Category Archives: EU and EU Organizations

Drones for Human Rights

The New York Times on Monday published an opinion article entitled “Drones for Human Rights” by Andrew Stobo Sniderman and Mark Hanis who are the co-founders of the Genocide Intervention Network.

They write that “[d]rones are not just for firing missiles in Pakistan….  It’s time we used the revolution in military affairs to serve human rights advocacy.”  They acknowledge the legal, political, and practical problems of using surveillance drones to monitor human rights abuses, but using the current situation in Syria as an example, argue that one “could record the repression in Syria with unprecedented precision and scope. The better the evidence, the clearer the crimes, the higher the likelihood that the world would become as outraged as it should be. … If human rights organizations can spy on evil, they should.”

Mark Kersten, writing on his Justice in Conflict blog, acknowledges the potential value of drone surveillance, but is generally critical of the proposal: “[I]n the context of ‘drones for human rights’, the risk is that the human gets removed from the experience and accounting of human rights violations. What would seem to matter is not personal experience but the particular configuration of pixels on a screen. This is folly. The process of victims, survivors and witnesses being involved shouldn’t be exchanged for the ‘unprecedented precision and scope’ of the photographs offered by drone technology. If anything, the role of victims, survivors and witnesses in the process of seeking and delivering justice should be enhanced.”

As the NY Times opinion articles points out, surveillance drones are deployed in a variety of non-military missions, including border control.  The U.S. Customs and Border Protection agency has deployed surveillance drones on the U.S.-Mexican border for years.  Frontex has been exploring the possible use of surveillance drones (unmanned aerial vehicles or UAV) for some period of time.  In January Frontex organised a 3 day live demonstration of UAVs at Greece’s Aktio Air Base where international manufacturers performed a series of test flights over the west coast of Greece.

Surveillance drones could certainly be used for search and rescue operations at sea and along remote international borders.  Could human rights organisations deploy their own drones in an effort to detect and monitor migrant boats as they embark on a dangerous trip across the Mediterranean?  Presumably this could happen, but practical problems, including the expense and legality of such missions, make such a possibility unlikely anytime soon.   But the use of drones by Frontex or national coastguards is not far off and it will be important to ensure that this new capability is used properly and not only as a border control tool to facilitate push-back operations at sea.

Click here for link to NY Times op-ed.

Click here for link to Justice in Conflict blog post.

Click here and here for links to Frontex research regarding drones.

Click here for Guardian article about the UAV industry’s plan for a “public relations effort to counter the negative image of the controversial aircraft.”

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Filed under Aegean Sea, Analysis, European Union, Frontex, Greece, Mediterranean

UNHCR: “Mediterranean takes record as most deadly stretch of water for refugees and migrants in 2011”

Full Text of UNHCR Briefing Note, 31 January:

“This is a summary of what was said by UNHCR spokesperson Sybella Wilkes – to whom quoted text may be attributed – at the press briefing, on 31 January 2012, at the Palais des Nations in Geneva.

According to UNHCR estimates, more than 1,500 people drowned or went missing while attempting to cross the Mediterranean to reach Europe in 2011. This makes 2011 the deadliest year for this region since UNHCR started to record these statistics in 2006. The previous high was in 2007 when 630 people were reported dead or missing.

Last year is also a record in terms of the massive number of arrivals in Europe via the Mediterranean, with more than 58,000 people arriving. The previous high was in 2008 when 54,000 people reached Greece, Italy and Malta. During 2009 and 2010, border control measures sharply reduced arrivals in Europe. The frequency of boat arrivals increased in early 2011 as the regimes in Tunisia and Libya collapsed.

Our teams in Greece, Italy, Libya and Malta, warn that the actual number of deaths at sea may be even higher. Our estimates are based on interviews with people who reached Europe on boats, telephone calls and e-mails from relatives, as well as reports from Libya and Tunisia from survivors whose boats either sank or were in distress in the early stages of the journey.

Survivors told UNHCR staff harrowing stories of being forced onboard by armed guards, particularly during April and May in Libya. The actual journey took place on unseaworthy vessels with refugee and migrant passengers often forced into having to skipper boats themselves. In addition, some survivors told UNHCR that fellow passengers beat and tortured them. Judicial investigations are ongoing in Italy following these reports.

The majority of last year’s arrivals by sea landed in Italy (56,000, of whom 28,000 were Tunisian) while Malta and Greece received 1,574 and 1,030 respectively. The vast majority arrived in the first half of the year. Most were migrants, not asylum-seekers. Only three boats landed from mid-August to the end of the year. In addition, according to Greek government figures, some 55,000 irregular migrants crossed the Greek-Turkish land border at Evros.

We are disturbed that since the beginning of 2012, despite high seas and poor weather conditions, three boats have attempted this perilous journey from Libya, with one going missing at sea. This boat, carrying at least 55 people raised the alarm on 14 January, warning of engine failure. Libyan coast guards informed UNHCR that 15 dead bodies, all identified as Somali, were found washed up on the beaches last week, including 12 women, two men and a baby girl. On Sunday, three more bodies were recovered. It was confirmed later that all those that perished were Somali residents of the makeshift site in Tripoli known as the Railway Project.

The other two boats that made it to Malta and Italy in January required rescuing. The first rescue of 72 Somali nationals by the Italian coast guard took place on 13 January. Those rescued included a pregnant woman and 29 children.

The second boat was rescued by the Maltese Armed Forces on 15 January with the support of the US Navy and a commercial vessel. In total 68 people were rescued from a dinghy found drifting some 56 nautical miles from Malta. A baby girl was born on one of the rescue vessels. Another woman reported a miscarriage during the voyage.

