Category Archives: Mediterranean

Is Morocco Allowing More Migrant Boat Departures in Protest of CJEU Judgment Finding EU-Morocco Fisheries Agreement Not Applicable to Western Sahara?

An article in Sunday’s Diario de Cadiz by Encarna Maldonado discusses a moderate but noticeable increase in the number of migrant boats reaching Spain from Morocco and the possibility that the Moroccan government may be relaxing its migration patrols to protest last month’s Court of Justice of the EU judgment in Council v Front Polisario, Case C-104/16 P, 21 Dec 2016, where the CJEU concluded that the agriculture and fisheries agreements the EU has with Morocco are not applicable to the Western Sahara because Western Sahara has a status that is separate and distinct from Morocco. Morocco previously suspended diplomatic relations with the EU over its disagreement with an earlier judgment in the case by the General Court.

From Diario de Cadiz: “The arrival of migrants in small boats in Andalusia grew considerably since the start of 2016, almost coinciding with the [General Court’s] first statement (December 2015) supporting the complaint of the Polisario Front against the trade agreement that, among other things, allows part of the Spanish fishing fleet to fish in Moroccan waters. Although surveillance and rescue boats Andalusia recorded the less last year than in 2015 (354 vs. 491), the number of people traveling in these boats increased by 81% from 3,369 to 6,109 migrants. The appeal to the Court of Justice of the European Union and especially the judgment, issued on December 21, has coincided with a new surge in small boats to the Andalusian coast….”

The article also notes that some experts question whether the surge is related directly to the CJEU judgment.

Click here for article. [ES]

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MaltaToday: Italy withholding data on Mediterranean rescue operations from Frontex

An article from yesterday in MaltaToday by Jurgen Balzan reports that Italian authorities are not sharing information with Frontex regarding the number of migrants and asylum seekers rescued at sea in the Central Mediterranean and suggests that the withholding of information may be related to an effort to minimize public concerns over migration as Italy nears a vote next month on a constitutional referendum supported by PM Renzi.

From the article: “…Italian authorities are not sharing the data [regarding rescued migrants] with Frontex … and are keeping the number of people rescued under wraps. A Frontex spokesperson told MaltaToday that although the agency is actively participating in the rescue operations, the Italian authorities ‘are not sharing’ the data on how many people were rescued or how many people lost their lives last week.  Sources close to the Armed Forces of Malta said that Frontex normally holds and provides such data and ‘if they don’t have the numbers then information is being withheld by the Italians.’…”

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EUNAVFOR MED-Six Month Report: No Indication of Refugee Protection Plan for EU Operations within Libyan Territorial Waters and No Reports of Human Trafficking

There is a lot of information in the EUNAVFOR MED Operation SOPHIA Six Month Report   (also here: EEAS-2016-126) that was released last week by WikiLeaks, but there are two subjects not discussed which jumped out at me.

No Discussion of Refugee Protection Plan

First, the Report does not contain information regarding what the EU military force intends to do with migrants who are intercepted or rescued by EU vessels if and when EUNAVFOR MED patrols begin to operate within Libyan territorial waters.

The Report’s ‘Next Steps and Key Challenges’ section [pp 19-21] discusses different EU contingency plans for Phase 2B of the operation and specifically discusses how suspected smugglers arrested by EU forces within Libyan territorial waters would be handled. The Report says suspected smugglers should not be turned over by EU forces to Libyan officials for criminal prosecution unless it can be ensured ‘that they [will be] treated in accordance with human rights standards that are acceptable to the EU and Member States.’ According to the Report, forty-six suspected smugglers have been arrested by EUNAVFOR MED in international waters (between 22 June and 31 December 2015) and all of these individuals have been turned over to Italian authorities for prosecution by Italy’s DNAA – Direzione Nazionale Antimafia ed Antiterrorismo. Italy is so far the only EU Member State prosecuting suspected smugglers.

But unlike the discussion regarding the treatment of suspected smugglers, there is no discussion in the Report about where migrants who are intercepted or rescued in Libyan territorial waters will be taken or how they will be processed. It is certainly possible that intercepted migrants would continue to be taken from Libyan territorial waters to Italy, as is currently the case with operations on the high seas, but I suspect this may not be the plan once EUNAVFOR MED operations are expanded to Libyan territorial waters.

