Category Archives: Mediterranean

by | 17 Jun 2010 · 05:21

ECRE: Can EU Trust Libya With Refugee Protection?

ECRE issued a press release last week regarding Libya’s decision to expel the UNHCR:

“Bjarte Vandvik, Secretary General of the European Council on Refugees and Exiles (ECRE) said: ‘UNHCR’s expulsion from Libya will hopefully be temporary but it does reveal the unreliability of this regime, as well as its understanding of refugee protection. How will the EU ensure that Libya keeps its word regarding commitments towards human rights? How can the EU trust such a partner?’”

“ECRE calls on the EU to seriously reconsider its cooperation on asylum and refugee issues with Libya, a country that is not a party to the 1951 Geneva Refugee Convention. In particular, negotiations on an EU – Libya framework agreement must now be reviewed, as should any EU funding that supports Libyan authorities in intercepting refugees along their Southern border…. While UNHCR”s presence does not make Libya a safe place for refugees, the decision to prevent UNHCR from operating in the country once again illustrates the real intentions of the Libyan authorities when it comes to refugee protection. The EU cannot simply continue to ignore this reality but should make clear that the protection of refugees is still a fundamental value of the EU.”

(HT to Ana Lopez, ECRE’s Media and Information Officer).

Click here for full ECRE statement.

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by | 16 Jun 2010 · 05:03

Migreurop: What Price Will Europe Pay if Gaddafi Authorises UNHCR’s Return to Libya?

Migreurop takes the position that Libya’s recent decision to expel the UNHCR is a negotiating tactic that will be used to leverage more money and concessions from the European Union in the context of the ongoing EU-Libya partnership negotiations and poses the important question:  What Price Will Europe Pay if Gaddafi Again Authorises UNHCR’s Return to Libya?  The UNHCR’s presence in Libya has played an essential role in Europe’s immigration policy, specifically Europe’s migration management and border outsourcing:

“Thanks to UNHCR’s presence in Tripoli, Europe and Italy, which concluded its agreement with Libya in August 2008, were able to claim that the boat people who were forcibly returned to Libya could find a minimal level of security and protection. Everyone knows full well that this was a smokescreen: the conditions under which migrants are treated in Libya are well documented and well known to European authorities and institutions.”

“The presence of the UNHCR in Libya justified the policy of externalisation and deportation carried out by the EU. … Libya has now raised the stakes and the UNHCR is an accomplice in the sordid negotiations:  UNHCR’s return is already planned.…”

Click here or here for Migreurop’s full statement / analysis (FR).

Click here for previous post.

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by | 10 Jun 2010 · 04:43

More on Libya’s Decision to Expel UNHCR

Libya’s decision to expel the UNHCR from Libya was made public during the seventh round of Framework Agreement talks between the EU and Libya.  The talks concluded yesterday in Tripoli.  “[Libya’s Deputy Foreign Minister Mohammed Tahar] Sayala said the main stumbling blocks to progress were illegal immigration and the International Criminal Court (ICC), which Libya does not recognise.  [Sayala] said Libya wanted financing and equipment [from the EU] for the surveillance of its borders, both on land and sea.”

Amnesty International criticized the decision to expel the UNHCR and called on Libya to reverse the decision:

“[***] The move to expel the UNHCR came against the backdrop of the 7th round of negotiations, which started on 6 June in Tripoli, between Libya and the EU over a Framework Agreement, which addresses bilateral cooperation in the control of irregular migration, among other issues, including potential readmission agreements for third-country nationals, who have transited through Libya on their way to Europe. EU member states, most notably Italy, have been seeking Libya’s assistance in decreasing the flow of arrivals of asylum-seekers and migrants to European shores. The expulsion of the UNHCR further casts doubt on Libya’s commitment to respect its obligations under the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa. It also shows how essential it is to include effective human rights safeguards and adequate standards of protection in any bilateral agreements with Libya in the field of the control of migration. [***]”

The European Commission also expressed “concern” with Libya’s decision “but sees it as one more reason to engage in ‘dialogue’ with General Gaddafi’s country on immigration and asylum.”