UNHCR welcomes the ongoing efforts of the Italian, Maltese and Libyan authorities to rescue boats in distress in the Mediterranean. We renew our call to all shipmasters in the Mediterranean, one of the busiest stretches of water in the world, to remain vigilant and to carry out their duty of rescuing vessels in distress.

For further information on this topic, please contact:

In Rome: Laura Boldrini on mobile +39 33 55 403 194

In Valetta: Fabrizio Ellul on mobile +356 99 69 0081

In Geneva: Sybella Wilkes on mobile +41 79 557 91 38”

Click here for link to statement.

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Filed under Data / Stats, European Union, Greece, Italy, Libya, Malta, Mediterranean, News, Statements, Tunisia, UNHCR

Libya Asks EU to Assist with Renovation of Migrant Detention Centres

At a press conference held last week, Libyan Interior Minister Fawzi Abdelali asked the European Union for assistance in dealing with new immigration flows and specifically requested assistance to renovate 19 existing migrant detention centres.  (Global Detention Project identified 27 dedicated immigration detention centres in Libya as of late 2009.)

Libyan officials have said recently that irregular migration flows are resuming.  AFP reported that Libyan interior ministry spokesman General Abdelmonem al-Tunsi said on 19 January “that illegal immigration had resumed since the end of the anti-Kadhafi revolt” and “thousands of people from … Syria were also entering through the Massad terminal on the border with Egypt, apart from Africans infiltrating through the southern borders.”

Italian Prime Minister Mario Monti traveled to Tripoli on 21 January to meet with the Libyan NTC.  Prior to his trip Amnesty International sent Monti a letter urging him to address numerous matters with the Libyans, including the eradication of torture, reforming the criminal justice system, and ratifying the Refugee Convention.

Amnesty also called upon Italy not to resume push-back operations at sea and to refrain from cooperating with Libya on other migration control practices until appropriate reforms are instituted within Libya.  There are fears that Italy is moving towards resuming coordination with Libya on immigration control matters.  Italian Interior Minister Anne Marie Cancellieri is reportedly scheduled to travel to Tripoli next month to discuss bilateral cooperation on immigration.

Translated excerpts from Amnesty’s press statement regarding the AI letter to PM Monti:

“With regard to cooperation on migration between Italy and Libya, Amnesty International calls on the Italian Government:

  • To desist from conducting any operation of ‘refoulement’ (deportation) at sea to Libya and cooperating with Libya to intercept migrants and reject them;
  • To set aside the Memorandum of Understanding on ‘migration control’, signed with the National Transitional Council (CNT) on June 17, 2011, until a thorough review is conducted of the impact on human rights agreements signed by the two countries in this area, and until the necessary changes have been introduced in order to ensure that the ‘immigration control’ is never carried out at the expense of human rights;
  • To ensure that all forms of cooperation with the Libyan authorities are absolutely transparent and subject to the commitment and ability of both parties to fully respect the human rights of asylum seekers, refugees and migrants, and are consistent with the international law of human rights and international refugee law….”

Click here for AI Letter. (IT)

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

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

Statewatch Analysis: The Arab Spring and the death toll in the Mediterranean: the true face of Fortress Europe

Statewatch released an Analysis by Marie Martin entitled “The Arab Spring and the death toll in the Mediterranean: the true face of Fortress Europe.”

Excerpt: “Throughout the uprisings in North Africa, the EU has maintained a discourse of double standards: supporting calls for freedom and democracy but greeting resulting population displacement with hostility. This has contributed to a record number of people dying at Europe’s borders during the first seven months of 2011. It is all about numbers when it comes to migration; about how large a flow came in, how many people asked for protection and how many applicants were “failed” or “rejected.” Numbers quantify the “threat” (e.g. the “invasion” of irregular migrants) and serve as a bargaining tool with third countries (allowing the acceptance of the externalisation of border controls in exchange for facilitating the mobility of a specific number of nationals). Numbers demonstrate whether the target of “x” thousands of annual deportations of irregular migrants is met. Numbers released by public authorities are meant to justify the need for migration policies and to show how efficiently they are implemented. Yet hidden numbers question the legitimacy of these policies – the death toll of people dying at Europe’s borders is such an example. For several years, Gabriele del Grande has monitored the situation at the EU’s external borders and kept a record of the number of deaths occurring in the context of irregular bordercrossings [2] on the Fortress Europe website. According to the website’s latest update, the EU’s borders have never been so “murderous” [3]: there were 1,931 deaths during the first seven months of 2011. [4] In 2008, a petition was brought before the European Parliament by the ProAsyl organisation, denouncing the  deathtrap at the EU’s borders” [5]: it was a particularly “murderous” year, with 1,500 deaths. It is terrifying to realise that this toll was exceeded in the first seven months of 2011. …”

Click here for Analysis.

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Filed under Algeria, Analysis, Egypt, European Union, France, Frontex, Italy, Libya, Malta, Mediterranean, Morocco, Spain, Tunisia, UK

Frontex Quarterly Report for 2011 Q3

The Frontex Risk Analysis Unit (RAU) released its 3rd Quarter Report (July-September) for 2011 on 18 January.  (See also  2nd Quarter Report (April-June 2011) and 1st Quarter Report (Jan-March 2011).) The reports contain a significant amount of information, graphs, and statistical tables regarding detections of illegal border crossings, irregular migration routes, detections of facilitators, detections of illegal stays, refusals of entry, asylum claims, and more.

The Report is based on data provided by Member States.  The Report states that “Frontex and the Member States are currently harmonising their illegal-migration data, a process that is not yet finalised. Therefore more detailed data and trends in this report should be interpreted with caution and, where possible, cross-referenced with information from other sources.”