The fact that there is no discussion in the Report of where intercepted migrants will be taken does not mean that EUNAVFOR MED does not have appropriate plans in place, but the omission is troubling because the Report makes clear that once Phase 2B (territorial waters) operations begin, EUNAVFOR MED forces will be interacting and cooperating with the Libyan Navy and Coastguard. (The Report also notes that if requested and if its mandate is amended, EUNAVFOR MED is ready to begin quickly providing capability and capacity building to the Libyan Navy and Coastguard.)

EUNAVFOR MED’s interaction with Libyan forces in territorial waters would, according to the Report, initially include Libyan ‘cooperation in tackling the irregular migration issue’, with the expectation that at a later point in time ‘Libyan authorities could take the lead in patrolling and securing their Territorial Waters, with support being provided by EUNAVFOR Med.’ The Report therefore describes a changing scenario where EU forces would first act alone in Libyan territorial waters, which would lead to some level of cooperation with Libyan authorities (joint patrols? shipriders?), which would finally lead to Libyan authorities taking the lead on enforcement activities, with the EU playing a supporting role of some sort.

The legality of the Phase 2B operations will depend on the details of how intercepted or rescued migrants are processed and where they are taken. EU Member States operating within EUNAVFOR MED would necessarily be exercising effective control over migrants when operating unilaterally or jointly with Libyan forces within Libyan territorial waters and EU Member States would therefore be bound by the non-refoulement obligations in the ECHR, the Refugee Convention, the CAT, and the ICCPR. Any such operations would be subject to the 2012 Hirsi Jamaa v Italy judgment of the ECtHR which rejected Italy’s past push-back practices and close cooperation with the pre-Arab Spring Libya, finding the push-back practices to violate the ECHR’s prohibition on non-refoulement and to constitute collective expulsion.

EUNAVFOR MED’s Phase 2B operation seeks to replicate what Frontex and Spain have done off the coasts of Mauritania, Senegal and Morocco since 2006 pursuant to Joint Operation HERA where Spain and Frontex initially deployed naval patrols in international waters, then negotiated bilateral agreements to move patrols to territorial waters, deployed joint patrols and shipriders within territorial waters, and then continued to provide various forms of support to Mauritania and other West African states to patrol their own territorial waters. Operation HERA succeeded in stopping most boat migration from West Africa, but did so in a manner which did not provide any process to screen intercepted migrants for claims for international protection and subjected intercepted migrants to refoulement.

In order to ensure that non-refoulement obligations are respected and that rights of migrants are otherwise protected, as the EU and EUNAVFOR MED move towards implementation of Phase 2B operations within Libyan territorial waters, more information and transparency is needed to determine and monitor the legality of all aspects of the operations.

No Reports of Human Trafficking

The second perhaps less significant piece of information that jumped out at me as I read the Report was the lack of any suggestion that EUNAVFOR MED patrols have discovered evidence of human trafficking. The Report makes multiple references to trafficking, but always in conjunction with human smuggling, eg, ‘smuggler and traffickers’ business model’, ‘smuggler and trafficker vessels’. The use of the trafficking term seems to be a continuation of the use of imprecise terminology (and possible ongoing confusion over the differences between human trafficking and smuggling as well?). But the Report’s ‘Smugglers’ Business Model’ section [pp 6-8] is clearly only discussing acts of smuggling.

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Filed under Analysis, European Court of Human Rights, European Union, Frontex, Italy, Libya, Mediterranean, Refugees, Reports, UN Security Council, UNHCR

WikiLeaks Releases Restricted Document: EUNAVFOR MED Operation SOPHIA Six Monthly Report

WikiLeaks yesterday released the ‘EUNAVFOR MED Op SOPHIA – Six Monthly Report’. (Also available here: EEAS-2016-126.) The 22 page document is classified as EU RESTRICTED and provides a detailed description of EUNAVFOR MED’s operations during the period 22 June-31 December 2015 and discusses the next steps for the operation, including the move to Phase 2B which would entail operations within Libyan territorial waters. The operation currently operates outside of Libyan territorial waters consistent with UN Security Council Resolution 2259 (2015). The report is signed by Rear Admiral Enrico CREDENDINO, EUNAVFOR MED Op SOPHIA Operation Commander.

Here are some selected excerpts from the report:

Smugglers’ Business Model –

…Wooden boats are mainly used for migrant smuggling to the west of Tripoli, and rubber boats are more common to the east of Tripoli. Wooden boats are more valuable than rubber dinghies because they can carry more people, hence more profit for smugglers and are more resilient to bad weather and can be re-used if recovered by smugglers. However, following operation SOPHIA entering into Phase 2A (High Seas), smugglers can no longer recover smuggling vessels on the High seas, effectively rendering them a less economic option for the smuggling business and thereby hampering it.

