Category Archives: Frontex

Frontex 3rd Quarter Report

On 16 January the Frontex Risk Analysis Unit released its Report for the Third Quarter of 2010 (July-Sept.).  The report contains data, charts, and graphs detailing detections of migrants, asylum seekers, false document use, detections of facilitators, and other information.  The deployment of Frontex’s RABIT force to the Greek-Turkey border did not begin until 2 November 2010, so the effects of the RABIT deployment do not appear in the Third Quarter.

The Report notes that the “unprecedented peak in illegal border-crossings at the Greek land border with Turkey is the result of a shift from the sea to the land border” coupled with a “large increase in the absolute number of migrants” using Turkey as an EU entry point.  The Report states that there has been an eight-fold increase in the number Maghreb nationals detected at the Greek land border which “is thought to be the result of a displacement effect from the West Africa and Western Mediterranean routes.”

The Report also notes an increase in the number of detections on the Central and Western Mediterranean sea routes compared to Q2 which may be attributable to seasonal variations or “may be indicative of reorganized modi operandi in these areas in response to Frontex Joint Operations, more effective border controls and bilateral agreements implemented in 2008.”  See Figure 3 below.

Excerpts from the Report:

“Detections of illegal border-crossing”

“…  Fig. 2 [see below] shows quarterly detections at the land and sea borders of the EU since the beginning of 2008. The 30% increase in the number of detections between the previous and present quarters is comprised of a 60% increase at the sea borders (although from a lower base) and a 23% increase at the land borders. This means that the shift from sea to land borders has not continued to same extent as in the previous quarters.  Nevertheless in Q3 2010, there were some 29 000 detections of illegal border-crossing at the external land border of the EU, which constitutes 85% of all the detections at the EU level, and the highest number of detections at the land border since data collection began in early 2008….”

“Eastern Mediterranean route”

The Report observes that there has been a shift in illegal crossings from the Greece-Turkey maritime border to the Greece-Turkey land border and notes an increase in the number of nationals from Maghreb countries apprehended at the Greece-Turkey land border.  “This route [being taken by Maghreb nationals] is very indirect, but is thought to be the result of a displacement effect from the West Africa and Western Mediterranean routes….”

See Figure 4 below which shows that detections of illegal border crossers at the land border of Greece have exceeded detections at the sea border since Q1 of 2010.

“Central Mediterranean route”

“There were 2 157 detections of illegal border-crossing during Q3 2010. This is more than a three-fold increase compared to the previous quarter and a third higher than the same period last year. However despite this apparently large increase, detections still remain massively reduced compared to the peak of around 16 000 during the same period in 2008 (Fig. 3)….”

“The JO Hermes 2010 which was operational between June and October 2010, focused on illegal migratory flows departing from Algeria to the southern borders of the EU, specifically to Sardinia. In 2010, there were fewer detections than in previous years….”

“Departures from Libya also remained low. In June 2010, a new law was implemented to serve more severe punishments for facilitating illegal immigration. Ambassadors of the countries of origin were called into the Ministry of Foreign Affairs in Tripoli to be informed about the consequences of the new law, which suggests that this may be a serious implementation.”

“Western Mediterranean route”

“In general, irregular immigration to southern Spain has decreased massively since the beginning of 2006. However, in Q3 2010 there were 2 200 detections of illegal border crossing in the Western Mediterranean, more than twice that of the previous quarter and around a third higher than the same period in 2009. There is growth in the number of detections of a wide range of African nationalities, nine of which more than doubled in number between Q2 and Q3 2010. The most detected nationalities were Algerian, Moroccan, Cameroonian and Guinean.”

“Western Africa route”

“The cooperation and bilateral agreements between Spain and the rest of the Western African countries (Mauritania, Senegal and Mali) are developing steadily, and are one of the main reasons for the decrease in arrivals, as is the presence of patrolling assets near the African coast.”

“According to data collected during JO Hera, the numbers of arrivals in the Canary Islands and detections in West Africa are very low compared to the same time last year. The main nationality and place of departure is from Morocco, to where migrants are returned within a few days.”

Click here for the 3rd Quarter 2010 Report.

Click here for the 2nd Quarter 2010 Report.

Click here for the 1st Quarter 2010 Report.