Here are extensive excerpts from the Q3 Report:

Executive summary – In Q3 2011 most indicators monitored within FRAN community increased compared to a year ago. For example, detections of illegal border-crossing and refusals of entry both reached much higher levels than in Q3 2010. Moreover, more applications for international protection were submitted than in any other quarter since data collection began in 2008. Consistent with recent years, the majority of illegal border-crossings were limited to a small number of hotspots of irregular migration such as the Eastern and Central Mediterranean routes, accounting for 50% and 33% of the EU total, respectively. However, in Q3 2011 there was also a rise in the importance of the Western Mediterranean route, now representing nearly 10% of the EU total. At the EU level, the most commonly detected migrants were from Afghanistan, yet due to the recent increases in the number of migrants from Pakistan and Nigeria (by seven and ten times compared to Q3 2010, respectively) these nationalities have moved to the second and third position.

In Q3 2011 there were 19 266 detections of illegal border-crossing in the Eastern Mediterranean, a seasonal increase to a level almost exactly comparable with the same period in 2010. As was the case throughout 2010, detections were concentrated at the Greek land border with Turkey, where Afghans accounted for nearly half of all detected migrants. However, at this border section detections of migrants from Pakistan increased massively compared to last year and now rank second….

In contrast to the consistent wave of irregular migration in the Eastern Mediterranean, the situation in the Central Mediterranean has been volatile in 2011, dependent on the political developments and civil unrest across North Africa. For example, civil unrest in this region, particularly in Tunisia, led to a dramatic increase in detections in the Central Mediterranean early in 2011. Consequently, in March 2011 some 14 400 Tunisian migrants arrived in the Italian island of Lampedusa. In April an accelerated repatriation agreement was signed between Italy and Tunisia, which resulted in a 75% reduction in the flow of Tunisians, but the region was then inundated by large numbers of sub-Saharan migrants arriving in Lampedusa, Sicily and Malta, many having been forcibly expelled from Libya by the Gaddafi regime. Since the National Transitional Council successfully gained control of Libya, this flow stopped abruptly in August. However, in Q3 2011 there were 12 673 detections of illegal border-crossing on this route, where Tunisian and sub-Saharan migrants, particularly Nigerians, are still arriving in significant numbers.

In Q3 2011 there were more detections in the Western Mediterranean (3 568) since mid 2008. A wide range of migrants from North African and sub-Saharan countries were increasingly detected in this region. However, it is difficult to analyse the exact composition of the flow as the number of migrants of unknown nationality on this route doubled compared to the previous quarter. This may indicate an increasing proportion of nationalities that are of very similar ethnicity and/or geographic origin.

The flows of migrants arriving in the EU had a significant effect on the number of applications for international protection submitted: in Q3 2011 there were a massive 64 801 applications submitted across Member States. The largest increases in submitted applications were reported by Italy and involved nationals of Nigeria, Ghana, Mali and Pakistan. However, the applications submitted by nationals of Pakistan and Afghanistan also increased across a wide range of other Member States, such as Germany and Austria. In contrast to increasing applications for international protection were fewer detections of facilitators of irregular migration than ever before. This widespread and long decline may be because organized crime groups are increasingly recruiting would-be migrants by offering them legitimate entry to the EU with false or fraudulently obtained documentation. This is less risky and carries lower detection probability for facilitators than, for example, accompanying migrants across the border….

[***]

4.1 Detections of illegal border-crossing – [ … ] The third quarter of each year is usually associated with weather conditions favourable for approaching and illegally crossing the external border of the EU. Correspondingly, conditions that are favourable for illegal border-crossings are also more conducive to detecting them. The combination of these two effects resulted in the highest number of detections in each of the last few years being reported in Q3 2011. In contrast, in 2011 detections were higher in the second than in the third quarter, because of exceptionally high detections in the first half of 2011, rather than particularly low detections in Q3 2011. At the sea border, there were 15 418 detections which is a 44% reduction compared to Q2 2011, but a fivefold increase compared to Q3 2010. In contrast, there were 23 079 detections at the land border which was a 68% increase compared to the preceding quarter, but a 22% reduction compared to Q3 2010. Hence, detections decreased at the sea border, particularly in Italy, and increased at the land border to a level comparable to 2010….

[… ] In the first half of 2011 the situational picture of irregular migration to the EU was dominated by illegal border-crossings reported by Italy. This influx was due to a surge of Tunisians in Q1 and sub-Saharan African migrants in Q2 arriving in the Italian island of Lampedusa in the wake of major civil unrest in North Africa (the so-called Arab Spring), which has now, to some extent, decipitated. Hence, in Q3 2011 detections in Italy halved compared to the previous two quarters yet remained some six times higher than during the same period last year.

At the EU level the most commonly detected migrants came from Afghanistan, constituting a quarter of all detections despite a 15% decrease compared to the previous year (Fig. 3). The majority of Afghan migrants were detected at the border between Greece and Turkey, with the remaining mostly detected at the southern Italian blue border. Throughout 2010 the most commonly detected migrants were from Albania (mostly circular migrants to Greece), representing 25–45% of the EU total, although in many cases individuals may have been detected several times within a given period. However, in Q3 2011 detections of Albanians fell to negligible levels following their visa-free status for travel to the EU granted in December 2010 (Fig. 3).

Without question, detections of migrants from Pakistan and Tunisia have increased more than any other nationality over the last year (Fig. 3). In the case of migrants from Pakistan, in Q3 2011 most were detected at the border between Greece and Turkey, followed by the southern Italian blue border. This detection profile almost exactly mirrors that of migrants from Afghanistan. In contrast, migrants from Tunisia are almost exclusively detected in Italy, followed by Greece. Although detections of migrants from Tunisia increased dramatically compared with a year ago, they fell massively compared to the peak in Q1 2011.

