Category Archives: European Union

by | 14 Apr 2011 · 15:01

COE Parliamentary Assembly Adopts Resolution Regarding North African Migrants & Asylum Seekers

Earlier today PACE approved a resolution based on a report by Tineke Strik (Netherlands, SOC) addressing the large influx of migrants and asylum seekers on Europe’s southern borders.  From the PACE press statement: the Assembly “welcomed the efforts so far of the ‘frontline states’ to provide humanitarian assistance in line with their international obligations, and urged other European countries to ‘show solidarity’ with them, including by agreeing to resettle refugees and other persons with international protection needs. Malta was in a ‘particularly difficult situation’ given its small size, high population and limited resources… If the current wave of arrivals in Europe increases because of an even greater exodus of persons from Libya, in particular Libyans fleeing terror from Colonel Gaddafi’s regime or an entrenched civil war, the EU should consider applying its temporary protection directive….”

Excerpts from PACE Resolution 1805 (2011):

The large-scale arrival of irregular migrants, asylum seekers and refugees on Europe’s southern shores

“[***]

6.       The Parliamentary Assembly recognises that one of the first priorities is to deal with the humanitarian and international protection needs of those who have arrived on Europe’s shores, primarily in Italy and Malta. Member states, the European Union, international organisations, civil society and others all have a contribution to make and need to show solidarity with the front-line states. This solidarity and willingness to share responsibility needs to extend to the coast of North Africa and the many thousands of refugees and displaced persons still seeking ways to return home after fleeing from Libya. It should also extend to those migrants and refugees who are trapped in Libya awaiting the chance to flee.

7.       The Assembly notes that while there has been a wave of arrivals, there has not yet been the feared total deluge. This distinction is important because it has not always been clearly made by politicians, the media and others, leading to heightened fear and misunderstanding among the general public and calls for exaggerated responses.

8.       The Assembly recognises the pressure that the front-line countries of the Council of Europe are under, and welcomes their efforts to provide humanitarian assistance in line with international obligations and encourages them to continue with these efforts. The Assembly reminds states of their international obligations not to push back boats which are carrying persons with international protection needs.

[***]

12.       The Assembly, recognising that events in North Africa are of concern to all member states of the Council of Europe, therefore calls on member states to:

12.1.        acknowledge that the arrival of a large number of irregular immigrants on the southern shores of Europe is the responsibility of all European states and requires a solution which envisages the need to share this responsibility collectively. The Assembly reminds member states of the repeated appeals of the Council of Europe Commissioner for Human Rights for the need for effective responsibility sharing;

12.2.       provide urgent humanitarian aid and assistance to all those persons arriving on Europe’s southern shores and other borders, including through the provision of adequate accommodation, shelter and health care, as highlighted previously in Assembly Resolution 1637 (2008) on Europe’s boat people: mixed migration flows by sea into southern Europe;

12.3.       refrain from automatic detention and have recourse to detention only where there is no other reasonable alternative, ensuring that conditions comply with minimum human rights standards as outlined in Assembly Resolution 1707 (2010) on detention of asylum seekers and irregular migrants in Europe;

12.4.       ensure that vulnerable persons, including women and children, victims of torture, victims of trafficking, and the elderly, are not detained and receive appropriate care and assistance;

12.5.       guarantee the right of asylum and non-refoulement through, inter alia:

12.5.1.       ensuring that states give access to their territory to persons in need of international protection;

12.5.2.       assuring the quality and consistency of asylum decisions in line with Assembly Resolution 1695 (2009) on improving the quality and consistency of asylum decisions in the Council of Europe member states;

12.6.       ensure that, in screening arrivals and carrying out asylum determinations, these are carried out without delay, but that speed is not given preference over fairness;

12.7.       provide full support to the Office of the United Nations High Commissioner for Refugees (UNHCR), International Organisation for Migration (IOM), International Committee of the Red Cross (ICRC) and other international and national organisations providing humanitarian and other assistance, both in North Africa and in the European countries of arrival, and generously take part in resettlement programmes for refugees stranded in North African countries;

12.8.       show solidarity in the challenges faced, which includes sharing responsibility with front-line states, including by:

12.8.1.       giving further support to the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) and the newly established European Asylum Agency (EASO), and encouraging further use of European Union funding available through the External Borders Fund, the Return Fund, the European Refugee Fund and the Integration Fund;

