Category Archives: Aegean Sea

by Niels Frenzen | 07 Mar 2016 · 05:36

NATO Expands Aegean Sea Migrant Patrols Into Turkish and Greek Territorial Waters – Rescued Migrants to Be Automatically Returned to Turkey

NATO announced on Sunday, 6 March, that its Aegean Sea patrols have been expanded to Greek and Turkish territorial waters. NATO patrols have been operating only in international waters. And while NATO says its ‘mission is not to stop or turn back those trying to cross into Europe’, NATO has made it clear that NATO ships will return rescued migrants directly to Turkey: ‘In case of rescue at sea of persons coming via Turkey, they will be taken back to Turkey.’ NATO’s plan to summarily return intercepted migrants is consistent with previous statements made by the British and German defence ministers who have said that the purpose of the NATO mission is to stop migrants and return them to Turkey.

NATO’s characterisation of its operation seems to be an attempt to draw a distinction between a push-back practice where any migrant boat, regardless of whether it is in need of rescue, would be intercepted and pushed back and a search and rescue operation providing assistance to migrant boats in need of rescue. This is meaningless distinction given the current situation in the Aegean where every migrant boat is in need of assistance or rescue.

NATO ships are subject to the same rescue at sea obligations imposed by the SOLAS and SAR Conventions as all other ships and are obligated to disembark rescued persons in a ‘place of safety.’ And while disembarking in Turkey is safer than disembarking in Syria or Libya, there are serious questions as to whether Turkey is a place of safety. See the recent Q&A issued by Human Rights Watch concluding that Turkey is not a ‘safe third country’ as defined by EU law. While the question of a ‘place of safety’ under the SAR Convention is not identical to the ‘safe third country’ question under EU law, the fact remains that rescued migrants should not in all cases be automatically returned to Turkey without adequate screening and processing. The failure to screen rescued migrants is a clear violation of the non-refoulement obligations of the individual EU and non-EU States operating under the NATO command.

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Filed under Aegean Sea, European Union, Frontex, General, Greece, News, Turkey

Tagged as Deaths at sea, European Union, Frontex, Germany, Greece, Human Smuggling, Migrants, NATO, Non-refoulement, Place of safety, Push-Back Practice, Refugees, Safe third country, SAR Convention, SOLAS Convention, Turkey

by Niels Frenzen | 07 Sep 2015 · 05:17

HRVP Mogherini’s Summary of Informal Meeting of EU Foreign Ministers on Refugee Crisis: The meeting “was not an easy one…”

These are excerpts/highlights from comments made by HRVP Federica Mogherini at the conclusion of Saturday’s, 5 September, informal meeting of EU foreign ministers. The full text of her remarks is here.

The meeting “was not an easy one…”
“[W]e need to start using the right words: [the crisis] is partially a migrant flow, but it is mainly a refugee flow, which puts us in a different situation when it comes to our legal and moral duties.”
“I hope – finally, finally – we all realise that these people are coming to Europe, not to one or another Member State. … Unfortunately, it took us some months to realise this, but maybe that awareness is finally there.”
“We are all facing a … dramatic event. I don’t say an emergency event, because this is not an emergency: it is an urgency we are facing, but it is not something that starts one day and finishes another day. It is here to stay and the sooner we accept it, politically and psychologically, the sooner we will be able to respond in an effective way and manage it in an effective way.”
“Now we agreed to strengthen our cooperation – not only within the European Union, but also with the Candidate Countries – on five different levels… Some of them have started already, some of them are going to be further defined … in particular with the package that the Commission is going to adopt in this coming week, with the decisions that the Ministers of Interior and Justice will be called to take within one week, ten days from now.”
“[W]e will have a Foreign Affairs Council, a European Council, which for the moment are planned for October…”
“[W]e agreed to strengthen cooperation on five different elements[:]
- First of all, how to ensure better protection to those in need of protection: asylum seekers are entitled to the status of refugee.
- Second, manage borders in full respect of our values, first of all respect for human rights.
- Third, fighting against smugglers’ and traffickers’ networks. … And as I did with the Defence Ministers the day before yesterday, today I shared again with the Foreign Ministers my suggestion to transit to phase 2 of this operation, which would allow us to operate in high seas to fight the traffickers and smugglers. And I have found a large consensus about that need for the naval operation. Obviously, we will also need to increase the level of our actions against the traffickers organisations on the mainland, when it comes to the Western Balkans route.
- Fourth, strengthening our partnership with third countries, mainly countries of origin and transit. Here, obviously, we are working on readmission and return agreements, but not only. We know very well that it is very important for our partners, especially in Africa and the Middle East, to work together with us on economic developments, opportunities for growth and jobs, especially for their young people. …
- Fifth point, that is maybe the most important, even if it is the most long term plan – it is our common work on what we call the root causes. In this case, that has mainly two aims. One is Libya, when it comes to the Southern corridor. And here, we have re-expressed all our active support to the last phases… hopefully, the last phases of the UN-led negotiations to form a National Unity Government in Libya. … And [the other is] Syria…”

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Filed under Aegean Sea, European Union, Mediterranean, News

Tagged as Austria, European Union, Federica Mogherini, Germany, Greece, Human Smuggling, Human Trafficking, Hungary, Migrants, Refugees, Syria, Turkey

by Niels Frenzen | 06 Sep 2015 · 06:12

UNHCR Launches Web Data Portal on Mediterranean Refugee/Migrant Situation

UNHCR has launched a comprehensive data portal on the Mediterranean refugee and migrant situation and the various responses. The portal contains data, statistical information, maps, reports, situation updates, and other information.

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Filed under Aegean Sea, Analysis, Data / Stats, European Union, Mediterranean, News, Reports, UNHCR

Tagged as Aegean Sea, Deaths at sea, European Union, Greece, Italy, Libya, Mediterranean, Migrants, Refugees, Syria, Turkey, UNHCR

by Niels Frenzen | 05 May 2015 · 05:37

Highlights from Frontex Annual Risk Analysis 2015 – Detections of Illegal Border-Crossing Between Border Crossing Points

Frontex released its Annual Risk Analysis 2015 (also here) on 28 April. Over the next few days I will post some key points and excerpts from portions of the 70 page report which are most relevant to migration by sea. See Executive Summary and Statistical Annex.

This post contains excerpts and key points from the ARA, Section 3, Situational Picture in 2014 / Detections of illegal border-crossing between border crossing points:

• In 2014, detections of illegal border-crossing reached a new record, with more than 280 000 detections. This was twice as many as the previous record of 140 000 detections in 2011, the year of the Arab Spring;
• With a record level of migrants crossing the border illegally, resources are devoted to their immediate care, but not towards screening;
• Syrians and Eritreans did not apply for asylum in the Member States of entry but rather in other Member States;
• As in 2013 and in 2011, the Central Mediterranean route was the main area for illegal border-crossing into the EU, representing 60% of all detections in 2014;
• Around 3 400 people died or went missing at sea in 2014;
• Civilian vessels have been increasingly involved in the detection and rescue of migrants at sea. More than 600 merchant ships have been diverted from their routes to rescue persons at sea in 2014;
• An increasing number of cases have been reported of cargo vessels being used to smuggle migrants from Turkey directly to Italy. This new trend affects the Eastern Mediterranean route, as the departure area, and the Central Mediterranean area, as the arrival area;
• In 2014, 50 800 detections were reported in the Eastern Mediterranean area, representing 18% of the EU total. This was twice as many as in 2013, mostly due to a sharp increase in detections in the Aegean Sea (from 11 829 in 2013 to 43 377 in 2014);
• In 2014 there were 7 842 detections of illegal border-crossing in the Western Mediterranean region, which consists of several areas of the southern Spanish coast and the land borders of Ceuta and Melilla. This total shows an increase of 15% compared to the total of 6 838 reported in 2013.;
• Detections of illegal border-crossing on the Black Sea were extremely rare. However, since 2013, Bulgaria and Romania have reported an increasing number of detections, totalling 433 migrants in 2014.

Excerpts:

“3.3. Detections of illegal border-crossing between BCPs [along land and sea routes in 2014]

In 2014, detections of illegal border-crossing reached a new record, with more than 280 000 detections. This was twice as many as the previous record of 140 000 detections in 2011, the year of the Arab Spring. This unprecedented number of migrants crossing illegally the external border has roots in the fighting in Syria that have created the worst refugee crisis since the Second World War. Indeed, most of the detections at the borders concern migrants from Syria, who later applied for asylum within the EU. [***]

With a record level of migrants crossing the border illegally, resources are devoted to their immediate care, but not towards screening and obtaining information on basic characteristics like their nationality. As migrants quickly continue their journey to other Member States, increasing the movements of persons staying illegally within the EU, this puts the EU internal security at risk. [***]

Indeed, Syrians alone (79 169) represented more than a quarter (28%) of the total as shown in Figure 3. [SEE BELOW.] They were also the top nationality for other indicators, in particular asylum applications, reflecting the dire situation in Syria and the desperate plight of Syrian asylum seekers. However, the vast majority of Syrians did not apply for asylum in the Member States of entry but rather in other Member States for many different reasons, notably because they expect to receive more attractive welfare benefits.

Regarding Eritreans, their detections in 2014 reached a record level (more than 34 500, compared to 11 300 in 2013). They were mostly arriving through Libya on the Central Mediterranean route. Like Syrians, they did not apply for asylum in the Member States of entry, but rather continued to other Member States. Many of the Eritreans stated that they had lived for some time in Libya but decided to leave because of the violence.

Detections of Afghans sharply increased from about 9 500 in 2013 to more than 22 000 in 2014. Afghans were detected on the Eastern Mediterranean route (mostly crossing the Eastern Aegean Sea), and then once again on the Western Balkan route. [***]

Central Mediterranean route

In 2014, more than 170 000 migrants arrived irregularly in the EU through the Central Mediterranean route (see Fig. 4).[SEE BELOW.] As in 2013 and in 2011, the Central Mediterranean route was the main area for illegal border-crossing into the EU, representing 60% of all detections in 2014. Detections were the largest between June and September at over 20 000 per month, but throughout the year, monthly detections were larger than in 2013. Most migrants were Syrians and Eritreans departing from the Libyan coast.

The vast majority were rescued by border-control authorities after issuing a distress call; however, despite best efforts there were many fatalities. Smugglers typically make use of frail, overcrowded boats, with limited fuel available to maximise their profits, putting migrants’ lives at considerable risk. The role of the Italian Navy and the JO Hermes/ Triton was crucial in rescuing an unprecedented number of migrants. Despite these efforts, around 3 400 people died or went missing at sea in 2014 and around 2 800 since the beginning of July according to UNHCR estimates.