And as noted by Michèle Morel on International Law Observer, even though Libya is not a signatory to the UN Refugee Convention, Libya is bound by customary international law which prohibits refoulement to countries where there is a risk of torture, “[t]herefore, while Libya itself has no asylum system for the examination of asylum seekers’ situations, refusing to allow UNHCR to carry out its activities in Libya would amount to a violation of international human rights law.”

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

Click here for Amnesty International’s statement.

Click here for link to ILO post.

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by | 09 Jun 2010 · 05:20

EU-Libya Resume Partnership Talks

The seventh round of negotiations on the EU-Libya partnership accord began on 8 June in Tripoli.  According to the AFP, EU negotiators hope to have a final agreement with Libya signed by the end of 2010.  The current EU delegation is led by Hugo Mingarelli, deputy head of the European Commission for foreign affairs.  The negotiations have been slow for a variety of reasons, one of them being disagreement over immigration topics and the reported pressure on Libya by the EU to sign the UN Refugee Convention.  (See my previous post on Libya’s sudden decision to close the UNHCR office in Tripoli.)

Click here and here (AR) for articles.

Click here for EC External Relations web page on Libya.

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by | 09 Jun 2010 · 05:00

Libya Orders UNHCR Office Closed – Possible Link to EU-Libya Talks on Partnership Accord

The Libyan government has ordered the UNHCR office in Libya to halt all activities and to close it office.  UNHCR has been working in Libya since 1991 even though Libya is not a signatory to the UN Refugee Convention.

The UNHCR said it was not given a reason for the Libyan decision.  Reuters reported that Libya’s Foreign Ministry considers the UNHCR presence within Libya to be illegal since Libya is not a signatory to the Refugee Convention.  Reuters also says that JANA, the Libyan news agency, accused a UNHCR official of carrying out an unspecified illegal activity.

The Libyan newspaper Oya and other reports say that the EU is pressuring Libya in the ongoing EU-Libya Partnership Talks to sign the Refugee Convention and that illegal immigration is one of the main areas of disagreement in the current negotiations.

The UNHCR said in a press release “[i]n the absence of a national asylum system, UNHCR has carried out registration and refugee status determination, visiting detention facilities and providing medical and humanitarian assistance to detainees.”  Among the asylum seekers detained in Libya over the past year are persons who were forcibly returned to Libya by Italian authorities pursuant to the Italy-Libya migration agreement.

Click here for UNHCR press release.

Click here for Oya article (AR).

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

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by | 08 Jun 2010 · 15:21

UNHCR Criticises Delay by Italy and Malta in Launching Search and Rescue of Migrant Boat

“UNHCR is concerned about delays in a search-and-rescue operation on Sunday and Monday [6-7 June]  involving a boat carrying more than 20 people, mostly Eritreans, near Malta. Distress calls were received on Sunday evening, including by UNHCR, and passed to Maltese and Italian maritime authorities. It is unclear which country had search-and-rescue responsibility when the distress calls were first sent. According to information made available to UNHCR, the boat was only rescued late on Monday, and by Libyan vessels.”

The persons on board the boat have reportedly been taken to Libya.

Click here for UNHCR statement.

Click here and here for articles.

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by | 07 Jun 2010 · 06:18

Spanish Court Rules that Schengen Treaty Prevents Asylees From Leaving Ceuta and Melilla

As noted on Diario de la Inmigración, a Spanish Court in Ceuta (el Juzgado Contencioso Administrativo número 2 de Ceuta) has ruled that persons granted asylum or subsidiary protection may not leave Ceuta for the Spanish peninsula.  The court agreed with the position of the Spanish government and ruled that the two autonomous cities of Ceuta and Melilla are not part of the Schengen area and that proper documentation is therefore required to enter the Schengen area from the cities.  The court concluded that the “yellow card” (“tarjeta amarilla”) issued to persons granted asylum or subsidiary protection is insufficient documentation to enter the Schengen area.

The UNHCR and CEAR have previously criticised the Spanish’s government new policy of restricting the free movement of persons in Ceuta and Melilla who have been granted asylum or subsidiary protection.  UNHCR believes that the restrictions on free movement violate article 5 of Spain’s 2009 asylum law (la ley 12/2009, de 30 de octubre).

