Category Archives: Frontex

by | 18 Feb 2011 · 15:42

ECRE Interview with Christopher Hein, CIR Director (Italian Refugee Council) Regarding Situation in Lampedusa

ECRE conducted an interview with Christopher Hein, Director of the Italian Refugee Council.  Here are some of the points he made regarding the migrant arrivals in Lampedusa and neighbouring islands:

  • The expeditious deportation of the group of Egyptians who arrived on Sicily earlier this week shows that the readmission agreement with Egypt continues to function whereas the agreement with Tunisia is not functioning at present;
  • CIR is concerned that if Frontex becomes involved with the current situation, Tunisian migrants may be returned indiscriminately;
  • EASO is not capable of assisting at present because it has no staff;
  • The migrants who have arrived need to be processed-  those seeking asylum should be subjected to asylum procedures, those seeking humanitarian protection should be subjected to the humanitarian procedures; and others, where appropriate, should be offered voluntary repatriation;
  • If much larger numbers of migrants were to continue to arrive, obligations under the EU Temporary Protection Direction might be triggered (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).

Click here for full ECRE interview

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by | 17 Feb 2011 · 15:13

Frontex data showing migrant arrivals in Southern Italy as of 13 Feb

Frontex posted data on its web site summarizing migrant detections in southern Italy as of 13 February.  According to media reports, with the exception of a small number of Egyptians who landed in Sicily on Tuesday (it is unclear whether they sailed directly from Egypt), no North African migrants have landed in Italy since 14 February.

From Frontex:  “Warsaw, February 15—According to official data provided by Italian authorities, between January 1 and February 13, 2011, a total of 5526 migrants were recorded landing in the Pelagic Island, in a total of 116 incidents.  This compares to 7,200 for the whole of 2008, the peak year for arrivals of irregular migrants in these islands to date, when Tunisians were the most commonly represented nationality, accounting for 23% of arrivals. Of the official 2011 figures, by far the biggest influx was noted in Lampedusa, where 5031 migrants were recorded between January 1 and February 13, in 80 arrivals….  The table below gives a summary of detections in 2011 until February 13. ”

  Incidents Migrants

Landed

 Male Female Minors Accom-panied minors Unacc-ompanied minors
Lampedusa and Linosa 80 5031 4944 18 69 0 69
Agrigento coast 3 20 20 0 0 0 0
Other places in Sicily 21 211 210 0 1 0 1
Apulia 3 57 43 2 12 6 6
Calabria 8 192 152 14 26 12 14
Sardinia 1 15 15 0 0 0 0
Total 116 5526 5384 34 108 18 90

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by | 17 Feb 2011 · 07:46

Frontex Begins Consultations for Emergency Joint Operation –2010 Frontex Sea Border Rule Should Govern Joint Operation

The European Voice reports that Frontex began consultations yesterday with member states to identify what equipment and personnel they will commit to a planned joint operation with Italy to deter migrants seeking to leave North Africa. “Naval vessels, surveillance aircraft and enhanced radar tracking are likely to be deployed….”

Assuming an emergency joint operation is deployed in the coming days, it may to some extent simply be a revival of Frontex’s Joint Operation Nautilus (slated to be renamed Operation Chronos).  Less than two weeks ago, on 4 February Malta for the second year running announced that it would not host or participate in Operation Nautilus this year due to the success of Italy’s push-back agreement with Libya which eliminated the movement of migrants in the Central Mediterranean.

Malta, however, also likely refused to host the Frontex mission due to the 2010 guidelines governing Frontex enforcement operations at sea which require that intercepted migrants be taken to the country hosting the Frontex mission under certain circumstances.  The validity of the Frontex sea border rule is currently under review by the European Court of Justice.  The legal challenge to the rule was brought by the European Parliament.  Maltese MEP Simon Busuttil initiated the challenge within the LIBE Committee.  It will be interesting to see what role Malta will be willing to play in any new emergency joint operation.  Even though the Frontex sea border rule is under review by the ECJ, the referral clearly requested the ECJ “to preserve the effects of the measure until a new legislative act has been adopted.”  The rule therefore remains in effect.