Besides naval assets, civilian vessels have been increasingly involved in the detection and rescue of migrants at sea (see Fig. 5). [SEE BELOW.] According to the International Maritime Organization (IMO), more than 600 merchant ships have been diverted from their routes to rescue persons at sea in 2014. These deviations are, in the words of the Secretary General, detrimental to shipping and are not offset by any realistic prospects of salvage awards.

In addition to migrants leaving from Libya, since September 2014, an increasing number of cases have been reported of cargo vessels being used to smuggle migrants from Turkey directly to Italy. This new trend affects the Eastern Mediterranean route, as the departure area, and the Central Mediterranean area, as the arrival area. This practice is further developed under the section related to the Eastern Mediterranean route.

As migrants were rescued in high-sea, they were reported as part of the Central Mediterranean route. Many were disembarked in Apulia and Calabria, to alleviate the burden on reception capacity in Sicily. From a statistical point of view, these disembarkations artificially inflated the number of migrants usually reported on the Apulia and Calabria route. In 2014, there were fewer migrants departing from Egypt and targeting this area of the Italian coast than in 2013. [***]

Eastern Mediterranean route

Since data collection began in early 2008, the Eastern Mediterranean has maintained its status as a hotspot of irregular migration (see Fig. 6). In 2014, 50 800 detections were reported from the area, representing 18% of the EU total. This was twice as many as in 2013, mostly due to a sharp increase in detections in the Aegean Sea (from 11 829 in 2013 to 43 377 in 2014). Detections remained comparatively much lower at the Bulgarian and Greek land borders with Turkey (12 262 in 2013 and 5 938 in 2014).

Sea border

Aegean Sea

Compared to the previous year, the sharp increase in the Aegean Sea in 2014 meant that migrants departed from more areas, and also arrived on a larger number of islands. While the islands reporting the largest number of arrivals remained Lesbos, Chios and Samos, detections were also reported from small islands from North to South, stretching capacity of surveillance. Many migrants claimed to be Syrian, and were thus handed an administrative notice allowing them to stay in Greece for up to six months, even without applying for asylum.

Screening processes of some migrants revealed a high degree of falsely claimed nationalities to avoid return. Not knowing the nationality of migrants who are illegally crossing the border and travelling within the EU is evidently a vulnerability for EU internal security. [***]

Increasing use of cargo ships

Since August 2014 the number of irregular migrants arriving in the Central Mediterranean from Turkey sharply increased compared to earlier in the year and to the same period in 2013. This sharp increase was directly related to the use of cargo ships to facilitate migrants and asylum seekers from Turkey to Italy (for example, see Fig. 7).

To date, Mersin has been the place where those wishing to travel to the EU in an irregular fashion have made contact with the smuggling networks. Wooden boats, however, have departed from various points along south-eastern Turkish coast such as Mersin, Adana and Hatay provinces to reach cargo vessels waiting off shore.

Smuggling migrants from Turkey on board large cargo vessels is extremely profitable, and such funds are likely to be an important source of income for smuggling networks also engaged in other criminal activities. This means that the criminal networks might be financing other criminal activities by exploiting and putting at risk vulnerable groups of displaced families from Syria.

Specifically, the cargo ships, which are often bought as scrap, tend to cost between EUR 150 000 and 400 000. There are often as many as 200–800 migrants on board, each paying EUR 4 500–6 000 for the trip, either in cash a few days before the departure or by Hawala payment after reaching the Italian coast. The cost is high because the modus operandi is viewed as being safe and has been demonstrated as being successful.

Hence, the gross income for a single journey can be as high as EUR 2.5 or even 4 million depending on the size of the vessel and the number of migrants on board. In some cases, the profit is likely to be between EUR 1.5 and 3 million once other overheads such as recruiters, safe houses, shuttle vessels, crew and fuel have been taken into account. Given this level of financial gain it is important to act against this modus operandi not only to stem the flow of irregular migration but also to limit the financial assets of the smuggling networks. [***]

Western Mediterranean route

In 2014 there were 7 842 detections of illegal border-crossing in the Western Mediterranean region, which consists of several areas of the southern Spanish coast and the land borders of Ceuta and Melilla. This total shows an increase of 15% compared to the total of 6 838 reported in 2013.

Like in 2013, the first half of 2014 showed most detections being reported at the land border, mostly from Melilla. Indeed, the Spanish authorities reported several violent attempts to cross the fence.

As mitigating measures, the fence has been upgraded. As a result, in the second half of the year, Spain reported more detections at the sea border than at the land border.

Once in Melilla, migrants are turned over to Spanish Police Headquarters for identification, and many are transferred to the Temporary Centre for Immigrants (CETI – Centro de Estancia Temporal de Inmigrantes). However, this centre only has a limited capacity and some migrants had to be transferred to mainland Spain.

In terms of nationality, most of the migrants are from Western Africa, in particular from Cameroon and Mali. Algerians and Moroccans have also been reported among the top ten nationalities, but mostly at the sea border.

Since November 2014, Spain also reported an increase in detections of illegal border-crossing of Syrians at the land border (more than 250 in November and December), then applying for asylum. This increase, combining with increasing detections of Syrians using forged document to enter to the EU, has prompted Spain to open asylum and international protection offices at the borders of Ceuta and Melilla in March 2015.

Black Sea route

Detections of illegal border-crossing on the Black Sea were extremely rare. However, since 2013, Bulgaria and Romania have reported an increasing number of detections, totalling 433 migrants in 2014.

These incidents still constitute isolated cases, and are possibly linked to the increased surveillance on the Eastern Mediterranean route and the increasing number of migrants waiting in Turkey to reach the EU illegally. [***]”

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Filed under Aegean Sea, Black Sea, Egypt, Frontex, Greece, Italy, Libya, Malta, Mediterranean, Reports, Spain, Statistics, Syria, Tunisia, Turkey

Tagged as Annual Risk Analysis, Border Control, Central Mediterranean, Deaths at sea, Eastern Mediterranean, European Union, Frontex, Maritime migration, Migrants, Refugees, Rescue at Sea, Sea borders, Western Mediterranean

by Niels Frenzen | 07 Jan 2015 · 04:46

IOM Report on Recent Use of Cargo Ships to Transport Syrians to Italy

Excerpts from a short IOM report released on 6 January 2015 on the recent use of cargo ships, specifically the Blue Sky M and the Ezadeen, to transport Syrians towards Italy:

“IOM analysts do believe the prospect of single-nationality cargoes – on these latest voyages, migrants fleeing Syria – creates opportunities for smuggling rings to employ certain economies of scale that were not apparent in the more ‘mixed’ passenger manifests seen leaving Egypt and Libya in 2014.”

“‘The predictability of thousands now fleeing Syria every month allows smugglers to plan for a reliable stream of customers, which of course allows them to set a price point,’ explained Joel Millman, a spokesperson for IOM in Geneva. ‘So they can predict how much revenue each trip will bring, and then quickly deploy vessels and crews’. Millman added that Lebanon’s recent decision to require visas of Syrian migrants seeking to enter Lebanon may divert new migrant traffic to Turkey’s coasts, which will swell demand for smugglers’ services.”

“In the last four months of 2014 IOM learned of larger ‘mother’ ships waiting in open water to receive passengers ferried out by smugglers. Larger ships leaving Turkey loaded with migrants from Syria began appearing in greater numbers late last year in the Eastern Mediterranean.”

“Maritime experts calculate that such ships normally would be available for between USD 100,000 and USD 150,000, allowing smugglers to earn upwards of USD 3 million for voyages like the two that ended in recent days, with up to 900 migrants crammed on board.”

“‘This new route is a direct consequence of the Syrian crisis,’ added IOM’s [Federico] Soda. ‘Despite the end of the Mare Nostrum’s rescue-at-sea operations, arrivals continue because of the many crises close to Europe.’”

Click here for report.

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Filed under Aegean Sea, Frontex, Migrants, Refugees, Reports

Tagged as Blue Sky M, Ezadeen, Frontex, Human Smuggling, IOM, Italy, Maritime migration, Migrants, Operation Triton, Refugees, Rescue at Sea, Syria, Turkey

by Niels Frenzen | 05 Jan 2015 · 07:59

Turkish Coast Guard Reports Intercepting 12,872 Migrants in Aegean Sea in 2014; Some Migrants Pushed-Back into Turkish Territorial Waters

“A total of 12,872 migrants trying to cross into Greece from Turkey over the Aegean Sea were captured by Turkish Coast Guard Command teams in 524 separate incidents in 2014, while 74 people were also arrested on charges of smuggling migrants, Anadolu Agency has reported. The number of migrants who were captured in 2013 was 8,047, including 6,937 on the Aegean Sea. The total number of migrants captured by authorities across Turkey in 2012 was 2,531. The official number in 2011 was 546, which means that the number of captured migrants has increased 24-fold since then. …”

An unspecified number of the intercepted migrants were reportedly subjected to push-back practices where the affected migrants were returned to Turkish territorial waters [“Yasa dışı göçmenlerin bir kısmı da ‘geri atma olayı (gittiği ülkeden Türkiye karasularına geri gönderilme)’ olarak arz edilen olaylar sonucu yakalandı.”].

The push-backs were presumably carried out by Greek patrol boats or possibly by vessels operating pursuant to Frontex Joint Operation Poseidon Sea 2013 (which operated through 2014 Q1).

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

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Filed under Aegean Sea, Data / Stats, European Union, Frontex, Greece, Migrants, Refugees, Turkey

Tagged as Aegean Sea, European Union, Greece, Joint Operation Poseidon, Maritime Interdiction, Maritime migration, Migrants, Push-Back Practice, Refugees, Turkey, Turkish Coast Guard

by Niels Frenzen | 24 Mar 2014 · 05:27

Statewatch Analysis – “New EU rules on maritime surveillance: will they stop the deaths and push-backs in the Mediterranean?”