Click here, here, and here for articles (all ES).

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by | 01 Jun 2010 · 05:37

Malta: Italian Sea Patrols are Secretive But Effective

A Malta Today article quotes an unidentified source within the Armed Forces of Malta as saying that Italy’s anti-migrant operations are effective but are veiled in a suspicious secrecy:

“‘Nothing is happening [in regard to migrants], because the Italians are effective with joint patrolling, donations of sea vessels, and hands-on training,’ an informed officer said.  Developments on the Libyan sea-front, where the Italian army is engaged in joint repatriations of migrant traffic, seem to be veiled in a suspicious secrecy. The same officer said ‘we don’t know what the Italians are doing’, and as the first months of 2010 saw no significant migrant arrivals, observers feel the situation may not alter radically.  There seems to be consensus that the deal forged between the Italian and Libyan leaders has stemmed the migrant tide in the Mediterranean.”

Click here for article.

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by | 24 May 2010 · 04:53

Concerns Over Italy’s Push-Back Practices in HRC’s UPR Report

The 14th regular session of the Human Rights Council begins on 31 May.   The report of the Working Group on Universal Period Review on Italy will be considered by the Council on 9 June.

The Working Group’s report identifies concerns with Italy’s treatment of migrants and asylum seekers, including whether migrants or asylum-seekers have been transferred to another country without proper assessment of the need for refugee or other protection and whether persons intercepted at sea have access to proper assessment of their asylum claims in accordance with international human rights standards.

Italy’s general response to date has been that “in cases of human trafficking, international law permitted the return of migrants to their countries of origin, unless they were in need of urgent medical assistance and had not expressed the intent to apply for asylum or other forms of international protection.”

Excerpts from the Report of the Working Group:

A. Presentation by the State under review [***]

11. Over the past few years, the country had been exposed to a massive inflow of migrants, which increased by 250 per cent over the last few years, and could, in some instances, affect public order. Italy is at the forefront of efforts to rescue migrants and asylum-seekers on the high seas. It affirmed that, in cases of human trafficking, international law permitted the return of migrants to their countries of origin, unless they were in need of urgent medical assistance and had not expressed the intent to apply for asylum or other forms of international protection. [***]

B. Interactive dialogue and responses by the State under review [***]

52. Italy noted that it had a comprehensive system of asylum and that new arrivals were regularly informed about their right to international protection. With nearly 50 per cent positive responses to all applications made, Italy’s rate of acceptance was above the EU average. Italy once again highlighted its efforts to provide rescue at sea, not only in its own waters, but also beyond. [***]

72. Denmark asked Italy to elaborate on criticism regarding the transfer of migrants and asylum-seekers to another country without proper assessment of the need for refuge and other protection. ***  [***]

76. New Zealand *** requested details on measures taken by Italy to ensure the individual circumstances of each asylum-seeker are genuinely considered. *** [***]

II. Conclusions and/or recommendations

84. The following recommendations will be examined by Italy, which will provide responses in due time, but no later than the fourteenth session of the Human Rights Council: [***]

67. To strengthen efforts to protect asylum-seekers and refugees (Yemen); to continue the implementation of laws on migration and amendments, to ensure that the laws are always fully in line with international standards (Kyrgyzstan); to make additional efforts in work with refugees and migrants (Kyrgyzstan); and to take further steps to ensure the full respect of the fundamental rights of migrants, asylum-seekers and refugees (Sweden);

68. To strengthen cooperation with UNHCR in order to guarantee access to a just procedure in identifying the protection needs of those travelling to or are in Italian territory (Mexico);

69. With regard to the concerns expressed in the Italian-Libyan agreement to prevent ships with immigrants from sailing to Italy, to ensure that intercepted persons have access to proper assessment of their asylum claims in accordance with international human rights standards (Netherlands);

70. To ensure satisfactory asylum procedures for all migrants and asylum seekers rescued at sea (Denmark);

71. To review its legislation and practices, ensuring that they comply fully with the principle of non-refoulement, and to ensure the accountability of persons responsible for any violation thereof (Czech Republic);