12.8.2.       looking into the possibility of taking on commitments for resettlement of those with international protection needs from the European countries of arrival and on suspending the application of the Dublin Regulations or on considering other forms of responsibility sharing, through the use of existing mechanisms provided for in the Dublin Regulation, including the solidarity clause in Article 3(2) and the humanitarian clause in Article 15;

12.8.3.       working together, including with the European Union, on the issue of voluntary and forced returns, taking into account necessary human rights safeguards when relying on readmission agreements in line with Assembly Resolution 1741 (2010) on readmission agreements: a mechanism for returning irregular migrants;

12.8.4.        acknowledging the particularly difficult situation in which Malta finds itself, in view of the size of its territory, its high population density and limited human and material resources, and committing to the resettlement of those with international protection needs.

[***]

14.       If a mass exodus of Libyan refugees occurs because of increasing terror by Colonel Gaddafi or the emergence of a civil war, the Assembly encourages the European Union member states to consider applying the temporary protection directive (Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof). It is important, however, to ensure that no states are considering returning Libyans at this stage and that at least a form of temporary protection is provided in practice.

[***]”

Click here for Resolution. (Resolution 1805 (2011))

Click here for Recommendation. (REC 1967 (2011))

Click here for PACE press statement.

Click here for Report, Committee on Migration, Refugees and Population, Rapporteur: Ms Tineke STRIK, (Doc. 12581, 13 April 2011).

 

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by | 11 Apr 2011 · 18:48

Belgium Plans to Reintroduce Border Controls to Block Entry by Tunisians from Italy

Belgium announced earlier today at the conclusion of the JHA Council meeting that it plans to reintroduce border controls, joining France and Germany, in an effort to block the entry of Tunisian migrants granted temporary residency by Italy.  The announcement was made by Melchior Wathelet, Secretary of State for Asylum and Migration. Wathelet also suggested that Austria and the Netherlands , as countries of “final destination,” were supportive of the move to reintroduce border controls within the Schengen Area.

Click here (FR), here (NL), and here (FR) for articles.

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by | 11 Apr 2011 · 15:40

JHA Council Conclusions on the management of migration from the Southern Neighbourhood – 11 April 2011

Excerpts from today’s JHA Council Conclusions:

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5. The Council calls on FRONTEX to continue to monitor the situation and prepare detailed risk analyses on possible scenarios with a view to identifying the most effective responses to them, and also invites FRONTEX to speed up negotiations with the countries of the region – and in particular with Tunisia – with a view to concluding operational working arrangements, and organising joint patrolling operations in cooperation with Tunisian authorities and in application of all relevant international Conventions, in particular the UN Convention on the Law of the Sea (“the Montego Bay Convention”).

6. The Council urges Member States to provide further human and technical resources to support the Agency’s operations, and in particular the existing Joint Operations Hermes, Poseidon Land and Sea and the possible deployment of a RABIT operation in Malta, in accordance with needs identified by the Agency in the light of the developing situation.

7. In order to rapidly strengthen the competences of FRONTEX and put more effective tools at its disposal, the Council agrees to accelerate negotiations on amending the FRONTEX Regulation, in cooperation with the European Parliament, with a view to reaching agreement by June 2011.

8. The Council underlines the need to promote all relevant forms of cooperation on a performance-based approach in the field of migration, mobility and security with the countries of the region that are sufficiently advanced in their reform progresses, and that effectively cooperate with the EU and its Member States in preventing illegal migration flows, managing their borders and cooperating in the return and readmission of irregular migrants. The Council stresses the need for early progress in the area of return and readmission in the case of relevant third countries, and recalls in particular that all States have an obligation to readmit their own nationals.

[***]

10. The Council welcomes the outcome of the visits of the Presidency and the Commission to Egypt and Tunisia and the intention of the Commission to follow-up these visits by setting up dialogues with the authorities of these countries at senior officials’ level, in which Member States will also participate, and which will be aimed at promoting the swift development of cooperation on the management of migration flows. This dialogue should in first instance, focus on the identification and promotion of measures which can contribute in a concrete and effective way to the prevention of illegal migration, to the effective management and control of their external borders, to the facilitation of the return and readmission of irregular migrants, and to the development of protection in the region for those in need, including through regional protection programmes. Subsequently, this dialogue could explore the possibilities for facilitating people-to-people contacts using instruments such as mobility partnerships.

