Category Archives: Libya

by | 02 Feb 2011 · 06:49

WikiLeaks 2009 US Cable: Libya takes back 500 Italy-bound migrants

This US Department of State cable, released by WikiLeaks on 31 Jan 2011, was written in May 2009 and describes the first major interdictions of migrants by Italy under the terms of the Italian-Libyan Friendship Agreement.  The events described in the cable are the subject of the communicated case currently pending before the Second Section of the European Court of Human Rights, Hirsi and others v Italy, Requête no 27765/09.  Click here for previous post on the Hirsi case.

Excerpts from the Cable:

“Implementation of a key component of the Italian-Libyan “friendship agreement” has begun, as Italy has returned approximately 500 migrants rescued and interdicted at sea to Libya over the past week. Libyan authorities have notified the local offices of IOM and UNHCR before returning boats arrive in Tripoli to facilitate medical screening, identification, and consular notification. The returnees are then placed in immigrant detention centers. UNHCR has interviewed a number of the detained returnees, noting that only “a handful” of the 500 are likely asylum seekers – mostly of Somali and Eritrean origin; the rest are economic migrants….”

“Libya has accepted the return of three tranches of migrants interdicted or rescued at sea by Italian authorities in recent days, beginning implementation of a key component of the Italian-Libyan “friendship agreement” signed last August aimed at reducing the flow of migrants from Libya to Italy. In each case, the Italians contacted the Libyan navy, which agreed to accept their return to Libya. The Libyan navy did not/not agree to take the migrants on Libyan vessels; rather, in one case, it instructed Italian energy company ENI, which operates an offshore platform in the area, to tow an African vessel to shore; in the other cases, it permitted the Italian navy to transport the migrants back to Tripoli. Once in Tripoli, according to the Italian Embassy, the migrants were processed in an orderly fashion and sent to a detention center.”

“The first group of 227 returnees arrived in Tripoli on May 7. A regional IOM team in Tripoli implementing a G/TIP-funded workshop to enhance Libya’s response to human smuggling and trafficking was on hand to help screen the arrivals and visit one of the three detention centers where the migrants were held….”

“IOM staff here characterized the recent returnees as “the usual suspects” of Nigerian, Nigerien, Ghanaian, and South Asian nationality. The UNHCR mission reportedly interviewed many of the returnees and found fewer than 10 migrants who were likely asylum seekers including “four or five” Somalis and “a handful” of Eritreans….”

Click here or here for the full cable.

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by | 02 Feb 2011 · 05:48

WikiLeaks 2009 US Cable: UN Official says Libya, Italy shirking HR responsibilities

Several US State Department cables discussing Libya, Italy, Malta, and the EU have been released over the past several days by WikiLeaks.  I will post several of the memos over the next day or so.

Among the cables released by WikiLeaks on 31 January 2011, is a Cable written in August 2009 by Gene Cretz, US Ambassador to Libya.  The cable is headed: “UN OFFICIAL SAYS LIBYA, ITALY SHIRKING HUMAN RIGHTS RESPONSIBILITIES.” Excerpts from the cable:

“In a July 28 [2009] meeting with Pol/Econ chief and Poloff, UNHCR Chief of Mission Mohammed al-Wash complained that Italy was breaking its commitments to support UN and EU charters on human rights by returning asylum seekers to Libya with other economic migrants, and strongly denounced the Italian Coast Guard’s tactics while forcing migrants to return. He cited the example of the return of 80 migrants — including several refugees registered with UNHCR in Tripoli, Addis Ababa, and Cairo — interdicted by Italy on or around July 1 who later related their story to UNHCR staff. When the vessel carrying the migrants was stopped, three Eritrean representatives reportedly asked to speak with the Italian ship’s commander to inform him of their refugee status. Several on the boat produced their UNHCR attestations for the commander. Replying that he was under strict orders from his government to return migrants to Libya, the Italian commander reportedly ordered that all migrants – including those registered with UNHCR — be removed from their vessel for transport to Libya. Some of the migrants refused, leading to physical altercations between the migrants and the Italian crew that ended with the Italians beating some Africans with plastic and metal batons, leaving at least six injured. Migrants on the boat reportedly filmed the incident with their mobile phones, leading the Italian crew to confiscate phones, documents, and personal belongings that have not yet been returned….”

