Category Archives: Reports

by | 21 Nov 2010 · 05:18

Migreurop Report: European borders- Controls, detention and deportations

Migreurop has released its second report on Europe’s borders: “European borders- Controls, detention and deportations.”  Migreurop describes the report as a “[denunciation of] the « externalization » process of the European union migratory policy [which] shows how third countries are obliged, through the threat of the reconsideration of cooperation agreements and development aid, not only to readmit the migrants chased from Europe, but also to keep them on their own territory from travelling towards its doors.   From Calais area in France to the edge of Turkey and the Adriatic sea, from the surroundings of Gibraltar to the Sahel Saharan desert and the new member states of eastern Europe, a subcontracting of migratory control is carried out in series, sometimes very far away from the Union but also within its territory, especially when it deals with sending asylum seekers from country to country considered as unwanted. A large population of exiles, from both sides of the European borders, is subjected to arbitrary incarceration, wandering, and the constant humiliation of a hostile environment….”

Here is the Table of Contents:

Introduction

  • What have migrants become 3

Ceuta, a gilded prison

  • A murderous border 7
  • A legal limbo 8
  • The situation of migrants in detention 8
  • The situation of migrants in the CETI (open centre) 9
  • Deportations and expulsions 12
  • Surviving without resources 14

Sahel-Saharan countries, Europe’s new sentries

  • I – European interference in inter-African migrations – the case of Mauritania 18
    • The “crisis of the cayucos” 18
    • 1. Cooperation instigated by Europe 18
    • 2. Mauritania tramples on its own principles and conforms 21
    • 3. Subcontracting repression and endangering foreigners 22
  • II – Bargaining between Libya and Europe: migrants as an exchange currency –the case of Niger 33
    • 1. A reciprocal exploitation 34
    • 2. An increasingly repressive control of borders 37
    • 3. Arrests and detention in Libyan territory 39
    • 4. A deadly expulsion policy 42
  • Conclusion: the real face of Kadhafi’s pan-Africanism 44

Poland, Romania: how to be good state members in the enlarged EU

  • I – At the new frontiers: the screening of migration 47
    • 1. Reducing the transit and deserving Schengen 48
    • 2. The border police, Frontex and cooperation with other European states 48
  • II – Reception and detention centres 52
    • 1. The detention of foreigners 52
    • 2. Reception centres: isolating asylum seekers 60
    • 3. “Dublinized” asylum seekers 61
  • III – Returns 63
  • IV – Intolerance towards migrants and refugees 66
  • V – Embryonic mobilizations 70

The Ionian and Adriatic seas: forced returns between Italy and Greece

  • A new migration route at Europe’s gates 73
  • I – Controlling and blocking 75
    • 1. Controls in Greece 75
    • 2. Controls at sea 77
    • 3. Controls in Italian ports 78
  • II – Turning back and readmission 82
    • 1. Arbitrary practices and violation of rights 82
    • 2. The port of Venice: collective returns 83
    • 3. The port of Ancona 86
    • 4. Forced return to Greece 86
  • III – Detention 88
    • 1. At the borders and at sea: areas beyond legality 88
    • 2. Detention in Italy 89
    • 3. Detention in Greece 90
  • IV – Some cruel situations 93
    • 1. In Greece 93
    • 2. In Italy 96
  • V – Mobilizations 97
    • 1. In Venice 97
    • 2. In Ancona 97
    • 3. In Greece 98

Ping-pong at the Greco-Turkish border

  • Selective expulsions and random readmissions 106
  • Reactions to a degrading and sometimes murderous situation 107
  • Assistance, support, resistance 108

Dismantling the Calais jungle: a deceptive operation

  • I – The declared objectives of the 22 September 2009 operation 112
  • II – The real objectives of dismantling the jungle 113
  • III – The Modus Operandi: brutality and trickery 115
  • IV – What next? 116

Migreurop network 121

Annexes 122

  • Knocking down walls and defending the right to migrate 122
  • UNHCR-Libya : the bid is rising, migrants pay the price 124
  • All for the closure of camps for migrants, in Europe and beyond 125
  • Italia and Libya: hand in hand 127
  • Roma people victims of the French government xenophobia 128

Click here for the report (EN), or  here (FR), or here (ES).