11. The Council stresses the importance of offering durable protection solutions to those in need of international protection present in the countries of the Southern Neighbourhood, and, in this respect, calls on the Commission and the Council’s preparatory bodies to examine the possibility of assisting those countries in capacity building in the area of international protection, including by activating existing regional protection programmes, and assessing the need for additional programmes in the region.

12. The Council recalls that resettlement of refugees on a voluntary basis, in particular those living for some years in a situation of protracted displacement and vulnerability, and having no other perspective, can represent a durable solution for them. The Council takes note of the willingness of certain Member States to consider offering resettlement opportunities for the refugees present in the region. The Council invites Member States to continue supporting UNHCR in the development of resettlement programmes and calls on the Commission to identify solutions for supporting financially such resettlement actions.

13. The Council underlines that the measures mentioned in the paragraphs above represent the immediate answer to the crisis situation in the Mediterranean, but that it is also crucial to put in place a more long-term sustainable strategy to address international protection, migration, mobility and security in general, and taking also the secondary movements to other Member States into account.

14. The Council welcomes the Commission’s intention to come forward for that purpose with proposals in response to the Declaration of the Extraordinary European Council of 11 March and the Conclusions of the European Council of 24-25 March, and notes that the Presidency stands ready to convene an extraordinary meeting of the Council on 12 May if necessary in the light of developments and to further consider these matters.”

Click here for full document.

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by | 11 Apr 2011 · 06:39

Malmström Tells Italy that Temporary Residence Permits Do Not Allow Free Movement in Schengen Area; Germany Threatens to Reinstate Border Controls

Commission Cecilia Malmström has notified Italian Interior Minister Roberto Maroni in a letter that the temporary residence permits being issued by Italy to Tunisian migrants will not automatically allow free movement within the Schengen area.  Over the weekend Germany joined France and said that it will consider instituting border controls to prevent the entry of Tunisians in possession of the temporary residence permits from entering German territory.

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

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by | 11 Apr 2011 · 06:24

Thousands of Refugees Stranded in Misrata

ICRC expressed its concern over the situation in Misrata where six to seven thousand foreign migrants and refugees are stranded and living in the open. The city is completely surround by Gaddafi forces.  An ICRC delegation was able to enter the city over the weekend to deliver humanitarian supplies.

“Michael Mann, spokesperson for EU foreign policy Chief Catherine Ashton, said [last week before the ICRC delegation arrived in Misrata] that a decision adopted on 1 April allowed the EU to use military equipment for a humanitarian operation [to evacuate civilians] in a situation such the one in Misrata.  ‘We can launch this as soon as we receive a request from OCHA,’ the UN Office for the Coordination of Humanitarian Aid, Mann said.”

Click here, here, here, and here for articles.

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by | 11 Apr 2011 · 06:10

Statement: European Commission’s response to the migratory flows from North Africa

The European Commission released a statement on 8 April summarising its actions.  Excerpts:

“[***]

Measures addressing the migration flows towards the European Union

Urgent measures already undertaken

The massive displacement of populations from several North African countries has been putting the protection and reception systems of some of the EU Member States, in particular in Italy and Malta, under increasing strain. The European Union has responded to these serious challenges in a rapid and effective manner with the aim of stabilizing the situation.

Frontex has deployed the Joint Operation EPN Hermes Extension 2011 to assist the Italian authorities in managing the influx of migrants from North Africa, most of whom have been arriving on the island of Lampedusa. This mission was launched on 20 February 2011, only four days after receiving the official request from the Italian authorities, a clear signal of solidarity between Member States. FRONTEX stands ready to continue the mission as long as it will be necessary, and to expand it, provided that Member States will make available the necessary staff, vessels and equipment. In view of the above the Commission is launching the necessary procedures for reinforcing the FRONTEX 2011 budget with an additional EUR 30 million.

Europol has also deployed a team of experts to Italy in order to help the national authorities to assist in detecting and preventing possible criminal of trafficking of human beings.

Regarding the financial needs linked with the displacement, the Commission’s four migration-related funds (the External Borders Fund, Return Fund, Refugee Fund and Integration Fund) are available to Member States. For example, Italy, one of the major beneficiaries of these funds, has been allocated €55 million for 2010 and €75 million for 2011. Moreover, the Commission makes available an additional €25 million of emergency funding which can be quickly mobilised under the External Borders Funds and European Refugee Fund.

What measures could be undertaken in the short-term?

