Category Archives: Analysis

by | 27 Feb 2012 · 04:45

Hirsi v. Italy: Prohibition of Collective Expulsion Extends to Extra-Territorial Actions

Article 4 of Protocol No. 4 of the ECHR reads in its entirety as follows:  “Collective expulsion of aliens is prohibited.”

The provision was first defined by the European Commission of Human Rights in 1975 in Henning Becker v. Denmark (no. 7011/75, decision of 3 October 1975).  The Commission defined the “‘collective expulsion of aliens’ as being ‘any measure of the competent authority compelling aliens as a group to leave the country, except where such a measure is taken after and on the basis of a reasonable and objective examination of the particular cases of each individual alien of the group’.” [para. 166]

The Court has only once previously found a violation of the collective expulsion prohibition and that was in Čonka v. Belgium (no. 51564/99, ECHR 2002-I). [para. 183]

The majority of collective expulsion cases previously considered by the Commission and the Court have “involved persons who were on the territory at issue.”  [para. 167]  One extra-territorial exception involved the case of Xhavara and Others v. Italy and Albania ((dec), no. 39473/98, 11 January 2001) involving “Albanian nationals who had attempted to enter Italy illegally on board an Albanian vessel and who had been intercepted by an Italian warship approximately 35 nautical miles off the Italian coast. The Italian ship had attempted to prevent the parties concerned from disembarking on national territory, leading to the death of fifty-eight people….”  The Court however “rejected the complaint on the ground of incompatibility ratione personae, as [the applicants challenged an Italian law which] had not been applied to their case, and [the Court therefore] did not rule on the [extra-territorial] applicability of Article 4 of Protocol No. 4…”  [para. 168]

In Hirsi the Court “for the first time” considered the question of whether the prohibition of collective expulsion “applies to a case involving the removal of aliens to a third State carried out outside national territory.”  [para. 169]

Italy argued that the prohibition “came into play only in the event of the expulsion of persons [already] on the territory of a State or who had crossed the national border illegally” and therefore did not apply to the Hirsi applicants who had not entered on to Italian territory. According to Italy, “the measure at issue was a refusal to authorise entry into national territory rather than ‘expulsion’.” [para. 160]

The Court rejected Italy’s interpretation:

“173.  The Court does not share the Government’s opinion on this point. It notes firstly that while the cases thus far examined have concerned individuals who were already, in various forms, on the territory of the country concerned, the wording of Article 4 of Protocol No. 4 does not in itself pose an obstacle to its extra-territorial application. It must be noted that Article 4 of Protocol No. 4 contains no reference to the notion of ‘territory’, whereas the wording of Article 3 of the same Protocol, on the contrary, specifically refers to the territorial scope of the prohibition on the expulsion of nationals. Likewise, Article 1 of Protocol No. 7 explicitly refers to the notion of territory regarding procedural safeguards relating to the expulsion of aliens lawfully resident in the territory of a State. In the Court’s view, that wording cannot be ignored.

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175.  It remains to be seen, however, whether [an extra-territorial] application [of the prohibition] is justified. To reply to that question, account must be taken of the purpose and meaning of the provision at issue, which must themselves be analysed in the light of the principle, firmly rooted in the Court’s case-law, that the Convention is a living instrument which must be interpreted in the light of present-day conditions. [***] Furthermore, it is essential that the Convention is interpreted and applied in a manner which renders the guarantees practical and effective and not theoretical and illusory (see Marckx v. Belgium, 13 June 1979, § 41, Series A no. 31; [***]).

176.  A long time has passed since Protocol No. 4 was drafted. Since that time, migratory flows in Europe have continued to intensify, with increasing use being made of the sea, although the interception of migrants on the high seas and their removal to countries of transit or origin are now a means of migratory control, in so far as they constitute tools for States to combat irregular immigration.

The economic crisis and recent social and political changes have had a particular impact on certain regions of Africa and the Middle East, throwing up new challenges for European States in terms of immigration control.