Statewatch last month released a new Analysis of the EU Regulation for Frontex-coordinated surveillance of external sea borders which is scheduled for a plenary vote in the European Parliament in April. The Analysis, written by Prof. Steve Peers, Univ. of Essex Law School, reviews the enhanced protections to be afforded to intercepted or rescued migrants relative to the earlier Council Decision which was annulled by the CJEU. The Analysis also highlights concerns with various provisions within the Regulation, including:

One significant concern with the Regulation is due to the fact that “the Regulation does not contemplate the scenario of migrants being intercepted in the territorial waters of third States.” (Frenzen’s Note: This raises a serious concern in regard to the push-back and interception practices which have been carried out for many years within the territorial waters of Mauritania and Senegal within Frontex’s Operation Hera. Additionally, prior to the Libyan revolution, Libya authorised Italy to conduct joint maritime patrols within Libyan territorial waters. It is safe to assume that Frontex and some EU Member States will continue to seek the ability to intercept migrant boats within the territorial waters of third States.);
While the Regulation requires that migrants intercepted in the territorial sea or contiguous zone of an EU Member State be disembarked in that Member State, “this [requirement] is subject to a crucial exception: it is possible under the Regulation that a vessel that has made it this close to a Member State could still be ordered to alter course towards another destination.”;
While the bulk of the EU’s asylum legislation does not apply [to interceptions which occur outside of the territorial sea of a Member State,] the EU’s qualification Directive does – since there is nothing in the text of that Directive to limit its territorial scope. But the wording of the Regulation is confusing in this regard, since it does not refer to the detailed text of that Directive but rather to general standards on non-refoulement, which are different from that Directive in some respects….”;
Member States are required to “use all means” to identify intercepted migrants, assess their particular circumstances, and inform them of the intended place of disembarkation, in order to give the migrants the opportunity to assert a non-refoulement claim. The Regulation states that the Frontex operational plan, “where necessary,” must provide for interpreters and legal advisors on shore. “[T]he Council Presidency points out the ‘wiggle room’ granted by the words ‘where necessary’ and ‘use all means.’”

Click here or here for Statewatch Analysis.

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Filed under Aegean Sea, Analysis, Eastern Atlantic, European Union, Frontex, Italy, Libya, Malta, Mauritania, Mediterranean, Senegal, Spain

Tagged as European Union, Frontex, Frontex Sea Border Rule, Hirsi v Italy, Interception at sea, Italy, Libya, Malta, Mauritania, Non-refoulement, Push-Back Practice, Rescue at Sea, Senegal, Spain, Statewatch, Steve Peers

by Niels Frenzen | 16 Oct 2013 · 05:50

EU Mediterranean States Oppose Provisions of Proposed Frontex Sea Borders Regulation Relating to Rescue and Disembarkation

[16 Oct. UPDATE: The document from the six states opposing the proposed Regulation is available here.]

One week ago Commissioner Cecilia Malmström called for an “extensive Frontex search and rescue operation that would cover the Mediterranean from Cyprus to Spain.” Yesterday the ANSA news service reported that all six EU Mediterranean states (Cyprus, Greece, Italy, Malta, France and Spain) have voiced opposition to the proposed Frontex Sea Borders Regulation (COM(2013) 197 final) and specifically to Articles 9 and 10 relating to “Search and Rescue Situations” and “Disembarkation.” ANSA reported that the six member states “expressed disapproval of the draft and called it ‘unacceptable for practical and legal reasons’.” The six countries have reportedly taken the position that there is no need for further regulations pertaining to rescue at sea or post-rescue places of disembarkation since other international laws already “deal ‘amply’ with the matters.”

As you may recall, the earlier version of the Frontex Sea Borders Rule in the form of a Decision was adopted by the European Council in 2010 (Decision 2010/252/EU). The Decision was subsequently annulled by the Court of Justice of the European Union on the ground that it introduced new essential elements into the Schengen Borders Code by way of the provisions on interception, rescue and disembarkation and that such substantive changes required the consideration and approval of the European Parliament. (European Parliament v Council of the European Union, Case C-355/10, 5 Sept. 2012). The proposed replacement for the annulled Decision is in the form of a Regulation but is fairly similar in content.

While the ANSA report does not identify the specific reasons why the six states are opposing the proposal, one can speculate that the objections to Art. 9, Search and Rescue Situations, may be based on a perception that it would expand the obligation to rescue under certain circumstances. For example the Article requires that even in the absence of a distress call, a rescue operation might still be required if other factors are present, including:

the seaworthiness of the ship and the likelihood that the ship will not reach its final destination;
the number of passengers in relation to the type and condition of the ship;
the availability of necessary supplies such as fuel, water, food to reach a shore;
the presence of passengers in urgent need of medical assistance;
the presence of deceased passengers;
the presence of pregnant women or children.

The objections by the six states to Art. 10 regarding places of disembarkation are most likely due to the states’ conflicting positions regarding where disembarkation should occur. While Art. 10 creates a procedure for decisions regarding places of disembarkation to be made by participating member states in advance of joint operations, its provisions identify circumstances under which disembarkation in member state may occur when that state is not participating in the joint operation. Malta and Italy in particular have long disagreed on where disembarkations are to occur. This long standing disagreement obviously contradicts the claims made by the six opposing states that existing international laws already deal “amply” with the disembarkation issue.

Click here for ANSA article.

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Filed under Aegean Sea, Cyprus, European Union, France, Frontex, Greece, Italy, Malta, Mediterranean, News, Spain

Tagged as Cyprus, European Commission, European Council, European Parliament, France, Frontex, Frontex Sea Border Rule, Italy, Malta, Migrants, Refugees, Spain

by kelsperry | 16 Oct 2013 · 05:24

Frontex FRAN Report for Q1 2013

In July of this year, Frontex released its first quarter (January – March) 2013 report. As in past quarters, the 70-page report provided in-depth information about irregular migration patterns at the EU external borders. The report is based on data provided by 30 Member State border-control authorities, and presents results of statistical analysis of quarterly variations in eight irregular migration indicators and one asylum indicator (here is a link to our summary of the 2012 fourth quarter report).

In Q1 2013 all indicators of irregular migration were reduced in comparison with the final quarter of 2012. In most instances these declines were consistent with past documentation of seasonal variation; typically the first few months of each year are associated with reduced pressure at the border compared to other times of the year. Here are some highlights from the report focusing on the sea borders:

The Greek operation Aspida (see the 2012 Q4 summary for details) has resulted in a dramatic reduction of irregular migration across the Greek-Turkish border. As a result, one of the three alternative routes increasingly utilized is: migrants leaving the west coast of Turkey to illegally cross the Eastern Aegean Sea towards the Greek Islands. This border section ranked second at the EU level in terms of detections. Syrians and Afghans were both detected at similar frequencies of around 500 each over the three-month period.
The JO Poseidon Sea 2012 was also active during the reporting period in order to tackle the flow of irregular migrants penetrating the external EU sea borders in the Eastern Mediterranean mainly from Turkey and, to a lesser extent, from Egypt.
Syrians, were increasingly detected at the Greek sea border with Turkey (Eastern Aegean Sea) and the Bulgarian land border with Turkey.
There were fewer detections of illegal border-crossing than ever before, with just 9 717 detections. The drop was limited mostly to sea borders.The JO Poseidon Land 2012 was active during Q1 2013.

Here are excerpts from the Report focusing on the sea borders:

[***]

4.2 Routes
- In the Eastern Mediterranean, detections tend to be characterised by Asian and some North African migrants illegally crossing the border from Turkey into Greece. In the second half of 2012 detections were much reduced following increased operational activity at the Greek land border with Turkey, where most detections were previously reported (see Section 4.1.1.).
- On the main Central Mediterranean route, which includes the Italian Pelagic Islands (Linosa, Lampione and Lampedusa) and Malta, most detections tend to be of migrants arriving on boats from North Africa. During the previous quarter there were fewer detections of North African nationalities such as Tunisians and Egyptians but there was a surge of migrants from sub-Saharan countries such as Eritrea, the Gambia and Mali, all of which were detected in much higher numbers during the last there months of 2012 compared with Q3 2012. In the current reporting period, the number of detected Somalis decreased, resulting in the top three nationalities – Somalis, Gambians and Egyptians– being detected at similarly low levels of around 200–250 each over the three-month period (Fig. 5).
[***]
4.2.1 Eastern Mediterranean Route
- In Q1 2013 there were 2 734 detections of il- legal border-crossing on the Eastern Mediterranean route, which was a decrease of 66% compared to the same period in 2012 but nevertheless still constituting nearly 30% of all detections at the EU level. In effect, this route remained the major entry point to the Schengen area.
  
  With nearly 1 000 detections in Q1 2013, Syrians were by far the most detected nationality on this route. More than half of these detections were in the Eastern Aegean Sea region, with significant numbers also at the Bulgarian land border with Turkey.
  
  [***]
  
  East Aegean Sea
  
  This border section ranked second at the EU level in Q1 2013. The most frequently detected migrants were Syrians and Afghans, followed Sri Lankans, whose number has recently increased.
  
  The JO Poseidon Sea 2012 was operational throughout the reporting period, focusing on tackling the flow of irregular migrants penetrating the external EU sea borders in the Eastern Mediterranean mainly from Turkey and, to a lesser extent, from Egypt.
  
  Syrians have been the most commonly detected migrants during the operation so far in 2013. Most were men travelling alone but here were some family units, and all were heading for Sweden or Germany to claim asylum. Once they entered Turkey, those intending to enter the EU travelled to Istanbul in order to make contact with facilitation networks. They stayed in Istanbul for between 1–12 weeks before being taken by van to the west coast of Turkey to depart towards the Greek eastern Aegean Islands.
  
  Afghans were also detected in this region. Most were previously resident in Iran and had decided to travel to the EU due to deteriorating employment conditions. The Afghan community in Iran can easily find criminal networks that can facilitate them to Turkey and then to Greece. Once in Turkey, the Afghan migrants were transported by public transport to Istanbul and from there mainly by private transportation directly to departure area on the western coast of Turkey, where they boarded rubber boats destined for the Greek eastern Aegean Islands.
[***]

4.2.2 Central Mediterranean Route
- Since early 2011 migrants from Tunisia have been among the most commonly detected migrants arriving in the Central Mediterranean region but during the first three months of 2013 only 75 Tunisians were detected. In fact nearly all of the top 10 nationalities in Q1 2013 were detected in much lower numbers than during the final quarter of 2012.
  
  Migrants from Somalia ranked top in the region but were detected at their lowest level for over a year.
  
  [***]
  
  A total of 233 migrants from the Gambia were detected in the Central Mediterranean during Q1 2013 which is the highest ever level for this nationality resulting in them ranking second in this region, followed by 216 Egyptians.
  
  The JO Hermes 2012 was operational just for the first month of the reporting period. The operation was established to support the Italian authorities in tackling maritime illegal migration on the coasts of Sicily, Pantelleria and the Pelagic Islands (Lampedusa, Linosa, Lampione).
  
  In January 2013, there was only one incident reported under JO Hermes whereby a total of 35 irregular migrants were detected, 32 of which were Syrian and three were Egyptian. [***] The disembarkation point was near Syracuse but this time the interception took place inland, implying that the facilitators (and probably some migrants) evaded detection.
  
  The absence of boats from Tunisia and Libya may be due to the bad weather conditions throughout the Mediterranean area.
  
