Category Archives: Statements

ECRE Statement: Safe haven for people fleeing bloodshed in Libya

ECRE issued a statement earlier today.  Here is the full statement:

As the situation in Libya is worsening and the world is watching the atrocities of Gaddafi’s regime, European governments are stepping up efforts to evacuate their citizens outside the country. The repression is brutal and just as British, Turkish, Egyptians and other foreigners, some Libyans and refugees from sub-Saharan countries unable to go back and stranded in Libya will need refuge from violence and human rights abuses.

At this historical moment, on the other side of the Mediterranean, the EU needs to live up to its obligations to protect those fleeing the violence.

With or without Frontex, border control operations carried out at sea cannot result in persons being returned to Libya without assessing in a fair asylum procedure whether they are in need of international protection.

Some European governments have warned of an exodus of biblical proportions. The truth is that what will happen is totally unpredictable. For the moment, those leaving the country seem to be travelling to Egypt or remaining elsewhere in the region. So far, according to the EU Border Agency Frontex, some 5.500 people, mainly Tunisians, arrived to Lampedusa in January and February. This is nowhere near the number that would make an asylum system of a country such as Italy collapse.

Even if the number of people arriving to Europe would increase dramatically, to the extent that an immediate and individual assessment of their protection needs would no longer be possible, the EU has already at its disposal the tools to ensure that people can reach a safe haven. The Temporary Protection Directive, adopted after the Kosovo crisis, allows Member States to grant immediately a protection status to persons who arrive in Europe in the context of so-called mass influx and makes it possible for Member States to better share responsibility through the relocation of refugees protected under this scheme to other EU countries.

In addition, the recently established European Asylum Support Office has the competence to deploy national asylum experts to EU Member States receiving high numbers of asylum seekers. Although the agency is not yet operational, ad hoc solutions can be found if need be.

Finally, the EU’s decision to suspend the negotiations with Libya on a framework agreement, which included cooperation in the field of immigration and asylum, is indeed the only sensible thing to do. Libya’s poor human rights record was well known when last year the European Commission agreed to offer the dictatorship € 50m over the next 3 years to reinforce Tripoli’s capacity to prevent migrants from entering the Southern border and from crossing the Mediterranean towards Europe. According to the European Commission, no money has been disbursed so far. The bloodshed in the country and the regime’s attempts to blackmail the EU by threatening with breaking its cooperation on controlling migration towards Europe, showed clearer than ever who the EU was willing to trust to control migration to Europe. This cannot go on.

Contact

Ana Fontal

Senior Press and Public Information Officer

Tel: +32 2 212 08 12

Mobile: + 32 (0) 486 531 676

www.ecre.org

Click here for link to statement.

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Filed under European Union, Frontex, Italy, Libya, Mediterranean, Statements, Tunisia

JHA Council: Commission is Studying Different Funding Possibilities to Assist with Impact of Migratory Flows from North Africa

A Justice and Home Affairs press release summarizing today’s JHA Council meeting includes the following brief summary regarding the topic of migratory flows from North Africa:

“Over lunch, ministers discussed the situation in Northern Africa, and particularly the situation in Libya and the influx of migrants, above all from Tunisia to Italy. Since the beginning of the year, some 6000 immigrants have arrived mainly to the Italian island of Lampedusa. Following a formal request for help from the Italian Ministry of Interior, received on February 15, Frontex and Italy have started a Joint Operation in the central Mediterranean area on Sunday 20 February. Joint Operation Hermes 2011, originally planned to commence in June, was thus brought forward. Assets and experts for this operation were made available from a large number of EU member states. More information.  In addition to that, the Commission is studying different funding possibilities through various EU instruments, such as the European Refugee Fund, the European Return Fund and the European Border Fund.”

It is unclear whether the JHA Council will address this topic further tomorrow when the Council meeting resumes.

Click here for full JHA press release.