Click here for my previous post regarding the 2nd Quarter Report.

 

 

 

 

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Filed under Aegean Sea, Algeria, Data / Stats, Eastern Atlantic, European Union, Frontex, General, Greece, Italy, Libya, Malta, Mauritania, Mediterranean, Morocco, News, Reports, Senegal, Spain, Tunisia, Turkey

Greece requests 2d extension of Frontex RABIT deployment due to events in Egypt

Kathimerini reported on 1 February that Greece requested an additional extension of the Frontex RABIT deployment in Greece due to the situation in Egypt and a fear that there may be a surge in migration towards Greece.  The current RABIT deployment is scheduled to end on 3 March.  The deployment was originally scheduled to end in November 2010 and was extended until March 2011.  The Kathimerini article said that Frontex’s initial informal response to the requested extension was positive.

Click here (EL) and here (EN) for articles.

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Filed under Aegean Sea, Egypt, European Union, Frontex, Greece, Mediterranean, News, Turkey

Frontex Signs Cooperation Agreement with Cape Verde

2006 BBC Map of Frontex Deployment

Frontex and Cape Verde signed a “Working Arrangement” on 14 January.  According to the Frontex press release, “the arrangement aims at promoting the development of broad cooperation on operational and technical border security/management matters between the Agency and the competent authorities of Cape Verde, with a view to working toward sustainable partnership. The intended cooperation in areas related to border security and management include exchange of best practices and strategic information, training, capacity-building and collaboration on relevant technologies as well as participation in joint operations. Information sharing regarding people-smuggling and trafficking in human beings is also foreseen as part of the arrangement.”

Frontex has coordinated operations with Cape Verde for many years pursuant to the provisions of bi-lateral agreements between Spain and Cape Verde.  In a September 2010 interview with EurAsylum, Frontex Director Laitinen said:  “In West Africa, Senegal, Mauritania and Cape Verde have all been integrated into Frontex operations for many years with good results, always demonstrating a willingness and capacity to work for the same aims and goals as their European colleagues. Although we do not have formal working arrangements in place yet with these countries, we are able to work together on the basis of their existing bi-lateral provisions with Spain. This cooperation has had measurable results in reducing people smuggling via the Canary Islands and in preventing the loss of human lives at sea.”

Click here for Frontex Press Release.

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Decision from Grand Chamber of ECtHR: Returning Asylum Seekers to Greece Violates European Conv. on Human Rights

The Grand Chamber of the European Court of Human Rights issued a decision today in the CASE OF M.S.S. v. BELGIUM AND GREECE (Application no. 30696/09) (also FR) and concluded that Belgium should not have returned an Afghan asylum seeker to Greece under the Dublin II regulation which mandates that asylum claims are to be considered in the state where the asylum seeker first entered Europe.

This is the first decision from the ECtHR addressing the application of the Dublin II regulation.  According to European Voice, the “Court [currently] has around 960 cases pending that relate to the Dublin regulation, against the Netherlands, Finland, Belgium, the United Kingdom and France, most of them concerning expulsions to Greece.”

I have not had a chance to read the decision closely yet, but here is some basic information about today’s decision (more to follow in a subsequent post):

Excerpts from the Court’s Press Release (click here for FR):

“In today’s Grand Chamber judgment in the case M.S.S. v. Belgium and Greece (application no. 30696/09), which is final, the European Court of Human Rights held, by a majority, that there had been:

A violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the European Convention on Human Rights by Greece both because of the applicant’s detention conditions and because of his living conditions in Greece;

A violation of Article 13 (right to an effective remedy) taken together with Article 3 by Greece because of the deficiencies in the asylum procedure followed in the applicant’s case;

A violation of Article 3 by Belgium both because of having exposed the applicant to risks linked to the deficiencies in the asylum procedure in Greece and because of having exposed him to detention and living conditions in Greece that were in breach of Article 3;

A violation of Article 13 taken together with Article 3 by Belgium because of the lack of an effective remedy against the applicant’s expulsion order.”

ECRE released a statement describing the decision as a “major blow to the Dublin system.”  Excerpts from the ECRE statement:

“Bjarte Vandvik, ECRE Secretary General, stated: ‘This judgment is a major blow to the Dublin system. The assumption that all EU Member States respect fundamental rights and that it is therefore safe to automatically transfer asylum seekers between EU countries no longer stands. Europe must seriously rethink the Dublin system and replace it with a regime that ensures the rights of asylum seekers are respected’.