  Although FRAN data suggest that detections of migrants from Syria were low in this region during the first three months of 2013 (85), there were some reports of boats arriving directly from Syria.
[***]

4.2.3 Western Mediterranean Route
In Q1 2013 there were only around 1 000 detections of illegal border-crossing in the Western Mediterranean region, which consists of several areas of the southern Spanish coast as well as the land borders of Ceuta and Melilla, where three-quarters of all detections were reported. At the end of 2012 we reported vastly increased detections of migrants from Chad, Cameroon, Mali and Guinea arriving in the region of Cadiz but this did not continue into the first few months of 2013.

Analysing the nationalities detected on this route is problematic as half were reported by the Spanish authorities as being of unknown nationality. However, open sources suggest that there have been increased reports of African migrants storming the border fence in Melilla.

[***]

4.2.4 Western African Route

In the first quarter of 2013, there were just a few individual detections of illegal border-crossing in this region, which is the same level as during the same period in 2012. During the previous quarter there were 30 or so detections of both Gambians and Moroccans but neither of these nationalities were apparent in the data exchanged for the first three months of 2013. Hence irregular migration pressure on the Western African route in much reduced.

————

Click here for a copy of the report.

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Filed under Aegean Sea, Analysis, Data / Stats, European Union, Frontex, General, Mediterranean, Reports

Tagged as European Union, Frontex, Frontex FRAN Quarterly Report, Migrants, Refugees

by Niels Frenzen | 29 Jan 2013 · 07:11

PACE Calls for Urgent Measures to Assist Greece and Turkey With Mounting Migratory Tensions in Eastern Mediterranean

PACE, the Council of Europe’s Parliamentary Assembly, adopted a Resolution on 24 January 2013 calling for “firm and urgent measures [to] tackle the mounting pressure and tension over asylum and irregular migration into Greece, Turkey and other Mediterranean countries.” The Resolution noted that Greece, with EU assistance, has enhanced border controls, particularly along its land border with Turkey and while “these policies have helped reduce considerably the flow of arrivals across the Evros border with Turkey, they have transferred the problem to the Greek islands and have not helped significantly in dealing with the situation of irregular migrants, asylum seekers and refugees already in Greece.”

The Resolution makes recommendations to the EU, Greece, and Turkey and calls on CoE members states to “substantially increase their assistance to Greece, Turkey and other front-line countries” in various ways, including:

provide bi-lateral assistance, including by exploring new approaches to resettlement and intraEurope relocation of refugees and asylum seekers;
share responsibility for Syrian refugees and asylum seekers via intra European Union relocation and refrain from sending these persons back to Syria or third countries;
maintain a moratorium on returns to Greece of asylum seekers under the Dublin Regulation.

The Resolution was supported by a Report prepared by Ms Tineke Strik, Rapporteur, PACE Committee on Migration, Refugees and Displaced Persons.

Click here for full text of Resolution 1918(2013), Migration and asylum: mounting tensions in the Eastern Mediterranean.

Click here for PACE press statement.

Click here for Report by Rapporteur, Ms Tineke Strik, Doc. 13106, 23 Jan 2013.

Here are extensive excerpts from the Rapporteur’s Report (which should be read in its entirety):

“Summary – Greece has become the main entry point for irregular migratory flows into the European Union, while Turkey has become the main country of transit. [***]

Europe must drastically rethink its approach to responsibility sharing to deal with what is a European problem and not one reserved to a single or only a few countries. Member States are called on to substantially increase their support for Greece, Turkey and other front-line countries to ensure that they have a realistic possibility of dealing with the challenges that they face. In this the Council of Europe also has a role to play, for example through exploring resettlement and readmission possibilities, assisting States in dealing with their asylum backlogs and putting forward innovative projects to alleviate growing racism and xenophobia towards migrants, refugees and asylum seekers.

[***]

C. Explanatory memorandum by Ms Strik, rapporteur

1. Introduction

[***]

2. Greece is facing a major challenge to cope with both the large influx of mixed migratory flows, including irregular migrants, refugees and asylum seekers, and the current economic crisis. That said it is not the only country struggling to cope in the region. It is impossible to look at the situation of Greece without also examining that of Turkey, which is the main country of transit to Greece and is also having to shoulder responsibility for over 150 000 Syrian refugees.

3. In the light of the foregoing, it is necessary to examine the extent of the migration and asylum challenges at Europe’s south-eastern border, taking into account Turkey and Greece’s policy reactions. Two further elements have to be added to this, namely the social tensions arising within Greek society due to an overload of financial and migratory pressure and also the issue of shared responsibility in Europe for dealing with European as opposed to simply national problems.

2. The storm at Europe’s south-eastern border

2.1. Greece under pressure: irregular migration challenge and economic crisis

4. In recent years, hundreds of thousands of irregular migrants, asylum seekers and refugees crossed the Greek land, river and sea borders with many travelling through Turkey. In 2010, the large majority of mixed migratory flows entered the European Union through the Greek-Turkish border. This situation brings major challenges in terms of human rights and migration management.

5. According to statistics provided by the United Nations High Commissioner for Refugees (UNHCR), in 2010, more than 132 000 third-country nationals were arrested in Greece, including 53 000 in the Greek-Turkish border regions. During the first ten months of 2012, over 70 000 arrests occurred, including about 32 000 at the borders of Turkey. People came from 110 different countries – the majority from Asia, including Afghanis, Pakistanis and Bangladeshis, as well as from Iraq, Somalia, and the Middle-East, especially Palestinians and an increasing number of Syrians.

6. Most migrants and asylum seekers do not want to stay in Greece and plan to continue their journey further into Europe. Many of them are however stuck in Greece, due to border checks and arrests when trying to exit Greece, the current Dublin Regulation, and the fact that many irregular migrants cannot be returned to their country of origin.

7. The context of the serious economic and sovereign debt crisis aggravates the situation and reduces the ability for the Greek Government to adequately respond to the large influx. [***]

2.2. Syria: a bad situation could get worse

8. In its Resolution 1902 (2012) on “The European response to the humanitarian crisis in Syria”, the Parliamentary Assembly condemned “the continuing, systematic and gross human rights violations, amounting to crimes against humanity, committed in Syria”. It described the humanitarian situation as becoming “more and more critical” for the estimated 1.2 million internally displaced Syrians and the 638 000 Syrians registered or awaiting registration as refugees in neighbouring countries.

[***]

11. By October 2012, 23 500 Syrian nationals had applied for asylum in EU member States, including almost 3 000 applications in September 2012 alone, and over 15 000 in Germany and Sweden. Compared to neighbouring countries, asylum seeker numbers in the European Union currently remains manageable. However the number of Syrians trying to enter Greek territory in an irregular manner reached a critical level in July 2012, when up to 800 Syrians were crossing the Greek-Turkish land border every week. In the second half of 2012, more than 32% of sea arrivals to the Greek Islands were Syrian nationals.

2.3. Regional implications of mixed migratory arrivals

12. In recent years, Spain, Italy and Malta were at the forefront of large-scale sea arrivals. According to the UNHCR, in 2012, 1 567 individuals arrived in Malta by sea. 75% of these persons were from Somalia. The UNHCR estimates however that less than 30% of the more than 16 000 individuals who have arrived in Malta since 2002 remain in Malta.

13. Spain and Italy have signed and effectively enforced readmission agreements with North and West African countries cutting down on the mixed migration flows. These agreements have provided the basis for returning irregular migrants and preventing their crossing through increased maritime patrols and border surveillance, including in the context of joint Frontex operations.

14. As a consequence of shifting routes, migratory pressure at the Greek-Turkish border increased significantly and Greece became the main gate of entry into the European Union from 2008 onwards, with an interval in 2011 when the Arab Spring brought a new migratory flow to Italy and Malta. To give an idea of how much the routes have changed, Frontex indicated that in 2012, 56% of detections of irregular entry into the European Union occurred on the Greek-Turkish border.

15. Turkey, by contrast, has become the main transit country for migrants seeking to enter the European Union. Its 11 000-km-long border and its extensive visa-free regime make it an easy country to enter. An estimated half a million documented and undocumented migrants currently live in the country. This has brought a whole new range of challenges for Turkey and meant that it has had to develop a new approach to migration management and protection for those seeking asylum and international protection. It has also faced problems in terms of detention of irregular migrants and asylum seekers. As with Greece, the conditions of detention have been highly criticised and steps are being taken to build new centres with the assistance of funding from the European Union.

16. Until recently, the traditionally complex Greek-Turkish political relations did not allow the pursuit and consolidation of an effective readmission policy with Turkey. Although Greece, for example, signed a readmission protocol with Turkey which goes back to 2001, the implementation of this was only agreed on in 2010. It is important that this bilateral agreement between Greece and Turkey functions effectively and this will be a challenge for both countries.

3. Shielding Greece through border management and detention: does it work?

3.1. Enhanced border controls at the Greek-Turkish land border (Evros region)

17. The unprecedented numbers of irregular migrants and asylum seekers attempting to cross the Greek-Turkish border in recent years put the existing capacities and resources of Greece under severe strain. To remedy this situation, the Greek authorities have adopted the “Greek Action Plan on Asylum and Migration Management”, which is the basis for reforming the asylum and migration management framework in Greece.

18. In this context, considerable efforts were undertaken to reinforce Greece’s external borders and particularly the Greek-Turkish border in the Evros region. This was done notably through building up operational centres, using electronic surveillance and night vision devices, and by deploying patrol boats to strengthen river patrols. The surveillance technology used is part of the efforts under the European Border Surveillance System (Eurosur).

19. The so-called operation “Aspida” (“shield”), initiated in August 2012, aims to enhance border controls, surveillance and patrolling activities at the Greek-Turkish land border. Approximately 1 800 additional police officers from across Greece were deployed as border guards to the Evros region.

20. Increased border controls in the context of this operation have not been without criticism. There have been worrying reports about migrants, including refugees and asylum seekers from Syria and other countries, being pushed back to Turkey over the Evros river. Two incidents reportedly took place in June and October 2012, when inflatable boats were intercepted in the middle of the Evros river by Greek patrol boats and pushed back to Turkey before their boat was sunk, leaving people to swim to the Turkish shore.

21. In addition, the Greek authorities completed a barbed wire fence at the 12.5-km-land border in December 2012. The barrier which was criticised by EU officials when announced and built without EU funding, cost an estimated 3 million euros.

22. As a consequence of these actions, the numbers of irregular land border crossings dropped from over 2 000 a week in the first week of August to below 30 a week in the second half of September. According to the regional governor of Eastern Macedonia and Thrace, they are now close to zero. While the Greek authorities claim that these actions have resulted in a more than 80% decrease of irregular entries, one can observe that migrants’ routes have shifted from the Greek-Turkish land border mainly to the sea border between both countries. This shift has been recognised by the Greek authorities.