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ALDE: EU must be fully prepared for dealing with migrants fleeing persecution in Libya

ALDE issued a press release earlier today.  Excerpts:  “[T]he European Union must seek urgently prevent a humanitarian disaster but also prepare a contingency plan for the possible mass flux of refugees fleeing the country and seeking temporary sanctuary across the Mediterranean. Renate Weber MEP (PNL, Romania), Liberal Group spokesperson on the Justice and Home Affairs committee commented: ‘[***] It is appalling that while thousands of people are being killed, the EU is failing to show the unity and determination to force Gaddafi out due to some EU governments’ reluctance to jeopardise lucrative business deals with Libya and fears of massive migrant flows. If we are faced with a large scale influx of Libyans seeking humanitarian protection then the EU and its Member States will have to apply EU values and laws in force governing such circumstances, including international conventions, related to the protection of the life and the rights of refugees.  Art. 78.3 of the Treaty, specifically provides for the granting of temporary protection and provisional measures in case of the sudden influx of migrants. Anything else would be a dereliction of our international duty.’”

Click here for full statement.

 

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UNHCR: Imperative that Tunisia and Egypt Continue to Maintain Open Borders With Libya

The UNHCR “welcomed the positive indications it has received over the past two days from Tunisia and Egypt that they will maintain open borders for people fleeing the continuing violence in Libya.”

Click here for full statement.

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Jusqu’à quand la politique migratoire de l’UE, va-t-elle s’appuyer sur les dictatures du sud de la Méditerranée?

Migreurop: “Depuis le début des années 2000, l’Union européenne et ses États membres se sont appuyés sur les régimes du sud de la Méditerranée pour externaliser leur politique d’asile et d’immigration. Face aux révoltes populaires en Afrique du Nord et au Moyen-Orient, leurs réactions montrent que la « défense de la démocratie » et la « non ingérence » ne sont que rhétoriques quand il s’agit de réaffirmer les impératifs d’une fermeture des frontières attentatoire aux droits fondamentaux….”

Cliquez ici (FR) ou ici (ES) pour la déclaration complète.

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Catherine Ashton Announces Suspension of Negotiations on EU-Libya Framework Agreement

A statement released today by EU High Representative Catherine Ashton at the conclusion of her meetings in Egypt includes the following:

“Regarding specific action on Libya, we are looking forward to the meeting of UN Security Council. It will address the situation in Libya later today and will discuss all options, including restrictive measures. For my part, I have called a meeting of EU Ambassadors to look at what the European Union can do to support the UN and what measures it can take. As the situation stands, we have suspended negotiations on EU-Libya Framework Agreement. We are coordinating closely with Member States in Brussels, in New York and in Geneva at the UN Human Rights Council, where I will be myself on Monday.”

Click here for full statement.

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UNHCR gravely concerned for safety of asylum seekers & refugees in Libya

From UNHCR: “… Some of the reports we are getting from third-party sources are very worrying. A journalist has passed information to us from Somalis in Tripoli who say they are being hunted on suspicion of being mercenaries. He says they feel trapped and are frightened to go out, even though there is little or no food at home. … We ask all countries to recognize the humanitarian needs at this time of all people fleeing targeted violence, threats, and other human rights abuses in Libya.”

Click here for UNHCR note.

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CIR a Maroni: Rivedere l’utilizzo del Villaggio degli Aranci – Mineo

From CIR’s web site:

“Il Consiglio Italiano per i Rifugiati in una lettera inviata oggi all’attenzione del Ministro dell’Interno Roberto Maroni ha espresso la sua preoccupazione rispetto al piano annunciato dal governo di trasferire al Villaggio degli Aranci di Mineo migliaia di richiedenti asilo ospitati attualmente in diversi centri di accoglienza in Sicilia, Calabria, Puglia e Friuli Venezia Giulia.

‘Il concentramento di rifugiati o richiedenti asilo in una così grande struttura inficerebbe il sistema di accoglienza che l’Italia ha costruito negli ultimi dieci anni. Rappresenterebbe il contrario dell’attuale sistema SPRAR che garantisce il pieno rispetto dei diritti delle persone e fornisce loro i servizi previsti dalla normativa comunitaria e italiana’ – sottolineano nella lettera Savino Pezzotta e Christopher Hein, rispettivamente presidente e direttore del CIR.  ‘L’ottima esperienza del Sistema di Protezione per i Rifugiati e i Richiedenti Asilo – SPRAR, coordinato dall’ANCI in accordo con il Ministero dell’Interno prevede, infatti, decentramento, ospitalità in piccoli centri, coinvolgimento degli enti locali e delle associazioni, approccio che è considerato un modello per altri paesi europei. Non ravvisiamo alcuna necessità di smantellare – anzi, ciò risulterebbe un’azione controproducente – l’attuale sistema di accoglienza e le procedure per il riconoscimento della Protezione Internazionale’.