Inflatable boats are used in two thirds of the cases and wooden boats in one third of the cases. According to intelligence sources, the wooden boats used are purchased from Libyan fishermen or imported from Tunisia and Egypt. EUNAVFOR MED are monitoring, within capabilities, the supply routes for these, but no detection has been obtained to confirm beyond any reasonable doubt this supply method.

Reports of rubber boast being imported from China and transhipped in Malta and Turkey are supported by a recent interception by Maltese customs of 20 packaged rubber boats in a container destined for Misratah, Libya. As there are no legal grounds for holding such shipments, it was released for delivery to the destination….

Legal Basis for Phase 2A – High Seas –

…The legal basis applicable to phase 2A (High Seas) relies on the international law applicable to the Operation (UN Convention on the Law of the Sea, Palermo protocol against the smuggling of migrants by land and sea) and on individual Member States’ application of the EU mandate through domestic legislation to board, seize and divert vessels and to detain suspected smugglers and traffickers. The adoption of UNSCR 2240 (2015) by the UN Security Council on 9 October, reinforces the legal framework applicable to EUNAVFOR MED activities in international waters. The resolution now provides the legal basis for all Member States to undertake these activities against suspected smugglers and traffickers coming from Libya….

Cooperation with International Organisations –

…In particular we have embedded the training initially provided by UNHCR on migrant handling and international law and this is now a core part of the inchop [command zone] package for new units joining the operation. We are further building on this training with input from UNICEF….

Campaign Assessment –

…Entry into Libyan Territorial Waters will undoubtedly allow us to achieve further success as we get towards the heart of [smuggler and trafficker] networks….

…From a military perspective, EUNAVFOR MED is ready to proceed to Phase 2B (Territorial Waters), though the political and legal challenges ahead remain a significant challenge….

…Transition from phase 2A to 2B [Libyan Territorial Waters] will require for a number of significant challenges to be resolved before I can actually recommend the transition.

Next Steps and Key Challenges-

From a military perspective, and to be more effective against the smugglers’ business model, I need to move to phase 2B (Territorial Waters) as soon as possible. However there are a number of key issues that need to be addressed. These are:

The Legal Finish.

As we will be operating in Libyan Territorial Waters, the current legal finish, of prosecuting suspected smugglers in Italy will not apply. We will therefore need a new legal basis; either an agreement with the Libyan authorities that they will waive their right to prosecute suspected smugglers in Libya and allow them to be prosecuted by another Member State, or to have a transfer agreement in place for apprehended smugglers to be transferred to the Libyan authorities for prosecution. Both options have specific challenges end rely on the consent of the Libyan authorities. If we were to transfer suspected persons to the Libyan authorities, we would need to ensure that they are treated in accordance with human rights standards that are acceptable to the EU and Member States….

…Regardless of the challenges with both options, we are working very closely with the EEAS to come to a workable solution. It is however clear that regardless of the solution taken, the Libyan authorities are fundamental in making this happen, either by providing the agreement to prosecute in another country, or to agree to prosecute in Libya through a judicial system which meets those standards required by the EU. I want to underline the fact that this issue must be solved before we can move to phase 2 Bravo. Without the required legal finish we will be compelled to release suspected smugglers apprehended in Libyan Territorial Waters, with a subsequent loss of credibility for the operation in the media and EU public opinion.

Legal mandate – UNSCR and Libyan Invitation.

In order to move to phase 2 in Libyan territorial waters, we need firstly an invitation from the GNA, as the sole legitimate Government of Libya under UNSCR 2259(2015), and secondly a UN Security Council Resolution to provide the necessary legal mandate to operate. Whilst the transition to phase 2 in Libyan TTW with only a UNSCR without an invitation from the Libyan authorities is theoretically possible, it is unlikely that the UNSCR would be adopted as Russia and China have previously stated that a Libyan invitation would be required by them so as not to block the resolution….

Capacity and Capability Building –

As we move into Territorial Waters, our interaction with the Libyan Navy and Coastguard will increase and we will need to gain confidence in their activities. The capability and capacity of the Libyan Coastguard to protect their borders needs to be developed and therefore preventing illegal migration from Libyan shores, so that we can reach the end state of the mission where illegal migration is at a manageable level without the need for EUNAVFOR Med. This will have to be shaped with Libyan authorities to match their expectations and could benefit from cooperation with other EU missions….

Full document is here or click on this link EEAS-2016-126.

