Category Archives: Reports

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

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

No Discussion of Refugee Protection Plan

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

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

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

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

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

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

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

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

No Reports of Human Trafficking

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

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

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

Here are some selected excerpts from the report:

Smugglers’ Business Model –

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

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

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

Legal Basis for Phase 2A – High Seas –

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

Cooperation with International Organisations –

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

Campaign Assessment –

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

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

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

Next Steps and Key Challenges-

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

The Legal Finish.

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

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

Legal mandate – UNSCR and Libyan Invitation.

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

Capacity and Capability Building –

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

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

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UNHCR Launches Web Data Portal on Mediterranean Refugee/Migrant Situation

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

 

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Amnesty International Report: ‘Libya is Full of Cruelty’ – Stories of Abduction, Sexual Violence and Abuse from Migrants and Refugees

Amnesty International has released a new report entitled: “’Libya is Full of Cruelty’ – Stories of Abduction, Sexual Violence and Abuse from Migrants and Refugees.” (also available here.)  2015-05-11_Amnesty Intl_Report_Libya_Libya_is_full_of_cruelty COVER

Key points include (see formal AI recommendations below):

  • “Widespread abuses by armed groups, smugglers, traffickers and organized criminal groups in Libya as well as systematic exploitation, lawlessness and armed conflicts are pushing hundreds of thousands of migrants, asylum-seekers and refugees to risk their lives by attempting to cross the Mediterranean Sea”;
  • “In many cases, migrants and refugees attempting to cross the Mediterranean Sea have been subjected to prolonged beatings in [detention] facilities following their interception and arrest by the Libyan coastguard or militias acting on their own initiative in the absence of strong state institutions”;
  • “While Amnesty International welcomes the EU’s commitment to increase resources for search and rescue operations, it is also concerned that some of the proposed measures, in particular plans to ‘systematically identify, capture and destroy vessels before they are used by traffickers’ would effectively contribute to migrants and refugees being trapped in Libya and expose them to a risk of serious human rights abuses”;
  • “As more people are drowning in the Mediterranean Sea, the priority for the international community must be to dramatically expand search and rescue operations and take effective steps to urgently address human rights abuses and serious violations of international humanitarian law in Libya. EU governments must also increase the number of resettlement places, humanitarian admissions and visas for people in need of international protection”.

Amnesty International makes the following recommendations:

To European governments

  • Urgently ensure the deployment of naval and aerial resources at a scale commensurate with foreseeable departure trends and which should patrol the high seas along the main migration routes. Whether such deployment occurs within the framework of Frontex Joint Operation Triton or through other agreements, it is crucial that ships and aircraft are delivered promptly and deployed in the area where most of calls for assistance come from and a great number of shipwrecks occurs;
  • To reduce the numbers of those risking their lives at sea, increase the number of resettlement places, humanitarian admissions and visas for people in need of international protection and ensure that refugees have effective access to asylum at land borders;
  • Ensure that any action against smugglers and traffickers is addressed through law enforcement measures, governed by human rights law and standards, and that it does not contribute to migrants and refugees being trapped in Libya without any means of escaping the violence;
  • Ensure that human rights abuses and violations of international humanitarian law, including against migrants, asylum-seekers and refugees in Libya, are addressed as part of the political dialogue aimed at ending the ongoing conflicts, and that a mechanism is put in place to monitor the human rights situation on the ground following any subsequent settlement. EU governments must also insist that Libyan authorities, armed groups and militias end the systematic indefinite detention of migrants and refugees based on their immigration status; all refugees and asylum-seekers and migrants detained for immigration purposes must be released.;
  • Investigate and bring to justice in fair trials those involved in trafficking of persons.

To the governments of Tunisia, Egypt and Algeria:

  • Keep the borders open to all individuals in need of international protection regardless of whether they have valid travel documents or meet visa requirements.

To governments along the smuggling route:

  • Ensure that any regional co-operation aimed at addressing irregular migration and dismantle smuggling networks fully complies with international law and standards, and does not infringe upon the rights and safety of asylum-seekers and refugees, with particular regard to the right to freedom of movement, the right to asylum, and the absolute prohibition on refoulement.