Another notable phenomenon is the increased rate of migrants from Nigeria detected at the blue border (Fig. 3) mostly in Italy, with some evidence for increasing numbers in southern Spain. In the former case most departed from Tunisia, while in Spain most departed from Morocco. This trend is related to the threefold increase in the number of asylum applications submitted by Nigerian migrants almost exclusively in Italy.

Routes – As illustrated in Figure 4, during the first half of 2011 detections of illegal bordercrossing on the Central Mediterranean route, which comprises the blue borders of Italy and Malta, dramatically increased and exceeded those reported from the  Eastern Mediterranean route, which is made up of the land and sea borders of Greece, Bulgaria and Cyprus. However, in Q3 2011 detections on the Eastern Mediterranean route, by following a remarkably seasonal pattern, similar to that of 2010, once more exceeded detections on the Central Mediterranean route, where detections fell dramatically compared with the peak in the first six months of 2011.

These routes not only differed in their trends over time but also in the composition of detected nationalities. For example, detections on the Eastern Mediterranean route have, for the last year at least, comprised of large numbers of Asian, North African and sub-Saharan nationalities including increased detections of migrants from Pakistan. In contrast, nationalities detected in the Central Mediterranean have evolved throughout 2011. In Q1 2011 mostly Tunisians were detected after they had departed from their own country; in Q2 2011 reduced but still significant numbers of Tunisians were joined by mix of sub-Saharan Africans, many of whom were forcibly expelled from Libya. In the current reporting period detections of Tunisians remained stable, yet the number of sub-Saharan Africans decreased. Figure 4 also shows that in Q3 2011 detections on the Western Mediterranean route increased, mostly of migrants of unknown nationalities but also of Algerians and Nigerians.

4.1.1 Eastern Mediterranean route – Since data collection began in early 2008, the Eastern Mediterranean has maintained its status as a hotspot of irregular migration. Detections have followed a remarkably seasonal pattern invariably peaking in the third quarter of each year, being concentrated at the border between Greece and Turkey with a shift from the sea border to the land border in early 2010. Afghan migrants have consistently featured highly on the list of most detected nationalities. In 2010 there was an increase in Algerian migrants that has since subsided, but more recently there has been a massive increase in the number of migrants from Pakistan detected on this route.

In the current reporting period, detections of illegal border-crossing on this route increased seasonally and in line with previous years, almost exclusively due to a massive increase in detections at the Greek land border with Turkey, where detections increased from 10 464 to 18 509 over the same period. Based on seasonal pattern of detections in previous years, the increase in pressure on this route during Q3 2011 was not entirely unexpected and reached a level almost exactly comparable to that of a year ago. Indeed, according to data collected during JO Poseidon the average number of detections per day immediately subsequent to the current reporting period exceed that during the same period in 2010, immediately prior to the deployment of the first JO RABIT 2010….

[***]

4.1.2 Central Mediterranean route – Irregular migration in the Central Mediterranean has fluctuated in size and composition during 2011, depending on the political and civil unrest across North Africa. Initially detections in the Central Mediterranean massively increased in early 2011 due to civil unrest in the region, particularly in Tunisia, Libya and, to a lesser extent, Egypt. As a result, in Q1 some 20 000 Tunisian migrants arrived on the Italian island of Lampedusa. In Q2 2011 the flow of Tunisian migrants was reduced by 75% following an accelerated repatriation agreement that was signed between Italy and Tunisia. However, the region was then inundated by large numbers of sub-Saharan migrants detected across the region, many claiming to have been forcibly expelled from Libya by the Gaddafi regime. In the current reporting period irregular migration in the region has eased somewhat due to democratic elections* in Tunisia and the National Transitional Council successfully gaining control of Libya. However in Q3 2011 arrivals increased from Egypt and subsequent to the reporting period there was some indication that the flow from Libya has been reinstated.

According to the FRAN data, in Q3 2011 there were more than 12 500 reported detections of illegal border-crossing on the Central Mediterranean route, a 50% decrease compared to the ‘peak’ reported during the first and second quarter of 2011, but still massively increased compared to the background detections throughout all of 2010. Most detections in the Central Mediterranean region were reported from the Italian Pelagic Islands, where detections also fell by a half compared to the previous quarter. In some areas the decrease was even more marked.  For example, in Sicily detections fell by 75% such that in Q3 2011 a stable trend of Egyptians and Tunisians constituted nearly all detections. Detections  ell to an even greater extent in Malta.

4.1.3 Western Mediterranean route – Irregular migration across the Western Mediterranean towards southern Spain was at a low level through most of 2010 averaging just over a thousand detections per quarter. However, pressure has been steadily increasing throughout 2011 until the current reporting period when there were more than 3 500 detections of illegal border-crossing – an increase of two thirds compared to Q3 2010. As a result, the Western Mediterranean is now the third largest point of entry for illegal bordercrossing into the EU. The most common and the most increasingly detected migrants were of unknown nationalities, followed by migrants local to the region from Algeria and Morocco. There were also significant increases in migrants from further afield such as Côte d’Ivoire, Guinea, Nigeria and Congo.

4.1.4 Western African route – The cooperation and bilateral agreements between Spain and the rest of the Western African countries (Mauritania, Senegal and Mali) are developing steadily. They are one of the main reasons for the decrease in arrivals on this route over the last year, as is the presence of patrolling assets near the African coast. Despite a slight increase in Q4 2010, detections on this route remained low and totalled at just 50 detections of exclusively Moroccan migrants in Q3 2011.

[***]”

Click here for Frontex Press Statement.

Click here for Q3 Report.

Click here for previous post on Q1 and Q2 Reports.