Il Consiglio Italiano per i Rifugiati ha voluto ricordare che già una volta, nella primavera del 1999, 5.000 sfollati kosovari furono ospitati nella ex base NATO di Comiso in Sicilia e inevitabilmente in poco tempo la situazione degenerò e divenne totalmente ingovernabile.

Il CIR  ha perciò chiesto al Ministro Maroni un ripensamento sull’utilizzo del Villaggio degli Aranci di Mineo. Il Villaggio di Mineo potrebbe effettivamente servire  come centro di smistamento e prima identificazione delle persone solo per un limitatissimo periodo di accoglienza in caso di arrivi massicci dal nord-Africa, caso che non è affatto da escludersi considerando anche l’attuale situazione in Libia.”

Click here (IT) for link to post on CIR web site.

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Statement by Commissioner Malmström Regarding Today’s Launch of Operation Hermes

A short statement by the Commissioner regarding Operation Hermes was posted on the EU External Affairs web page today:  “…The mission is part of a broader framework of measures by the European Commission to manage these exceptional migratory flows. Other actions include cooperation with Tunisian authorities, identification of financial emergency envelopes and assistance by the European Police Office (Europol). … As part of the Hermes mission, experts from participating Member States will be deployed along with aerial and naval support to assist the Italian authorities. Human and technical resources could be increased according to future needs.  On the basis of the Operational Plan that was agreed with the Italian authorities, Frontex experts will assist in debriefing and interviewing migrants. Special attention is given to identifying those who may be in need of international protection. Frontex will also give aerial and naval support for border surveillance….”

Click here for full statement.

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Frontex Press Release: Hermes 2011 Starts Tomorrow in Lampedusa

Frontex news release:  “Hermes 2011 Starts Tomorrow in Lampedusa, 19-02-2011

Joint Operation (JO) Hermes 2011 is due to start tomorrow with the deployment of additional aerial and maritime assets from Italy and Malta.  In the following days the second line activities will be activated with the deployment of debriefing/screening experts. Their task will be to gather information necessary needed for analysis, to make assumptions concerning migrants’ nationalities, and to enable early detection and prevention of possible criminal activities at the EU external borders.  Next important element of this operation will be to provide assistance at the following stage focusing on organising return operations to the countries of origin.  Frontex risk analysis experts will be supporting Italian authorities producing targeted risk analysis identifying vulnerabilities and security risks that might occur at the EU southern external border.

Background – Frontex received a formal request for assistance on February 15th from the Italian Ministry of Interior regarding the extraordinary migratory situation in the Pelagic Islands. The Italian Government requested assistance in strengthening the surveillance of the EU’s external borders in the form of a Joint Operation. Additionally, Italy requested a targeted risk analysis on the possible future scenarios of the increased migratory pressure in the region in the light of recent political developments in North Africa and the possibility of the opening up of a further migratory front in the Central Mediterranean area.

According to the Italian Ministry of Interior, approximately 6,000 irregular migrants, mostly of the Tunisian origin, have arrived on the Italian coast in the last month, of whom 3,000 have arrived since February 11th. Before February 11th, only 14 Tunisian nationals had arrived on the Italian coast in 2011.”

Click here for link.

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Text of Malmström’s Speech to EP Plenary Session

Commissioner Malmström spoke during the EP’s plenary session earlier this afternoon regarding the migration situation in Italy.  Click here for the text of her speech.

 

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Frontex: No Formal Request for Assistance Has Been Made by Italy

Frontex posted a statement on its web site on Monday saying that it is sending a fact-finding team to Italy “to liaise with local authorities and monitor the situation on the ground” but that “[a]s of Monday February 14, Frontex has not received a formal request for assistance from the Italian Government, however, the Warsaw HQ is ready to act if necessary and is preparing an appropriate operational response in the event of it being requested.”