177.  The Court has already found that, according to the established case-law of the Commission and of the Court, the purpose of Article 4 of Protocol No. 4 is to prevent States being able to remove certain aliens without examining their personal circumstances and, consequently, without enabling them to put forward their arguments against the measure taken by the relevant authority. If, therefore, Article 4 of Protocol No. 4 were to apply only to collective expulsions from the national territory of the States Parties to the Convention, a significant component of contemporary migratory patterns would not fall within the ambit of that provision, notwithstanding the fact that the conduct it is intended to prohibit can occur outside national territory and in particular, as in the instant case, on the high seas. Article 4 would thus be ineffective in practice with regard to such situations, which, however, are on the increase. The consequence of that would be that migrants having taken to the sea, often risking their lives, and not having managed to reach the borders of a State, would not be entitled to an examination of their personal circumstances before being expelled, unlike those travelling by land.

178.  It is therefore clear that, while the notion of ‘jurisdiction’ is principally territorial and is presumed to be exercised on the national territory of States (see paragraph 71 above), the notion of expulsion is also principally territorial, in the sense that expulsions are most often conducted from national territory. Where, however, as in the instant case, the Court has found that a Contracting State has, exceptionally, exercised its jurisdiction outside its national territory, it does not see any obstacle to accepting that the exercise of extraterritorial jurisdiction by that State took the form of collective expulsion. To conclude otherwise, and to afford that last notion a strictly territorial scope, would result in a discrepancy between the scope of application of the Convention as such and that of Article 4 of Protocol No. 4, which would go against the principle that the Convention must be interpreted as a whole. Furthermore, as regards the exercise by a State of its jurisdiction on the high seas, the Court has already stated that the special nature of the maritime environment cannot justify an area outside the law where individuals are covered by no legal system capable of affording them enjoyment of the rights and guarantees protected by the Convention which the States have undertaken to secure to everyone within their jurisdiction (see Medvedyev and Others, cited above, § 81).

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180.  Having regard to the foregoing, the Court considers that the removal of aliens carried out in the context of interceptions on the high seas by the authorities of a State in the exercise of their sovereign authority, the effect of which is to prevent migrants from reaching the borders of the State or even to push them back to another State, constitutes an exercise of jurisdiction within the meaning of Article 1 of the Convention which engages the responsibility of the State in question under Article 4 of Protocol No. 4.

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185.  In the instant case, the Court can only find that the transfer of the applicants to Libya was carried out without any form of examination of each applicant’s individual situation. It has not been disputed that the applicants were not subjected to any identification procedure by the Italian authorities, which restricted themselves to embarking all the intercepted migrants onto military ships and disembarking them on Libyan soil. Moreover, the Court notes that the personnel aboard the military ships were not trained to conduct individual interviews and were not assisted by interpreters or legal advisers.

That is sufficient for the Court to rule out the existence of sufficient guarantees ensuring that the individual circumstances of each of those concerned were actually the subject of a detailed examination.

186.  Having regard to the above, the Court concludes that the removal of the applicants was of a collective nature, in breach of Article 4 of Protocol No. 4. Accordingly, there has been a violation of that Article.”

Click here (EN) and here (FR) for the Grand Chamber’s Judgment.

Click here (EJIL: Talk!), here (ECHR Blog), here (UK Human Rights Blog), and here (Open Society Blog)  for more analysis of the Judgment.

Click here for my previous post “Hirsi v. Italy: The Issue of Jurisdiction Under ECHR Article 1.”