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

Deaths at Sea: Tourists and Migrants

Presseurop reproduced a commentary article by Dominic Johnson from the Berlin newspaper Taz (Die Tageszeitung) contrasting the sinking of the Costa Concordia (and the extensive media coverage) with the more common and numerous sinking of migrant boats.  Without minimizing the loss of lives on board the Costa Concordia, and the ongoing efforts by Italian rescuers who continue to put their lives in danger as they search the wreckage, the striking contrast in the media coverage is worth noting.

Taz: “A boating accident with death is a human catastrophe, no matter where and when, and also no matter where the victims are from. … What happened to the cruise ship passengers is common to countless other travelers in the Mediterranean. Tens of thousands of people each year set out to sea on the Mediterranean, pushed into overcrowded fishing boats, inflatable boats, traveling in unseaworthy vessels, without adequate training or equipment without adequate navigation and catering.  They do the unimaginable under precarious conditions, a journey which we take as a holiday in Germany, and pay for it at least as much money. … They are civil war and famine refugees, migrants and others from the countries south of the Mediterranean. … Hundreds if not thousands of them end up as nameless corpses at sea or on deserted rocky beaches. Thousands if not tens of thousands of them end up in the underworld of a crisis-ridden Europe, which has left them no room for humanity yet. The passengers on the ‘Costa Concordia’ are right to complain about [what has happened].  But many thousands of times over, the grief of the bereaved families of the victims of the sea of fortress Europe also deserve to be heard. The dead are among us, whether from luxury cruisers or from the fishing boat.”  [Google translation from German]

Click here and here for articles from Die Tageszeitung. (DE)

Via European Pressphoto Agency- handout photo released by the Italian Police- EPA/ITALIAN POLICE HANDOUT EDITORIAL USE ONLY/NO SALES

AFP PHOTO/ Francesco Malavolta/Getty Images

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Malmström: Europe Failed Refugees in 2011

Commissioner Cecilia Malmström wrote an opinion article in The Times of Malta of 19 January:  “Refugees: How Europe failed- European promises of solidarity with people in need were tested in 2011. It is worrying to note that Europe, collectively, did not pass the test. Now, all member states of the European Union must take responsibility and make sure that 2012 will be a better year for asylum matters. … In the first half of 2011, over 75 per cent of all asylum applications were made in only six EU member states. That leaves a long row of European countries that can and must do more. And as over 700,000 people were forced to flee the violence in Libya, many ended up in refugee camps in neighbouring countries. Of the 8,000 people identified by the UN as being in particular need of help, all EU member states only managed to promise to receive 400. Norway, a non EU-country, accepted nearly as many by itself.  Meanwhile, more than 50,000 migrants crossed the Mediterranean in rickety vessels to the EU. Far too many died trying. Others arrived at the Italian island of Lampedusa and Malta and, at a pledging conference last spring, European countries had the chance to show their solidarity. The result? A mere 300 refugees being relocated from Malta to other member states. …”

Click here for full article.

 

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Statewatch Analysis: The EU’s self-interested response to unrest in north Africa: the meaning of treaties and readmission agreements between Italy and north African states

Statewatch released an Analysis by Yasha Maccanico entitled “The EU’s self-interested response to unrest in north Africa: the meaning of treaties and readmission agreements between Italy and north African states.”  The Analysis provides a description of Italy’s responses to the migrant arrivals in 2011 caused by the unrest in North Africa.

Excerpts:  “The ‘crisis’ reveals questionable practices and routine abuses – The measures adopted in response to the increasing number of migrants arriving from north African countries serve to highlight a number of practices that have become commonplace in Italy in recent years.

The first of these is a widening of the concept of ‘emergency.’ Calling an emergency gives the government a wider remit to derogate from specified laws so as to resolve situations that cannot be dealt with through ordinary measures….

Although the situation in north Africa was worrying, the emergency was called when slightly over 5,000 migrants had arrived. An analysis by Massimiliano Vrenna and Francesca Biondi Dal Monte for ASGI notes that the government has repeatedly called and extended states of emergency since 2002 to deal with immigration, which is treated as though it were a “natural calamity” even when there is a wholly predictable influx of people from third countries. The urgent need specified in decrees declaring a state of emergency is to conduct ‘activities to counter the exceptional – later referred to as massive – influx of immigrants on Italian territory’ (as happened on 11 December 2002, 7 November 2003, 23 December 2004, 28 October 2005, 16 March 2007, 31 December 2007, 14 February 2008 for Sicily, Calabria and Apulia and was extended to the whole nation on 25 July 2008 and 19 November 2009), stemming from a prime ministerial decree of 20 March 2002. Thus, Vrenna and Biondi Dal Monte’s observation that the emergency is ‘structural’ appears well-founded. It has serious repercussions for the treatment of migrants (see below) and the awarding of contracts outside of normal procedures, with the involvement of the civil protection department whose competencies have been expanding considerably.

The second practice involves the expulsion, refoulement or deportation of migrants outside the limits and procedures established by legislation for this purpose. The failure to identify people, to issue formal decisions on an individual basis to refuse them entry or expel them, or to give them the opportunity to apply for asylum or other forms of protection, was a key concern when boats were intercepted at sea and either the vessels or their passengers were taken back to Libya between May and September 2009, when 1,329 people were returned. These rights were also denied to people arriving from Egypt and Tunisia in application of readmission agreements in the framework of the fight against illegal migration. Their presumed nationality was deemed sufficient to enact expulsions to these countries, because ongoing cooperation and good relations with Italy appeared sufficient to indicate that they were not in need of protection, regardless of the situation in their home countries. ….