This judgment will affect many asylum seekers in Europe. In 2010 alone, EU countries requested Greece to examine the applications of almost 7,000 asylum seekers who had entered the EU through Greece. Their situation will now need to be re-examined in light of this ruling.

Bjarte Vandvik [also] stated: ‘European countries must comply with the Court’s ruling, stop sending asylum seekers back to Greece, and examine asylum applications themselves until a fair asylum system is in place in Greece’.

The Dublin system fails refugees and Member States and needs to be changed.  This ruling reflects the serious shortcomings in the asylum procedure in Greece and in Belgium and it also highlights the flaws in the Dublin system itself. ECRE has long stressed that Dublin shifts responsibility for asylum seekers to states at Europe’s frontiers. Also, it allows refugees to be sent back to European countries where their fundamental rights are not respected.

As a first step in the right direction, ECRE supports the Commission proposal to review the Dublin Regulation, as it introduces significant humanitarian reforms and important procedural safeguards. For example, the proposal makes it easier for asylum seekers to join family members living in Europe, protects the rights of children who have arrived alone and ensures the continuity of care for vulnerable persons.

However, these are only temporary measures that do not solve the sometimes devastating impact of the Dublin system on asylum seeker’s human rights. Ultimately the Dublin Regulation should be abolished and replaced by a more humane and equitable system that considers the connections between individual asylum seekers and particular Member States.”

Click here for full ECRE Statement on the decision.

Click here (ECHR Blog) and here (Free Movement Blog) for some initial additional thoughts about the decision.

Click here, here, and here for articles.

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Filed under Belgium, Commissioner for Human Rights, European Court of Human Rights, European Union, Frontex, Greece, Judicial, News

Greece May Use Dutch “Ships” to Detain Migrants

Following its announcement that it was considering building a wall along portions of its land border with Turkey, Greek officials announced earlier this month that they are considering the acquisition of two floating migrant detention centres from the Netherlands.  The two vessels would be leased and would have the capacity to hold approximately 1000 persons.  Greece reportedly was considering using passenger ships to detain migrants, but decided that floating detention centres used by Dutch authorities in Rotterdam are a better option.  The floating detention centres would be used in conjunction with prefabricated detention facilities that are being constructed on land to detain the large numbers of migrants being detained by Greek and Frontex authorities along the Greek-Turkish land border.

Click here and here for articles. (EL)  (Read with Google translate)

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INEX Report and Interview with Frontex Director Laitinen

A final report prepared as part of the INEX Work Package 3 “Value Dilemmas of Security Professionals” has just been released.  The Report is entitled “Ethical Security in Europe? Empirical Findings on Value Shifts and Dilemmas across European Internal-External Security Policies.”  The report’s authors are Dr. Matteo Tondini and Dr. Isabelle Ioannides.  The report contains extensive empirical findings and policy recommendations that are based primarily on two case studies: “the recent interception of migrants in the Central Mediterranean Sea undertaken by the Italian authorities” and “the implementation of anti-terrorism/radicalisation measures in the Netherlands and the UK.”

The report contains a significant amount of information which will be of interest to anyone concerned with migrant interdiction practices in the Mediterranean (and elsewhere).  I will try to post a few summaries of some portions of the report in the coming days, but in the meantime I wanted to call attention to an interview that was conducted in May of this year by Dr. Tondini with Frontex Executive Director Ilkka Laitinen as part of the research project.  A transcript of the interview is included in the report. [INEX Laitinen Interview 12May2010]

In the interview Mr Laitinen said that contrary to the information contained in the Human Rights Watch Report of 21 September 2009, Frontex had no involvement in the 18/19 June 2009 incident where Italian and Libyan authorities jointly intercepted and returned a group of migrants to Libya.  He noted that the recent agreements between Libya and Italy had closed the central Mediterranean migration route and that it is therefore now “the right moment for the Agency to intervene, with the aim of consolidating the results achieved so far … The only way of doing this is to cooperate with neighbouring countries such as Libya.”  And while Mr Laitinen stated that the “respect of fundamental rights is a crucial part of the European border control service” he also stated that “the right of boat people to claim asylum or other forms of protection outside [Member States’] territorial waters is not yet acknowledged Europe-wide.”  In response to this latter point, Dr. Tondini pointed out that it is the position of the Italian government that if an asylum claim is made on board an Italian vessel, the asylum seeker is supposed to be transported to Italy for the purpose of making a formal claim.