Commissioner Malmström reiterated on her blog that as of yesterday “Italy has not made a formal request for assistance, but of course we are looking at how we can assist both in a humanitarian capacity and practically with the screening of potential refugees (so far it does not seem that any of the Tunisians who have come to Italy have asked for asylum) and with their return.” (“Fortfarande har Italien inte kommit med någon formell begäran om hjälp men vi tittar förstås på hur vi skall kunna bistå både humanitärt, praktiskt med screening av eventuella flyktingar (hittills verkar det inte som om någon av de tuniseier som kommit till Italien har begärt asyl) och med återvändande.”)

Click here for the Frontex statement and here for Malmström’s blog.

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Statement by PACE President Çavusoglu Regarding the Arrivals in Lampedusa

PACE President Mevlüt Çavusoglu released a statement today concerning the arrivals in Lampedusa and elsewhere in Italy and called for the proper treatment of those who are arriving, including granting of international protection where appropriate, and asking that there be no mass expulsions.  The statement also said that “it is also absolutely necessary that Europe share the responsibility for these people. Today it is Italy taking the brunt. Tomorrow it could be Malta, next week it could be Greece, in a year Turkey. All of Europe is concerned. In this context, the EU Agency Frontex has an important role to play, but it must abide by all the maritime and human rights provisions applying to rescue and interception at sea.”

The statement also referenced PACE Resolution 1637 (2008), “Europe’s boat people: mixed migration flows by sea into southern Europe” whose provisions include the following:

“9. The Assembly calls on Mediterranean member states of the Council of Europe receiving mixed flows of irregular migrants, refugees and asylum seekers to:

9.1. comply fully with and, when applicable, implement international and regional human rights law, including the European Convention on Human Rights (ETS No. 5), international refugee law, and European Union legislation, including Council Directives 2003/9/EC (laying down minimum standards for the reception of asylum seekers), 2004/83/EC (“refugee qualification directive”) and 2005/85/EC (“refugee procedures directive”);

9.2. comply fully with international maritime obligations on search and rescue, and examine fully any allegations of breaches of these obligations, including allegations of boats being refused assistance and being “pushed back”;

9.3. progressively proscribe administrative detention of irregular migrants and asylum seekers, drawing a clear distinction between the two groups, and in the meantime allow detention only if it is absolutely necessary to prevent unauthorised entry into the country or to ensure deportation or extradition, in accordance with the European Convention on Human Rights; [***]

Click here for Statement.

Click here for PACE Resolution 1637 (2008).

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PACE President Çavusoglu: ECtHR Decision “explodes myth that Europe is able to protect the rights of refugees”

PACE President Mevlüt Çavusoglu issued a statement regarding today’s Grand Chamber decision in the CASE OF M.S.S. v. BELGIUM AND GREECE (Application no. 30696/09) (also FR):

“‘The European Court of Human Rights today delivered a milestone judgment damning how Europe is protecting its refugees, asylum seekers and irregular migrants,’ today said Council of Europe Parliamentary Assembly (PACE) President Mevlüt Çavusoglu.

‘While the M.S.S. v. Belgium and Greece judgment is only against two member states, the implications of the judgment will be rippling through the capitals of Europe,’ he added. ‘The myth that European Union member states are safe places to return asylum seekers has been exploded by the European Court of Human Rights.’

The President stated that the Court had found massive deficiencies in detention conditions in Greece and in the procedures and remedies designed to safeguard the rights of asylum seekers, refugees and irregular migrants in Europe. He commented that Greece was not alone in failing on detention safeguards and that the Assembly had recently addressed recommendations to all member states on steps to improve detention facilities in Europe.

‘What is also clear from this judgment is that the so-called EU ‘Dublin system’ for determining the state responsible for deciding an asylum decision has to be changed as a matter of urgency. It is based on the false premise that EU member states are all safe and able to cope. They are not, and the ‘Dublin system’ creates enormous burdens on front-line states, such as Greece,’ the President declared.