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UN Security Council to Vote Today, 8 October, on Resolution Authorising EU to Inspect and Seize Vessels on High Seas Suspected of Engaging in Smuggling or Trafficking of Persons

From What’s in Blue: The Security Council “is expected to vote [on 8 Oct. 2015] on a resolution aimed at disrupting human trafficking and the smuggling of migrants on the high seas off the coast of Libya. …

The draft resolution authorises member states, acting nationally or through regional organisations, to inspect vessels on the high seas off the coast of Libya that they have reasonable grounds to suspect are being used for migrant smuggling or human trafficking. Furthermore, the draft authorises member states to seize vessels if there is confirmation that they are being used for migrant smuggling or human trafficking from Libya. These authorisations are for a period of one year from the date of the adoption, and the draft stresses how these are given in exceptional and specific circumstances. …

It seems that the two most divisive issues during negotiations related to references to Chapter VII and the use of force. Several Council members, including Chad, Russia and Venezuela, raised concerns over the implications of having a Chapter VII resolution with a broad mandate. Following bilateral negotiations, the draft to be voted on is under Chapter VII but states that this is specifically to put an end to the recent ‘proliferation of, and endangerment of lives by, the smuggling of migrants and trafficking of persons in the Mediterranean sea off the coast of Libya’. …

In relation to the use of force, one of the difficulties was defining the instances in which member states are authorised to use force. The initial draft circulated by the UK included an authorisation to use ‘all necessary measures’ in confronting migrant smugglers or human traffickers. Some Council members wanted further guarantees that this was not a blanket mandate to use force. As a result of the members’ concerns compromise language was added to authorise member states to use ‘all measures commensurate to the specific circumstances’ in confronting them. …

While Council negotiations were put on hold during the high-level debate of the UN General Assembly, amendments were made to the draft in order to secure the consent of the Libyan permanent mission to the UN. …

Some Council members stressed the need to respect international refugee law, as well as the protection of the rights of migrants and asylum seekers. The draft underscores that it is not intended to undermine the human rights of individuals or prevent them from seeking protection under international human rights law and international refugee law.

The resolution is expected to provide legal backing for the EU NAVFOR MED’s operation in the high seas (which was renamed Operation Sophia on 28 September). … Council negotiations over a draft resolution authorising such an operation earlier this year (April-May) were put on hold following difficulties getting consent from Libyan authorities to operate in the territorial waters of Libya and its shore. Following the humanitarian crisis in the Mediterranean this summer, EU Council members decided to narrow the scope of the resolution to vessels operating on the high seas off the coast of Libya. A subsequent phase of the deployment of the operation in the territorial waters and on the shore of Libya is likely to be contingent upon the formation of a government of national accord in Libya.”

Full text of What’s in Blue article here.

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Russian Foreign Minister Lavrov: Russia ready to support Security Council Resolution approving coercive measures by EU only if measures strictly regulated and leave no space for equivocal interpretation

During an interview on Russia’s Channel One “Sunday Time” programme, on 13 September, Russian Foreign Minister Sergey Lavrov said “that Russia stands ready to approve coercive measures only if they are strictly regulated and set out in every detail in the resolution, leaving no space for any equivocal interpretation.” Lavrov was critical of how Western countries had in the past interpreted UN Security Council resolutions and said that the US and European states had in the past engaged in “illegitimate actions in violation of the UN Security Council mandate [which] turned Libya into a ‘blackhole’ now used by terrorists of all kinds.” Lavrov also called for more information regarding what the EU planned to do with refugees found on board intercepted vessels and what would happen to suspected criminals encountered at sea.

Excerpt from the Channel One programme (English translation from the Russian Ministry of Foreign Affairs):

“[***]EU countries have already asked the UN Security Council to help them draft a resolution enabling the navy of EU states to intercept illegal vessels in the Mediterranean carrying migrants who are transferred to Europe illegally. As for coercive measures, many in Europe are talking about not just arresting vessels in the open [high] sea, but also want to operate in territorial waters and onshore (in Libya, for instance), using force if it turns out that a vessel is seized illegally and is not registered. Some even want a Security Council mandate to ‘get rid’ of these vessels, as they say. Do they want to sink these vessels? This issue raises a lot of questions. As we have said time and again, knowing how our Western partners sometimes interpret UN Security Council resolutions, that Russia stands ready to approve coercive measures only if they are strictly regulated and set out in every detail in the resolution, leaving no space for any equivocal interpretation. First, the resolution could concern arresting suspicious vessels in the open [high] sea. When a vessel is flying the flag of a country, its arrest should be coordinated with the country in question. If a vessel bears no identification marks, coordination is not required and it should be stopped and inspected to establish who owns it and what is on board. Second, on top of strictly regulating these actions, it has to be understood what will happen with refugees if they are on board the vessel. The EU has yet to answer these questions. [The EU] also does not have an idea of what to do with the criminals behind this business who are captured on board a vessel. This does not just concern those executing these activities, but also those who engineer the process in some other country. A comprehensive approach is needed, and hasty solutions should be avoided. Of course, in all of those debates, we want to make our partners learn the lesson of their earlier deeds. Everyone should understand from where these migrant waves are coming and why.