To militias, armed groups and Libyan authorities:

  • Release anyone detained solely on the basis of their immigration status, nationality, race, religion or ethnicity;
  • Make clear to all those under your command that torture or other ill-treatment, rape and sexual assault will not be tolerated under any circumstances. Remove from the ranks anyone suspected of such abuses;
  • Facilitate visits by independent organizations to immigration detention centres and other places of detention;
  • Ensure that all those deprived of their liberty can communicate regularly with their families and have access to adequate medical care.”

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

Frontex released its Annual Risk Analysis 2015 (also here) on 28 April. Over the next few days I will post some key points and excerpts from portions of the 70 page report which are most relevant to migration by sea. See Executive Summary and Statistical Annex. 2015-04-28_Frontex_Annual_Risk_Analysis_2015-COVER

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

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

Excerpts:

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

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

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

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

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

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

Central Mediterranean route

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

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

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

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

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

Eastern Mediterranean route

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

Sea border

Aegean Sea

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

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

Increasing use of cargo ships

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

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

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

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

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

Western Mediterranean route

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

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

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

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

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

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

Black Sea route

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

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

 

Figure 3

 

Figure 4

 

Figure 5

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The Detention of Asylum Seekers in the Mediterranean Region – A Global Detention Project Background Paper

The Global Detention Project just released a Background Paper, “The Detention of Asylum Seekers in the Mediterranean Region,” which “is intended to highlight some of the vulnerabilities that people seeking international protection face when they are taken into custody in Mediterranean countries and to underscore the way that European Union-driven policies have impacted the migratory phenomenon in the region.”  GDP Cover-Backgrounder Det of Asy Seekers in Med_April 2015

Summary: “With the recent tragic surge in the number of deaths at sea of asylum seekers and other migrants attempting to reach Europe, enormous public attention is being focused on the treatment of these people across the Mediterranean. An important migration policy employed throughout the region is detention, including widespread deprivation of liberty of asylum seekers and other vulnerable groups. …

The report focuses on eight key countries in Europe and North Africa. While there are clear differences in treatment from one side of the Mediterranean to the next, looked at collectively, the protection environment across all the countries in the region is bleak. Not surprisingly, the conditions of detention asylum seekers face in North African countries are often horrific and inhumane. However, in Europe, there are also serious shortcomings. In fact, as this backgrounder reports, reception and detention conditions in three of Europe’s main asylum receiving countries (Greece, Italy, and Malta) are so inadequate that many of their EU counterparts have been forced to halt returns to these countries under the Dublin III Regulation.”

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Frontex Releases Annual Risk Analysis 2015 Report

Frontex Press Statement regarding Annual Risk Analysis 2015 (also here):

“2015-04-28
Last year, the European Union detected the biggest number of illegal border crossings since Frontex data-collection started eight years ago. The record number of 280 000 detections was mainly fuelled by the ongoing fighting in Syria, which has caused the worst refugee crisis since the Second World War. Syrians fleeing their country were the largest group of irregular migrants seeking to enter the EU.

Most of the detections were reported as part of search and rescue operations in the Central Mediterranean area. Although border control authorities continued to save the lives of thousands of people, smugglers increasingly used unsafe boats, putting migrants in greater danger.

The unprecedented number of migrants also encouraged facilitators to use cargo ships to smuggle them at a large scale. Starting in September, such vessels took migrants directly from the Turkish coast near Mersin to Italy. This is a multi-million-euro business for organised crime groups, which is likely to be replicated in other departure countries.

Another trend explained by the Frontex risk analysis experts has been the increasing number of deliberate attempts to involve merchant ships in rescuing migrants. This has prompted the International Maritime Organization (IMO) to voice the concerns of the shipping industry over its involvement in rescuing migrants.

The profile of detected irregular migrants remained relatively unchanged compared to 2013. They are mostly adult males, although the proportion of women (11%) and children (15%) reflects the fact that many migrants intend to claim asylum.

More than 60% (170 000) of all illegal border crossings were detected in the Central Mediterranean. On the second most frequented route in the Eastern Mediterranean covering borders of Greece, Bulgaria and Cyprus, there were more than 50 000 detections. Near the end of 2014, detections increased sharply at the Hungarian land border with Serbia, making the Western Balkan route the third most important irregular migration route with more than 43 000 detections.

Detections of migrants hidden in vehicles seeking to enter the EU via regular border crossings surged to over 3 000, five times the number from the previous year. This jump was due to a tenfold increase in detections reported from the Bulgarian border crossings along the land border with Turkey.