72. To take appropriate legislative measures to decriminalize irregular entry and stay in Italy (Brazil); to eliminate the provision criminalizing irregular entry and stay on Italian territory as contained in law No. 94 of 2009, as well as those provisions that regard non-documented status as an aggravating circumstance in the commission of criminal offence, and the creation of vigilante groups, as contained in law No. 125 of 2008 (Mexico); [***]

77. To increase the transparency of arrival and return procedures concerning immigrants and refugees (Japan);

78. To intensify efforts in the resettlement of refugees, especially with regard to the protracted refugee situations identified by UNHCR (Morocco);

79. To ensure the full enjoyment of human rights for those hoping to find a better life in Italy, especially by strengthening structures to guarantee the rights of migrants (Burkina Faso);

80. To strengthen respect for the human rights of migrants, including those in detention centres (Cuba);

81. To repeal all discriminatory laws against irregular migrants and take action to investigate and prosecute discriminatory acts by public and security officials, in particular where racial and religious motives are aggravating factors (Pakistan);

82. To continue close cooperation with countries of origin and transit in finding an effective solution to the problem of illegal immigration (Viet Nam);

83. To continue measures to end trafficking in human beings (Yemen); and to strengthen further its efforts to end trafficking in women and children, and to take effective measures to prosecute and punish trafficking in persons (Canada);

84. To increase measures to identify women and child victims of trafficking effectively in order to provide them with adequate assistance, and to consider not penalizing them for crimes committed as a direct result of being trafficked (Philippines);

85. To strengthen efforts to combat trafficking in women and children, and to take effective measures to prosecute and punish trafficking in persons, as raised by the Committee on the Rights of the Child and the Committee against Torture (Japan); and to take effective measures to prosecute and punish trafficking and the exploitation of persons, as recommended by the Committee against Torture (Israel); [***]

Click here for the Report of the WG.

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by | 24 May 2010 · 02:51

Italy Gives 2 Patrol Boats to Egypt

On 5 May Italian authorities transferred two naval patrol boats to Egypt for use in anti-immigration patrols and port security.  Italy has previously given patrol boats to Egypt.

Click here and here for articles. (AR)

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by | 24 May 2010 · 01:12

Mass Human Trafficking Trials Continue in Libya

The criminal trials involving almost 500 defendants charged with human trafficking are still ongoing in Tripoli.  Some new defence attorneys are reportedly involved in the case and have complained that the prosecutor’s office is relying on reports provided by Italian authorities and on reports on the topic of illegal immigration which were prepared for distribution to the media.  Some defence lawyers have said that the criminal charges are motivated by media and political pressure brought against the Libyan government.  Defence lawyers have also reportedly asserted that the special State Security Court trying the cases does not have jurisdiction over charges relating to illegal immigration.

Click here for earlier post.

Click here and here for articles. (in Arabic)

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by | 24 May 2010 · 00:40

European–US–African Joint Military Exercises

16 years after withdrawing its military forces from Equatorial Guinea, Spanish armed forces members are now present in Mali, Mauritania, Senegal and Nigeria.  Spanish forces recently completed a three week multinational military exercise known as Flintlock 10 along with forces from other EU countries (France, Germany, the UK, and the Netherlands), the US, and 7 African countries.  Flintlock 10 was conducted in coordination with the US military’s Africa Command, Africom. (If you are not familiar with the US Military’s Africa Command, a quick look at its “2009 Posture Statement” will give you a feel for its very very extensive activities within Africa.)

Spain’s decision to resume a military presence in Africa was identified in its Africa Plan (“el Plan África”), adopted in 2006, which was intended to provide “‘a comprehensive approach to relations with neighbouring continent,’ sa[id] one expert, ‘but [also to] respond[ ] to the urgent need to curb the wave at the source of illegal immigration.’”  (Click here for the 2009Plan África.)

A joint maritime military exercise known as Exercise Phoenix Express 2010 began last week.  This exercise includes training of the Moroccan and Senegalese military by US and Spanish military personnel.  According to an Africom press release, Moroccan and Senegalese Maritime Interdiction Operations Teams are being trained on tactics, techniques, and procedures associated with Maritime Interdiction Operations.  Last month Spanish and US naval forces were involved in similar training exercises off the coast of Senegal under Africom’s Africa Partnership Station.