The third practice is the ill-treatment of migrants held in detention centres. Without dealing with this issue in depth, it is worth noting that what could be viewed as arbitrary detention is occurring on a large scale, in the absence of formal measures decreeing detention and without the possibility of appealing against decisions. In fact, after landing, migrants are summarily identified as either ‘illegal’ migrants or asylum seekers, largely on the basis of their nationality….”

Click here for Analysis.

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Filed under Analysis, Egypt, European Union, Frontex, Italy, Libya, Mediterranean, Tunisia

PACE Rapporteur Completes Malta Trip

Ms Tineke Strik, the PACE Migration Committee rapporteur heading up the investigation into the deaths of boat people in the Mediterranean, completed a two day fact-finding visit to Malta.  From the Times of Malta reporting:  Ms Strik said that the “visit to Malta was important for my inquiry into who is responsible for lives lost in the Mediterranean Sea, and enabled me to piece together another part of the puzzle in the case of the ‘left-to-die boat’. … Nonetheless, the puzzle remains incomplete. Gaps remain and important questions still need to be answered. As time is precious in this kind of inquiry, I very much count on national authorities, NATO and the EU to provide me swiftly with the information I have requested.  … [T]he on-going dispute between Italy and Malta on their respective responsibility with regard to the disembarkation of boat people rescued at sea remains a cause of serious concern.”

Click here and here for articles.

 

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Filed under Council of Europe, European Union, Frontex, Italy, Libya, Malta, Mediterranean, News

Transatlantic Trends: Immigration Survey 2011 / US and European Public Opinion

Transatlantic Trends has released a public opinion survey: “The results of the 2011 Transatlantic Trends: Immigration survey captures U.S. and European public opinion on a range of immigration and integration issues.  The most important highlights of this year’s survey show

  • 1) there is a remarkable stability of general immigration opinions over time,
  • 2) the public supports European Union burden-sharing on migration resulting from the Arab Spring and increasingly favors European responsibility for setting immigrant admissions numbers, and
  • 3) the public tends to favor highly educated immigrants but still prefers immigrants with a job offer.

Now in its fourth year, Transatlantic Trends: Immigration (TTI) measures public opinion on immigration and integration issues on both sides of the Atlantic. The countries included in the 2011 version of the survey were the United States, the United Kingdom, France, Germany, Italy, and Spain…. [***]

Key Findings of the Survey – General Perceptions – Stability in Public Opinion: Basic public stances on immigration have not changed notably in the last year, even in Europe where the perceived threat of movement resulting from the Arab Spring was a central issue. Immigration remained a second order concern for the public, following the economy and unemployment. Perceptions of immigration as a problem or opportunity have changed little since 2008, the first year of the survey. In 2011, 52% of Europeans and 53% of Americans polled saw immigration as more of a problem than an opportunity, with the strongest pessimism in the United Kingdom (68%)…. [***]

Forced Migration, the Arab Spring, and Burden-sharing – Sympathy for Forced Migration for Various Reasons. The public was sympathetic to the plight of migrants forced to flee their homes for a number of reasons: to avoid persecution, armed conflict, and natural disaster. Fewer but still a majority of respondents were also in favor of accepting migrants seeking to avoid poverty. Respondents in Spain (76%), Italy (68%), and the United States (64%) were the most supportive of those fleeing poor economic conditions, compared to a European average of 58%.

Key Findings of the Survey – Forced Migration, the Arab Spring, and Burden-Sharing – Dealing with the Arab Spring:  Europeans in general were very open to helping countries in North Africa and the Middle East experiencing the turmoil and aftermath of the Arab Spring with either trade (84% in favor) or development aid (79% in favor), though they were wary of opening their labor markets to migrants from the region (47% in favor) and would prefer that migrants who were admitted stay only temporarily. Eighty percent of European respondents supported European burden-sharing to cope with the flows emanating from the region….[***]”

Click here for TTI Key Findings statement.

Click here for TTI Report.

Click here for TTI Topline Data.

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ICMC Europe Report: “MAYDAY! Strengthening responses of assistance and protection to boat people and other migrants arriving in Southern Europe”

ICMC has released a 150+ page report entitled “MAYDAY! Strengthening responses of assistance and protection to boat people and other migrants arriving in Southern Europe.”  I have just started reading the report and may post some additional excerpts in the coming days.  Here is an excerpt from the Foreword and Introduction:

“In the first months of 2011 alone, more than 2,000 migrants have died crossing the Mediterranean Sea. More than 2,500 unaccompanied children arrived just on Italian shores. Tragic, chronic figures like these are urgent and continuous reminders of the need for another approach to human mobility that goes far beyond simple enforcement and fundamentally recognises the rights to life and protection for all.

It is not so much the arrivals of migrants and refugees that should be put to question, but rather the response mechanisms which very often fail as much in the fields of prevention and rescue as in the processes deciding where and how people are permitted to move, disembark, stay or return. Protection today is provided only for a limited number of boat people who need it, and governed by systems of access and identification that are far too limited. Correct identification, differentiation and referral systems are needed for all migrants in distress and from the very moment of their arrival, not only because they are human beings, but also because such approaches reflect the quality of our societies….”

Scope of this report – Gathering the results of nearly a half thousand surveys of first responders and other actors as well as the migrants themselves, this report examines what happens—or does not happen— to identify migrants in need of protection and assistance upon their arrival in Europe. In particular, it sheds light on the mechanisms developed, and gaps both in practice and in policy in responses to boat people and other migrants arriving in mixed migratory movements in four countries at Europe’s Southern door: Greece, Italy, Malta and Spain.

Although rescue at sea at one end and voluntary or enforcement-related return at the other are highly relevant topics and areas of research per se, DRIVE has focused on the situation of migrants at point of arrival. As such, the project and this report look at first responses in the phase immediately upon and surrounding arrival, and then to identification, differentiation and referral mechanisms for legal protection and/or further assistance in subsequent phases following arrival.