… It is not uncommon that attempts to settle political crises are fuelled by momentary political gain without thinking about the implications of an action or initiative on the situation in general. Libya, where the decision was taken to topple a dictator, provides a good example. This has overshadowed all other thoughts and assessments. I spoke with our US and European colleagues who took part in this effort, showing that their thoughtless and illegitimate actions in violation of the UN Security Council mandate turned Libya into a ‘blackhole’ now used by terrorists of all kinds. The country has two parliaments and two governments with their own military. Apart from these structures, there are 35 armed groups that obey neither Tobruk, nor Tripoli. Illegal arms are flowing from Libya to many other countries. According to the UN, these weapons have travelled a long way and are used in a dozen African countries. Libya also serves as the primary transit hub in terms of human trafficking.

The response by my colleagues was telling. They acknowledge the facts and that they committed mistakes. They had the same arguments when Iraq was on the brink of dissolution. It was a mistake for the United States, but they proposed not to delve too much into the past. I strongly believe that unless we learn the lessons of history and do our homework, we will constantly face new crises, resulting in destructive, utterly negative and dangerous consequences, such as the current refugee flows. These issues will be subject to a detailed, substantive discussion in the UN Security Council. [***]”

“[***] Страны Евросоюза уже обратились в Совет Безопасности ООН с просьбой помочь им разработать резолюцию, которая будет санкционировать действия военно-морских сил ЕС в Средиземном море по перехвату нелегальных конвоев с мигрантами, которых контрабандным путем пытаются переправить в Европу. Что касается каких-то принудительных действий, многие в Европе говорят не только об аресте судов в нейтральных водах, но и о действиях в территориальных водах и на сухопутной территории (той же самой Ливии) с применением силы, если будет выявлено, что судно незаконно захвачено или никем не зарегистрировано. Некоторые даже выступают за то, чтобы получить от Совета Безопасности право, как они формулируют,  от этих судов «избавляться». Топить что ли хотят? В этой связи возникает множество вопросов. Мы уже не раз говорили, что отныне и впредь, наученные тем, как наши западные партнеры, порой, умеют интерпретировать резолюции СБ ООН, мы будем готовы санкционировать принудительные меры только если они будут максимально конкретно и очень строго регламентированы в самой резолюции, не допуская какого-либо двойного толкования.  Во-первых, речь могла бы идти об аресте подозрительных судов в открытом море. Если судно идет под флагом какого-то государства, то остановка судна должна быть с ним согласована. Если судно никак не идентифицировано, тогда такого согласия не требуется, и его нужно остановить и проверить, кому оно принадлежит и что везет. Во-вторых, помимо строгой регламентации этих действий, нужно понять, что будет с беженцами, если они будут обнаружены на этом судне. Пока европейская сторона не может дать нам ответы на эти вопросы. Она также не может ответить, что будет с организовавшими этот бизнес преступниками, которые будут захвачены на этих кораблях. Речь идет не только об исполнителях, но и о тех, кто «кукловодит» этим процессом из какой-то другой страны. Здесь нужен комплексный подход и не нужна спешка. Безусловно, во всей этой дискуссии мы хотим, чтобы наши партнеры извлекали уроки из своей прошлой деятельности. Все должны понимать, откуда  и почему берутся все эти волны беженцев.