Click here for article (ES) in Periodismo Humano about the report.

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by | 29 Sep 2010 · 05:46

Frontex 2nd Quarter Report

The Frontex Risk Analysis Unit has released its Report for the Second Quarter of 2010 (April-June).  It is a 30+ page report containing data, charts, and graphs detailing entry routes, detections of migrants, detections of facilitators, and other information.

Excerpts from the Report’s Executive Summary:

Illegal migration pressure in the EU underwent a foreseeable seasonal increase during the second quarter of 2010, but is still clearly in a period of decline.…

The widespread decline in illegal migration pressure is probably due to two key factors. The first is decreased employment opportunities in the EU …  [and the] second is stricter migration and asylum policies in Member States, supported by much more effective collaboration with key third countries. For example, stricter migration and asylum policies in Norway and the UK have reduced the number of applications in these Member States…. Similarly, bilateral agreements between Italy and Libya, and between Spain and both Senegal and Mauritania, continue to control, for the time being at least, most illegal migration via the Central Mediterranean and West African routes, respectively.

Notwithstanding the general decline in detections, there were two emerging trends in the second quarter (Q2) of 2010: a continued and intensified shift from the Greek sea border to the Greek land border with Turkey….  In the beginning of 2009 illegal crossings of the EU external border between Greece and Turkey were divided roughly equally between the land and sea borders.  However, there has been a gradual and recently intensified shift to the land border. Reasons for this shift from sea to land borders are linked to the effectiveness of the Frontex activities in the Aegean Sea, combining surveillance activities with identification of illegal migrants, and opening the possibility of return to origin countries for detected migrants. ….

Main trends:

  • There is a general decline in illegal migration to the EU compared to a year ago;
  • For the time being, Turkey is the main transit country for illegal migration to the EU….;
  • In the Eastern Mediterranean route, there has been a gradual and recently intensified shift from the Greek-Turkish sea border to the land border, where 90% of detections were made….   At the Greek-Turkish land border around 60% of detections were made at the Border Control Unit (BCU) Orestiada which is under the biggest pressure. Air connections to Turkey are increasingly used by migrants from North Africa, who then illegally cross the EU external border with Turkey. As well as effective Frontex-coordinated joint operations at the sea border, potential explanations for this shift include cheaper facilitation costs, a lower risk crossing, lower detection rates…;
  • There were increased detections on the Central Mediterranean route, probably due to the recent re-organisation of criminal groups in response to effective bilateral agreements in the area. In June 2010 Libya expelled the United Nations High Commissioner for Refugees (UNHCR), with whom 9,000 refugees and 4,000 asylum-seekers were registered and who, in the absence of protection, may now attempt entry to the EU.

Click here for the 2nd Quarter Report.

Click here for the 1st Quarter Report.

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by | 27 Sep 2010 · 05:37

Les pirogues de fortune – CARIM Note

A CARIM Analytic and Synthetic Note by Serigne Mansour TALL and Aly TANDIAN was issued in July entitled “Regards sur la migration irrégulière des Sénégalais : vouloir faire fortune en Europe avec des pirogues de fortune.”

Résumé – Ce papier met en exergue le voyage des sénégalais qui utilisent des pirogues de fortune dans l’espoir d’atteindre l’Europe via les îles canaries. L’auteur analyse les motivations sous-tendant ces itinéraires « irréguliers » ou « illégaux » et met en lumière les stratégies ainsi que les ressources que ces migrants utilisent pour partir.

[Abstract (the paper is only in French) – The paper focuses on the Senegalese who embark on “fortune seeking pirogues”, hoping to reach Europe via the Canary Islands. The author analyses the motivations of these ‘irregular’ or illegal migratory itineraries and sheds light on the strategies and resources that they employ in order to leave.]

Click  here (FR) or here (FR) for Note.