In 2014, there were some 9 400 incidents of document fraud on entry to the EU/ Schengen area from third countries, which represented a slight decrease compared to the previous year. By contrast, cases reported on intra-EU Schengen movements showed a 27 percent increase to almost 10 000. This marked the first year where there were more fraudulent documents detected on intra-EU/Schengen movements than during border checks of passengers arriving from third countries. This was partly due to the large number of migrants undertaking secondary movements within the EU, often with fraudulent documents obtained in the country of their entry into the EU.”

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

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

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

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

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

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

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

Click here for report.

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Frontex FRAN Report for Q1 2013

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

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

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

  • There were fewer detections of illegal border-crossing than ever before, with just 9 717 detections. The drop was limited mostly to sea borders.The JO Poseidon Land 2012 was active during Q1 2013.
    Screen Shot 2013-10-12 at 12.31.12 PM
    Here are excerpts from the Report focusing on the sea borders:
    [***]
    4.2 Routes
    • In the Eastern Mediterranean, detections tend to be characterised by Asian and some North African migrants illegally crossing the border from Turkey into Greece. In the second half of 2012 detections were much reduced following increased operational activity at the Greek land border with Turkey, where most detections were previously reported (see Section 4.1.1.).
    • On the main Central Mediterranean route, which includes the Italian Pelagic Islands (Linosa, Lampione and Lampedusa) and Malta, most detections tend to be of migrants arriving on boats from North Africa. During the previous quarter there were fewer detections of North African nationalities such as Tunisians and Egyptians but there was a surge of migrants from sub-Saharan countries such as Eritrea, the Gambia and Mali, all of which were detected in much higher numbers during the last there months of 2012 compared with Q3 2012. In the current reporting period, the number of detected Somalis decreased, resulting in the top three nationalities – Somalis, Gambians and Egyptians– being detected at similarly low levels of around 200–250 each over the three-month period (Fig. 5).Screen Shot 2013-10-12 at 1.57.51 PM

    [***]

    4.2.1 Eastern Mediterranean Route
    • In Q1 2013 there were 2 734 detections of il- legal border-crossing on the Eastern Mediterranean route, which was a decrease of 66% compared to the same period in 2012 but nevertheless still constituting nearly 30% of all detections at the EU level. In effect, this route remained the major entry point to the Schengen area.

      With nearly 1 000 detections in Q1 2013, Syrians were by far the most detected nationality on this route. More than half of these detections were in the Eastern Aegean Sea region, with significant numbers also at the Bulgarian land border with Turkey.

      [***]

      1. East Aegean Sea

        This border section ranked second at the EU level in Q1 2013. The most frequently detected migrants were Syrians and Afghans, followed Sri Lankans, whose number has recently increased.

        The JO Poseidon Sea 2012 was operational throughout the reporting period, focusing on tackling the flow of irregular migrants penetrating the external EU sea borders in the Eastern Mediterranean mainly from Turkey and, to a lesser extent, from Egypt.

        Syrians have been the most commonly detected migrants during the operation so far in 2013. Most were men travelling alone but here were some family units, and all were heading for Sweden or Germany to claim asylum. Once they entered Turkey, those intending to enter the EU travelled to Istanbul in order to make contact with facilitation networks. They stayed in Istanbul for between 1–12 weeks before being taken by van to the west coast of Turkey to depart towards the Greek eastern Aegean Islands.

        Afghans were also detected in this region. Most were previously resident in Iran and had decided to travel to the EU due to deteriorating employment conditions. The Afghan community in Iran can easily find criminal networks that can facilitate them to Turkey and then to Greece. Once in Turkey, the Afghan migrants were transported by public transport to Istanbul and from there mainly by private transportation directly to departure area on the western coast of Turkey, where they boarded rubber boats destined for the Greek eastern Aegean Islands.

    [***]
    4.2.2 Central Mediterranean Route
    • Since early 2011 migrants from Tunisia have been among the most commonly detected migrants arriving in the Central Mediterranean region but during the first three months of 2013 only 75 Tunisians were detected. In fact nearly all of the top 10 nationalities in Q1 2013 were detected in much lower numbers than during the final quarter of 2012.

      Migrants from Somalia ranked top in the region but were detected at their lowest level for over a year.

      [***]

      A total of 233 migrants from the Gambia were detected in the Central Mediterranean during Q1 2013 which is the highest ever level for this nationality resulting in them ranking second in this region, followed by 216 Egyptians.