23. Increased numbers of migrants are now arriving on the Greek Aegean islands of Lesvos, Samos, Symi and Farmkonissi. Between August and December 2012, 3 280 persons were arrested after crossing the Greek-Turkish sea border, compared to 65 persons in the first seven months of 2012.

24. There has also been an increase in the number of deaths at sea. In early September 2012, 60 people perished when their boat sank off the coast in Izmir. On 15 December 2012, at least 18 migrants drowned off the coast of Lesvos while attempting to reach the island by boat.

25. The spill over effect of new routes opening are now being felt by neighbouring countries, such as Bulgaria and some of the Western Balkans.

3.2. Systematic detention of irregular migrants and asylum seekers

26. Together with increased border controls, administrative detention remains the predominant policy response by the Greek authorities to the entry and stay of irregular migrants. [***]

[***]

29. Particularly worrying are the conditions in the various detention centres and police stations where irregular migrants and asylum seekers are held, and which have frequently been criticised. The European Court of Human Rights has found Greece to be in violation of the right to freedom from inhuman or degrading treatment in several cases in recent years. In addition, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment (CPT) has regularly criticised the poor detention conditions of irregular migrants and asylum seekers and the structural deficiencies in Greece’s detention policy as well as the government’s persistent lack of action to improve the situation. See also: CPT, Report on its visit from 19 to 27 January 2011, published on 10 January 2012, at: www.cpt.coe.int/documents/grc/2012-01-inf-eng.pdf, together with the reply by the Greek authorities, at: www.cpt.coe.int/documents/grc/2012-02-inf-eng.pdf. The conditions of detention in one centre in Greece were found to be so bad that a local court in Igoumenista acquitted, earlier this year, migrants who were charged with escaping from detention stating that the conditions in the centre were not in compliance with the migrants’ human rights.

[***]

3.3. Impediments in accessing asylum and international protection

35. Despite the current efforts by the Greek authorities to reform the asylum and migration management framework, the country still does not have a fair and effective asylum system in place. The Greek Action Plan on Migration and Asylum, which was revised in December 2012, sets out the strategy of the Greek Government. It foresees the speedy creation of a functioning new Asylum Service, a new First Reception Service and a new Appeals Authority, staffed by civil servants under the Ministry of Public Order and Citizens Protection, disengaging the asylum procedure from the police authorities. However problems in finding sufficient financial resources and qualified staff still give rise for concerns on the implementation of the plans.

[***]

4. Social tensions within Greek society

4.1. The social situation of migrants and asylum seekers

41. Greece’s efforts to deal with the influx of irregular migrants and asylum seekers suffers from there being no comprehensive migration policy. [***]

4.2. Discrimination, xenophobia and racist attacks against migrants

46. The mounting social tensions and the inadequate response by the State to address the difficult social situation of migrants, asylum seekers and refugees have led to an increase in criminality and exploitation of this group. In addition, migration has become a key confrontational political issue. This in turn has contributed to an increasingly wide-spread anti-immigrant sentiment among the Greek population.

47. Over the last two years there has been a dramatic increase in xenophobic violence and racially motivated attacks against migrants in Greece, including physical attacks, such as beatings and stabbings, attacks on immigrants’ residences, places of worship, migrants’ shops or community centres. The Network for Recording Incidents of Racist Violence documented 87 racist incidents against migrants and refugees between January and September 2012. Half of them were connected with extremist groups.

48. Members and supporters of Golden Dawn have often been linked with recent violent attacks and raids against migrants and asylum seekers. By using blatantly anti-migrant and racist discourse, often inciting violence, Golden Dawn gained 7% of the popular vote during the June 2012 parliamentary elections and support seems to be growing, according to recent polls. In October 2012, the Greek Parliament lifted the immunity from prosecution of the two Golden Dawn MPs who participated in the violent attacks against migrants in September.

49. The Council of Europe Commissioner for Human Rights has called on Greece to examine whether the “most overt extremist and Nazi party in Europe” is legal. It seems that Golden Dawn aims at political and societal destabilisation and gains by the failing policy regarding refugees and irregular migrants. In December 2012, the European Commission against Racism and Intolerance (ECRI) expressed its “deep concern” about the rise of Golden Dawn and asked the Greek authorities to “take firm and effective action to ensure that the activities of Golden Dawn do not violate the free and democratic political order or the rights of any individuals”.

5. The European responsibility for a European problem

5.1. European front-line States under particular pressure

50. This is not the first time that the Parliamentary Assembly expresses its concern on the particular pressure that European front-line States are confronted with. Resolution 1521 (2006) on the mass arrival of irregular migrants on Europe’s Southern shores, Resolution 1637 (2008) on Europe’s “boat people”: mixed migration flows by sea into southern Europe and Resolution 1805 (2011) on the large-scale arrival of irregular migrants, asylum seekers and refugees on Europe’s southern shores.

51. Despite the fact that most European Union countries have stopped returning asylum seekers to Greece under the Dublin Regulation following the judgment of the European Court of Human Rights in the case M.S.S. v. Belgium and Greece, there are still some reports of returns from some countries based on this regulation.

52. The final agreement between the Council and the European Parliament on the revision of the Dublin Regulation still allocates responsibilities for asylum seekers to a single EU member State and does not present a more fundamental reform of the rules. European Union member States also rejected the idea of a mechanism to suspend transfers to those EU countries which were unable to manage the influx of asylum seekers into their territory, preferring to adopt an “early warning mechanism”.

5.2. Greece: A test case for European solidarity

53. This migratory pressure Greece is confronted with comes at a moment when the country is suffering as no other European country does from the current economic and social crisis. In response to these difficulties, the European Union has provided financial and technical assistance.

54. During the period of 2011-2013, Greece received 98,6 million euros under the Return Fund, 132,8 million euros under the External Border Fund and 19,95 million euros under the European Refugee Fund. The focus of funding was thus on border control and detention measures, to the detriment of the protection measures.

55. Frontex Joint Operation “Poseidon Land” was launched in 2010 at the borders between Turkey and Greece and between Turkey and Bulgaria. EU member States currently have 41 police officers and equipment deployed to the Evros border region in Greece. They also support the Greek and Bulgarian authorities with the screening and debriefing of irregular migrants, and tackling irregular migratory inflows and smuggling networks towards Greece. In addition, Frontex has recently strengthened its patrols in the coastal waters in the Eastern Aegean between Greece and Turkey in the context of Joint Operation “Poseidon Sea”. European Union member States have deployed additional maritime surveillance assets at the sea border between Greece and Turkey. The joint operation was extended to also cover the West coast of Greece and today is Frontex’s main operational activity in the Mediterranean region.

56. Furthermore, the European Asylum Support Office (EASO) provides technical support to Greece and other EU member States whose asylum and reception systems are under particular pressure. Following the request by the Greek Government in February 2011, EASO started giving assistance and training in building up a new asylum system, improving reception conditions of asylum seekers in Greece and clearing the backlog of outstanding asylum claims. To do this they have deployed over 40 Asylum Support Teams of experts to the country.

57. While EU member States are ready to provide financial and technical assistance to help Greece in managing and controlling its borders, with a focus on both forced and voluntary returns as a policy solution, they are not keen on sharing the reception and processing of mixed migratory flows arriving at the European Union’s external border. According to the Greens/European Free Alliance of the European Parliament, “[m]igration will not be stopped by reinforcing border control, border management measures and forced returns; the current approach only reinforces human rights violations”.

58. As rapporteur I would largely agree with this statement, although I would add that while such policies may be able to solve a problem in one country, it then simply “passes the buck” to another. Should it be possible to seal Greece’s border, this would undoubtedly then put even greater pressure on Turkey and Bulgaria and then up the eastern borders of the European Union. This is an issue which will be the subject of a separate report by the Committee on Migration, Refugees and Displaced Persons.

59. The European Union response to the economic and financial crisis in Greece has been a massive bail out. Similar solidarity is however necessary with regards to the current social and humanitarian crisis in the field of migration and asylum. Europe is however doing too little, too late. A shared asylum policy that takes into account that the migratory pressures are not the sole responsible of one or a few European States, but a European problem, is even more essential in a time when the region is facing major instability. This instability will only increase further if the up and coming Golden Dawn party succeeds in exploiting the immigrant issue. Europe cannot afford to look away.

60. Increased migratory flows to European front-line States requires a fundamental rethink on solidarity and responsibility sharing. This includes swift solutions that go beyond mere financial and technical assistance and show greater solidarity in receiving refugees and asylum seekers and developing resettlement, especially currently for Syrian refugees from the neighbouring countries of Syria, and intra-EU relocation programmes, in particular where children and families are concerned. Assembly Resolution 1820 (2011) on asylum seekers and refugees: sharing responsibility in Europe provides meaningful recommendations in this respect.

6. Conclusions

61. The pressure of mixed migratory flows currently unfolding at the European Union’s external borders in the eastern Mediterranean requires rethinking of the entire solidarity system with the European Union and the Council of Europe. Greece, Turkey or other neighbouring countries should not be left with the primary responsibility of dealing with the mounting mixed migratory pressure from the South and East. A shared asylum and migration policy is even more essential at a time when the region is facing major economic and social instability.

62. Stricter border control, prolonging migrants’ and asylum seekers’ detention or constructing new detention facilities in Greece all contribute to further human rights violations taking place. They are not the way out of the problem and they do not persuade people fleeing from poverty or violence in their countries of origin to remain at home.

63. The recent efforts by the Greek authorities to introduce a more effective and humane system addressing the large number of irregular migrants and asylum seekers entering Greece is a welcome step in the right direction. Greece however faces a Herculean task in building up an efficient, fair and functioning system providing international protection to those in need.

64. Europe urgently needs to join forces to deal with the Syrian refugee problem, offering resettlement and relocation to relieve the burden falling on neighbouring States of Syria as well as its southern European States, and ensuring that Syrian refugees are not sent back.

65. The challenges are great but not insurmountable for Europe. Left to individual States they are.

[***]”

Click here for full text of Resolution 1918(2013), Migration and asylum: mounting tensions in the Eastern Mediterranean.

Click here for PACE press statement.

Click here for Report by Rapporteur, Ms Tineke Strik, Doc. 13106, 23 Jan 2013.