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by | 24 Sep 2010 · 04:50

2010 Report of the Special Rapporteur on the HR of Migrants

The Report of the Special Rapporteur on the human rights of migrants (Jorge Bustamante) was released in August over the summer break and I am just seeing it now.  This report was submitted to the General Assembly.  Here is the partial Index:

III. Issue in focus: the impact of the criminalization of migration on the protection and enjoyment of human rights

  • A. The impact of the criminalization on the enjoyment of human rights
  • B. The impact of the criminalization of migration on specific groups
  • C. Examples of good practices and alternatives to the criminalization of irregular migration

IV. Conclusions and recommendations

  • A. A rights-based approach to migration governance
  • B. Decriminalizing and managing irregular migration

[79. States should ensure that their border control and anti-smuggling efforts are carried out in a manner that respects and protects human rights, does not interfere with search and rescue obligations, and does not block access to asylum procedures and the identification of trafficked victims….
81. The detention of children and adolescents through border control measures, such as interception at sea, should be addressed through a child protection approach. Similarly, migration authorities responsible for the mistreatment of children should be held fully accountable.]

C. Preventing ethnic profiling of migrant communities, hate crimes, racism, racial discrimination, xenophobia and related intolerance

D. Finding alternatives to immigration detention

E. Protecting specific groups

F. Information-sharing, data and analysis

G. Recommendations on international cooperation

The 2008 Report of the Special Rapporteur is also very worthy of note.  The 2008 Report discussed in depth, among other topics, the increased criminalization of irregular migration, the abuses of migrants during the  migration process, the externalization of migration control policies, and violations against irregular migrants pertaining to interception and rescue at sea.

Click here for 2010 Report.

Click here for 2008 Report.

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by | 14 Sep 2010 · 05:15

Commission Report on Asylum Procedures Directive

The European Commission issued on 8 September 2010 a periodic Report on the Asylum Procedures Directive (Council Directive 2005/85/EC of 1 December 2005, on minimum standards on procedures in Member States for granting and withdrawing refugee status).  The Report identified numerous “shortcomings in existing common standards” according to the Commission Press Release which accompanied the Report.

One purpose of the report is to “give[] an overview of the transposition and implementation of the Directive in Member States, including possible problematic issues.”  While the report includes a short section (Sect. 5.2.7.) discussing application procedures at Member State borders, it does not address application procedures beyond borders, e.g. in international waters.

The report concludes as follows:  “This evaluation confirms that some of the Directive’s optional provisions and derogation clauses have contributed to the proliferation of divergent arrangements across the EU, and that procedural guarantees vary considerably between Member States. This is notably the case with respect to the provisions on accelerated procedures, ‘safe country of origin’, ‘safe third country’, personal interviews, legal assistance, and access to an effective remedy. Thus, important disparities subsist. A number of cases of incomplete and/or incorrect transposition and flaws in the implementation of the Directive have also been identified. The cumulative effect of these deficiencies may make procedures susceptible to administrative error. It is noteworthy, in this regard, that a significant share of first instance decisions is overturned on appeal.

“The present report shows that the objective of creating a level playing field with respect to fair and efficient asylum procedures has not been fully achieved. The Commission will continue to examine and pursue all cases where problems of transposition and/or implementation have been identified, so as to facilitate the correct and consistent application of the Directive, and to ensure full respect for the principle of non-refoulement and other rights enshrined in the EU Charter. Procedural divergences caused by the often vague and ambiguous standards could only be addressed by legislative amendment. Accordingly, and on the basis of a thorough evaluation of the implementation of the Directive, the Commission adopted on 21 October 2009 a proposal to recast the Directive in order to remedy the deficiencies identified.”

Click here for the Report.

Click here for the Commission Press Release.

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by | 11 Sep 2010 · 05:17

IMO Information Resources on Stowaways/Illegal Migrants/Treatment of Persons Rescued at Sea – update

The International Maritime Organization’s (IMO) Maritime Knowledge Centre updated in August its  Information Resources document on “Stowaways / Illegal Migrants / Treatment of Persons Rescued at Sea.”