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by | 26 Feb 2012 · 22:49

Hirsi v. Italy: The Issue of Jurisdiction Under ECHR Article 1

The Court found that ECHR Article 1 jurisdiction existed because “the applicants were under the continuous and exclusive de jure and de facto control of the Italian authorities” from the point in time when the applicants’ boats were intercepted and the applicants were transferred to the Italian ships up until the point when the applicants were turned over to Libyan authorities in Tripoli. [para. 81]

The Court noted that the jurisdiction of a State is essentially territorial and therefore “the Court has accepted only in exceptional cases that acts of the Contracting States performed, or producing effects, outside their territories can constitute an exercise of jurisdiction by them within the meaning of Article 1 of the Convention (see Drozd and Janousek v. France and Spain, 26 June 1992, § 91, Series A no. 240; Bankoviç, decision cited above, § 67; and Ilaşcu and Others, cited above, § 314).” [para. 72].

“73.  [***] In each case, the question whether exceptional circumstances exist which require and justify a finding by the Court that the State was exercising jurisdiction extra-territorially must be determined with reference to the particular facts, for example full and exclusive control over a prison or a ship (see Al-Skeini and Others v. the United Kingdom [GC], no. 55721/07, § 132 and 136, 7 July 201; Medvedyev and Others, cited above, § 67).

74.  Whenever the State through its agents operating outside its territory exercises control and authority over an individual, and thus jurisdiction, the State is under an obligation under Article 1 to secure to that individual the rights and freedoms under Section 1 of the Convention that are relevant to the situation of that individual. In this sense, therefore, the Court has now accepted that Convention rights can be ‘divided and tailored’ (see Al-Skeini, cited above, § 136 and 137; compare Banković, cited above, § 75).”

The Court rejected Italy’s jurisdictional arguments.  While Italy acknowledged that the events in question took place on board its military ships, Italy asserted that due to the nature of the operation, the military ships and their personnel never exercised “absolute and exclusive control” over the applicants. [para. 64] Italy argued that its actions constituted a “rescue on the high seas of persons in distress” and therefore “could in no circumstances be described as a maritime police operation.” [para. 65] Italy argued that the UN Convention on the Law of the Sea obligated it to rescue persons in distress and that carrying out its obligations under the Convention on the Law of the Sea  “did not in itself create a link between the State and the persons concerned establishing the State’s jurisdiction.” [para. 65]

The Court concluded that Italy “[could not] circumvent its ‘jurisdiction’ under the [ECHR] by describing the events at issue as rescue operations on the high seas.”   The Court took note of the events in the case of Medvedyev and Others where French military personnel intercepted a vessel flying the flag of a third State and took control of crew members who remained on board the intercepted vessel. [para. 80]

“81.  The Court observes that in the [Hirsi] case the events took place entirely on board ships of the Italian armed forces, the crews of which were composed exclusively of Italian military personnel. In the Court’s opinion, in the period between boarding the ships of the Italian armed forces and being handed over to the Libyan authorities, the applicants were under the continuous and exclusive de jure and de facto control of the Italian authorities. Speculation as to the nature and purpose of the intervention of the Italian ships on the high seas would not lead the Court to any other conclusion.

82.  Accordingly, the events giving rise to the alleged violations fall within Italy’s ‘jurisdiction’ within the meaning of Article 1 of the Convention.”

In some respects, the Article 1 jurisdictional issue was easier to address because the applicants were removed from their vessels and taken on board the Italian military vessels.  The Court noted that under “relevant provisions of the law of the sea, a vessel sailing on the high seas is subject to the exclusive jurisdiction of the State of the flag it is flying” [para. 77] and further that this principle is contained within the Italian Navigation Code. [para. 78]  The Court accordingly found that de jure control had been exercised over the applicants after they were transferred from their boats to the Italian ships.

It seems clear that Italy intends in the future to resume some sort of bi-lateral immigration control measures with Libya.  It remains to be seen whether Italy will try to implement some modified form of the push-back practice that has now been condemned by the Court.  One of the provisions in one of the bi-lateral agreements between Italy and Libya mentioned in the Hirsi judgment provides for the deployment of

“maritime patrols with joint crews, made up of equal numbers of Italian and Libyan personnel having equivalent experience and skills. The patrols shall be conducted in Libyan and international waters under the supervision of Libyan personnel and with participation by Italian crew members, and in Italian and international waters under the supervision of Italian personnel and with participation by the Libyan crew members.”  Additional Protocol of 4 February 2009 [para. 19]

The question arises whether Italy could evade jurisdiction and circumvent its Convention obligations by lessening its control over a new push-back scheme.  How would the Court have viewed the push-back events had they occurred, as the operational protocol above contemplates, “in … international waters under the supervision of Libyan personnel and with participation by Italian crew members”?

