libya has agreed, amongst other things, to tighten control of its territorial and international waters and accept disembarkation on its soil of migrants, asylum seekers and refugees intercepted at sea by Italian vessels. Italy has been reported to have also undertaken to provide resources, including technology for control of migrant flows through the southern borders of Libya.

“Italy and Libya should grant protection to those fleeing persecution and conflict, not treat them as mere commodities in deals which aim at avoiding international obligations with regards to the treatment of migrants, asylum-seekers and refugees,” said Amnesty International. “Co-operation between the two countries cannot in effect be ‘contracting out’ to Libya the management of migration flows, especially not when Libya has a poor record when it comes to the treatment of refugees, asylum seekers and migrants.

“In 2008, there were allegations of the torture and other ill-treatment of refugees and asylum-seekers and migrants; which the Libyan authorities failed to investigate. Refugees and asylum-seekers were not afforded protection as required by international law, as Libya has no functioning asylum system.

“Against this backdrop, Italy has said it will forcibly return individuals setting off from Libya who are intercepted before they reach Italian shores.

“On 6 May, three vessels with an estimated 227 third-country nationals on board sent out distress calls while passing about 50 miles south of the Italian island of Lampedusa. A dispute between the Maltese and Italian government over who had responsibility may have delayed rescue operations.

“Eventually, two Italian coastguard vessels took the migrants to Tripoli in Libya, without stopping in an Italian port. The Italian Minister of the Interior Roberto Maroni was reported to have called it “an historical achievement after one year of bilateral negotiations with Libya.

“Further interceptions and returns have occurred: according to official information from the Ministry of the Interior in Italy, between 6 and 11 May, around 500 individuals including those from Somalia, Eritrea and other Sub-Saharan African countries were returned to Libya after being intercepted by Italian vessels at sea.

“The actions, however, constituted a breach of Italy’s obligations, including the duty not to send individuals to a country where they are at risk of persecution (the principle of non refoulement) and to provide access to a fair and satisfactory asylum procedure. These obligations stem from the fact that these individuals were under the effective control of the Italian authorities even though they did not step foot on Italian soil.

“The UN refugee agency criticized these actions and urged Italy “to ensure that people rescued at sea and in need of international protection receive full access to territory and asylum procedures.

“On 14 May, the Italian government handed over to Libya three patrol boats to monitor its Mediterranean coastline in joint operations with the Italian Navy. A further three boats have been promised.

“From 15-23 May, a human rights fact-finding team from Amnesty International visited Libya –   the first such visit since 2004.

“During their time in Libya, Amnesty International delegates were only allowed to pay a brief visit to the Misratah Detention Centre, some 200 km from Tripoli, in which between 600 and 700  alleged irregular migrants mostly from other African countries are held in severely overcrowded conditions.

“Many have been detained since they were intercepted while seeking to make their way to Italy or other countries in southern Europe.

“Those held at Misratah may include refugees fleeing persecution, including Eritrean and Somali nationals; but as Libya has no asylum procedure and is not a party to the UN Refugee Convention or its 1967 Protocol, foreign nationals, including those in need of international protection, may find themselves outside the protection of the law.

“There is also virtually no opportunity for detainees to lodge complaints of torture and other ill-treatment to competent judicial authorities or to challenge the grounds of their detention. Some of the Eritrean nationals, who comprise a sizeable proportion of those detained at Misratah, told Amnesty International that they had been held there for two years.

“In its meetings with government officials, Amnesty International expressed concern about the detention and alleged ill-treatment of hundreds, possibly thousands, of individuals whom the authorities assume to be irregular migrants, and urged them to put in place proper procedures to identify asylum seekers and refugees and afford them appropriate protection.

“Amnesty International also urged the Libyan authorities to cease forcible returns of individuals to their countries of origin where they might be at risk of serious human rights violations, and at the very least to find a better alternative to detention for those individuals whom they are not able to return to their countries of origin for this reason.”

Click here for full statement.

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Treaty on Friendship, Partnership and Cooperation Between Italy and Libya: New Prospects for Cooperation in the Mediterranean? (Analysis)

Documenti AIA: N Ronzitti, The Treaty on Friendship, Partnership and Cooperation Between Italy and Libya: New Prospects for Cooperation in the Mediterranean?