The principal focus of the project was on boat arrivals, but the shift in routes in Greece during the project period and the sharp increase in land border crossings there compelled reflection upon responses to migrants crossing land borders as well as those arriving by sea. While the project maintained its focus on arrivals by sea, one of its findings is that most of the laws, policies, procedures and responses applicable to boat people pertain equally to those arriving across land borders—in particular, steps on identification, differentiation and referral for protection and assistance.

The DRIVE project set out to promote protection of the rights of all migrants in these situations, especially the most vulnerable, regardless of their immigration status. Nevertheless, the project has highlighted four groups whose members have come to be defined to a varying extent as having specific rights or special needs under international and European legal instruments: asylum seekers, victims of human trafficking, children, and victims of torture. It merits emphasising however, that other migrants also have special needs because of particular vulnerabilities,- notably people with serious health problems, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to or witnessed torture, rape or other serious forms of psychological, physical or sexual violence.

Structure of this report – The report is composed of four main parts, plus annexes:

Part 1: Building policy responses to boat people and others arriving in mixed migration flows – Within this first part, Chapter 1 provides a brief history of the policy evolution and the organizations involved in the area of mixed migration. Chapter 2 gives an overview of legal obligations relating to the rights of the migrants composing these arrivals. The third chapter provides an analysis of the EU policy and legal framework with regards to mixed migration arrivals at its borders.

Part 2: A focus on post-arrival identification, differentiation and referral for assistance and protection – The first chapter explains what is meant and implied by “identification, differentiation and referral”in mixed migration contexts, the concept at the core of the DRIVE study. The second chapter seeks to focus on the legal obligations of member states to conduct identification of people in need of protection at the border, with in-depth legal analysis of the rights and state obligations that international and EU law articulate for asylum seekers, children, and victims of human trafficking and torture.

Part 3: What happens to people arriving irregularly by boat in Greece, Italy, Malta and Spain? – The first chapter gives a snapshot of the trends and figures of arrivals in the Mediterranean region. In Chapter 2, the summaries of the four country reports (each presented in its entirety in an annex) then provide a look at the procedures and practices on the ground for first reception, identification and referral. The third chapter presents the results of the extensive migrants surveys that the DRIVE project conducted in the four countries in an effort to give voice to the beneficiaries themselves. Chapter 4 concludes with a comparative analysis identifying the main gaps and challenges in those countries.

Part 4: Conclusions and recommendations – The focus on the four countries enabled consideration of practices and procedures which could either improve the quality of the process or prevent people from accessing protection and assistance. Recommendations therefore seek to address how identification, differentiation and referral can be improved in the Mediterranean, including how the international and European legal and policy framework can address this question in a more comprehensive manner.

Annexes: Detailed mapping of the situation in Greece, Italy, Malta and Spain are attached in the annexes, as well as a presentation of some relevant tools and guidelines….”

Click here for Report.

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ECRE Interview with Tineke Strik Regarding PACE Investigation into Migrants Deaths in Mediterranean

ECRE last week published an interview with Ms Tineke Strike regarding the PACE Migration Committee’s ongoing investigation into the almost 2000 migrant deaths that have occurred in the central Mediterranean this year.  The Committee is focusing in particular on the incident that occurred in late March 2011 when unknown ship(s) and aircraft observed and then failed to rescue a disabled migrant boat.  Approximately 60 persons subsequently died.

Excerpts from the ECRE interview:

“[***]  What are the main findings of your report on the death at the Mediterranean so far?

We have spoken with survivors and with the priest who received the request for assistance from the boat in distress, Italian border guards, and the Italian refugee agency, as well as the Italian Refugee Council (CIR), a Member of ECRE. We also talked to different people in Brussels, including NATO, the ambassador of the Council of Europe, Amnesty and several MEPs. Today, during the PACE hearing on November 30 in Paris, we had a discussion with a number of experts in international law, Frontex, UNHCR and ICRC. All in all a lot of information has been gathered.

We have already sent requests for information to find out via satellite maps and logs if there were boats near the distressed boat Once we know under which flags these boats were sailing, we will be able to track which governments might have been responsible and ask them whether they knew that the boat asking for help was in danger or not and how they acted upon that information.

We are actually still waiting for information for this information. It is unfortunate that it takes time to get this information but we are trying to get hold of it through different channels. We have approached High Representative Ashton and asked for her consent to provide us with information from the European Satellite Centre. We have already used this kind of information at the Council of Europe, for example to detect the illegal detention centres that the CIA was using. We therefore hope that Ashton once again will cooperate.

We also asked NATO to provide us with information and have asked all the countries who took part in the NATO action in Libya and who had ships in that region during that period to give us data on where their boats were and when. NATO has promised to request the Member States to provide us with this information, also if these boats were not under the command of NATO. If this does not succeed, we still have our own national parliamentarians that could push their governments in their own country if it is necessary to gather the information.

If countries were involved they might not want to admit that, which makes my position difficult. I am not a judge and I don’t have enforcement powers so I’m partly dependent on the cooperation of various parties.  But I think all parties can benefit from transparency on what has happened, in order to avoid such tragedies in the future.

[***]

How do you think the EU has responded to the turmoil and war in North Africa and, in particular, the following displacement of people in the region and the arrival of some of them to Europe?

In my report following the protests in North Africa, we see that by far the largest part of the people who have fled Libya went to Tunisia and Egypt. There was a lot of fuss in the EU about the 25,000 who eventually fled to Italy. Tunisia took half million, Egypt took a half a million which shows how big the contrast with the EU was, especially considering that Member States were reluctant to resettle refugees from camps in Tunisia. This while Tunisia and Egypt were in a very vulnerable position in the post-revolutionary period. If we really want to help and strengthen stability in the region, we must show these states that they are not alone. These countries generously opened their borders, they understood the situation of the people there and to a great extent we stood aside and just watched.