The document contains information, citations, and links to IMO documents, publications, circulars, and reports, as well as non-IMO citations and / or links to many other resources, including relevant UN reports, resolutions, and treaties.

Click here for the document.

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by | 14 Jul 2010 · 05:16

Frontex 2010 1st Quarter Report: Irregular Migration at Sea Borders Less Than 10% of Peak Levels

Frontex has released information from its 2010 First Quarter report by the Frontex Risk Analysis Network (FRAN).  A copy of the report itself has apparently not been released.  According to the summary provided, there have been significant reductions in irregular migration:

  • “[D]etections of irregular immigrants at [all EU] sea borders … were less than one-tenth of the peak level (for the third quarter of 2008) when roughly 33,600 detections were reported.”
  • “[D]etections at the Spanish and Italian sea borders became negligible…”
  • “[D]etections at the dominant Eastern Aegean Sea border between Greece and Turkey also fell by more than 60% to just under 2,300.”
  • “Detections at the Greek-Turkish land border were for the first time greater than those at the countries’ sea border.”
  • There were “only 150 detections of illegal border-crossing [in the Central Mediterranean], compared to 5,200 detections in the first quarter of 2009…”
  • There were “only 500 irregular immigrants detected [in the Western Mediterranean] (almost 72% down on the fourth quarter of 2009 …).”
  • There were “only five detections over the first three months of 2010 [on the West African/Canary Island route], in contrast to 31,700 detections in 2006…”

Click here for full statement.

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by | 13 Jul 2010 · 05:14

Frontex 2010 Annual Risk Analysis

Frontex’s Annual Risk Analysis (ARA) for 2010 was prepared in March 2010 and was posted to the Frontex web site on 7 July.  The public document only contains certain portions of the full ARA as recommendations and other “operationally sensitive details” have been redacted. While some of the ARA’s contents have previously been released by Frontex, this 35 page document contains a lot of data regarding irregular migration by land, sea, and air, and is worth a read.

Excerpts from the ARA relating to maritime migration include:

“Detections of illegal border crossing – In 2009, the [EU] Member States and Schengen Associated Countries reported a total of 106,200 detections of illegal border crossings at the sea and land borders of the EU. This represented a 33% decrease compared to 2008. The decrease is comprised of both a strong decrease reported from the sea borders (-23%), and land borders (-43%).”

“The bilateral collaboration agreements with third countries of departure on the Central Mediterranean route (Italy with Libya) and the Western African route (which Spain signed with Senegal and Mauritania) had an impact on reducing departures of illegal migrants from Africa.”

“The agreements were made at a time when the economic crisis decreased the labour demand in the EU, thus simultaneously reducing the pull factor. The synchronisation of these events probably explains why no displacement has so far been noticed from the Central Mediterranean and Western African routes to other illegal migration routes in the statistics for detections.”

“However, intelligence suggests that the risk of displacement remains high, either with the emergence of new routes or the exploitation of existing ones by nationalities which used to be detected along the Central Mediterranean or the Western African routes.”

“As a corollary to the sharp decreases registered in Italy and Spain, the number of detections of illegal border crossing in Greece rose from 50% of the total EU detections to 75% of the total. In 2009, the Greek land border sections with Albania and FYROM represented the largest share of the EU total, with 36,600 detections (34% of the EU total), followed by 22,000 detections in the Aegean Sea with (21% of the EU total).”

“Eastern Mediterranean route – The Eastern Mediterranean route is the route taken by illegal migrants transiting through Turkey and entering the EU through eastern Greece, southern Bulgaria or Cyprus. Turkey, due to its geographical position near the EU, is the main nexus point on this route. From Istanbul, illegal migrants may reach the Greek islands in the Aegean Sea, or cross the land borders to Greece or to Bulgaria.”

“In 2009, illegal border crossing on the Eastern Mediterranean route totalled 41,500, or 39% of all EU detections. Most of the detections were reported from the Aegean Sea, followed by detections along the land border between Turkey and Greece. The number of detections reported by Bulgaria and Cyprus were considerably lower.”