Should the inflow of irregular migrants and possible refugees continue, the Commission envisages a number of short-term measures that might be taken.

Reinforcing Frontex

  • 1) The Joint Operation EPN HERMES Extension coordinated by FRONTEX could be considerably strengthened, with additional technical resources made available by Member States, and adequate financial resources.
  • 2) It is essential that FRONTEX is finally given a stronger operational mandate through a revision of its legal basis, which the Commission tabled in February 2010 (IP/10/184)
  • 3) FRONTEX should speed up negotiations to conclude working arrangements with the countries of origin and transit of irregular migration in the Mediterranean in the region (for example, with Egypt, Morocco and Turkey), and receive a mandate to negotiate similar working arrangements with other relevant countries (for instance Tunisia)

Resettlement of third country nationals

The continuous and possible increase in the flow of refugees (e.g. Somalis, Eritreans etc.), in need of international protection, coming from Libyan territory is an issue of major concern. The EU will not only continue to provide humanitarian assistance through its humanitarian office (ECHO), but it is also ready to offer through the European Refugee Fund financial support in view of facilitating the resettlement of persons in need of international protection. Resettlement represents not only a life-saving measure for the refugees concerned, but is also an important responsibility-sharing gesture towards the countries hosting them. Showing solidarity with the countries neighbouring Libya that are under pressure through resettlement can help to maintain ‘protection space’, as well as contributing to dialogue and cooperation on other issues of migration and border management.

The Commission has therefore been encouraging EU Member States to offer resettlement places, in a spirit of responsibility-sharing and in close cooperation with the United Nations High Commissioner for Refugees (UNHCR). A meeting was held with Member States on 25 March at which details of the most urgent needs were explained by the UNHCR and the International Organisation for Migration (IOM), both of whom are actively engaged on the ground in the region.

The current crisis in the Mediterranean clearly demonstrates how imperative it is that the Council and the European Parliament make an effort to rapidly reach an agreement on the adoption of the Commission’s proposal for the establishment of an EU joint resettlement programme. This proposal would provide a structured basis for annual priority-setting, and linking those priorities with financial incentives, thereby encouraging more Member States to become involved in resettlement activities, and enhancing practical cooperation between Member States to that end.

Solidarity / Temporary Protection Directive

In the event of a massive inflow of persons who are likely to be in need of international protection, the Commission would expect Member States to demonstrate concrete solidarity with each other by directly assisting the States bearing the greatest burden. This could involve the relocation to other Member States of some persons seeking protection, or who have already received an international protection status.

Concrete assistance could likewise be provided by the newly-created European Asylum Support Office, one of whose central tasks is coordination of assistance to Member States whose asylum systems are under exceptional pressure. This could involve the deployment of so-called ‘asylum support teams’ to reinforce the capacities of a State to process asylum claims and to ensure appropriate reception conditions for asylum seekers.

The Commission would also be ready to consider proposing the use of the mechanism foreseen under the 2001 Temporary Protection Directive (2001/55/EC), if the conditions foreseen in the directive are met. Consideration could only be given to taking this step if it is clear that the persons concerned are likely to be in need of international protection, if they cannot be safely returned to their countries-of-origin, and if the numbers of persons arriving who are in need of protection are sufficiently great. Resort to this mechanism would allow for the immediate protection and reception in the territory of EU Member States for persons concerned, as well as offering a “breathing space” for the national asylum systems of the Member States most directly affected.

[***]”

Click here for full Statement.

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by | 11 Apr 2011 · 05:29

Italy to Begin Two Daily Repatriation Flights to Tunisia; Frontex Also Seeking Agreement with Tunisia to Expedite Returns

Prime Minister Silvio Berlusconi said two daily repatriation flights to Tunisia will begin today, Monday.  Frontex Director Ilkka Laitinen said Frontex is “trying to put in place ‘as soon as possible’ a new protocol with Tunisia on sending back irregular migrants….  Laitinen told a group of journalists in Brussels on Friday (9 April) that: ‘For the time being there have been no joint returns to Tunisia co-ordinated by Frontex, as we have no working arrangement with the relevant authority.’”