      The JO Hermes 2012 was operational just for the first month of the reporting period. The operation was established to support the Italian authorities in tackling maritime illegal migration on the coasts of Sicily, Pantelleria and the Pelagic Islands (Lampedusa, Linosa, Lampione).

      In January 2013, there was only one incident reported under JO Hermes whereby a total of 35 irregular migrants were detected, 32 of which were Syrian and three were Egyptian. [***] The disembarkation point was near Syracuse but this time the interception took place inland, implying that the facilitators (and probably some migrants) evaded detection.

      The absence of boats from Tunisia and Libya may be due to the bad weather conditions throughout the Mediterranean area.

      Although FRAN data suggest that detections of migrants from Syria were low in this region during the first three months of 2013 (85), there were some reports of boats arriving directly from Syria.

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

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

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

      ————

      Click here for a copy of the report.

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

Frontex FRAN Report for Q3 2012

In January of this year, the Frontex Risk Analysis Unit (RAU) released its 2012 Third Quarter Report (July – September 2012). (Frontex has since released Reports for Q4 2012 and Q1 2013; we will post summaries of these more recent Reports shortly.)  As in past quarters, the 70-page report provided in-depth information about irregular migration patterns at the EU external borders. The report is based on data provided by 30 Member State border-control authorities, and presents results of statistical analysis of quarterly variations in eight irregular migration indicators and one asylum  indicator.

FRAN Q3 2012 CoverDuring 2012 Q3 several FRAN indicators varied dramatically compared with previous reports, including a significant reduction in detections of illegal border-crossing compared with previous third quarters. In fact, there were fewer detections of illegal border-crossing than in any third quarter since data collection began in early 2008. Additionally, this quarter reported the largest number of applications for asylum since data collection began in early 2008, with Syrians ranking first among nationalities.

Here are some highlights from the Report focusing on the sea borders:

  • “There were 22,093 detections of illegal border-crossing at the EU level, which is considerably lower than expected based on previous reporting periods.”
  • “The majority of detections were at the EU external land (66%), rather than sea border, but this was the lowest proportion for some time due to an increase in detections at the Greek sea border with Turkey [***]. Nevertheless, the Greek land border with Turkey was still by far the undisputed hotspot for detections of illegal border-crossing.”
  • “Overall, in Q3 2012 there were fewer detections of illegal border-crossing than in any previous third quarter, following the launch of two Greek Operations: Aspida (Shield) …  and Xenios Zeus…. Perhaps somewhat predictably, there were increased detections of illegal border-crossing at both the Turkish sea border with Greece and land border with Bulgaria, indicative of weak displacement effects from the operational area.”
  • “[T]here were more than 3 500 reported detections of illegal border-crossing on the main Central Mediterranean route (Italian Pelagic Islands, Sicily and Malta), a significant decrease compared to the same reporting period in 2011 during the peak associated with the Arab Spring, but still the highest reported so far in 2012, and higher than the pre-Arab Spring peak of 2010.”
  • “[D]etections in Italy still constituted more than a fifth of all detections at the EU level. Detections in Apulia and Sicily were actually higher than in the Arab Spring period, and doubled in Lampedusa compared to the previous quarter.”
  • “In July 2012 the facilitation networks targeted Sicily instead of Pantelleria and Lampedusa, as it is harder for the migrants to reach the Italian mainland from the small islands. Migrants claim that the facilitators may start to focus on the southern coast of Sicily, as they expect lower surveillance there.”
  • “[T]here were some significant increases of various nationalities such as Tunisians and Egyptians departing from their own countries, and Somalis and Eritreans departing from Libya.”
  • “Several reports included details of how sub-Saharan migrants were often deceived, over-charged or even left to drown by their facilitators during the embarkation process.”
  • “For some time there has been a steady flow of Afghans and, to a lesser extent, Pakistanis arriving in the southern Italian blue borders of Calabria and Apulia with some very large increases observed during Q3 2012. In fact, according to the FRAN data there were more detections in this region than ever before.”
  • “JO EPN Aeneas 2012 started on 2 July. The operational plan defines two operational areas, Apulia and Calabria, covering the seashore along the Ionian Sea and part of the Adriatic Sea.”
  • “JO EPN Indalo 2012 started in [the Western Mediterranean] on 16 May covering five zones of the south-eastern Spanish sea border and extending into the Western Mediterranean.”
  • “Increased border surveillance along the Mauritanian coast generated by the deployment of joint Mauritanian-Spanish police teams and also joint maritime and aerial patrols in Mauritanian national waters has reduced departures towards the Canary Islands but also may have resulted in a displacement effect to the Western Mediterranean route from the Moroccan coast.”
  • “The good cooperation among the Spanish, Senegalese and Mauritanian authorities and the joint patrols in the operational sea areas and on the coastline of Senegal and Mauritania have resulted in a displacement of the departure areas of migrant boats towards the Canary Islands, with the reactivation of the Western African route (from north of Mauritania to the Western Sahara territory) used by the criminal networks operating in Mauritania.”