“Central Mediterranean route – The Central Mediterranean route refers to illegal migration from northern Africa to Italy and to Malta. For the past two years, Libya has been a nexus point where migrants from the Horn of Africa and Western African routes and a small proportion of Asian nationals met before embarking.”

“Since the signing of a bilateral agreement with Libya, joint patrols by Libya and Italy have had a clear and measurable deterrent effect, with 3,200 detections in the seven months after the joint patrols (June to December), compared to 7,200 detections in the five months before the joint patrols (January to May), and almost 40,000 detections in the whole of 2008.”

“Western African route – The Western African route is primarily through Western African countries to Spain via the Canary Islands. The main embarkation points are in Senegal and Mauritania and the main countries of origin are Mali, Mauritania, Guinea Conakry and Senegal. Other African nationals have also been reported, and occasionally migrants from Asia. This route is now less favoured since the Spanish collaboration agreements with Senegal and Mauritania. The Frontex coordinated Joint Operation Hera plays a major role in maintaining effective surveillance in the area.”

“The Western Mediterranean route includes the sea route from Northern Africa to the Iberian Peninsula, and the land route through Ceuta and Melilla. It is mostly used by Northern African nationals (Algerian and Moroccan) travelling to Spain, France and Italy.”

“Maritime detections between Northern Africa and Spain are rising, with increasing detections of Algerian and to a lesser extent Sub Saharan nationals. Moroccan nationals are also regularly detected on this route. The lack of employment opportunities for the growing population of young people in Morocco continues to increase the incentives of migrating to the EU. The Spanish authorities recently reported an increasing number of attempts by Moroccan minors to get on the ferry link between Tanger and Spain. These cases do not seem connected with criminal networks; rather individual attempts are driven by poor employment prospects in Morocco.”

Click here for the ARA.

Click here for link to Frontex Map showing situation at External Borders.

[ARA page 18]

[ARA page 13]

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by | 13 Jul 2010 · 02:49

UNODC Publication: Smuggling of Migrants into, through and from North Africa

UNODC has issued a new publication entitled “Smuggling of Migrants into, through and from North Africa: A thematic review and annotated bibliography of recent publications.”  Most of the reviewed literature and data are from 2008 and earlier dates and therefore the publication does not include references to more recent events, e.g. the Italy-Libya migration agreement.  But it is a comprehensive and useful publication.  The 16 page Annotated Bibliography is a very good resource.

According to the UNODC web site, the publication “focuses primarily on the patterns and dynamics of migrant smuggling, as it concerns the North African region. Recognizing, however, that irregular migration and smuggling flows are transnational in nature, the review goes beyond North Africa, to also cover sub- Saharan African and European countries affected along the various smuggling routes.  The aim of the review is twofold: to describe major findings on smuggling of migrants; into, through and from North Africa, and to highlight the need for further research on specific issues that have not yet been studied.”

Table of Contents:

  • I. Introduction
  • II. Quantifying irregular migration and smuggling of migrants
  • III. Migrant smuggling routes
  • IV. Profiles and characteristics of smuggled migrants
  • V. Smuggler-migrant relationships
  • VI. Organizational structures of migrant-smuggling networks
  • VII. Modus operandi of migrant smuggling
  • VIII. Smuggling fees
  • IX. The human and social costs of smuggling
  • X. Summary of findings
  • XI. Annotated bibliography

Click here for the publication.

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by | 24 Jun 2010 · 04:33

Amnesty Int’l Report on Libya Criticises Libya and EU on Refugee Treatment

Amnesty International has released a comprehensive report on Libya entitled “Libya of Tomorrow – What Hope for Human Rights?”  The report covers a range of matters including the criminal justice system and the use of the death penalty.   Section 5 of the report (beginning at p 91) addresses the rights of refugees, asylum-seekers and migrants.  The report was finalised before the recent decision of the Libyan government to close the UNHCR office in Tripoli.