(Thank you to Matteo Tondini for sharing the Report.)

Click here for the final Report.

Click on this link- INEX Laitinen Interview 12May2010 -for the transcript of the Interview.

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Filed under Analysis, Data / Stats, European Union, Frontex, Italy, Libya, Mediterranean, Reports

Commission Issues New “EU Internal Security Strategy”

Earlier today the Commission released a Communication entitled “The EU Internal Security Strategy in Action.” The Communication to the EP and Council contains 41 proposals in five general areas: organised crime, terrorism, cybercrime and cyber security, border management, and crises and disasters.  It contains a strategy which is described as an effort to identify, explain, and coordinate what the EU seeks to achieve in the area of internal security.  The accompanying Commission Press Release quotes Commissioner Malmström as stating that “EU internal security has traditionally been following a silo mentality, focusing on one area at a time. Now we take a common approach on how to respond to the security threats and challenges ahead. Terrorism, organised, cross-border and cyber crime, and crises and disasters are areas where we need to combine our efforts and work together in order to increase the security of our citizens, businesses, and societies across the EU. This strategy outlines the threats ahead and the necessary actions we must take in order to be able to fight them….”

Here are several excerpts (with some footnotes omitted) from Objective Number 4 entitled “Strengthen security through border management”:

“[***] In relation to movement of persons, the EU can treat migration management and the fight against crime as twin objectives of the integrated border management strategy. It is based on three strategic strands.

  • An enhanced use of new technology for border checks (the second generation of the Schengen Information System (SIS II), the Visa Information System (VIS), the entry/exit system and the registered traveller programme);
  • an enhanced use of new technology for border surveillance (the European Border Surveillance System, EUROSUR) with the support of GMES security services, and the gradual creation of a common information sharing environment for the EU maritime domain [25 Commission communication, ‘Towards the integration of maritime surveillance: A Common information environment for the EU maritime domain’, COM (2009) 538 ]; and
  • an enhanced coordination of Member States through Frontex.

[***]

Action 1: Exploit the full potential of EUROSUR

The Commission will present a legislative proposal to set up EUROSUR in 2011 to contribute to internal security and the fight against crime. EUROSUR will establish a mechanism for Member States’ authorities to share operational information related to border surveillance and for cooperation with each other and with Frontex at tactical, operational and strategic level. [27 Commission proposals for the development of the EUROSUR system and for the development of a common information sharing environment (CISE) for the EU maritime domain are set out in COM (2008) 68 and COM(2009) 538 respectively. A six step road map for establishing the CISE was recently adopted – COM(2010) 584.]  EUROSUR will make use of new technologies developed through EU funded research projects and activities, such as satellite imagery to detect and track targets at the maritime border, e.g. tracing fast vessels transporting drugs to the EU. In recent years, two major initiatives on operational cooperation at the maritime borders have been launched – one on human trafficking and human smuggling under the umbrella of Frontex and the second on drugs smuggling in the framework of MAOC-N [28 MAOC-N – Maritime Analysis and Operations Centre – Narcotics] and CeCLADM. [29 CeCLAD-M – Centre de Coordination pour la lutte antidrogue en Méditerranée.]

As part of the development of integrated and operational action at the EU’s maritime border, the EU will launch in 2011 a pilot project at its southern or south-western border, involving those two centres, the Commission, Frontex and Europol. This pilot project will explore synergies on risk analysis and surveillance data in common areas of interest concerning different types of threats, such as drugs and people smuggling. [30 This project will complement the other integrated maritime surveillance projects such as BlueMassMed and Marsuno, which aim to optimise the efficiency of maritime surveillance in the Mediterranean Sea, Atlantic and the northern European sea basins.]