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

“Overall, in Q3 2012 there were fewer detections of illegal border-crossing than in any previous third quarter, following the launch of two Greek Operations: Aspida (Shield), which involved the deployment of ~1 800 Greek police officers to the Greek land border with Turkey, and Xenios Zeus, which focused on the inland apprehension of illegally staying persons. The much-increased surveillance and patrolling activities at the Greek-Turkish land border, combined with the lengthening of the detention period to up to 6 months, resulted in a drastic drop in the number of detections of irregular migrants from ~2 000 during the first week of August to below ten per week in each of the last few weeks of October. Perhaps somewhat predictably, there were increased detections of illegal border-crossing at both the Turkish sea border with Greece and land border with Bulgaria, indicative of weak displacement effects from the operational area….

Despite the clear impact of the Greek operational activities on the number of detections of illegal border-crossing, there is little evidence to suggest that the absolute flow of irregular migrants arriving in the region has decreased in any way. In fact, document fraud on flights from Istanbul increased once the Greek operations commenced. Hence, there remains a very significant risk of a sudden influx of migrants immediately subsequent to the end of the operations.”

[***]

4.1 Detections of Illegal border-crossing

“Overall, in Q3 2012 there were 22 093 detections of illegal border-crossing at the EU level, which is considerably lower than expected based on detections during previous quarters. In fact, there were fewer detections of illegal border-crossing than in any third quarter since data collection began in early 2008. The particularly low number of detections was due to vastly increased operational activity at the Greek land border with Turkey since 30 July 2012, and also to the overlapping effects of the end of the Arab Spring in its initial countries (Egypt, Libya, Tunisia) and far fewer detections of circular Albanian migrants illegally crossing the border into Greece.

The majority of detections were at the EU external land (66%), rather than sea border, but this was the lowest proportion for some time due to an increase in detections at the Greek sea border with Turkey – probably the result of a weak displacement effect from the land border. Nevertheless, the Greek land border with Turkey was still by far the undisputed hotspot for detections of illegal border-crossing.”

[***]

2012 Q3 Illegal Border Crossings“Figure 4 shows the evolution of the FRAN Indicator 1A – detections of illegal border- crossing, and the proportion of detections between the land and sea borders of the EU per quarter since the beginning of 2008. The third quarter of each year is usually influenced by weather conditions favourable for both approaching and illegally crossing the external border of the EU. Moreover, good conditions for illegal border-crossing also make it easier to detect such attempts. The combination of these two effects means that the third quarter of each year is usually the one with very high, and often the highest number of detections.”

[***]

4.2 Routes

“… As illustrated in Figure 8, in the third quarter of 2012 the most detections of illegal border-crossings were reported on the Eastern and Central Mediterranean routes, which is consistent with the overall trend for most third quarters in the past. However, on the Eastern Mediterranean route the summer peak of detections, which has been remarkably consistent over recent years, was much lower than expected following increased operational activity in the area resulting in far fewer detections during the final month of the quarter.

In the Central Mediterranean, increased detections of several nationalities illegally crossing the blue border to Lampedusa and Malta, as well as increased landings in Apulia and Calabria from Greece and Turkey, combined to produce the highest number of detections both before and after the prominent peak reported during the Arab Spring in 2011.

In Q3 2012, there were 11 072 detections of illegal border-crossing on the Eastern Mediterranean route, a 75% reduction compared to the same period in 2011, and most other third quarters (Fig. 8). Nevertheless this route was still the undisputed hotspot for illegal entries to the EU during the current reporting period, mostly because of vastly increased detections of Syrian nationals.”