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

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by | 11 Apr 2011 · 04:47

UNHCR Calls on EU to Improve Rescue at Sea Measures; NATO Should Also Actively Participate in Rescue at Sea in Regard to All Overcrowded Boats

UNHCR issued a statement on Friday, 8 April, calling “on the European Union to urgently put into place more reliable and effective mechanisms for rescue-at-sea” in the aftermath of last week’s disaster that saw “[m]ore than 220 Somali, Eritrean and Ivorian refugees drowned early on Wednesday morning when their boat capsized some 39 nautical miles south of the Italian island of Lampedusa. This is the worst such incident in the Mediterranean in recent years.  ‘It is hard to comprehend that at a time when tens of thousands are fleeing the Libyan conflict and pouring across the land borders into Tunisia and Egypt where they enjoy safety and receive shelter and aid, the protection of people fleeing via Libya’s maritime border does not appear to have the same priority’ said Assistant High Commissioner for Protection Erika Feller.” “‘We also appeal to shipmasters to continue to render assistance to those in distress at sea. Any overcrowded boat leaving Libya these days should be considered to be in distress’ [, said Feller.]”

While NATO was not mentioned in the UNHCR statement, the call for improved measures to save the lives of migrants who flee North Africa by boat should also be heard and considered by the NATO Maritime Command Naples which is conducting the maritime embargo of Libya known as Operation Unified Protector.   NATO has a significant naval force patrolling the area through which migrant boats leaving Libya are passing and this force should be actively engaged in protecting fleeing civilians.  (Click here for earlier post regarding NATO’s maritime embargo.)

While UN Security Council Resolution 1973 does not speak directly to this issue, it does call for the protection of civilians.  Relevant portions from Security Council Resolution 1973:

  • “Expressing [the Security Council’s] determination to ensure the protection of civilians and civilian populated areas and the rapid and unimpeded passage of humanitarian assistance and the safety of humanitarian personnel, [***];
  • Reiterating [the Security Council’s] concern at the plight of refugees and foreign workers forced to flee the violence in the Libyan Arab Jamahiriya, welcoming the response of neighbouring States, in particular Tunisia and Egypt, to address the needs of those refugees and foreign workers, and calling on the international community to support those efforts, [***];
  • Protection of civilians – 4. Authorizes Member States that have notified the Secretary-General, acting nationally or through regional organizations or arrangements, and acting in cooperation with the Secretary-General, to take all necessary measures, notwithstanding paragraph 9 of resolution 1970 (2011), to protect civilians and civilian populated areas under threat of attack in the Libyan Arab Jamahiriya,… [***].”

As with UNHCR’s call to EU states, NATO ships should also render assistance to any migrant boat detected by NATO forces – any overcrowded boat leaving Libya should be considered to be in distress.

Click here for UNHCR statement.

Click here for article.

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by | 06 Apr 2011 · 05:08

Italy-Tunisia Reach Migration Agreement: 6 Month Residency Permits for Tunisians Already in Italy; Accelerated Return Procedures for Newly Arriving Tunisians

Italy and Tunisia reached a new migration agreement on Tuesday.  It was signed in Tunis by Interior Minister Roberto Maroni and Tunisian Minister Habib Essid.  Italy reportedly pressed Tunisia to quickly accept the repatriation of the 20,000 Tunisians who have arrived in Italy.  Tunisia refused to agree to the mass return of its nationals.

The compromise that was apparently reached will allow the 20,000 Tunisians who have already arrived in Italy to remain for at least six months with temporary residency permits and Tunisia in turn has apparently agreed to accelerated and simplified return procedures for newly arriving Tunisians that will not require fingerprinting or documentation.  Italy reportedly believes that the accelerated repatriation procedures, once implemented, will act as a deterrent to those Tunisians who may attempt to leave Tunisia after the agreement enters into force.

The accelerated return procedures are troubling in multiple respects.  While the overwhelming majority of persons who have reached Italy over the past two months are Tunisian nationals, over the past week or two for the first time there have been hundreds of non-Tunisians arriving in Italy and Malta.  Many are from Eritrea, Ethiopia, and Somalia and clearly have strong claims to international protection.  An accelerated return procedure will mean that persons with claims to asylum or who are in need of other forms of protection may not be properly identified.

Where will the accelerated return procedures be carried out?  Will migrants be rescued, brought to land, processed under the accelerated procedures, and then repatriated?  Or will Italy attempt to revive its push-back practice and attempt to turn boats around at sea?