Click here for EV article.

Click here for the Council decision on the surveillance of  sea external borders (the Sea Border Rule).

Click here, here, here, here, and here for previous posts on the sea border rule and the ECJ challenge.

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by | 16 Feb 2011 · 06:22

Frontex Receives Request for Assistance from Italy (finally)

After several days of inconsistent public statements by Italian officials, according to a statement on the Frontex web site “[t]he Italian Government [on 15 February] requested assistance in strengthening the surveillance of the EU’s external borders in the form of a Joint Operation. In addition, Italy requested a targeted risk analysis on the possible future scenarios of increased migratory pressure in the region in the light of recent political developments in North Africa and the possibility of the opening up of a further migratory front in the Central Mediterranean area. … In the current situation, the Agency foresees its main role as coordinating border guards from among the Member States, particularly with regard to second-line experts in the screening and debriefing of irregular migrants as well as in coordinating an appropriate operational response to the humanitarian needs in the area. In addition, the Agency is investigating the most optimal means by which to adapt a range of technical assets engaged in Sea Border Operations in the Mediterranean to the needs of the Italian authorities.…”

Click here for full statement.

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by | 16 Feb 2011 · 05:37

Video of Yesterday’s EP Plenary Session Addressing Common EU Asylum System and the Italian Migration Emergency

Of possible interest to a few, here are two links to the portions of yesterday’s plenary session of the European Parliament where the Common EU Asylum System and the migration emergency in Italy were discussed by a few MEPs and Commissioner Malmström.  As you can see from my screen shot below of the debate regarding the migration emergency, very few MEPs were in attendance.

Click here (Common EU Asylum System) and here (migration emergency) for link to the BBC’s Democracy Live site with the video.

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by | 15 Feb 2011 · 17:15

Text of Malmström’s Speech to EP Plenary Session

Commissioner Malmström spoke during the EP’s plenary session earlier this afternoon regarding the migration situation in Italy.  Click here for the text of her speech.

 

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by | 15 Feb 2011 · 07:03

Frontex: No Formal Request for Assistance Has Been Made by Italy

Frontex posted a statement on its web site on Monday saying that it is sending a fact-finding team to Italy “to liaise with local authorities and monitor the situation on the ground” but that “[a]s of Monday February 14, Frontex has not received a formal request for assistance from the Italian Government, however, the Warsaw HQ is ready to act if necessary and is preparing an appropriate operational response in the event of it being requested.”

Commissioner Malmström reiterated on her blog that as of yesterday “Italy has not made a formal request for assistance, but of course we are looking at how we can assist both in a humanitarian capacity and practically with the screening of potential refugees (so far it does not seem that any of the Tunisians who have come to Italy have asked for asylum) and with their return.” (“Fortfarande har Italien inte kommit med någon formell begäran om hjälp men vi tittar förstås på hur vi skall kunna bistå både humanitärt, praktiskt med screening av eventuella flyktingar (hittills verkar det inte som om någon av de tuniseier som kommit till Italien har begärt asyl) och med återvändande.”)

Click here for the Frontex statement and here for Malmström’s blog.

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by | 14 Feb 2011 · 20:18

Italy and Malta Call for Extraordinary Meeting of EU Council to Discuss Mediterranean Migration Emergency

Italy has requested an extraordinary meeting of the Council of EU Heads of State to discuss the migration situation in Italy.  According to the EU Observer, “Hungarian [EU Presidency] sources told EUobserver that Budapest ‘will do all it can to accommodate the Italians,’ but the timing is tight, and it is far from certain whether other EU member states will view the situation the same way as Rome.”  The next regularly scheduled meeting of the EU justice and home affairs ministers who would ordinarily consider the situation and Italy’s requests for assistance is scheduled for 24-25 February.