Screen Shot 2013-06-17 at 1.45.32 PM[***]

4.2.1 Eastern Mediterranean Route

“…Italian Ionian coast: For some time there has been a steady flow of Afghans and, to a lesser extent, Pakistanis arriving in the southern Italian blue borders of Calabria and Apulia with some very large increases observed during
Q3 2012. In fact, according to the FRAN data there were more detections in this region than ever before. The most commonly detected migrants were from Afghanistan, which is a significant but steady trend. In contrast detections of migrants from Pakistan, Bangladesh and Syria have increased very sharply since the beginning of 2012.

JO EPN Aeneas 2012 started on 2 July. The operational plan defines two operational areas, Apulia and Calabria, covering the seashore along the Ionian Sea and part of the Adriatic Sea. As mentioned in previous FRAN Quarterlies,
the detections at the Greek-Turkish land border are directly correlated with detections in the Ionian Sea. In 2011, it was estimated that more than 15% of migrants reported at the Greek-Turkish land border were afterwards detected in Apulia and Calabria.”

[***]

4.2.2 Central Mediterranean Route

“… According to FRAN data, in Q3 2012 there were just 3 427 reported detections of illegal border-crossing on the main Central Mediterranean route (Italian Pelagic Islands, Sicily and Malta), a significant decrease compared to the same reporting period in 2011. However, this figure was still the highest reported so far in 2012, and was higher than the peak in 2010. Additionally, there were some significant increases in various nationalities.

On the Central Mediterranean route, detections of migrants from Tunisia continued to in crease from 82 during the last quarter of 2011 to over 1 000 in Q3 2012. Tunisians were not the only North African nationality to feature in the top five most detected nationalities in the Central Mediterranean region, as Egyptians were also detected in significant and increasing numbers (287). The fact that fewer Egyptians than Tunisians were detected in the Central Mediterranean should be interpreted in light of Egypt being eight times more populous than Tunisia, which shows that irregular migration pressure from Egypt is proportionally much lower than that from Tunisia.

Also significant in the Central Mediterranean during the third quarter of 2012 were detections of Somalis (854) and, following recent increases, also Eritreans (411). Somalis have been detected in similarly high numbers during previous reporting periods (for example over 1 000 in Q2 2012) but there were more Eritreans detected in Q3 2012 than ever before.

Some Syrian nationals were also detected using the direct sea route from Turkey to Italy but these tended to arrive in Calabria…..”

[***]

4.2.3 Western Mediterranean Route

“In 2011, irregular migration in the Western Mediterranean region increased steadily from just 890 detections in Q1 2011 to 3 568 detections in the third quarter of the year. A year later in Q3 2012, detections dropped to just over 2 000 detections, which was, nevertheless, the highest level so far in 2012.

As has been the case for several years, most of the detections involved Algerians (859) followed by migrants of unknown nationality (524, presumed to be sub-Saharan Africans). Algerians were mostly detected in Almeria
and at the land border with Morocco, the migrants of unknown nationality were mostly reported from the land borders.

JO EPN Indalo 2012 started in this region on 16 May covering five zones of the south-eastern
Spanish sea border and extending into the Western Mediterranean.

In Q3 2012, there were far fewer Moroccan nationals detected (79) compared to Q3 2011. Most were detected just east of the Gibraltar Strait, between Tangiers and Ceuta. According to the migrants’ statements, the area between Ksar Sghir and Sidi Kankouche is the most popular departing area among Moroccans who want to cross the Gibraltar strait (10.15 NM distance). The boats used for the sea crossing were toy boats bought by the migrants in a supermarket for EUR ~100….

Increased border surveillance along the Mauritanian coast generated by the deployment of joint Mauritanian-Spanish police teams and also joint maritime and aerial patrols in Mauritanian national waters has reduced departures towards the Canary Islands but also may have resulted in a displacement effect to the Western Mediterranean route from the Moroccan coast.”

[***]

4.2.4 Western African Route

“In the third quarter of 2012, there were just 40 detections of illegal border-crossing in this region, almost exclusively of Moroccan nationals but with an influx of Senegalese nationals….

The good cooperation among the Spanish, Senegalese and Mauritanian authorities and the joint patrols in the operational sea areas and on the coastline of Senegal and Mauritania have resulted in a displacement of the
departure areas of migrant boats towards the Canary Islands, with the reactivation of the Western African route (from north of Mauritania to the Western Sahara territory) used by the criminal networks operating in Mauritania.”