The text of the agreement has apparently not been yet made public (at least I cannot find it), but various media reports suggest that its provisions include the following:

  • Six month temporary residency permits for Tunisian nationals who have already arrived in Italy (what happens when the six month period expires is not clear);
  • Temporary residency permits will allow free travel within the Schengen zone (but if the holder of the permit is outside of Italy when the permit expires, the person could apparently be returned to Italy);
  • Accelerated direct repatriation for newly arriving Tunisian nationals (the date on which the decree is signed will apparently determine whether a Tunisian receives the temporary permit or is subject to direct repatriation, the decree may be enacted as soon as today, Wednesday, 6 April);
  • Increased cooperation between Italy and Tunisia police / security forces;
  • Italy to provide 12 new and refurbished patrol boats and hundreds of off-road vehicles to Tunisia.

The announcement of this bi-lateral agreement comes one day after Frontex released its recently approved Fundamental Rights Strategy.  Click here for yesterday’s post about this strategy.  Note the following provisions within the strategy:

“14. [***] One particular objective in [Joint Operations] is ensuring that the right to international protection must not be hampered by the law enforcement action and that persons seeking protection are referred to the competent national authorities to assess their case.

15. [***] Corrective measures should be taken in case of breach or serious risk of breach of fundamental rights. As last resort, Frontex might terminate a JO if the conditions guaranteeing the respect for fundamental rights are no longer met. [***]”

It remains to be seen what Italy will do in regard to accelerated direct repatriations to Tunisia, but there is definitely the concern that the right to international protection may be hampered by Italy’s actions.  Frontex’s Joint Operation Hermes Extension is currently hosted by Italy.  Frontex may be obligated to act pursuant to its Fundamental Rights Strategy depending on what new practices are implemented by Italy.

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

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by | 05 Apr 2011 · 16:20

Libyan Migrant Boats Carrying Over 400 People Missing; Reports of Deaths

There have been reports in recent days from the UNHCR and others about at least two boats that are believed to have left Libya over the past 10-14 days carrying persons from Eritrea, Ethiopia, Somalia, and possible other countries.  Family members and friends of people who are believed to be on the boats have been calling for assistance in searching for the boats.  Reuters reported that “[o]ne of the boats was reported to have left Libya on March 22 with 335 people on board.  Italian media said 68 people on the other boat had almost certainly died during the journey, although there was no official confirmation. The top Vatican official in Tripoli, Bishop Giovanni Innocenzo Martinelli, said 10 bodies of African migrants were at the capital’s morgue on [4 April]. … He said there were reports of ‘many more bodies’ of migrants washed up on the shores of Garaboulli, some 40 km from Tripoli.”  Father Mussie Zerai, who is based in Rome, “said he had last spoken to migrants on board the smaller boat, an inflatable, by satellite phone on 26 March before the line went dead.  ‘I have meanwhile had no contact with the larger boat, but family members of those on board have called us from Canada, Sweden and Switzerland to tell us they left.’”

Click here and here for articles. (EN)

There have been confirmed deaths among migrants who have left Tunisia in recent weeks.  At least 27 bodies had been recovered as of last week in Kerkennah.  The dead were probably on board boats that sank on the 13th and 27th of March off the Tunisian coast.

Click here for article.

UPDATE:  If you have information about a family member or friend who may be on a boat or if you are seeking information, please consider contacting the Agenzia Habeshia per la Cooperazione allo Sviluppo in Italy at this email address: agenzia_habeshia@yahoo.it .

 

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by | 05 Apr 2011 · 04:52

Frontex Releases its “Fundamental Rights Strategy”

According to a Frontex press release, “Frontex’s Management Board endorsed the Agency’s Fundamental Rights Strategy during its most recent meeting, on March 31. The approved document sets out the objectives, legal and political context, operational implications and implementation plan for the strategy.”  “The new strategy will be elaborated into an Action Plan, which has been requested by the Management Board with a view to adopting it at the next meeting, scheduled for May 24.”

I have done a quick read of the 8 page document and overall had a positive reaction to the strategy.  One weakness, and there are probably others, is that in the end “Member States remain primarily responsible for the implementation of the relevant international, EU or national legislation and law enforcement actions undertaken in the context of Frontex coordinated joint operations…”  (See Para 13 below.)  There is not much that Frontex can do about this, unless Frontex is given authority to act independently from individual MS.

The strategy does contemplate that Frontex can terminate a Joint Operation if respect for fundamental rights can not be guaranteed.  (See Para 15 below.)  I try to imagine how this strategy would operate within the current Joint Operation Hermes if the influx of Tunisians were to continue and expand and if Italy were to begin unilateral returns of Tunisian nationals (or others) to Tunisia without adequate process.  Would Frontex discontinue Operation Hermes?  It is hard to imagine that happening given the current situation in North Africa.