Then we failed to help out Italy and Malta, especially when countries like France and Denmark wanted to close their borders. This shows exactly how much we are still not politically ready for a common asylum system. We provide beautiful public statements but when it comes down to it, Member States do not want to lose their sovereignty or be troubled by developments elsewhere. I do not think you can have both: either you have a joint system and you show solidarity, or you close all the borders and reinvent the wheel.

Common policies go hand in hand with solidarity and in fact we should look beyond the European borders.  What you see now is that border controls at the external borders of the EU continue to shift to North Africa and sometimes even further. One cannot claim that our responsibilities only begin when people have reached our territory. I was therefore very disappointed when the European Commission replied to a question by MEP Hélène Flautre on this incident saying that the boat was in Libyan waters and therefore they had no power to get involved. If certain acts like push backs at high sea or bilateral agreements with unsafe third countries such as Libya, lead to death or inhumane treatment, EU member states or other countries of the Council of Europe are accountable for a violation of the European Convention on Human Rights. In that sense I have high expectations of the decision of the ECHR in the case of Hirsi and others v. Italy.

[***]

What do you think the impact of your work and the investigation will be?

I hope the report will raise the awareness of the international obligations and also the awareness of the importance of avoiding such tragedies. It is important that violating the obligation to rescue does not remain unmentioned or lead to impunity. If we succeed in proving which actors were wrong. Member States will be more careful and there will be more pressure to cooperate and share the responsibilities, and to establish practical and binding solutions. Being a parliamentary assembly of national parliamentarians, I also hope that the discussion will also take place in Member States. I find it really outrageous that such a tragedy can occur so close to our borders and that we have been so silent about it.

[***]”

Click here for full interview.

Click here for my last post on this topic.

 

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EJML Article, B Nascimbene and A Di Pascale: “The ‘Arab Spring’ and the Extraordinary Influx of People who Arrived in Italy from North Africa”

The latest edition of the European Journal of Migration and Law, Volume 13, Number 4, contains an article by Bruno Nascimbene, Professor of European Union Law, Faculty of Law, University of Milan, and Alessia Di Pascale, Research Fellow, European Union Law, Faculty of Law, University of Milan, entitled “The ‘Arab Spring’ and the Extraordinary Influx of People who Arrived in Italy from North Africa”.

Abstract: “The ‘Arab spring’ which spread in early 2011 and the consequent exceptional influx of people that arrived on the Italian coasts from North Africa put the national reception and asylum systems under particular pressure, also raising the debate on the status to be attributed to these people. Faced with a situation out of the ordinary, Italy immediately addressed a request for help to the European Union, which has revealed the difference of views and mistrust existing between Member States in relation to these issues. This episode also calls into question the scope and effectiveness of the EU migration management framework, particularly in case of strong and unexpected pressure, and its implementation in a true spirit of solidarity.”

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EU Will Not Fund Construction of Evros (Greece-Turkey) Border Fence

Of possible interest to some, Ekathimerni.com reports that the EU has made it clear it will not provide funding to the Greek government for the construction of a border fence along the Greek-Turkish border along the Evros river.  Greece has been planning the construction of the border fence for many months and was seeking €5 million from the EU.  Early proposals called for the construction of a fence over 200 km in length.  The fence that is now being built will be 12 km in length when completed.  “Responding to a question by Euro MP Giorgos Papanikolaou, who is affiliated with conservative New Democracy, European Commissioner for Home Affairs Cecilia [Malmström] said the bloc would not pay for the fence as it would not effectively discourage immigrants or smugglers who would simply seek alternative routes into the European Union, either via another section of Greece’s porous border with Turkey or through the border of another EU member state. [Malmström] reportedly said that the EU would be prepared to fund other measures if they are deemed to be an effective way of curbing illegal immigration into the bloc.”

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CARIM Note: Impact of Arab Revolts on Migration

CARIM has published a Note by Dina Abdelfattah, American University of Cairo, entitled “Impact of Arab Revolts on Migration” focusing on Egypt and Libya.

“Abstract – This paper explores how the revolts taking place in the Arab World would affect the migratory outcomes within the region and internationally. The impact of the uprisings on migration will depend on whether the country is a country of origin or of destination. The paper focuses on two cases-studies: Egypt, being the main sending country in the region, and Libya, a main country of destination for migrants from the North African region as well as from Sub-Saharan Africa. The Arab countries are still going through the transition between an old regime and a new one, with major economic and political unrest and episodes of protests and sit ins as well as military actions and, what is more, this period of unrest is likely to last for some time. The impact of the revolutions on the economic and political status of the country is still to be debated and understood. With the lack of clarity in economic and political policies, migration will continue to be unpredictable.

Résumé – Cet article s’intéresse aux conséquences des révolutions arabes sur les migrations régionales et internationales. L’impact des révoltes diffère dans les pays d’émigration et les pays d’immigration. Ce texte traite de deux exemples : l’Egypte, qui est le principal pays d’émigration dans la région, et la Libye, qui est un important pays de destination pour des migrants nord-africains et subsahariens. Les pays arabes traversent une période de transition, qui risque de durer, entre un ancien et un nouveau régime, avec d’importantes protestations politiques et économiques, des manifestations, et des actions militaires. L’impact des révolutions sur la situation politique et économique des pays arabes doit encore être débattu et analysé. L’évolution des mouvements migratoires est difficile à prévoir en l’absence d’une vision claire des choix politiques et économiques à venir.”

Click here for Note.

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