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Filed under Aegean Sea, Analysis, Council of Europe, Frontex, Greece, News, Reports, Syria, Turkey, UNHCR

Tagged as Aspida, Council of Europe, Deaths at sea, Dublin Regulation, European Asylum Support Office, European Border Surveillance System, European Refugee Fund, European Union, EUROSUR, Evros, External Border Fund, Farmkonissi, Frontex, Frontex Joint Operation Poseidon Land, Frontex Joint Operation Poseidon Sea, Golden Dawn, Greece, Greek Action Plan on Asylum and Migration Management, Izmir, Lesvos, M.S.S. v. Belgium and Greece, Maritime Interdiction, Migrants, mixed migratory flows, PACE, PACE Committee on Migration Refugees and Displaced Persons, Readmission Agreements, Refugees, Return Fund, Samos, Symi, Syria, Tineke Strik, Turkey, UNHCR

by Niels Frenzen | 15 Dec 2012 · 15:05

At Least 20 Persons Dead After Migrant Boat Capsizes in Aegean Sea

A migrant boat attempting to sail from Turkey to Greece reportedly capsized near the Greek island of Lesvos on Thursday or Friday. The boat was carrying about 28 persons. At least 20 bodies have been recovered. Only one survivor has been located. Media reports describe the migrants as Iraqis or “of Asian origin.” The boat’s captain was reportedly Turkish.

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

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

Tagged as Aegean Sea, Deaths at sea, European Union, Frontex, Greece, Greek Coast Guard, Human Smuggling, Lesvos, Maritime migration, Migrants, Refugees, Sea borders, Search and Rescue, Turkey

by Niels Frenzen | 05 Dec 2012 · 05:52

UN Special Rapporteur on HR of Migrants expresses concern over plight of irregular migrants in Greece; calls for EU assistance; Frontex patrolling Greece-Italy sea border

The UN Special Rapporteur on the human rights of migrants, Prof. François Crépeau, has completed a nine-day official visit to Greece, the fourth and last country visit in connection with a “a one-year comprehensive study to examine the rights of migrants in the Euro-Mediterranean region, focusing in particular on the management of the external borders of the European Union.” The Special Rapporteur will present a thematic report on the human rights of migrants at the borders of the European Union to the UN Human Rights Council in May/ June 2013. In addition to the visit to Greece, he previously conducted official visits to EU offices in Brussels, Tunisia, Turkey, and Italy.

One point of particular interest in the Special Rapporteur’s end-of-mission statement is that Frontex sea patrols in Greece are not along being used to patrol the external sea border of the EU (Greece-Turkey), but are also being used to patrol the sea border between Greece and Italy to prevent irregular migrants from leaving Greece. (Is this within Frontex’s mandate?) According to the end-of mission statement, Frontex Joint Operation Poseidon Sea “which used to cover the sea border between Greece and Turkey, was extended in 2012 to also cover the west coast of Greece, where migrants trying to reach Italy by boats operated by smugglers are intercepted and returned to Greece.”

The Special Rapporteur also notes “[t]he enhanced border controls at the Greek-Turkish land border under operation ‘Aspida’ (‘Shield’) initiated in August 2012, which included the deployment of approximately 1800 border police officers, coupled with the construction of a fence and the Frontex operation ‘Poseidon Land’ have resulted in a renewed influx of irregular migrants via the islands of the eastern Aegean Sea, with boats arriving on the different islands almost daily.”

Here are additional excerpts from the end-of-mission statement:

“[W]hile most EU countries have stopped returning asylum seekers to Greece under the Dublin II Regulation due to a decision of the European Court of Human Rights (M.S.S. vs Belgium and Greece), I was informed that there are still some returns to Greece based on this Regulation.”

“As the large number of irregular migrants stuck in Greece is mainly a result of EU policies and practices, there is a strong need for solidarity and responsibility-sharing within the EU in order to ensure full respect of the human rights of all these migrants.”

“While the role of the EU in managing the migration flows in Greece is crucial, the Greek government also needs to significantly step up its efforts in order to ensure that the rights of all migrants within its territory are fully respected.”

“I am deeply concerned about the widespread xenophobic violence and attacks against migrants in Greece, and I strongly condemn the inadequate response by the law enforcement agencies to curb this violence, and to punish those responsible.”

“I also deeply regret the Greek government’s new policy of systematically detaining everyone they detect irregularly entering the Greek territory, including unaccompanied children and families. I also regret the ‘sweep operations’ in the context of operation ‘Xenios Zeus’, which have led to widespread detention of migrants in different parts of the country, many of whom have lived and worked in Greece for years.”

Among the several preliminary recommendations to Greece and the EU was the recommendation that the EU “[e]nsure that the full protection of the human rights of all migrants, regardless of their status, is the primary consideration for its support to the Greek efforts in managing the migration flow entering the EU territory, including in relation to the activities undertaken by Frontex at the Greek borders.”

Click here for complete End-of-Mission Statement.

Click here for my previous post on the Special Rapporteur’s visits to other countries.

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Tagged as European Union, François Crépeau, Frontex, Greece, Human Rights, Italy, Joint Operation Poseidon, M.S.S. vs Belgium and Greece, Maritime Interdiction, Maritime Surveillance, Migrants, OHCHR, Operation Aspida, Operation Xenios Zeus, Refugees, Sea borders, Turkey, UN Human Rights Council, UN Special Rapporteur on the human rights of migrants

by Niels Frenzen | 30 Nov 2012 · 07:42

Frontex FRAN Report for Q2 2012

On 10 October Frontex released its FRAN (Frontex Risk Assessment Network) Quarterly Report for the Second Quarter of 2012 (April-June). As is always the case, the 70 page report contains a significant amount of information, graphs, and statistical tables regarding detections of illegal border crossings (land, air, and sea), irregular migration routes, detections of facilitators, detections of illegal stays, refusals of entry, asylum claims, returns, information regarding other illegal border activities, and more. Here are some highlights (focusing on the sea borders):

Malta- There was a significant increase in the number of Somalis reaching Malta. “Taking into account the professional planning of the trips, it is assumed that the modus operandi has changed and that Malta is now targeted on purpose, thereby replacing Italy as the preferred destination country for this nationality. The reason for this change has not yet been confirmed; however, in the past Malta resettled some Somali migrants in the United States and in some EU Member States, which might be acting as a pull factor.”

Spain- “In this region there was a new modus operandi involving facilitators dropping off migrants in the Chafarinas Islands, a Spanish archipelago 2 nautical miles away from the Moroccan coastline.”

“As reported in the previous FRAN Quarterly, in February 2012 Moroccan and Spanish Ministers of Interior signed a police agreement to create two joint police stations in the Spanish (Algeciras) and Moroccan (Tangiers) territories to cooperate by exchanging operational information and best practices between different police services.”

Italy- “Throughout the quarter, Italy and Tunisia cooperated efficiently to repatriate Tunisian nationals and so most migrants typically arrived undocumented to delay readmission.”

Central Mediterranean- “[D]etections in the Central Mediterranean showed a seasonal increase but were much reduced (-86%) compared with the dramatic peak during the same period in 2011. Indeed, in the second quarter of 2012 detections in this region resembled the pre-Arab Spring levels reported during the summer of 2010. … The Central Mediterranean was recently affected by increased detections of Somalis, and a steady trend of Tunisians and Egyptians.”

“In Q2 2012, there were no Joint Operations running in the Central Mediterranean Sea, therefore Frontex and the FRAN community are unable to utilize intelligence obtained through the direct debriefing of migrants. However, valuable information has been obtained from interviews carried out by the Maltese authorities. Such preliminary interviews revealed that some of the Somali migrants arriving in Malta had been promised that they would be brought to Italy. They departed from an unknown location in Libya and travelled for up to three days in boats before either being intercepted by Maltese authorities or reaching the shore. The average fare was said to be around USD 1 000 per person.”

“Subsequent to the reporting period, JO Hermes 2012 was launched on 2 July and is currently planned to run until 31 October 2012 as a continuation of the deployment of JO Hermes Extension 2011, which ended just before the reporting period, on 31 March 2012. JO Hermes 2012 has been established to support the Italian authorities in tackling maritime irregular migration along the coasts of Sicily, Pantelleria and the Pelagic islands (Lampedusa, Linosa, Lampione).”

Western Mediterranean – “Detections in the Western Mediterranean were almost equally comparable to Q2 2011…”

“JO EPN Indalo 2012 started on 16 May and is currently scheduled to run until 31 October 2012. So far the number of irregular migrants apprehended in the operational areas is almost double that of the same period in 2011. Analysis of the information provided by the Spanish authorities also indicates a new increasing trend in the number of Algerian and Moroccan migrants per boat since the beginning of 2012.”

Western Africa – “[D]etections increased to a large degree, yet from lower bases, on the … Western African route (+29%).” “In the second quarter of 2012, there were just 31 detections of illegal border-crossing in this region, almost exclusively of Moroccan nationals.”

“As reported in previous FRAN Quarterlies, the Western African route from the north of Mauritania to the Western Sahara territory is being reopened by illegal migration facilitation networks. It has been inactive for years but recently an estimated 2 000 sub-Saharans (particularly from Senegal) settled in the Western Saharan coastal cities of El Aaioún and Dakhla and in the last few months ~20 000 Senegalese nationals have entered Mauritania along these routes to the north.”

“During the reporting period there was no Frontex operation relevant for the Western African Route.”

Eastern Mediterranean- “Subsequent to the reporting period (July 2012), JO EPN Aeneas 2012 was launched and is currently scheduled to run until the end of October 2012. There are two operational areas, Apulia and Calabria, covering the seashore along the Ionian Sea and part of the Adriatic Sea.”