Мы сегодня говорили о террористической угрозе и неурегулированных конфликтах. Очень часто предпринимаются попытки урегулировать тот или иной кризис ради достижения какой-то сиюминутной политической цели, абсолютно не уделяя внимание, какое влияние та или иная акция будет оказывать на общую ситуацию. Хорошим примером этого служит Ливия, где  решили свергнуть диктатора. Это затмило все остальные мысли и оценки. Я разговаривал с нашими американскими и европейскими коллегами из тех, кто принимал непосредственное участие в этой акции, и показывал, что именно после их абсолютно бездумных и противоправных действий, совершенных в нарушение мандата Совета Безопасности ООН,  Ливия превратилась в «черную дыру», которую сейчас используют террористы всех мастей. Там есть два парламента и два правительства, у каждого из этих политических органов есть свои вооруженные формирования. Но, кроме этих структур есть еще 35 вооруженных отрядов, которые не подчиняются ни Тобруку, ни Триполи. Из Ливии идет огромный поток нелегального оружия в самые разные страны. По оценкам ООН, это оружие давным-давно появилось и применяется более чем в десяти странах Африки. Через Ливию проходит основной поток контрабандной торговли людьми.

Очень показательна реакция моих коллег, которые признают, что это было, и они тогда ошиблись. То же самое нам говорили после того, как Ирак оказался на грани раскола ­ – американцы ошиблись, но предложили не копаться в истории. А я считаю, что если мы не будем извлекать уроки и делать работу над ошибками, то будем постоянно натыкаться на новые кризисы, которые и дальше будут приносить разрушительные, очень негативные и опасные последствия, такие как нынешние потоки беженцев. Мы планируем предметно и подробно обсуждать эти вопросы в СБ ООН. [***]”

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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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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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Frontex Director: EU Military Operation Near Libya May Shift Migration Routes to Eastern Mediterranean

In an interview published earlier this week in Les Echos, Frontex Director Fabrice Leggeri noted that there already exists a small shift in migration flows from the central Mediterranean to the eastern Mediterranean: “The pressure is growing stronger on the eastern Mediterranean. … Since early 2015, and before last weekend, there were slightly more arrivals from Turkey: 40.000 irregular crossing in the Greek islands, against 37,000 in Italy. The number of Syrian refugees is decreasing steadily in Italy. Syrian families prefer to avoid Libya because the security conditions there have worsened significantly. The smugglers are much more violent in Libya.”

[“La pression est de plus en forte sur la Méditerranée orientale. … Depuis le début 2015, et avant le week-end dernier, il y avait légèrement plus d’arrivées en provenance de Turquie : 40.000 franchissement irréguliers dans les îles grecques, contre 37.000 en Italie. Le nombre de réfugiés syriens diminue de manière constante en Italie. Les familles syriennes préfèrent éviter la Libye car les conditions de sécurité s’y sont nettement dégradées. Les passeurs sont beaucoup plus violents en Libye.”]

Director Leggeri noted that an EU military operation near Libya may simply move some of the migration flow further to the east: “Migration routes are extremely flexible and can change rapidly. There is strong pressure [migratory] on the European Union in general from those who come from the African continent and the Middle East. … If there is a military operation in the vicinity of Libya, this may change the migration routes and make them move to the eastern route.”

[“Les routes migratoires sont extrêmement flexibles et peuvent se modifier rapidement. Il y a une forte pression sur l’Union européenne de manière générale qui vient du continent africain et du Proche-Orient. … S’il y a une opération militaire au voisinage de la Libye, cela peut changer les routes migratoires et les faire basculer vers la route de l’Est.”]

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Efforts to Secure Security Council Resolution on EU Migrant Plan “Paused”

From ANSA: “Preparation of a draft UN Security Council resolution to authorize a European mission against migrant traffickers in the Mediterranean ‘has been suspended until the issue of the consent of the Libyan authorities has been resolved,’ a diplomat of the UN Security Council told ANSA on Wednesday. … However, the same source said that ‘regarding implementation, cooperation is necessary from all parties in the country’; and the Libyan government [in Tobruk] can not give authorization because it does not control the whole territory.”

From Reuters: “A senior U.N. diplomat said drafting of the resolution had been ‘paused’ until it was ‘clear there will be Libyan consent’. … [A] senior U.N. diplomat said that legally a letter from a representative of the internationally-recognised Libyan government was needed to authorise the EU mission, but that to ensure successful implementation of the operation ‘cooperation with a wide variety of authorities’ would also be required.”

From Libya Herald: “[Libyan Foreign Minister Mohamed Dairi (Tobruk)] went on the record today [in Brussels] saying that while Libya was interested ‘in cooperation with Europe in order to address the growing terrorism inside the country as well as in order to address the problem of illegal immigration’, it would not approve any military operation.”