Mario Mauro, MEP, Head of the Italian Delegation (PDL) of the EPP Group in the European Parliament, has also called upon Herman Van Rompuy, José Manuel Barroso, and EP President Jerzy Buzek to convene a meeting of the EU Heads of State within the next few days.  Mauro’s press release describes the situation as “an epic emergency comparable in intensity and scale to the fall of the Soviet Bloc in 1989” and further says that “[w]hat is happening in the Maghreb countries has to fully put into question the weakness of the EU Mediterranean Strategy. The European Commission’s solidarity initiatives or parliamentary debates will not be enough, nor will the prompt use of FRONTEX instruments. We must realise that history is making us face a challenge that has to be tackled with the same determination and the same resources used in recent years to stabilise Eastern European countries. Southern European countries should not be left alone to deal with this urgency.”

In the meantime, the Times of Malta reports that Tunisian security forces are expanding their efforts to secure the departure points in Tunisia.

Click here for MEP Mauro’s Press Release.

Click here and here for articles. (EN)

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by | 14 Feb 2011 · 15:34

Statement by PACE President Çavusoglu Regarding the Arrivals in Lampedusa

PACE President Mevlüt Çavusoglu released a statement today concerning the arrivals in Lampedusa and elsewhere in Italy and called for the proper treatment of those who are arriving, including granting of international protection where appropriate, and asking that there be no mass expulsions.  The statement also said that “it is also absolutely necessary that Europe share the responsibility for these people. Today it is Italy taking the brunt. Tomorrow it could be Malta, next week it could be Greece, in a year Turkey. All of Europe is concerned. In this context, the EU Agency Frontex has an important role to play, but it must abide by all the maritime and human rights provisions applying to rescue and interception at sea.”

The statement also referenced PACE Resolution 1637 (2008), “Europe’s boat people: mixed migration flows by sea into southern Europe” whose provisions include the following:

“9. The Assembly calls on Mediterranean member states of the Council of Europe receiving mixed flows of irregular migrants, refugees and asylum seekers to:

9.1. comply fully with and, when applicable, implement international and regional human rights law, including the European Convention on Human Rights (ETS No. 5), international refugee law, and European Union legislation, including Council Directives 2003/9/EC (laying down minimum standards for the reception of asylum seekers), 2004/83/EC (“refugee qualification directive”) and 2005/85/EC (“refugee procedures directive”);

9.2. comply fully with international maritime obligations on search and rescue, and examine fully any allegations of breaches of these obligations, including allegations of boats being refused assistance and being “pushed back”;

9.3. progressively proscribe administrative detention of irregular migrants and asylum seekers, drawing a clear distinction between the two groups, and in the meantime allow detention only if it is absolutely necessary to prevent unauthorised entry into the country or to ensure deportation or extradition, in accordance with the European Convention on Human Rights; [***]

Click here for Statement.

Click here for PACE Resolution 1637 (2008).

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by | 14 Feb 2011 · 04:08

Malmström Receives Conflicting Information From Italian Government Regarding Need for EU Assistance

Commissioner Cecilia Malmström yesterday described different statements that have been made to her and her staff by Italian Interior Minister Roberto Maroni.  Writing on her blog, Malmström said that she and her staff have had intensive contacts with the Italian Government over the weekend and that the Interior Minister and others said EU assistance was not needed, but that assistance may be needed later in the coming week.  In light of these statements, Malmström expressed her surprise at seeing the Interior Minister’s comments in the media on Sunday where he said he is annoyed with the lack of support from the EU.  (“Così il ministro dell’Interno Roberto Maroni lancia il suo j’accuse:  “Siamo soli, l’Europa non sta facendo nulla”, dice intervistato dal TG5.”)  Malmström speculated that in light of Sunday’s large anti-Berlusconi demonstrations, perhaps the Italian government is simply happy to blame Brussels for something.  Malmström said that tomorrow she will be receiving reports from Frontex and EASO about the situation.