Here are extensive excerpts from the Report with a focus on the sea borders:

“Executive summary

Taken as a whole, in Q2 2012, detections of illegal border-crossing were reduced by nearly half compared to the same quarter in 2011 due to the simultaneous effects of the winding down of the Arab Spring and fewer Albanian circular migrants entering Greece. However, detections at the undisputed long-term hotspot for irregular migration – the Greek land border with Turkey – were some 25% higher than during the same period in 2011 due to increased detections of migrants from Bangladesh and particularly Syria. [***]

In the Central Mediterranean, where detections peaked in 2011 during the Arab Spring, migrants from Somalia were increasingly detected in Malta. Specifically, in May 2012 the arrival of Somali migrants in Malta increased significantly while Italy registered a decrease in the number of Somali migrants apprehended in Sicily and the Pelagic Islands. The detected Somalis were mainly young males many of whom had been imprisoned by police or military forces during their travels through Libya. Taking into account the professional planning of the trips, it is assumed that the modus operandi has changed and that Malta is now targeted on purpose, thereby replacing Italy as the preferred destination country for this nationality. The reason for this change has not yet been confirmed; however, in the past Malta resettled some Somali migrants in the United States and in some EU Member States, which might be acting as a pull factor. Also, there is some evidence that facilitation networks located in Malta have tried to forward migrants to Sicily. [***]

The Western Mediterranean route was apparently dominated by local migrants from Morocco and Algeria but with large numbers of unknown nationalities it is assumed that local migrants were also accompanied by long-distance migrants probably from sub-Saharan Africa. In this region there was a new modus operandi involving facilitators dropping off migrants in the Chafarinas Islands, a Spanish archipelago 2 nautical miles away from the Moroccan coastline. [***]

4.1 Detections of illegal border-crossing

Overall, in Q2 2012 there were 23 092 detections of illegal border-crossing at the EU level, which is a considerable if somewhat expected seasonal increase compared to the previous quarter, and a 44% decrease compared to the same period in 2011 amidst the influx of migrants during the Arab Spring. Taken as a whole, detections of illegal border-crossing in Q2 2012 were lower than in any other second quarter since FRAN reporting began. Most probably, the low number of detections was due to the overlapping effects of the end of the Arab Spring in its initial countries (Egypt, Libya, Tunisia) and far fewer detections of circular Albanian migrants in Greece. The vast majority of detections were at the EU external land border (77%). [***]

[***] Ranked third among border sections [after the Greece-Turkey land border and the Greece-Albania border section] in Q2 2012 was the blue border of Sicily, where Tunisians, Egyptians and Somalis were increasingly detected. [***]

Figure 2 shows the evolution of the FRAN Indicator 1A – detections of illegal border-crossing, and the proportion of detections between the land and sea borders of the EU per quarter since the beginning of 2008. The second quarter of each year is usually associated with improving weather conditions more favourable for approaching and illegally crossing the external border of the EU. Moreover, conditions that are more favourable for illegal border-crossing are also more favourable for detection. The combination of these two effects tends to produce the highest number of detections during the second quarter of each year. [***]

Without question, during the second quarter of 2012 the migrants that were detected with the most increasing frequency were those from Bangladesh (+35%), Somalia (+62%), Algeria (+88%) and Syria (+639%) (Fig. 5). In fact, more migrants from Syria were detected than ever before (2 024). Detections of most of these nationalities were concentrated at the Greek land border with Turkey, with the exception of Somalis, who were mostly detected in Malta. Indeed, Somalis were particularly notable in that their detections were distributed across a very wide range of locations; as well as Malta and the Greek land border with Turkey, they were also detected in Sicily, Lampedusa and the Slovakian land border with the Ukraine. [***]

[M]igrants from Algeria were not only increasingly detected at the Greek land bor[d]er with Turkey, but also in the Spanish maritime region of Almeria and at the Romanian land border with Serbia.The latter case is assumed to represent secondary movements through the Western Balkans region.

4.2 Routes

In 2011, detections of illegal border-crossing on the Central Mediterranean route peaked briefly during the period of turbulent sociopolitical developments in North Africa, known as the Arab Spring. In contrast, on the Eastern Mediterranean route, detections have followed a remarkably seasonal pattern over the last two years. Throughout 2011 detections in the Western Mediterranean (land and sea borders with Spain) steadily increased.

As illustrated in Figure 6, the Eastern and Central Mediterranean routes reported the most detections of illegal border-crossing in the second quarter of 2012, and were characterized with seasonal increases consistent with previous years, aside the Central Mediterranean region during the Arab Spring.

In Q2 2012, there were 14 125 detections of illegal border-crossing on the Eastern Mediterranean route, an increase of 27% compared to the same period in 2011 (Fig. 6) rendering this region the undisputed hotspot for illegal entries to the EU during the current reporting period. Elsewhere, detections in the Central Mediterranean showed a seasonal increase but were much reduced (-86%) compared with the dramatic peak during the same period in 2011. Indeed, in the second quarter of 2012 detections in this region resembled the pre-Arab Spring levels reported during the summer of 2010. Detections in the

Western Mediterranean were almost equally comparable to Q2 2011, whereas detections increased to a large degree, yet from lower bases, on the Eastern Borders route (+103%), Western Balkans route (+50%) and Western African route (+29%).

These routes not only differed in their magnitudes over time but also in the composition of detected nationalities. Consistent with previous periods, detections on the Eastern Mediterranean route were dominated by migrants from Afghanistan, and more recently Bangladesh, Algeria and Syria. The Central Mediterranean was recently affected by increased detections of Somalis, and a steady trend of Tunisians and Egyptians. [***]

[T]he Western Mediterranean route was apparently dominated by local migrants from Morocco and Algeria but with large numbers of unknown nationalities it is assumed that local migrants are also accompanied by other long-distance migrants probably from sub-Saharan Africa. The exception was the much less used Western African route, which was exclusively affected by local migrants from Morocco.

4.2.1. Eastern Mediterranean route

Since data collection began in early 2008, the Eastern Mediterranean has maintained its status as a major hotspot of irregular migration. Detections have followed a remarkably seasonal pattern invariably peaking in the third quarter of each year and concentrated at the border between Greece and Turkey, with a shift from the sea border to the land border visible in late 2009 (Fig. 7). Unusually, at the end of 2011 detections of illegal border- crossing on the Eastern Mediterranean rote remained almost constant between the third and final quarters of the year, resulting in the first recorded example of a sustained peak of detections at that time of year. This was due to an unexpected increase in detections at the Greek land border with Turkey, particularly in October. [***]

Italian Ionian Coast: For some time there has been a steady flow of Afghans and, to a lesser extent, Pakistanis arriving in the Southern Italian blue borders of Calabria and Apulia with some increases during Q2 2012.

Subsequent to the reporting period (July 2012), JO EPN Aeneas 2012 was launched and is currently scheduled to run until the end of October 2012. There are two operational areas, Apulia and Calabria, covering the seashore along the Ionian Sea and part of the Adriatic Sea.

According to Croatian open sources* in July, some 65 Asian and African migrants presumed to be heading to Italy were found drifting some 47 nautical miles south of Dubrovnik due to a broken engine (Fig. 12). They had been drifting for two days. The migrants, who had departed from Greece, did not want to be rescued by the Croatian authorities as they wanted to go to Italy. After several hours of negotiations, the authority for search and rescue towed the sailing boat to the nearest Croatian port.

There was also a recent increase in the numbers of Bangladeshis, Iraqis, Moroccans and Syrians arriving in Apulia from Greece but these detections were in much lower numbers than other nationalities. [***]

4.2.2. Central Mediterranean route

Irregular migration in the Central Mediterranean massively fluctuated in size and composition during 2011, largely due to the political and civil unrest across North Africa, particularly in Tunisia and Libya. Since Q4 2011, the situation has significantly improved following better cooperation between Italian and Tunisian authorities concerning the return of Tunisian nationals.

According to FRAN data, in Q2 2012 there were just 3 685 reported detections of illegal border-crossing on the Central Mediterranean route, a massive decrease compared to the peak in last year in Q2 2011 but an increase compared to late 2011 and early 2012. The increase was almost entirely due to more detections of migrants from Somalia (1 094) combined with a steady stream of migrants still arriving from Tunisia. Several nationalities previously detected in high numbers particularly in 2011 were not detected in significant numbers, including Bangladeshis (72) and Nigerians (19).

Migrants from Somalia – During May 2012, the arrival of Somali migrants in Malta increased significantly while

Italy registered a decrease in the number of Somali migrants apprehended in Sicily and the Pelagic Islands. In most cases, groups of males, females and minors (or families) were found on board rubber dinghies with outboard motors. A few of the boats were detected in Italian territorial waters in some distress after the migrants had called the Italian authorities for help using satellite telephones. The boats that recently headed for Malta were either intercepted by Maltese patrol boats or made it to the island without being intercepted.

Detected Somalis were mainly young males (aged 18–24) with secondary education and low or no income. The main reason for the migration was socio-economic, but in some cases it was military conflict. In Q2 2012, there were no Joint Operations running in the Central Mediterranean Sea, therefore Frontex and the FRAN community are unable to utilize intelligence obtained through the direct debriefing of migrants. However, valuable information has been obtained from interviews carried out by the Maltese authorities. Such preliminary interviews revealed that some of the Somali migrants arriving in Malta had been promised that they would be brought to Italy. They departed from an unknown location in Libya and travelled for up to three days in boats before either being intercepted by Maltese authorities or reaching the shore. The average fare was said to be around USD 1 000 per person.

Migrants from Tunisia – Most Tunisian migrants detected arriving in the Central Mediterranean Region were young (18–35 years) unmarried males with a primary level of education and low previous incomes (EUR 80–180 per month). All interviewed migrants declared to have relatives or friends already in the EU, especially in Italy, and they arrived on boats containing on average 20 migrants (Fig. 13).

Throughout the quarter, Italy and Tunisia cooperated efficiently to repatriate Tunisian nationals and so most migrants typically arrived undocumented to delay readmission. Subsequent to the reporting period, JO Hermes 2012 was launched on 2 July and is currently planned to run until 31 October 2012 as a continuation of the deployment of JO Hermes Extension 2011, which ended just before the reporting period, on 31 March 2012. JO Hermes 2012 has been established to support the Italian authorities in tackling maritime irregular migration along the coasts of Sicily, Pantelleria and the Pelagic islands (Lampedusa, Linosa, Lampione).

4.2.3. Western Mediterranean route

Irregular migration in the Western Mediterranean region increased throughout 2011 from just 890 detections in Q1 2011 to 3 568 detections in Q3. In Q2 2012, there were 1 549 detections which almost exactly corresponds to the number of detections the year before in Q2 2011 (1 569). As was the case a year ago, most detections were of Algerians followed by migrants of unknown nationalities (presumed to be sub-Saharan Africans) and Moroccans.

Recently, the size of the sub-Saharan population coming from Algeria has increased in different settlements adjacent to the Melilla border fence. Criminal networks operate more easily in this north eastern region of Morocco and the Spanish authorities treat a large-scale illegal crossing of the fence to the Spanish side as a real possibility. Attempts to cross have been made in the past involving groups of dozens or even hundreds.

JO EPN Indalo 2012 started on 16 May and is currently scheduled to run until 31 October 2012. So far the number of irregular migrants apprehended in the operational areas is almost double that of the same period in 2011. Analysis of the information provided by the Spanish authorities also indicates a new increasing trend in the number of Algerian and Moroccan migrants per boat since the beginning of 2012. The improvement of the weather and sea conditions during the reporting period impacted on the number of boats detected, with a gradual increase of the number of arrivals during the peak period, which according to data from the last two years is from May to October.