Action 2: Enhancing the contribution of Frontex at the external borders

[***] From 2011 onwards, the Commission, with joint input from Frontex and Europol, will present a report by the end of each year on specific cross-border crimes such as human trafficking, human smuggling and smuggling of illicit goods. This annual report will serve as a basis for assessing the need for Frontex and its joint operations and joint operations between police, customs and other specialised law enforcement authorities to be carried out from 2012 onwards. [***]”

Click here for the complete Commission Document.

Click here for Commission’s Press Release.

Click here for the Feb 2010 Council Draft Internal Security Strategy.

Click here (SW) for comments on Commissioner Malmström’s blog.

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Frontex Map: Current Situation at the External Borders (JANUARY – SEPT 2010)

Frontex has released an updated Third Quarter map, January-September 2010, showing data regarding the situation at the external borders.   Note the information on the map pre-dates the deployment of the Frontex RABIT forces to the Greek border in October/November.  The data shows a 369% increase in detected irregular crossings along the Greek-Turkey land border over the first three quarters of 2010 compared to 2009.

The significant reduction in migrants detected at maritime borders continues:

  • Jan-Sept 2010:   11.163 (estimated preliminary data)
  • Jan-Sept 2009:   39.084
  • 71% reduction

Data by route:

Central Mediterranean route

  • Italy:
    • Jan-Sept 2010:     2.866
    • Jan-Sept 2009:    8.289
    • 65% reduction
  • Malta:
    • Jan-Sept 2010:    29
    • Jan-Sept 2009:    1.289
    • 98% reduction

Western Mediterranean route

Spain (land border):

  • Jan-Sept 2010:   1.089
  • Jan-Sept 2009:   1.369
  • 20% reduction

Spain (sea border excluding Canary Islands):

  • Jan-Sept 2010:   2.592
  • Jan-Sept 2009:   3.540
  • 27% reduction

West African route – Canary Islands (Spain):

  • Jan-Sept 2010:   16
  • Jan-Sept 2009:   2.212
  • 99% reduction

Eastern Mediterranean route

Greece (TUR land border):

  • Jan-Sept 2010:   31.021 (estimated preliminary data)
  • Jan-Sept 2009:   6.616
  • 369% increase

Greece (sea borders):

  • Jan-Sept 2010:   5.606 (estimated preliminary data)
  • Jan-Sept 2009:   23.735
  • 76% decrease

Click here to view Jan-Sept 2010 Map.

Click here for link to Jan-June 2010 Map.

Click here for link to 2009 Map.

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Filed under Aegean Sea, Data / Stats, Eastern Atlantic, European Union, Frontex, Greece, Italy, Libya, Malta, Mediterranean, News, Spain, Turkey

Migreurop Report: European borders- Controls, detention and deportations

Migreurop has released its second report on Europe’s borders: “European borders- Controls, detention and deportations.”  Migreurop describes the report as a “[denunciation of] the « externalization » process of the European union migratory policy [which] shows how third countries are obliged, through the threat of the reconsideration of cooperation agreements and development aid, not only to readmit the migrants chased from Europe, but also to keep them on their own territory from travelling towards its doors.   From Calais area in France to the edge of Turkey and the Adriatic sea, from the surroundings of Gibraltar to the Sahel Saharan desert and the new member states of eastern Europe, a subcontracting of migratory control is carried out in series, sometimes very far away from the Union but also within its territory, especially when it deals with sending asylum seekers from country to country considered as unwanted. A large population of exiles, from both sides of the European borders, is subjected to arbitrary incarceration, wandering, and the constant humiliation of a hostile environment….”

Here is the Table of Contents:

Introduction

  • What have migrants become 3

Ceuta, a gilded prison

  • A murderous border 7
  • A legal limbo 8
  • The situation of migrants in detention 8
  • The situation of migrants in the CETI (open centre) 9
  • Deportations and expulsions 12
  • Surviving without resources 14

Sahel-Saharan countries, Europe’s new sentries

  • I – European interference in inter-African migrations – the case of Mauritania 18
    • The “crisis of the cayucos” 18
    • 1. Cooperation instigated by Europe 18
    • 2. Mauritania tramples on its own principles and conforms 21
    • 3. Subcontracting repression and endangering foreigners 22
  • II – Bargaining between Libya and Europe: migrants as an exchange currency –the case of Niger 33
    • 1. A reciprocal exploitation 34
    • 2. An increasingly repressive control of borders 37
    • 3. Arrests and detention in Libyan territory 39
    • 4. A deadly expulsion policy 42
  • Conclusion: the real face of Kadhafi’s pan-Africanism 44