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Libyan UN Ambassador to Oppose Security Council Resolution on EU Migrant Plan

AFP reports that Libyan UN Ambassador Ibrahim Dabbashi (representing the internationally recognised Tobruk government) will refuse to consent to a UNSC Resolution authorizing the EU to use military force against smugglers in Libya “as long as European governments were discussing the plan with Libyan militias that control coastal territory.” Dabbashi said that “[t]he position of Libya is clear: as long as the European Union and some other countries are not dealing with the legitimate government as the sole representative of the Libyan people, they will not get any consent on our part.” According to the AFP report, “Security Council diplomats privately said the European effort to present a resolution on the migrant crisis had hit a wall over Libya’s refusal to give its approval. European governments had instructed their diplomats mostly based in Tunis to reach out to various Libyan factions to try to get them onboard the plan before formally presenting the draft resolution at the Security Council.” According to the Security Council Report, “[f]or at least one permanent [Security Council] member the consent of the Tobruk/al-Bayda-based government seems to be indispensable for the adoption of the resolution.”

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Security Council Negotiations Regarding EU Call for Use of Force Against Smugglers Ongoing; Russia Warns Against Repeating “Abuse” of 2011 UNSC Resolution

The Security Council Report reports that “[t]he negotiations on the EU draft aimed at tackling the smuggling of migrants on the Mediterranean were still ongoing at press time between some Council members and the Libyan authorities. (For at least one permanent member the consent of the Tobruk/al-Bayda-based government seems to be indispensable for the adoption of the resolution.) In the past, it has been difficult to get agreement on resolutions authorising the interception of vessels, whether in the context of the implementation of sanctions or counter-piracy measures. Some Council members feel strongly about not contravening the principle of freedom of navigation codified in the UN Convention on the Law of the Sea. As such, they have tended to focus their discussions in the past on such issues as the procedures to authorise interdiction, whether the consent of the flag state is required and the maritime zones where the interdiction is authorised to happen. In the informal interactive dialogue with Mogherini, some Council members inquired about the potential impact that requesting consent from Libya could have on the political process. The UK is the penholder on Libya.”

Reuters and Interfax reported that Russian Foreign Minister Sergey Lavrov said any resolution would have to describe “in the most minute detail the mandate of [an EU military] mission under [UN Charter] Chapter 7.” “‘The mandate of such an operation will have to be spelled out to the last detail because we do not want the ambiguity, which became a source of flagrant violations of the known resolution on Libya adopted in 2011, to repeat itself.’ … Lavrov said discussions in the Security Council on the new resolution against human traffickers were on hold as the EU was in talks with the internationally-recognized Libyan authorities sitting in Tobruk to work out necessary details. ‘As we have been told, European Union representatives are holding consultations with the lawful Libyan authorities recognized by the UN, these are the authorities seated in Tobruk, where the Chamber of Deputies and the government are operating’.”

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WikiLeaks Releases Classified Documents Describing EU Plans For Military Strikes Against Libyan Migrant Smugglers

WikiLeaks has released two documents which describe the EU plans for possible military attacks on boats used by migrant smugglers in Libya:

Document 1: “Military Advice on the “Draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean””(also here)

Document 2: “PMG Recommendations on the draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean” (also here)

WikiLeaks Press Statement:

“EU plan for military intervention against ‘refugee boats’ in Libya and the Mediterranean

Today, WikiLeaks is releasing two classified EU documents, outlining the planned military intervention against boats travelling from Libya to Italy. The more significant of the two documents was written by the combined military defence chiefs of the EU member states. The plan was formally approved by representatives from all 28 countries on 18 May 2015.

Importantly, one of the documents acknowledges that ‘the political End State [of the military intervention] is not clearly defined’ and recommends that the European Commission issue further guidance.

The documents lay out a military operation against cross-Mediterranean refugee transport networks and infrastructure. It details plans to conduct military operations to destroy boats used for transporting migrants and refugees in Libyan territory, thereby preventing them from reaching Europe. The EU member states’ military chiefs advice is that there is a need to:

‘[draw] on the full range of surveillance, intelligence and information capabilities available to MS [member states] and Partners, and supported by Brussels (inter alia EEAS [European External Action Service] Single Intelligence Analysis Capacity – SIAC)’.

The plan also acknowledges the possibility of EU military use of force against groups such as ISIL ‘within the Libyan sovereign area’:

‘the threat to the force should be acknowledged, especially during activities such as boarding and when operating on land or in proximity to an unsecured coastline, or during interaction with non-seaworthy vessels. The potential presence of hostile forces, extremists or terrorists such as Da’esh [ISIL] should also be taken into consideration’.