Here are some excerpts from the strategy consisting of some of the provisions which jumped out at me – the full document however should be consulted:

“Preamble

Frontex considers that respect and promotion of fundamental rights are unconditional and integral components of effective integrated border management.

[***]

The Legal and Political Context

[***]

13. Member States remain primarily responsible for the implementation of the relevant international, EU or national legislation and law enforcement actions undertaken in the context of Frontex coordinated joint operations (JOs) and therefore also for the respect of fundamental rights during these activities. This does not relieve Frontex of its responsibilities as the coordinator and it remains fully accountable for all actions and decisions under its mandate. Frontex must particularly focus on creating the conditions for ensuring compliance with fundamental rights obligations in all its activities.

The Operationalisation

Joint Operations

14. [***] One particular objective in [Joint Operations] is ensuring that the right to international protection must not be hampered by the law enforcement action and that persons seeking protection are referred to the competent national authorities to assess their case.

15. [***] Corrective measures should be taken in case of breach or serious risk of breach of fundamental rights. As last resort, Frontex might terminate a JO if the conditions guaranteeing the respect for fundamental rights are no longer met. [***]

17. Frontex will put in place an effective reporting system to ensure that any incidents or serious risks regarding fundamental rights are immediately reported by any participating officer or Frontex staff member and can be acted upon. This reporting should be the basis for effective monitoring of all its operations. The monitoring effectiveness and credibility will rely heavily on the commitment of national border guard services to report but also on the involvement of external stakeholders. The Operational Plan shall set out the modalities for reporting, including how and to who report.

[***]

19. Alleged violations of human rights reported either by national or Frontex officers or third parties, when substantiated, will be followed up by Frontex by communicating and clarifying the situation in cooperation with the competent national authorities without prejudice to any resulting administrative or penal procedures. Member States should also inform Frontex on the follow-up measures.

[***]

21. In addition to pursuing a regular exchange of information with external partners engaged in fundamental rights protection activities, in particular the Fundamental Rights Agency (FRA), the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM) and the EU Anti-Trafficking Coordinator, Frontex will endeavour to ensure their regular involvement in the relevant operational activities in accordance with the Working Arrangements with these partners. The involvement of these external partners or others should be foreseen in the Operational Plan, which should also define the scope of the cooperation.

22. Frontex will also seek advice from its external partners on the relevant instructions or guidelines for officers taking part in Frontex activities. These instructions or guidelines, which should form an integral part of each Operational Plan, could relate to methods for better identifying people seeking international protection, proper treatment of vulnerable groups including potential victims of trafficking or fundamental rights monitoring of operational activities. The final aim is to promote the highest standards in compliance with fundamental rights by the development and promotion of best practices.

[***]

External Relations

28. Frontex cooperation with Third Countries’ border-guard services is conducted under the EU External Relations Policy and shall therefore be guided by the principle of the respect of human rights. Frontex is committed to adjusting its cooperation arrangements and activities to the EU foreign policy measures adopted as a consequence of the human rights situation in the partner Third Country.

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The Implementation

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38. In order to increase the transparency and credibility of this process, external third parties, in particular those representing civil society, shall be involved. Their concerns and perspectives must be taken into account for the evaluation and revision of the strategy. Frontex, national border-guard services, external partners and representatives of civil society shall therefore have the possibility to exchange views and suggest means of improvement for the strategy and the Action Plan in a consultative forum, to be convened periodically at Frontex Headquarters.

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Click here for the Frontex strategy document.

Click here for Frontex press release.

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by | 04 Apr 2011 · 04:50

Nationalities of Migrants Who Arrived in Malta from Libya Last Week

From the Times of Malta (sources: Home Affairs Ministry and parliamentary replies) and as noted on EASO Monitor:

Nationalities of migrants who arrived last week

  • Somalia – 411
  • Eritrea – 250
  • Ethiopia – 87
  • Ivory Coast – 26
  • Mali – 16
  • Pakistan – 14
  • Sudan – 6
  • Nigeria – 6
  • Yemen – 2
  • Mauritania – 1
  • Total: 819

Migrants in Malta before Libya crisis

  • Held in detention: 79
  • Living in open centres: 2,224
  • Living in the community: 1,400
  • Total: 3,703

Migrant arrivals in previous years

  • 2007: 1,702
  • 2008: 2,775
  • 2009: 1,397
  • 2010: 27

Click here for article.