Click here (EN) and here (FR) for the Grand Chamber’s judgment.

Click here (EJIL: Talk!), here (ECHR Blog), here (UK Human Rights Blog) and here (Open Society Blog) for more analysis of the Judgment.

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by | 10 Feb 2012 · 05:44

Il Diritto alla Protezione- Study on the state of the asylum system in Italy and proposals for its development

ASGI has issued a comprehensive study on the state of asylum in Italy focusing primarily on the 2008-2010 period.   The 400+ page report is in Italian, but its last Chapter, ”Final Considerations and Proposals for the Future of the Right of Asylum in Italy”, is written in English.

Excerpts from the announcement on the ASGI web site (Google translation):  “The research ‘The Right to Protection’  is a comprehensive study on the state of asylum in Italy, whose realization was made ​​possible by funding from a project of the European Refugee Fund 2008-2013, … produced by ASGI (leader), together with AICCRE (Associazione Italiana per il Consiglio dei Comuni e Regioni d’Europa), Caritas Italiana, Communitas Onlus, Ce.S.Pi. (Centro Studi politiche internazionali).

Research through the development and the intersection of many national and regional level data, as well as through meetings with a large number of witnesses between institutional actors and associations (over 300) has attempted to fill, at least partially, the gap in studies on the issue of asylum seekers in our country…

The multidisciplinary composition of the research team has made ​​it possible to combine the legal analysis of EU and national legislation, practices and application of the prevailing case law, by giving itself the objective sociological analysis to identify major problem areas is the examination procedure of asylum applications that the system of reception of asylum seekers and beneficiaries of international protection and humanitarian assistance, photographing the actual ‘health’” of the asylum system as a whole.

The research took as a reference span the period between 2008 (taking the news as a watershed in terms of reception introduced by Legislative Decree 25/08 and Legislative Decree 159/08) and the end of 2010, so you can draw an overall picture of the Italian asylum system in the crucial years of its evolution.

On the other hand, the tumultuous events that marked the political and social life of the Maghreb in 2011 have produced these effects in our country to make some essential supplement to the initial plan of research: therefore were then taken into consideration also the changes introduced in first half of 2011…

Each chapter of the report concludes with a section devoted to the display of detailed legislative proposals for overcoming the problems encountered in the more or less serious topic on which the chapter.

The reform proposals are divided into interventions that can be made ​​to existing legislation, practice and correcting erroneous applications and proposals for amending the primary rule or regulation.

Of particular significance is the chapter 13, of which the following chapter 14 is translated into English, which describes the main proposals contained in the various chapters, especially in light of proposals concerning the recasting of European directives and procedures as well as the Dublin Regulation II and offers a course of reform of the asylum in Italy, and the hospitality trade in particular, divided into ‘short-term actions’ and ‘medium-term actions.’”

Click here for Report. (IT) (Except for final Chapter 14 which is EN)

Click here for link to ASGI statement regarding Report. (IT)

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by | 02 Feb 2012 · 06:57

Drones for Human Rights

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

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

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

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

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

Click here for link to NY Times op-ed.

Click here for link to Justice in Conflict blog post.

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

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

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by | 24 Jan 2012 · 04:54

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

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

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

Click here for Analysis.

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by | 23 Jan 2012 · 06:24

Frontex Quarterly Report for 2011 Q3

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

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

Here are extensive excerpts from the Q3 Report:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[***]”

Click here for Frontex Press Statement.

Click here for Q3 Report.

Click here for previous post on Q1 and Q2 Reports.