Click here (SV) for Malmström’s blog post.

Click here (IT) for article.

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by | 12 Feb 2011 · 06:00

Italy Requests Urgent Deployment of Frontex Patrols to Coast of Tunisia

Italy on Friday requested an urgent meeting of the EU Justice and Home Affairs Council to address the immigration situation that is developing with Tunisia and the arrivals in Italy of over 2000 Tunisians over the past two days.  Interior Minister Maroni said that the bilateral cooperation agreement between Italy and Tunisia that has in the past controlled departures from Tunisia is not being implemented due to the crisis within Tunisia. (“Il problema è che l’accordo bilaterale che abbiamo con la Tunisia che ha permesso finora di gestire in modo efficace l’immigrazione clandestina, non viene attuato da Tunisi per la situazione di crisi. C’è una incapacità di fronteggiare la situazione da parte dell’autorità tunisina”.)

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

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by | 10 Feb 2011 · 06:10

COE Seminar: Human rights dimensions of migration in Europe (Istanbul, 17-18 Feb)

Thomas Hammarberg, COE Commissioner for Human Rights, and the Turkish Chairmanship of the Council of Europe Committee of Ministers are holding a migration and human rights seminar in Istanbul, 17-18 February.  From the Commissioner’s web site:  The seminar “aims to exchange views on the most important discrepancies between European migration laws and practices and human rights standards, as well as on optimal ways to provide assistance to states in reflecting on and revisiting their migration policies.”

Three general topics will be addressed: Human rights challenges of migration in Europe, Unaccompanied migrant children, and Smuggling of migrants.  Scheduled speakers and participants include:

  • Karim Atassi, UNHCR Deputy Representative to Turkey;
  • Tina Acketoft, PACE Committee on Migration, Refugees and Population;
  • Emily Logan, Irish Ombudsman for Children;
  • Rebecca O’Donnell, Save the Children, Brussels;
  • Elisabet Fura, ECtHR Judge;
  • Martin Fowke, Unit on Trafficking in Persons and Smuggling of Migrants, UNODC;
  • Richard Ares Baumgartner, Frontex Senior External Relations Officer ;
  • Professor Dr. Nuray Ekşi, Chair of Private International Law Department at the Law Faculty of ĺstanbul Kültür University;
  • Professor Theodora Kostakopoulou;

Click here for draft programme.

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by | 07 Feb 2011 · 07:22

Euro-Africa Conference on Illegal Immigration, Human Trafficking, Drug Trafficking, and Terrorism (Napoli, 7-9 February)

The Italian Interior Ministry and the Direzione Centrale dell’Immigrazione e della Polizia delle Frontiere are conducting a three day conference, beginning today, in Napoli, 7-9 February.  In attendance will be top police officials from 45 African countries, 25 EU countries as well as officials from agencies including Interpol, Europol, Frontex and, as observers, representatives of the US FBI and Dept. of Homeland Security.  Among those scheduled to attend are Rodolfo Ronconi, Direttore Centrale dell’Immigrazione e della Polizia delle Frontiere, Interior Minister Roberto Maroni, INTERPOL Secretary General Ronald Noble, EUROPOL Director Rob Wainwright, and Frontex Director Ilkka Laitinen.

According to a draft agenda for the conference, discussion topics will include:

  • Immigration Group – The African continent as a source and place of transit for migratory flows towards Europe across the Mediterranean Sea.  Internal migration within African. Threat assessment, ongoing bilateral initiatives, multilateral initiatives, and methods of law enforcement;
  • Group on human trafficking and organized crime – Criminal networks involved in smuggling: prevention and law enforcement investigative techniques, with particular reference to flows from Greece and Central Africa to Europe;
  • Drug Trafficking Group – African continent: new narcotrafficking directed towards Europe;
  • Group on Terrorism – Cyberspace as a new platform for radicalization: comparing experiences.