Poland, Romania: how to be good state members in the enlarged EU

  • I – At the new frontiers: the screening of migration 47
    • 1. Reducing the transit and deserving Schengen 48
    • 2. The border police, Frontex and cooperation with other European states 48
  • II – Reception and detention centres 52
    • 1. The detention of foreigners 52
    • 2. Reception centres: isolating asylum seekers 60
    • 3. “Dublinized” asylum seekers 61
  • III – Returns 63
  • IV – Intolerance towards migrants and refugees 66
  • V – Embryonic mobilizations 70

The Ionian and Adriatic seas: forced returns between Italy and Greece

  • A new migration route at Europe’s gates 73
  • I – Controlling and blocking 75
    • 1. Controls in Greece 75
    • 2. Controls at sea 77
    • 3. Controls in Italian ports 78
  • II – Turning back and readmission 82
    • 1. Arbitrary practices and violation of rights 82
    • 2. The port of Venice: collective returns 83
    • 3. The port of Ancona 86
    • 4. Forced return to Greece 86
  • III – Detention 88
    • 1. At the borders and at sea: areas beyond legality 88
    • 2. Detention in Italy 89
    • 3. Detention in Greece 90
  • IV – Some cruel situations 93
    • 1. In Greece 93
    • 2. In Italy 96
  • V – Mobilizations 97
    • 1. In Venice 97
    • 2. In Ancona 97
    • 3. In Greece 98

Ping-pong at the Greco-Turkish border

  • Selective expulsions and random readmissions 106
  • Reactions to a degrading and sometimes murderous situation 107
  • Assistance, support, resistance 108

Dismantling the Calais jungle: a deceptive operation

  • I – The declared objectives of the 22 September 2009 operation 112
  • II – The real objectives of dismantling the jungle 113
  • III – The Modus Operandi: brutality and trickery 115
  • IV – What next? 116

Migreurop network 121

Annexes 122

  • Knocking down walls and defending the right to migrate 122
  • UNHCR-Libya : the bid is rising, migrants pay the price 124
  • All for the closure of camps for migrants, in Europe and beyond 125
  • Italia and Libya: hand in hand 127
  • Roma people victims of the French government xenophobia 128

Click here for the report (EN), or  here (FR), or here (ES).

Click here for article (ES) in Periodismo Humano about the report.

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Filed under Aegean Sea, Eastern Atlantic, English Channel / La Manche, European Union, France, Frontex, Italy, Libya, Mauritania, Mediterranean, Morocco, Niger, Reports, Spain, Turkey, UNHCR

JHA Council 8 Nov. Meeting Results

The Justice and Home Affairs Council met on 8 November.  A Council press release containing the “provisional version” of the main results of the meeting includes the following summaries relating to the CEAS and FRONTEX:

“Common European Asylum System (CEAS) – Ministers continued work on the establishment of a Common European Asylum System (CEAS) on the basis of a discussion paper (15561/10). The CEAS includes a package of six legislative proposals which EU member states have committed to adopt by 2012.

The main focus of the debate was on the developments since the October Council, in particular as regards the four proposals that have been identified as priority instruments on the legislative side of the CEAS: the Directives on Qualification and on Long Term Residents and the Regulations on Dublin II and Eurodac. Furthermore, the Presidency identified a number of possible priority objectives, reflecting the discussion at the discussion at the Ministerial Conference on Asylum in September 2010, for the new European Asylum Support Office (EASO) . The EASO will soon be operational and is designed to become an important tool for practical cooperation and solidarity in the asylum area. …

FRONTEX regulation –  The [Mixed Committee (the EU plus Norway, Iceland, Liechtenstein and Switzerland)] discussed the state-of-play concerning revised rules for the external borders agency FRONTEX. Some of the issues outstanding include the development of a common integrated risk analysis model, the processing of personal data and the creation of a European system of border guards.

Council preparatory bodies will continue to discuss the text. Negotiations with the European Parliament have not yet started.

On 24 February 2010 the Commission submitted a proposal to amend Council Regulation (EC) No 2007/2004 (6898/10)….