The current exercise, according to Africom, includes a focus on maritime interdiction operations.  Participating forces “will track and board suspect vessels carrying suspicious cargo, and Maritime Patrol Aircraft and Automated Identification Systems, along with MIOs like SARs and Visit, Board, Search and Seizures will be performed.”

Click here for El Pais article about Spain’s military’s return to Africa.

Click here and  here for Africom press releases.

Click here for US Naval Forces Africa press release.

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by | 21 May 2010 · 05:24

CSDP and Maritime Surveillance

The May edition of the ISIS European Security Review contains an article reviewing the Spanish EU Presidency and the Common Security and Defence Policy (CSDP, formerly ESDP).  The article notes that a main priority of the Spanish Presidency has been an “Integrated Maritime Surveillance.” “[T]he Spanish Government has clearly followed the Swedish Presidency in many areas, especially in the creation of an Integrated Maritime Surveillance, probably the most notable accomplishment of this EU Presidency on defence policy. *** The attention paid by Spain to naval protection is not something new: Spanish interest in increasing patrolling across Europe’s coastlines has been proven during the last decade, especially through its support to FRONTEX assistance in the Mediterranean Sea and the Canary Islands. Beyond that, the project of a common management of external borders has resulted in a need for protection of European interests away from the official maritime borders, moving also to trade routes where the EU economic interest is at stake.”

Click here for the ISIS May 2010 Newsletter.

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by | 21 May 2010 · 05:06

UPR of Spain Largely Ignores Interdiction and Readmission Practices

Spain was one of 15 countries whose records were reviewed during the 8th session of the Human Rights Council’s Universal Periodic Review (UPR) Working Group from 3-15 May 2010.  While reference is made to the treatment of asylum seekers and migrants who reach Spanish territory, little attention was directed (at least not in the national report or the Working Group’s Draft report) to the treatment of migrants intercepted at sea before reaching Spanish territory in the Canary Islands or elsewhere.  Likewise little attention was paid to the provisions and implementation of Spain’s several bilateral readmission agreements with various countries such as Senegal.

According to the Draft report, Spain agreed with a general recommendation to “[t]ake all measures necessary to ensure that actions related to unaccompanied minors (migrants, asylum seekers, refugees, victims of trafficking) are in line with international standards.” [Section II, Para. 84(54).]  But Spain did not agree to several more specific recommendations, instead agreeing only to “examine” and “provides responses” to the recommendations no later than September 2010 when the Human Rights Council meets for its 15th session.

Three of the more detailed recommendations were:

  • “Respect fully the principle of non-refoulement and ensure effective access to asylum procedures, taking into account the objectives of UNHCR’s 10-Point Plan on Mixed Migration” (New Zealand);
  • “Undertake a review of its readmission agreements with respect to refugees and asylum-seekers, and amend them as necessary to ensure that they contain human rights guarantees in line with international standards” (Canada); and
  • “Consider access to asylum procedures for victims of trafficking (Costa Rica).

[Section II, Para. 86(28-30).]

Click here for link to UPR site for Spain.

Click here for the Draft report of the Working Group.

Click here for Spain’s national report submitted to the Working Group.

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by | 20 May 2010 · 05:41

Large Drop in Irregular Algerian Migrants Arriving in Italy in 2009

Italy’s Ambassador to Algeria, Giampaolo Cantini, held a press conference this week and said that the number of harragas, irregular migrants, who were found attempting to enter Italy from Algeria dropped from 1599 in 2008 to 804 in 2009.  The press coverage described the reduction as a 70% reduction, but given the cited numbers, it seems the drop is about 50%.  Cantini noted that not a single migrant departing Algeria for Italy has been detected since 30 April 2010.

Cantini attributed the reduction to the increased level of bilateral cooperation between Italy and Algeria on the migration issue and the increased surveillance of the Algerian coast by Algerian authorities.

Click here and here for articles (both FR).

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