[***]

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Click here or here here for Frontex FRAN Report for Q3 2012.

Click here for previous post summarizing Frontex FRAN Report for Q2 2012.

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Filed under Algeria, Analysis, Data / Stats, Egypt, Eritrea, Ethiopia, EU and EU Organizations, European Union, Frontex, General, Greece, Italy, Libya, Malta, Mauritania, Mediterranean, Morocco, Reports, Senegal, Spain, Syria, Tunisia, Turkey

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

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

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

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

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

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

Click here for PACE press statement.

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

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

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

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

[***]

C. Explanatory memorandum by Ms Strik, rapporteur

1. Introduction

[***]

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

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

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

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

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

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

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

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

2.2. Syria: a bad situation could get worse

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

[***]

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

2.3. Regional implications of mixed migratory arrivals

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.2. Systematic detention of irregular migrants and asylum seekers

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

[***]

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

[***]

3.3. Impediments in accessing asylum and international protection

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

[***]

4. Social tensions within Greek society

4.1. The social situation of migrants and asylum seekers

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

4.2. Discrimination, xenophobia and racist attacks against migrants

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

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

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

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

5. The European responsibility for a European problem

5.1. European front-line States under particular pressure

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

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

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

5.2. Greece: A test case for European solidarity

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

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

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

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

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

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

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

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

6. Conclusions

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

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

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

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

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

[***]”

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

Click here for PACE press statement.

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

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UNODC Global Report on Trafficking in Persons 2012

UNODC released its 2012 Global Report on Trafficking in Persons on 10 December 2012.  The 98 page report “provides an overview of patterns and flows of trafficking in persons at global, regional and national levels, based on trafficking cases detected between 2007 and 2010 (or more recent). The report also includes a chapter on the worldwide response to trafficking in persons. The Country Profiles of the Global Report present a national level analysis for each of the 132 countries covered by this edition of the report.”

In regard to trafficked persons in Europe:

“Of the [trafficking] victims originating outside Europe, those from African countries are most prominently detected. About 18 per cent of the total number of victims detected in Western and Central Europe are African. Victims from West Africa, especially but not only Nigerians, comprise the vast majority. West Africans accounted for about 14 per cent of the total number of victims detected here….

In terms of trends, the proportion of West African victims among the total number of victims detected remained constant in Western and Central Europe during the reporting period. A detailed analysis at the country level, however, shows that a decreasing number of West African victims have been detected in a series of countries, while an increasing number have been detected in others. During the reporting period, fewer West African victims were detected in France and Italy, while they were increasingly detected in Austria and Germany. Similar contrasting trends can be noted among other destination countries in Western and Central Europe. The aggregated regional value is the result of compensation between opposite trends. This may indicate that the West African trafficking flow within the subregion may face some sort of displacement of destination.

Victims from the rest of sub-Saharan Africa accounted for a little more than 1 per cent of all victims detected in Western and Central Europe. As far as the North African victims are concerned, these were detected in or repatriated from 11 European countries, accounting for about 2.5 per cent of the victims detected during the reporting period, suggesting that these flows should not be underestimated.”

Click here full Report.

Click here for links to the Executive Summary and Country / Regional profiles.

Map 9, UNODC 2012 Global Report

 

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Filed under Analysis, Data / Stats, European Union, Reports, UNODC

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

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

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

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

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

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

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

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

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

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

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

Click here for complete End-of-Mission Statement.

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

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Frontex FRAN Report for Q2 2012

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Executive summary

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

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

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

4.1 Detections of illegal border-crossing

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

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

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

 2012-10-10_Frontex_FRAN_Q2_2012-FIG_2

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

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

4.2 Routes

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

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

2012-10-10_Frontex_FRAN_Q2_2012-FIG_6

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

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

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

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

4.2.1. Eastern Mediterranean route

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

2012-10-10_Frontex_FRAN_Q2_2012-FIG_7

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

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

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

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

4.2.2. Central Mediterranean route

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

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

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

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

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

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

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

4.2.3. Western Mediterranean route

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

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

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

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

4.2.4. Western African route

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

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

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

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

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

2012-10-10_Frontex_FRAN_Q2_2012-Annex Table 1_Sea Borders only

Click here or here for Report.

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European Commission’s Second Biannual Report on Schengen Area

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

Here are a few excerpts from the 8 page document:

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

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

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

Click  here or here for Second Report.

Click here for First Report.

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