Click here for Council press release.

Click here for Background paper for the JHA Council meeting.

Click here for the CEAS discussion paper.

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New Paper: M Tondini, “Fishers of Men? The Interception of Migrants in the Mediterranean Sea and Their Forced Return to Libya”

A new legal paper by Dr Matteo Tondini entitled “Fishers of Men? The Interception of Migrants in the Mediterranean Sea and Their Forced Return to Libya” is available.  This paper should be read by anyone with any interest in Italy’s current push-back practice with Libya.  Dr Tondini is currently a post-doctoral researcher at the Vrije Universiteit AmsterdamFaculty of Social SciencesDepartment of Governance Studies.  The paper has been produced as part of the INEX Project, financed by the EC under the FP7 (http://www.inexproject.eu).

The paper refers to some unpublished material and interviews. Here is the abstract:

“This paper presents an extensive account and assesses the legality of the recent naval constabulary operations – undertaken by Italian and Libyan military vessels – in the central Mediterranean Sea, aimed at intercepting boat people in international waters and returning them to the Northern African coasts. If considered as a border control operation, the interception of migrants and their debarkation in a third country often lacks a valid legal basis. The latter is easier to be found under maritime law, by ‘labelling’ interceptions as rescue missions. Nevertheless, such operations must be conducted according to state obligations under human rights law and refugee law (especially the non-refoulement rule), which only allow Italian vessels to disembark boat people to a ‘safe third country’. The paper concludes that since Libya cannot be considered a ‘safe third country’ in this sense, the interception of migrants on the high seas and their forced return to Tripoli may entail violations of maritime, human rights, migration and refugee law at both an international, European and domestic level.”

Click here or here to access the paper.

(Thank you to Dr Tondini for bringing this paper to my attention.)

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Bulgaria Prepares for Admission to Schengen Zone and Begins Patrols on Black Sea

The Sofia News Agency Novinite reports that Bulgaria has added five new coast guard ships which will soon begin patrolling Bulgaria’s Black Sea border.  The patrols are a requirement for Bulgaria’s impending admission to the Schengen Zone which is set to occur in March 2011.

The ships will reportedly be included in “Bulgaria’s integrated system for the observation of the sea border, which is part of the European External Border Surveillance System (EUROSUR)” and “will be taking part in operations of the Frontex Agency … under the European Patrol Network project.”

Click here for article.

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Frontex 2nd Quarter Report

The Frontex Risk Analysis Unit has released its Report for the Second Quarter of 2010 (April-June).  It is a 30+ page report containing data, charts, and graphs detailing entry routes, detections of migrants, detections of facilitators, and other information.

Excerpts from the Report’s Executive Summary:

Illegal migration pressure in the EU underwent a foreseeable seasonal increase during the second quarter of 2010, but is still clearly in a period of decline.…

The widespread decline in illegal migration pressure is probably due to two key factors. The first is decreased employment opportunities in the EU …  [and the] second is stricter migration and asylum policies in Member States, supported by much more effective collaboration with key third countries. For example, stricter migration and asylum policies in Norway and the UK have reduced the number of applications in these Member States…. Similarly, bilateral agreements between Italy and Libya, and between Spain and both Senegal and Mauritania, continue to control, for the time being at least, most illegal migration via the Central Mediterranean and West African routes, respectively.

Notwithstanding the general decline in detections, there were two emerging trends in the second quarter (Q2) of 2010: a continued and intensified shift from the Greek sea border to the Greek land border with Turkey….  In the beginning of 2009 illegal crossings of the EU external border between Greece and Turkey were divided roughly equally between the land and sea borders.  However, there has been a gradual and recently intensified shift to the land border. Reasons for this shift from sea to land borders are linked to the effectiveness of the Frontex activities in the Aegean Sea, combining surveillance activities with identification of illegal migrants, and opening the possibility of return to origin countries for detected migrants. ….