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by | 08 Jan 2012 · 23:18

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

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

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

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

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

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

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

Click here for Analysis.

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by | 20 Dec 2011 · 04:43

UNODC Issue Paper: Smuggling of Migrants by Sea

UNODC yesterday released an Issue Paper entitled “Smuggling of Migrants by Sea.” The paper, drafted by Ms Marika McAdam under the supervision of Ms Morgane Nicot (UNODC), is based largely on “answers received to questionnaires and discussions that took place in the context of an expert group meeting held in Vienna, Austria on the 13th to the 15th of September 2011.”

Excerpts from UNODC statement: “While the smuggling of migrants by sea accounts for only a small proportion of the total number of migrants smuggled worldwide, it accounts for the highest number of deaths among smuggled migrants. … The paper covers the international legal framework relating to the smuggling of migrants by sea, current responses to and challenges posed by such smuggling and recommendations to strengthen responses. … It is hoped that the practical experiences of responding to the smuggling of migrants by sea, addressed by the issue paper from the perspectives of countries of origin, countries of transit and countries of destination, will help other Member States in formulating their responses to suit their local contexts.”

Executive Summary: “Smuggling of migrants is defined by Article 3 of the Migrant Smuggling Protocol supplementing the United Nations Transnational Organized Crime Convention (UNTOC), as ‘…the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a state party of which the person is not a national.’ The specific nature of the sea-based component of the smuggling journey resulted in a dedicated section on the issue in the Migrant Smuggling Protocol. While smuggling by sea accounts only for a small portion of overall migrant smuggling around the world, the particular dangers of irregular travel at sea make it a priority for response; though more migrant smuggling occurs by air, more deaths occur by sea.

The journey of the migrant smuggled by sea often starts a significant distance away from the coast of departure. Some journeys to the coast may take mere days, but others can take place over years during which the migrant must work en route to raise money for his passage. Arduous desert crossings and victimization by smugglers and other criminals en route mean that some do not survive overland journeys to the coast. Contrasted with these extreme experiences, economically empowered migrants can afford a higher level of smuggling service and may experience no particular hardship, simply travelling through various international airport hubs toward the coastal country from where their sea journey commences.

The type and size of vessel used to smuggle migrants by sea depends on the time, place and financial capacity of migrants undertaking the smuggling journey. In some countries, boats of only a handful of passengers are commonly intercepted by authorities, while in others vessels of several hundred people have been used. While voyages may be comfortable when conditions at sea are mild and the vessel is equipped with adequate food, water and sanitation, the journey is a harrowing one for the majority of migrants who report rough conditions, terrible cold and scarce food and water.

The nature of the crime and its relationship with smuggling of migrants by land and by air means that it is a successful crime type that yields high profits for smugglers with all the risks being borne by migrants. Indeed, migrant smuggling by sea can be understood as a criminal business, which is competitively run as such. Smuggling by sea is generally carried out by flexible criminal groups or individuals operating on the basis of repeated contractual arrangements, rather than by hierarchical organizations.

There are two methods used when vessels approach coasts of destination. One aims to reach land by evading detection by authorities, the other sets out to be detected and intercepted or rescued by authorities in territorial waters of destination coastal countries. In both situations, detecting smuggling vessels at sea is a key challenge for coastal states which may have limited resources and large search and rescue areas of responsibility.

Upon detecting vessels, the key challenge is to balance objectives with obligations at international law, including the Migrant Smuggling Protocol. Smugglers are generally well‐informed about states’ protection obligations and act to exploit them, instructing migrants what to do upon interception to increase their chances of gaining entry into and remaining in countries of destination. For instance, officials responsible for intercepting vessels at sea have been faced with situations of people sabotaging their own vessels to force authorities to carry out rescues. Suggestions made in respect of encountering migrant smuggling at sea include increased support of coastal states through joint patrols and provision of resources, and increased compliance with international legal standards and obligations in carrying out interceptions of smuggling vessels at sea.