The documents mark a departure from previous EU military strategy in its overt targeting of civilian infrastructure in Libya. Numerous EU countries, including Belgium, Bulgaria, Denmark, France, Greece, Italy, the Netherlands, Romania, Spain, Sweden and the United Kingdom participated in NATO-led air strikes on Libya in 2011.

Human rights organisations have called on the EU not to put the lives of refugees and migrants at risk. The plan acknowledges that the EU risks negative publicity ‘should loss of life be attributed, correctly or incorrectly, to action or inaction by the EU force’. To manage this reputational risk, the documents recommend ‘an EU information strategy from the outset’ in order to ‘facilitate expectation management’. They also acknowledge the ‘need to calibrate military activity’ particularly within Libyan waters or ashore ‘in order to avoid destabilising the political process by causing collateral damage, disrupting legitimate economic activity or creating a perception of having chosen sides’.

Boats transporting people from Libya are the main means for refugees fleeing conflict in Syria, Eritrea, Afghanistan and the Horn of Africa to reach safety in Europe. Since the destruction of the Libyan government in 2011 there has been a sharp increase in the numbers of refugees travelling to Europe from Libya. In 2014 more than 170,000 people are estimated to have crossed the Mediterranean from Libya. In 2014, this made up 60 per cent of the entire irregular migration into the EU.”

WikiLeaks description of Document 1 -“Military Advice on the “Draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean”” (also here):

“Classified EU plan, approved by EU member states defence chiefs, for a year long (at least) military operation against Mediterranean refugee transport networks and infrastructure, including the destruction of docked boats and operations within Libya’s territorial boundaries. The document is significant. It sets out the intent of EU defence chiefs: the EU will deploy military force against civilian infrastructure in Libya to stop refugee flows. Given the previous attacks on Libya by several EU NATO members and Libya’s proven oil reserves, the plan may lead to other military involvement in Libya. Formally, the document is approved Military Advice from the European Union Military Committee (EUMC) to the Political and Security Committee (PSC) on a “Draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean”.

WikiLeaks description of Document 2 – “PMG Recommendations on the draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean” (also here):

“This is the document of recommendations from the Politico-Military Group (PMG) and Committee for Civilian Aspects of Crisis Management (CIVCOM), who work with the support of the General Secretariat of the Council in the Council of the European Union, to the Political and Security Committee (PSC) on the “Draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean”. On 5th May 2015 the PSC discussed a possible EU military CSPD operation to disrupt human trafficking networks in the Southern Central Mediterranean region, including seizure or destruction of shipping vessels, based on a Crisis Management Concept (CMC).”

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20 May – Informal Meeting between Members of UN Security Council and EU Political and Security Committee

From “What’s In Blue”: On 20 May, “members of the Security Council will hold an informal meeting with members of the EU Political and Security Committee (PSC). Since this is an informal meeting, it will not be held in the Security Council chamber and is not on the official programme of work of the Council. The meeting was requested by the EU and will be hosted by Lithuania, the current president of the Council, at the premises of the EU Delegation to the UN. The mutually agreed agenda for the meeting includes EU-UN peacekeeping cooperation in Africa, Libya and Ukraine.”

Among the topics that will be discussed is the proposed EU military operation in Libya:

“Libya/Migrant Smuggling – On this … issue, Council members are also expected to discuss with the members of the EU PSC the details of the EU military operation (EU NAVFOR Med) the EU decided to establish on 18 May to break the business model of the smuggling of migrants. Briefing the Council on 11 May, Mogherini presented proposals for the EU strategy to tackle the flow of migrants towards Europe. As part of this strategy, Mogherini discussed the plans for an EU military operation that would be authorised under Chapter VII to inspect, seize and dispose of vessels when there are grounds to believe that they are participating in the smuggling of migrants. Negotiations are ongoing among EU members of the Council (France, Lithuania, Spain and the UK) and China, Russia and the US on a draft resolution to authorise the EU operation. Council members are likely to be interested in the details that the EU PSC ambassadors can provide on this proposed operation, and what they are seeking from the Council, including on the appropriateness of this response to tackle this phenomenon, the protections foreseen in accordance with international refugee law, the issues associated with consent from the Libyan authorities, the geographical scope of the resolution, and consent by the flag states regarding interdictions.”

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Via Statewatch: Non-public Crisis Management Concept document – EU plan for CSDP operation to disrupt migrant smugglers in Libya

The non-public Crisis Management Concept document outlining the EU plan for a CSDP operation to disrupt migrant smugglers in Libya has been made available via Statewatch. See p. 6, Section IV, for the military operation plans. (Also available here.)

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