Excerpt:

“Art. 19 of the Treaty calls for two things in … respect [to the fight against illegal immigration, in particular via sea]. On the one hand, previous agreements and protocols on immigration, in particular those stipulated in 2007, are to be implemented, and the approximately 2000 km of Libyan coast patrolled by mixed crews on patrol boats provided by Italy. Six patrol boats are supposed to enter into operation on 15 May 2009.10 On the other, Libyan land borders are to be controlled by a satellite detection system jointly financed by Italy and the European Union. The system is quite expensive – even though the financial commitment has not yet been determined– but it does not involve the deployment of Italian police forces.”

Click here for article.

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UNHCR reports 150,000 migrant arrivals in Yemen (News)

Blog - yemen-post-final-logo-design-for-web

“Almost 150,000 migrants, [*** ] mainly from African Horn countries, have arrived in Yemen so far this year, a recent UNHCR report has said.  [***] Yemen says the number of African migrants who have already reached its territories exceeds 700.000 people, a figure which the UNHRC says is exaggerated.  So far this year, 131 African migrants, mostly from Somalia, drowned while trying to reach Yemeni territories through sea and 66 others went missing, according to the UNHRC.”

Click here for article.

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Filed under Gulf of Aden, News, Somalia, Yemen

AI Fact-Finding Visit to Libya, including Misratah [migrant] Detention Centre (Reports)

Blog - AI logoDocument – Libya: Amnesty International completes first fact-finding visit in over five years

AMNESTY INTERNATIONAL

PUBLIC STATEMENT

AI Index: MDE 19/003/2009

29 May 2009

“[***]  Amnesty International was also able to undertake a brief visit to the Misratah Detention Centre, some 200 kilometres from Tripoli, in which several hundred alleged irregular migrants from other African countries are held in severely overcrowded conditions, and to interview several of those held there. Many have been detained since they were intercepted while seeking to make their way to Italy or other countries in southern Europe, which look to Libya and other North African countries to staunch the flow of irregular migrants from sub-Saharan Africa to Europe.

“Worryingly, Misratah, like Abu Salim Prison in Tripoli, appears to be controlled by the General People’s Committee for Public Security rather than the Justice Committee, and to be outside the jurisdiction of the public prosecutor or other judicial authorities. Those held there may include refugees fleeing persecution, but as Libya has no asylum procedure and is not a party to the Refugee Convention or its 1967 Protocol, foreigners, including those in need of international protection, may find themselves outside the protection of the law. There is also virtually no opportunity for detainees to lodge complaints of torture and other ill-treatment to competent judicial authorities.

“In its meetings with government officials, Amnesty International expressed concern about the detention and alleged ill-treatment of hundreds, possibly thousands, of foreign nationals whom the authorities assume to be irregular migrants, and urged them to put in place proper procedures to identify asylum seekers and refugees and afford them appropriate protection. As well, Amnesty International urged the Libyan authorities to cease forcible returns of foreign nationals to countries at which they are at risk of serious human rights violations, and to find a better alternative to detention for those foreigners whom they are not able to return to their countries of origin for this reason. Some of the Eritrean nationals who comprise a sizeable proportion of the foreign nationals detained at Misratah told Amnesty International that they had been held there for two years. [***]”

Click here or here for links to report.

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Filed under Italy, Libya, Mediterranean, Reports

Gulf of Aden crossings to Yemen up 30% in first quarter 2009 (News)

UNHCR steps up efforts to stem Gulf of Aden crossings as numbers mount

UNHCR News Stories, 22 May 2009

“[***] Statistics show ever greater numbers of people are risking their lives in order to reach safety or the chance of a better life. The number of migrants and asylum seekers reaching Yemen in the first quarter of 2009 increased 30 per cent over the same period in 2008, a year when about 50,000 people successfully made the journey.

“In response, UNHCR has stepped up its efforts to deter people from getting on the smugglers’ boats in the main departure point of Bossasso, a crowded commercial town in Somalia’s northeast Puntland region with large slum areas hosting displaced people and migrants. [***] Before 2007, the majority of those reaching Yemen were young Ethiopian men hoping to find work in the Gulf States or in Europe. Today they are outnumbered by Somalis seeking to escape the violence and insecurity plaguing that country.”

Click here for UNHCR statement.

copyright - UNHCR/A Webster

copyright - UNHCR/A Webster

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Filed under Gulf of Aden, News, Somalia, Yemen