While responding to the situation at hand and ensuring that persons on board are appropriately assisted, a key challenge is to seize evidentiary opportunities to investigate smuggling‐related crimes. The complex nature of migrant smuggling networks and their modus operandi means that smugglers cannot be identified purely by looking to smugglers who may be on board boats; the transnational criminal network itself must be traced from a smuggling vessel, back to the coast of embarkation, and from there back to countries of transit and origin. Suggestions made for improved investigation and prosecution of migrant smuggling by sea include harmonizing domestic legislation with the UNTOC and the Migrant Smuggling Protocol. Further it is suggested that sentences imposed for smuggling offences be publicized as a means of deterring would-be smugglers. Capacity building measures are also suggested so as to increase identification of smugglers on vessels, and to better link sea-based crimes with land-based smugglers.

Preventing migrant smuggling by sea requires states to balance their obligations in international law with their legitimate interests in protecting state sovereignty from violation by organized crime groups. But law enforcement efforts alone are not adequate to prevent migrant smuggling by sea; the Migrant Smuggling Protocol stresses that prevention efforts must address root causes that lead a person into the hands of smugglers in the first place. Suggestions made for preventing migrant smuggling at sea include raising awareness about the dangers of sea smuggling journeys and the criminality of smuggling. Suggestions are also made to raise awareness of those who influence political and policy decisions, so policies put in place protect state sovereignty, uphold international obligations, and are not vulnerable to exploitation by smugglers. Also emphasised is the responsibility of coastal states of departure to intercept smuggling vessels before they embark on sea journeys. Beyond this, comprehensive data collection, analysis and research are suggested to strengthen evidence-based responses.

Experts from countries of origin, transit and destination unanimously agree that the most essential ingredient for effective and comprehensive response to migrant smuggling by sea is strengthened international cooperation to remove areas of impunity for smugglers along smuggling routes. Suggestions made for cooperating in response to migrant smuggling at sea include aligning activities with the Migrant Smuggling Protocol and increasing the role of UNODC in facilitating cooperative response. The value of bilateral and regional cooperation arrangements is stressed, with emphasis on flexible cooperative networks for effective and efficient on-the-ground response. Regular coordination meetings and joint operations are suggested to improve strategic and operational interagency coordination, as is the empowerment of central designated authorities to address migrant smuggling by sea.

In short, while it is difficult to make generalizations about migrant smuggling by sea, two key points hold true around the world. Firstly, migrant smuggling by sea is the most dangerous type of smuggling for the migrants concerned, making it a priority concern for State response. Secondly, efforts to combat smuggling of migrants will be unsuccessful unless cooperation is strengthened not only between countries of sea departure and arrival, but also among the countries of origin, transit and destination along the entire smuggling route.”

Click here for Issue Paper.

Click here for UNODC statement.

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by | 19 Dec 2011 · 05:40

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

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

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

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

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

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

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

Click here for TTI Key Findings statement.

Click here for TTI Report.

Click here for TTI Topline Data.

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by | 15 Dec 2011 · 05:55

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Click here for Report.

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by | 08 Dec 2011 · 05:58

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

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

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

Click here for link.  (Subscription or payment required.)

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by | 06 Dec 2011 · 05:21

CARIM Note: Impact of Arab Revolts on Migration

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

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

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

Click here for Note.

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by | 15 Nov 2011 · 06:39

Foster and Pobjoy, Int J Refugee Law, “A Failed Case of Legal Exceptionalism? Refugee Status Determination in Australia’s ‘Excised’ Territory”

The latest edition of the International Journal of Refugee Law contains an article by Michelle Foster (Associate Professor and Director, Research Programme in International Refugee Law, Institute for International Law and the Humanities, Melbourne Law School) and Jason Pobjoy (PhD candidate in Law, Gonville and Caius College, University of Cambridge; Hauser Visiting Doctoral Researcher, New York University School of Law) entitled “A Failed Case of Legal Exceptionalism? Refugee Status Determination in Australia’s ‘Excised’ Territory.”