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by | 03 Apr 2011 · 06:20

Maltese Conditions for Hosting Frontex Mission Not Accepted by Frontex

The Times of Malta has posted copies of an exchange of correspondence between Home Affairs Minister Carmelo Mifsud Bonnici and Frontex Director Ilkka Laitinen.   The Times of Malta article does not identify the source of the correspondence.  It appears likely that the posted correspondence does not include all of the recent communications between Malta and Frontex.  However, that which has been made available by the Times of Malta provides additional background information regarding Malta’s refusal to host a Frontex mission.

According to the posted correspondence, on 10 March, Mifsud Bonnici made an urgent request to Frontex for a new Joint Operation and deployment of a Rapid Border Intervention Team.  Malta’s request however was conditioned upon Frontex agreeing to the establishment of a joint processing centre outside of Malta and an agreement not to follow the non-binding Guidelines pertaining to the surveillance of the sea external borders contained in Part II of the Annex to Council Decision 2010/252/EU.

On 29 March, Director Laitinen responded.  Laitinen said that on 22 March he took the decision to deploy a RABIT team to Malta and that a fact-finding visit to Malta took place 24-25 March, but that during the visit, the Frontex delegation was informed that Malta would agree to accept a RABIT deployment only if Malta’s requests for the creation of the joint external processing centre and the Joint Operation were organised simultaneously with the RABIT deployment.  Laitinen said that as of 28 March Frontex had received 10 official answers from Member States responding to Malta’s request for contribution to a possible Joint Operation and creation of the external processing centre; 9 of the answers were negative or questioned the concept of joint operation:  “According to the replies – and also indicted by the number of missing replies – it is obvious that the MS consider the establishment of a joint processing centre as an issue that needs discussion and agreement on political level.  It remains doubtful from legal point of view that a joint operation not applying the non-binding part of the Maritime guidelines – Council decision No 2010/252/EU – could be developed and implemented under Frontex coordination.”

Mifsud Bonnici’s initial letter was written before the first migrant boat from Libya arrived  in Malta on 28 March.  Presumably discussions between Malta, Frontex, and the Commission are ongoing.

Click here or on this link (Mifsud Bonnici Ltr – 10 March 2011 ) for the letter from Mifsud Bonnici to Laitinen.

Click here or on this link (Laitinen Ltr – 29 March 2011 ) for the letter from Laitinen to Mifsud Bonnici.

Click here for Times of Malta article.

A third letter from Commissioner Malmström was also posted by the Times of Malta.  It makes reference to the exchange discussed above.  More on this and on Malta’s call for triggering the Temporary Protection Instrument later.

Click here or on this link ( Malmström Ltr – 1 April 2011 ) for the letter from Malmström to Mifsud Bonnici.

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by | 01 Apr 2011 · 17:35

The Arab Spring meets the European Winter (by Chappatte)

© Chappatte - http://www.globecartoon.com - Used by Migrants At Sea with permission.

 

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by | 31 Mar 2011 · 01:49

France Restores Border Controls at Italy-France Border to Block Entry by Tunisians

Growing numbers of Tunisians are arriving in the Italian border town of Ventimiglia (Vintimille), on the border with France, and are attempting to enter France.  3500 Tunisians have reportedly arrived in recent weeks.  Most of the newly arriving Tunisians appear to have passed through Lampedusa in recent weeks and were then relocated elsewhere in Italy to relieve the overcrowding on the island.  Many of the Tunisians arriving in Lampedusa have been very clear about their desire to continue on to France due to family or linguistic ties.

France has reinstituted some border controls in the area in an effort to block the entry of the Tunisians.  Additional controls are being instituted within French territory in Menton and Nice.  La Stampa reports that “[p]eople smugglers, who had largely disappeared when border checkpoints [in the Schengen area] were closed down, are now increasingly common. [Smugglers] seek out the migrants at the station [in Ventimiglia] and offer to take them to France…”  Le Point suggests that “by discretely allowing illegal immigrants to arrive in Ventimiglia, Italy is hoping that Europe will wake up and share the burden.  Italian Foreign Minister Franco Frattini on Wednesday criticised France for returning Tunisians to Italy after crossing the border, accusing France of a lack of solidarity.

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

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