Original Italian:

  • Gruppo Immigrazione – Il  Continente africano quale origine e transito dei flussi migratory diretti in Europa attraverso il Mar Mediterraneo.  I fenomeni migratori interni al Continente africano.  Valutazione della minaccia, iniziative bilaterali, multilaterali e metodologie di contrasto;
  • Gruppo Tratta degli esseri umani e criminalità organizzata sul tema “Le reti criminali coinvolte nel traffico di migranti: tecniche di investigazione preventiva e repressiva, con particolare riferimento ai flussi provenienti dalla Grecia e dal Centro Africa verso l’Europa”;
  • Gruppo Traffico di Stupefacenti sul tema “Il Continente africano: nuovo crocevia del narcotraffico diretto verso l’Europa?”;
  • Gruppo Terrorismo sul tema “Il Cyberspazio quale nuova piattaforma per la radicalizzazione: esperienze a confronto”;

Click here (IT) for short article.

Click here (IT) for draft agenda.

I would love to know more about the substance of the conference – if anyone has any information or documents to share, please do so. ( nfrenzen@law.usc.edu ).

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by | 05 Feb 2011 · 05:37

Malta Again Declines to Participate in Frontex Central Mediterranean Joint Operation

The Times of Malta reported on Friday that Malta has for the second consecutive year informed Frontex that it will not host or participate in joint sea patrols in the Central Mediterranean, saying that there is no need for the patrols given the drastic reduction in the number of boat people attributable to Italy’s push-back practice with Libya which has been in effect since 2009.  Only 47 migrants reached Malta in 2010 compared with 2,775 in 2008.  Frontex’s Central Mediterranean joint operation, referred to as Operation Nautilus (renamed Operation Chronos last year), has in past years operated during the summer sailing months when sea conditions are most favourable for small boats.

Last year Malta initially said that it would not host the joint operation due to the then recently approved guidelines governing Frontex enforcement operations at sea which required that intercepted migrants be taken to the country hosting the mission under certain circumstances.  A Maltese government spokesperson later said that the decision not to host the operation was not due to the new guidelines, but was due to Malta’s view that there was no longer a need for the operation because of the success of the Italy-Libya migration agreement. “The reason why we decided not to take part in [the 2010] mission is that we feel there is no need for this year’s EU patrol.  We have noticed that, following the introduction of joint patrols by Libya and Italy last year, the number of illegal immigrants reaching Malta has dropped significantly. We feel that, as long as this operation remains in place, there is no real need for another anti-migration mission on behalf of the EU.”

Click here for article.

See my previous posts:

Italy and Malta question need for Frontex sea patrols (9 July 2010)

Malta says Frontex Chronos Mission not needed due to success of Italy-Libya push-back agreement (29 April 2010)

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by | 04 Feb 2011 · 15:32

COE CPT Completes Ad Hoc Mission to Greece

The Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) released a statement yesterday that it had completed a one week (20-27 Jan.) ad hoc mission to Greece “to assess the concrete steps taken by the Greek authorities to implement long-standing recommendations, in particular those contained in the reports on the CPT’s visits of September 2005, February 2007, September 2008 and September 2009.   In the course of the visit, the CPT’s delegation examined the treatment and conditions of detention of migrants held in aliens detention centres and in police and border guard stations, particularly in the Attica and Evros regions….”  The CPT report to the Greek government is scheduled to be delivered in March 2011.

Among the detention centres visited by the CPT were several Border Guard stations in Evros and the “Filakio Special holding facility for illegal immigrants” where many of persons apprehended along the land border of Greece and Turkey are being detained in deplorable conditions.  Doctors Without Borders released a press statement last week describing the conditions at the Greek detention centres in Evros as unbearable, inhumane, and having reached an emergency situation.

Click here for CPT Press Release.

Click here for Doctors Without Borders Press Release.

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