Abstract: “One of the hallmarks of contemporary state practice in the field of refugee law is the attempt by many states to exclude potential refugees from the international rule of law by implementing creative policies and practices designed to create ‘zones of exception’. This article analyses one of the most blatant attempts at creating a zone of exception in recent times, namely, the creation of more than 4,891 excised places in Australia in which the ordinary safeguards enshrined in the onshore domestic system of refugee protection were intended to be excluded. The article traces the history of the purported excision, outlines the key features of the so-called ‘non-statutory’ process that has subsequently been instituted on Christmas Island as an alternative to the onshore domestic system of refugee status determination, assesses its compatibility with international law, and describes and analyses a recent landmark decision of the High Court of Australia that unanimously and categorically rejected the notion that such a scheme could validly operate outside the (domestic) rule of law. It concludes by considering the domestic and international law ramifications of this decision for Australia’s current proposals for a new regional solution to its perceived refugee problem and, in particular, its recent ‘refugee swap’ arrangement with Malaysia.”

Click here for link.  (subscription or payment required.)

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by | 14 Nov 2011 · 06:12

Chatham House Briefing Paper: Responding to Migration from Complex Humanitarian Emergencies: Lessons Learned from Libya

A new Chatham House Briefing Paper by Dr Khalid Koser entitled “Responding to Migration from Complex Humanitarian Emergencies: Lessons Learned from Libya” has been released.

Summary:

  • At its peak during the Libyan conflict, migration to Tunisia and Egypt was massive, even in the context of a region where large-scale migration has become the norm.
  • In the case of Libya, at least five categories of migration can be distinguished: evacuating migrant workers, Libyan nationals moving into Egypt and Tunisia, ‘boat people’ arriving in the EU, internally displaced persons (IDPs), and asylum-seekers and refugees.
  • The international policy response in Libya was hampered by restricted access. IDPs therefore received limited assistance and protection, and migrant workers, especially from sub-Saharan Africa, experienced harassment and abuse.
  • The policy response in neighbouring states, especially Egypt and Tunisia, was far more robust.
  • The political response in the EU to the relatively small proportion of migrants who reached Europe is considered by many commentators to have been disproportionate.
  • The crisis has highlighted a gap in the international regime for protecting IDPs, and in particular migrant workers. It has also called into question the relevance to modern humanitarian crises of a dated refugee definition. More positively, the response has demonstrated how international agencies can cooperate, and there has been unprecedented cooperation between IOM and UNHCR to respond to ‘mixed flows’ from Libya.
  • Responsibility for managing migration now falls to the new government in Libya.

Click here for paper.

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by | 06 Oct 2011 · 15:39

DIIS Policy Brief: Europe Fighting Irregular Migration – Consequences of European non-entry policies for West African Mobility

A new Policy Brief from DIIS by Nauja Kleist, “Europe Fighting Irregular Migration – Consequences of European non-entry policies for West African Mobility.”

Abstract: “In collaboration with African countries, the EU is fighting irregular migration to Europe through border control and deportations. However, rather than halting irregular migration, such policies reconfigure mobility flows and make migration routes more dangerous and difficult. The phenomenon of migrants and asylum-seekers crossing the Mediterranean in boats to reach Europe is just one example of this phenomenon.

In this DIIS Policy Brief, Nauja Kleist explores the consequences of EU migration policies and the fight against irregular migration, focusing on West African migration. The overall policy tendency is a differentiation of African migration flows, making mobility easier for educated and privileged groups and more difficult and dangerous for the large majority of migrants. Likewise there is a tendency to conflate migration within Africa – by far the largest and most important aspect of West African migration – with migration towards Europe.

Examining some of the main routes and migration systems between West and North Africa, the brief recommends to ensure evidence-based and context-sensitive migration polices, to carefully consider the human and politics costs of externalizing border control, and to ensure further access to legal and safe migration.”

Click here for full document.

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