He called on the EU to work with the Council of Europe, UNHCR and others, to solve the problem of returns under the “Dublin system” and reiterated a concern repeatedly highlighted by the Assembly that Europe needs to make its asylum systems fairer (see PACE Resolution 1695 (2009)) and needs clear rules on detention of irregular migrants and asylum seekers (see PACE Resolution 1707 (2010)).

‘Europe has European Prison Rules applying to criminals, but we still do not have similar rules for irregular migrants and asylum seekers who have committed no crime,’ he concluded.”

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UNHCR Issues Protection Policy Paper: Maritime Interception Operations and the Processing of International Protection Claims

The UNHCR has issued a Protection Policy Paper: “Maritime interception operations and the processing of international protection claims: legal standards and policy considerations with respect to extraterritorial processing.” (Nov. 2010).

The “paper outlines UNHCR’s views on extraterritorial processing of claims for international protection made by persons who are intercepted at sea.”  UNHCR’s position is that it is not possible to conduct a full and adequate RSD onboard a ship and therefore intercepted persons should in most circumstances be disembarked in the territory of the intercepting state to have their claims for protection considered in regular in-country RSD procedures.

The paper should be read in its entirety (17 pages).  Here are some excerpts (with most footnotes omitted):

“1. Governments in some regions have adopted, or are considering, measures to process certain claims for international protection outside of their territory.  This is particularly the case following maritime interception operations, 2  where asylum-seekers and migrants are prevented from reaching their destination while on the high seas or in the territorial waters of a third State. …

(Ftnt 2 There is no internationally accepted definition of interception, and its meaning is largely informed by State practice. A working definition is provided in Executive Committee Conclusion No. 97 (LIV) (2003) on Protection Safeguards in Interception Measures, available at http://www.unhcr.org/41b041534.html .)

4. If extraterritorial processing is part of a comprehensive or cooperative strategy to address mixed movements, the location of reception and processing arrangements is only one relevant element. With its 10-Point Plan on Refugee Protection and Mixed Migration, (‘10-Point Plan’), UNHCR has developed a tool that provides suggestions across a number of areas, … This paper should be read in conjunction with the 10-Point Plan, and related strategies for comprehensive State cooperation in this field.

[…]

9. The existence of jurisdiction triggers State responsibilities under international human rights and refugee law.  It is generally recognized that a State has jurisdiction, and consequently is bound by international human rights and refugee law, if it has effective de jure and/or de facto control over a territory or over persons….

(Ftnt 10 Some governments have argued that an intercepting State may not have jurisdiction under international law over persons located on parts of its territory that have been excised under domestic law (e.g. declared ‘international’ or ‘transit’ areas in airports, ports and border areas, or other parts of State territory including remote territories or islands), on high seas, or on the territory of a third State that is under the control of the intercepting State (e.g. because the intercepting State is responsible for a military base or reception centre). Such arguments are inconsistent with the notion of jurisdiction under international law. Domestic law is not determinative of the existence of jurisdiction as a matter of fact under international law: The Vienna Convention on the Law of Treaties, 1155 U.N.T.S. 331, 8 I.L.M. 679, entered into force 27 January 1980, Article 27 (providing that a State may not invoke the provisions of its internal law as a justification for its failure to perform a treaty); see also Article 3 of ILC, Draft Articles on the Responsibility of States for International Wrongful Acts with Commentaries (2001).)

55. Processing onboard maritime vessels is generally not appropriate. In exceptional circumstances, that would need to be defined further, initial profiling or prescreening onboard the maritime vessel by the intercepting State may be one solution to ensure that persons with international protection needs are identified and protected against refoulement. Following profiling, those persons identified as having potential protection needs would need to be disembarked in the territory of the intercepting State to have their international protection claims considered in regular in-country RSD procedures….

56. In general the carrying out of full RSD procedures onboard maritime vessels will not be possible, as there can be no guarantee of reception arrangements and/or asylum procedures in line with international standards….”

(My thanks to Dr. Neil Falzon, former Head of UNHCR’s Malta Office, for bringing this to my attention over a week ago – and my apologies for being behind in email and updates. –nwf)

Click here for complete Paper.

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