In regard to refugee issues, Amnesty is very critical of both Libya and the EU and calls upon EU member states to “ensure that any bilateral agreements with Libya in the area of migration and asylum, including the EU-Libya Framework Agreement currently being negotiated, are based on full respect for the rights of asylum-seekers, refugees and migrants.”

Excerpts from Section 5, “Rights of refugees, asylum-seekers and migrants”:

Members of the EU have been actively seeking the collaboration of Libya in controlling the flow of migrants to European shores – turning a blind eye to Libya’s dire human rights record, the absence of a functioning asylum system in Libya, and persistent reports of the abuse and ill-treatment of refugees, asylum-seekers and migrants.  The Treaty of Friendship, Partnership and Co-operation signed in August 2008 between Italy and Libya includes provisions for bilateral efforts to combat “illegal migration”, facilitated by the joint patrolling of the sea agreed upon in December 2007 in the “Protocol” and the “Additional Technical-Operational” Protocol”.

As part of the agreements, Italy promised to compensate Libya for its occupation of the country between 1911 and 1943. The Treaty of Friendship, Partnership and Co-operation involves a US$5bn package for construction projects, [and other items].  In return, Libya agreed, among other things, to tighten control of its territorial waters and accept disembarkation on its soil of individuals intercepted at sea by Italian vessels. Italy was also reported to have undertaken to provide resources, including technology, to control migrant flows through the southern borders of Libya. In fact, Italy has provided Libya with six motor patrol boats since the Treaty entered into force.

In the framework of these agreements, from May 2009 onwards Italy started returning refugees, asylum-seekers and migrants intercepted in international waters to Libya. On 6 May 2009, distress calls were sent from three vessels with an estimated 230 third-country nationals on board. Italian coastguard vessels intervened but transported the individuals to Tripoli, without stopping in an Italian port and without checking whether any individuals on board were in need of international protection or basic humanitarian assistance. Further interceptions and returns occurred in the subsequent months: according to official information from the Italian Ambassador to Libya, between 6 May and 3 September 2009, over 1,000 individuals were returned to Libya. They included nationals from Eritrea, Somalia and other sub-Saharan African countries. The Italian Minister of the Interior Roberto Maroni was reported to have called this action “an historic achievement after one year of bilateral negotiations with Libya”….

Despite these pleas by UNHCR and consistent reports of abuses suffered by refugees, asylum-seekers and migrants in Libya, the Italian authorities continue to intercept vessels at sea and send them back to other countries most notably Libya.  In January 2010, Italian Minister of the Interior Roberto Maroni stated that the number of migrants arriving to Italian shores was reduced by 74 per cent in 2009 compared to 2008, attributing the reduction to Italy’s bilateral agreements with Libya.

Italy is not alone in seeking Libya’s cooperation to control the flow of migrants to European shores. Negotiations between Libya and the EU over a Framework Agreement started in November 2008 covering the control of migration, among other issues, including potential readmission agreements for third-country nationals who have transited through Libya on their way to Europe….

UNHCR [prior to its recent expulsion from Libya] and its partners have also been involved in screening individuals pushed back to Libya from Italy. UNHCR declared that by October 2009, it had been able to screen 890 people and had registered 206 of them as refugees and secured their release from detention.  UNCHR also registered 80 individuals pushed back from Italy in November 2009, granting 40 of them refugee status. The remainder were awaiting their interviews for refugee status determination at the time of writing. UNHCR confirmed that a total of 685 individuals determined to be refugees or asylum-seekers were released from detention from 2008 to February 2010, including 450 Eritreans and 150 Somalis…..

Click here for the Report.

Click here for AI Press Release regarding the Report.

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by | 18 Jun 2010 · 05:35

CEAR Releases 2010 Annual Report: La situación de las personas refugiadas en España

CEAR (Comisión Española de Ayuda al Refugiado) has released its 2010 annual report: “La situación de las personas refugiadas en España – INFORME 2010.”  The report is 350+ pages long.  I will try to review it and do an additional post on some portions of the Report in the coming days.