Main trends:

  • There is a general decline in illegal migration to the EU compared to a year ago;
  • For the time being, Turkey is the main transit country for illegal migration to the EU….;
  • In the Eastern Mediterranean route, there has been a gradual and recently intensified shift from the Greek-Turkish sea border to the land border, where 90% of detections were made….   At the Greek-Turkish land border around 60% of detections were made at the Border Control Unit (BCU) Orestiada which is under the biggest pressure. Air connections to Turkey are increasingly used by migrants from North Africa, who then illegally cross the EU external border with Turkey. As well as effective Frontex-coordinated joint operations at the sea border, potential explanations for this shift include cheaper facilitation costs, a lower risk crossing, lower detection rates…;
  • There were increased detections on the Central Mediterranean route, probably due to the recent re-organisation of criminal groups in response to effective bilateral agreements in the area. In June 2010 Libya expelled the United Nations High Commissioner for Refugees (UNHCR), with whom 9,000 refugees and 4,000 asylum-seekers were registered and who, in the absence of protection, may now attempt entry to the EU.

Click here for the 2nd Quarter Report.

Click here for the 1st Quarter Report.

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Filed under Aegean Sea, Analysis, Data / Stats, Eastern Atlantic, European Union, Frontex, Greece, Italy, Libya, Malta, Mauritania, Mediterranean, News, Reports, Senegal, Spain, Turkey

EU Official Journal Notice re ECJ Challenge to Frontex Sea Border Rule

The European Court of Justice published a routine notice and summary in the Official Journal regarding the EP’s pending challenge to the validity of the Frontex rule regarding the surveillance of the sea external borders (Council Decision 2010/252/EU (“Frontex / Sea borders”)).

I reproduce the Notice here in full:

Action brought on 14 July 2010 — European Parliament v Council of the European Union

(Case C-355/10) (2010/C 246/58)

Language of the case: English

Parties

Applicant: European Parliament (represented by: M. Dean, A. Auersperger Matić, Agents)

Defendant: Council of the European Union

The applicant claims that the Court should:

— Annul Council Decision 2010/252/EU ( 1 ) of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union;

— Order that the effects of the Council Decision be maintained until it is replaced;

— order Council of the European Union to pay the costs.

Pleas in law and main arguments

Parliament seeks the annulment of the contested Decision on the grounds that it exceeds the scope of the implementing power in Article 12(5) of the Schengen Borders Code ( 2 ) in that it introduces rules on ‘interception’, ‘search and rescue’ and ‘disembarkation’ which cannot be considered to be within the scope of ‘surveillance’ as defined by Article 12 of the Schengen Borders Code and which cannot be considered to be non-essential elements, and modifies the essential elements of the Schengen Borders Code which are reserved to the legislator. Moreover, the contested Decision modifies the obligations of the EU Member States relating to Frontex operations, which are laid down in the Frontex Regulation ( 3 ).  Should the Court annul the contested Decision, Parliament nonetheless considers it would be desirable that the Court exercise its discretion to maintain the effects of the contested Decision, in accordance with Article 264 (2) TFEU, until such time as it is replaced.

( 1 ) Council Decision of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union OJ L 111, p. 20

( 2 ) Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) OJ L 105, p. 1

( 3 ) Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union OJ L 349, p. 1

Click here for link to EU OJ.

Click here and here for earlier posts on the case.

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Filed under European Union, Frontex, Judicial, News

Frontex: Current Situation at the External Borders (JANUARY – JUNE 2010)

Frontex posted this map to its web site this week.  According to Frontex, “[t]he map describes the current migratory situation at the external borders of the EU, including the main entry routes of irregular migration into the European Union.”

Note the significant reductions in migrants detected at all maritime borders:

  • Jan-June 2010 – 6.557
  • Jan-June 2009 – 26.398
  • Decrease of 75%

This 75% decrease over the first six months of 2010 compared with the first six months of 2009 is on top of the 43% reduction in migrants detected at maritime borders in 2009 relative to 2008:

  • 2009 – 48.700
  • 2008 – 84.900
  • Decrease of 43%

Note the further breakdown of the figures in the Legends of the two maps.  You probably need to click on the links to view higher quality images of the maps.

Click here for link to Jan-June 2010 Map.

Click here for link to 2009 Map.

Current Situation at the External Borders (January - June 2010)

Current Situation at the External Borders (January - June 2010)

Situation at the External Borders (2009)

Situation at the External Borders (2009)

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Filed under Aegean Sea, Data / Stats, Eastern Atlantic, European Union, Frontex, Mediterranean, News