Migrants from Algeria – According to information gathered during interviews, most Algerians were single male adults aged 19–36 on average, but there were also a few females and minors in good health. Most migrants belonged to the lower middle class and, despite having a high level of education compared to sub-Saharan nationals, they suffered from a generalised lack of opportunities, welfare and access to public health services. Nearly all the Algerian migrants spoke Arabic with a few French and English speakers, but all were undocumented to avoid repatriation after arriving in Spain. The majority had relatives or friends in EU Member States, mainly in France and Spain, who could help them to find a job and settle within the ethnic communities already established in these countries.

4.2.4. Western African route

In the second quarter of 2012, there were just 31 detections of illegal border-crossing in this region, almost exclusively of Moroccan nationals.

As reported in the previous FRAN Quarterly*, in February 2012 Moroccan and Spanish Ministers of Interior signed a police agreement to create two joint police stations in the Spanish (Algeciras) and Moroccan (Tangiers) territories to cooperate by exchanging operational information and best practices between different police services. The goal of this cooperation is to strengthen the efforts and improve the results against organized crime operating on both sides of the Strait of Gibraltar involved in the smuggling of drugs, international terrorism, irregular migration and trafficking in human beings.

Following these developments, both International Police Cooperation Centres became operational during May 2012 (Fig. 14). The International Joint Police Stations are going to be integrated with National Police / Guardia Civil (Spain) and General Direction for National Security (Police) / Royal Gendarmerie (Morocco) staff for a rapid and effective exchange of information.

As reported in previous FRAN Quarterlies, the Western African route from the north of Mauritania to the Western Sahara territory is being reopened by illegal migration facilitation networks. It has been inactive for years but recently an estimated 2 000 sub-Saharans (particularly from Senegal) settled in the Western Saharan coastal cities of El Aaioún and Dakhla and in the last few months ~20 000 Senegalese nationals have entered Mauritania along these routes to the north.

During the reporting period there was no Frontex operation relevant for the Western African Route. [***]”

Click here or here for Report.

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

Tagged as Algeria, Chafarinas Islands, European Patrol Network, European Union, Frontex, Frontex Joint Operations, Frontex Risk Assessment Network, Greece, Human Trafficking, Illegal border crossings, International Police Cooperation Centres, irregular migration routes, Italy, JO EPN Aeneas, JO EPN Indalo, JO Hermes, JO Hermes Extension, Libya, Malta, Maritime Borders, Maritime migration, Mauritania, Migrants, Refugees, Sea borders, Spain, Tunisia

by Niels Frenzen | 28 Nov 2012 · 05:32

European Commission’s Second Biannual Report on Schengen Area

The European Commission released its “Second biannual report on the functioning of the Schengen area” covering the period 1 May 2012-31 October 2012. (COM(2012) 686 final, 23.11.2012) The first reporton the Schengen area was released in May of this year. (COM(2012) 230 final, 16.5.2012)

Here are a few excerpts from the 8 page document:

The Commission intends to present a legislative proposal in early 2013 to replace the Frontex sea border operations rule (Council Decision 2010/252/EU) that was annulled by the Court of Justice on 5 September 2012;

Subsequent to the issuance of a letter of formal notice to Greece in October 2009 in response to “allegations of serious difficulties faced by migrants in applying for asylum and ill-treatment of asylum-seekers, including the turning back of persons who may face serious harm or persecution”, the Commission is continuing to analyse the situation “in the light of constant developments, such as the progress made in the implementation of the Greek National Action Plan.”;

Subsequent to a Commission request to Italy in July 2009 “to provide information on the measures to avoid the risk of refoulement” and the February 2012 European Court of Human Rights decision in the Case of Hirsi v. Italy, “[a]gainst this background, the Commission is now analysing the implications of this ruling on border surveillance operations at sea and on the asylum acquis.

Click here or here for Second Report.

Click here for First Report.

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Filed under Aegean Sea, European Court of Human Rights, European Union, Frontex, Greece, Italy, Judicial, Libya, Mediterranean, Reports

Tagged as Council Decision 2010/252/EU, European Commission, European Parliament, Frontex, Frontex Sea Border Rule, Greece, Italy, Migrants, Non-refoulement, Refugees, Schengen area, Schengen Treaty

by Niels Frenzen | 27 Nov 2012 · 05:46

UN Special Rapporteur on HR of Migrants expresses concern over Italy-Libya cooperation on migration

The UN Special Rapporteur on the human rights of migrants, Prof. François Crépeau, for the past six months has been conducting “a one-year comprehensive study to examine the rights of migrants in the Euro-Mediterranean region, focusing in particular on the management of the external borders of the European Union.” The Special Rapporteur will present a thematic report on the human rights of migrants at the borders of the European Union to the UN Human Rights Council in June 2013. To date he has concluded official visits to EU offices in Brussels, Tunisia, Turkey, and Italy; a nine-day visit to Greece began on 25 November. The Special Rapporteur has issued preliminary conclusions at the end of each completed mission. One common concern is that various actions of the EU and neighbouring countries are resulting in human rights considerations being overshadowed by migration control and security objectives.

At the conclusion of the most recent mission to Italy (30 September – 8 October 2012), the Special Rapporteur expressed concern over Italy’s (and the EU’s) ongoing cooperation with Libya:

“Another matter of paramount importance are the bilateral cooperation agreements negotiated between Italy and its neighbours on the question of migration. Although the EU has negotiated a number of EU wide readmission agreements, the absence of a clear regional framework for such agreements, including a lack of minimum human rights standards, has led to the creation of a number of bilateral readmission agreements between Italy and its neighbours which often do not appear to have human rights at their core. Of particular concern is the Italy-Libya bilateral cooperation on migration. The 2008 agreement formalised cooperation to strengthen Libya`s capacity to intercept irregular migrants on Libyan territory or territorial waters, even though Libya’s record at effectively protecting the human rights of migrants was poor and reports of human rights abuses of migrants in Libya were frequent. In line with the decision of the European Court of Human Rights pronounced in the Hirsi case that such ‘push-backs’ by Italian authorities towards Libya were not acceptable, the agreement is currently suspended and the Hirsi-defined push-backs appear to have ceased. However, Italy-Libya migration cooperation was recently reinforced through a 2012 processo verbale. This new political framework however, contains very little concrete information on strengthening Libya’s normative framework and institutional capacities regarding the human rights of migrants.”

The Special Rapporteur also expressed concern that the current technical assistance in Search and Rescue capability being provided by Italy to Libya is in effect disguised migration control assistance:

“Moreover, I have learnt of increased bilateral cooperation between Italian and Libyan authorities regarding search and rescue operations, including the provision of logistical and technical support to Libyan coast guards. Whilst increased search and rescue capacity in the Mediterranean is undoubtedly of paramount importance, I have observed that there appears to be a strong focus on strengthening the capacities of the Libyan authorities to intercept migrants hoping to reach Europe, on both their territory and in their territorial waters, and return them to Libya. In this context, I warn EU member states against a progressive ‘externalisation’ of border control. In particular, considering the on-going difficulties of the Libyan authorities and the reports of human rights abuses against migrants on Libyan territory, this migration cooperation with Libya should not lead to any migrant being returned to Libyan shores against their will, either by Italian coast guards or Guardia di Finanza, or by Libyan coast guards with the technical or logistical support of their Italian counterparts.”

While acknowledging the important support provided to Italy by Frontex, the Special Rapporteur expressed concern over certain Frontex activities in Italy:

“[ ] I am aware that the key focus of FRONTEX remains information and intelligence gathering. In Italy FRONTEX thus works predominantly with the Guarda di Finanza and the Border Police to combat irregular migration, migrant smuggling and other migration related crimes. I remain concerned that these security objectives still appear to overshadow human rights considerations. For example, I have learned that FRONTEX officers conduct interviews with migrants in Italian detention facilities in order to gather information on their journeys. However these interviews are conducted without any external supervision. It is thus essential that effective human rights standards be integrated into all departments and agencies related to border management.”

The Special Rapporteur made the following “Preliminary Recommendations to the Italian government”:

“Ensure that migration cooperation with Libya does not lead to any migrant being returned to Libyan shores against their will, either by Italian authorities, or by Libyan authorities with the technical or logistical support of their Italian counterparts.
Prohibit the practice of informal automatic “push-backs” to Greece.
Guarantee the full access by international organisations, including UNHCR and IOM, civil society organisations and lawyers to all areas where migrants are held or detained to identify protection concerns
Develop a nation-wide regulatory framework, with respect for human rights at its core, for the organisation and management of all migrant detention centres.
Develop a simpler and fairer appeal system for expulsion and detention orders that integrates human rights considerations at each procedural step.
Develop a speedier identification system, including commencing the identification of foreign inmates whilst in prison, in order to make sure that detention of migrants for identification purposes is limited to the shortest time possible, with a maximum of 6 months.”

Similar concerns were expressed by the Special Rapporteur after his missions to Tunisia and Turkey:

Tunisia, 8 June 2012: “… Nevertheless, I learned that a large majority of regional migration initiatives coming from the EU continue to be focused on issues of border control, and do not consider important issues such as the facilitation of regular migration channels. Thus I encourage the European authorities to develop, in the context of the Migration and Mobility Partnership currently being negotiated, and in conjunction with bilateral agreements of the Member States of the Union, a more nuanced policy of migration cooperation with Tunisia, which moves beyond security issues to develop new initiatives in consultation and in real partnership with Tunisian authorities, which place at their core the respect, protection and promotion of the human rights of migrants….”

Turkey, 29 June 2012: “… While the EU and Turkey have developed a close cooperation on migration issues, which has led to some notable positive developments, the assistance offered to Turkey regarding migration management appears to focus largely on securitising the borders and decreasing irregular migration to the European common territory through focusing on projects related to the detention and removal of migrants in Turkey and the increased monitoring of the Turkish border. Often neglected from the equation, is an equivalent emphasis on the human rights of those most vulnerable and most affected by the migration process: the migrants themselves….”

The Special Rapporteur will likely issue preliminary observations at the conclusion of the current mission to Greece on or after 3 December.

Click here (Italy), here (Tunisia), and here (Turkey) for the Special Rapporteur’s statements.

Click here for the web site for the UN Special Rapporteur on the human rights of migrants.

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Filed under Aegean Sea, European Union, Frontex, Greece, Human Rights Council, Italy, Libya, Mediterranean, News, Statements, Tunisia, Turkey, United Nations

Tagged as Bilateral Immigration Agreements, European Union, Externalisation of border controls, Externalization, François Crépeau, Frontex, Greece, Human Rights, Human rights of migrants, Italy, Libya, Migration and Mobility Partnerships, Push-Back Practice, Search and Rescue, Securitising borders, Tunisia, Turkey, UN Special Rapporteur on the human rights of migrants

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