From CEAR’s web page: “Presentamos el octavo Informe Anual en un momento de grave preocupación por la garantía efectiva del derecho de asilo en España y en el mundo. En el año 2009 poco más de 3.000 personas solicitaron asilo en nuestro país, la cifra más baja desde que se contabilizan estos datos. Por el contrario, las demandas de protección internacional han aumentado en el ámbito de la Unión Europea y otros países industrializados. La pregunta clave es: ¿por qué no llegan refugiados a España? Pregunta que cobra aún más importancia si tenemos en cuenta que la situación en los países de origen de los solicitantes de asilo no ha mejorado, tal y como se analiza a lo largo de este Informe, como la situación de la R.D. Congo, América latina o Sri Lanka. La respuesta a este descenso de las solicitudes de asilo se desvela a lo largo del documento.

La publicación de este Informe Anual coincide con los primeros pasos para la puesta en práctica de la nueva Ley de Asilo, aprobada en octubre de 2009. CEAR volcó todos sus esfuerzos para hacer llegar a los grupos parlamentarios y a la sociedad sus propuestas para fortalecer el derecho de asilo como institución en España.

Uno de los mayores recortes de la nueva ley es la supresión de la vía diplomática para el acceso al asilo, por eso desde estas páginas CEAR realiza un recorrido por las últimas solicitudes por esta vía. También hace especial hincapié en el análisis de las demandas en frontera y de los Centros de Internamiento para Extranjeros (CIE). Por otro lado, la edición del octavo Informe coincide con la Presidencia española de la Unión Europea, por lo que se analizan las líneas políticas de actuación que ya se establecieron en el Pacto Europeo sobre Inmigración y Asilo de 2008. Este Informe presenta un completo recorrido desde la solicitud de asilo hasta la resolución de los casos, acompañado de un completo apéndice estadístico, sin prescindir de todo lo referente a la acogida, integración social e inserción sociolaboral de las personas refugiadas en España.”

Click here for the report (ES).

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by | 17 Jun 2010 · 03:45

UNHCR Report: 2009 Global Refugee Trends & Guardian Data Map

The UNHCR released its annual report this week for last year: “2009 Global Trends- Refugees, Asylum-seekers, Returnees, Internally Displaced and Stateless Persons.”

The UNHCR estimates that approximately 43.3 million people were forcibly displaced at the end of 2009.  South Africa continued in 2009 to be the destination country receiving the largest number of new asylum seekers (222,000).  The US and France were second and third with less than 50,000 new asylum seekers.

The Guardian’s Data Blog published an interesting graphic with the UNHCR statistics.

Click here for UNHCR web article.

Click here for link to the UNHCR Report.

Click here for link to the Guardian’s map.

[UNHCR refugee statistics mapped. Illustration: Paul Scruton for the Guardian.]

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by | 26 May 2010 · 04:42

IMO Information Resources on Stowaways/Illegal Migrants/Treatment of Persons Rescued at Sea

The International Maritime Organization’s (IMO) Maritime Knowledge Centre has posted an updated 20+ page Information Resources document to “assist those who are conducting research in the area of ‘Stowaways/Illegal Migrants/Treatment of Persons Rescued at Sea’.”

The document contains a wealth of information, citations, and links to IMO documents, publications, circulars, and reports, as well as non-IMO citations and / or links to many other resources, including relevant UN reports, resolutions, and treaties.

For example the contents include:

Provisions in UN and IMO Treaties…

IMO Material on the Website …

IMO Documents…

IMO Sub-Committee on Radiocommunication and Search and Rescue documents…

IMO Legal Committee documents…

IMO Maritime Safety Committee documents…

IMO Publications …

UN Materials …

Click here for the IMO Information Resources document.

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by | 24 May 2010 · 04:53

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

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

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

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

Excerpts from the Report of the Working Group:

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

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

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

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

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

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

II. Conclusions and/or recommendations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Click here for the Report of the WG.

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by | 21 May 2010 · 05:06

UPR of Spain Largely Ignores Interdiction and Readmission Practices

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

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

Three of the more detailed recommendations were:

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

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

Click here for link to UPR site for Spain.

Click here for the Draft report of the Working Group.

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

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