“Al-Wash alleged that the Italian government was intentionally stonewalling the UN. According to al-Wash, Italian Ambassador Francesco Trupiano refuses to meet with UNHCR and told al-Wash that he was a “troublemaker.” Al-Wash believed that that Trupiano was single-mindedly focused on returning migrants to Libya and claimed to be unaware that Rome had agreed in principle to accept 63 refugees for resettlement from Libya. UNHCR has also submitted to the GOI a list of 93 refugees that have been returned since Italy and Libya began joint patrols in May. According to al-Wash, Rome agreed to accept “20 or 30″ of the 93 refugees, provided EU states committed to a burden-sharing agreement, though states did not seem eager to undertake one. Al-Wash was hopeful the EC would intercede to bring Italy in line, citing the EC’s inclusion of Libya signing an MOU with UNHCR as part of its requirements for a Framework Agreement (ref A) and a recent letter from the Commission to the Italian Interior Ministry, reminding it of its obligations under the EU’s Human Rights Charter….”

“Al-Wash alleged that the Italian government was intentionally stonewalling the UN. According to al-Wash, Italian Ambassador Francesco Trupiano refuses to meet with UNHCR and told al-Wash that he was a “troublemaker.” Al-Wash believed that that Trupiano was single-mindedly focused on returning migrants to Libya and claimed to be unaware that Rome had agreed in principle to accept 63 refugees for resettlement from Libya. UNHCR has also submitted to the GOI a list of 93 refugees that have been returned since Italy and Libya began joint patrols in May. According to al-Wash, Rome agreed to accept “20 or 30″ of the 93 refugees, provided EU states committed to a burden-sharing agreement, though states did not seem eager to undertake one. Al-Wash was hopeful the EC would intercede to bring Italy in line, citing the EC’s inclusion of Libya signing an MOU with UNHCR as part of its requirements for a Framework Agreement (ref A) and a recent letter from the Commission to the Italian Interior Ministry, reminding it of its obligations under the EU’s Human Rights Charter.”

Click here or here for the full memo.

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by | 26 Jan 2011 · 06:55

EP Adopts Recommendation to Council on EU-Libya Framework Agreement

On 20 January 2011 the European Parliament adopted a slightly watered down recommendation to the Council regarding the negotiations on the EU-Libya Framework Agreement.  The adopted text is similar in most, but not all respects to the Draft Proposal prepared 23 November 2010 by the Committee on Foreign Affairs and Rapporteur MEP Ana Gomes.  One substantive difference between the draft proposal and the final adopted text is a weakening of the language addressing the negotiation of the readmission agreement with Libya.  The final adopted text is also critical of the secrecy of the Council/Commission negotiations with Libya.

The Draft Proposal prepared by MEP Ana Gomes in Nov. 2010 called for an end to negotiations on the readmission agreement with Libya given the poor human rights conditions in Libya.  (Click here (pdf) or here for ECRE interview with MEP Gomes.)  The final text eliminated the call for an end to negotiations on readmission and replaced the language with a call for the respect of the rights of persons subjected to a future readmission agreement.

The Draft Proposal’s language stated:

“(d)  [the Council is urged] to cease pursuing a readmission agreement with Libya, as sending individuals back to a country with a record of continuous human rights violations and the use of the death penalty would be in breach of EU legal obligations;”

The final adopted text now states:

“(d)  [the Council and the Commission are reminded] of their obligations to ensure full compliance of the EU’s external policy with the Charter of Fundamental Rights, particularly its Article 19, which prohibits collective expulsion and grants the principle of ‘non-refoulement’;

[***]

(f)  [the Council and the Commission are urged] to ensure that a readmission agreement with Libya could only be envisaged for irregular immigrants, excluding therefore those who declare themselves asylum-seekers, refugees or persons in need of protection, and reiterates that the principle of ‘non-refoulement’ applies to any persons who are at risk of the death penalty, inhumane treatment or torture;”

The final adopted text is critical of the secrecy surrounding the Commission’s negotiations with Libya:

“(a) [The Parliament] [n]otes the recent Council decision to finally allow a limited number of Members of Parliament to read the mandate given to the Commission to negotiate a Framework Agreement between the EU and Libya; regrets however the delay in this decision and calls for the EP to be granted access to the mandates of all international agreements under negotiation, in accordance with Article 218(10) TFEU, which states that Parliament shall be immediately and fully informed at all stages of the procedure;”

The final text urges the Council and Commission to take steps to encourage Libya to ratify and implement various international agreements and to allow the UNHCR to work within the country.  For example, the Council and Commission are urged-

  • “to strongly recommend that Libya ratify and implement the Geneva Convention on Refugees of 1951 and its 1967 Protocol, including full cooperation with UNHCR so as to guarantee adequate protection and rights for migrants, and adopt asylum legislation that recognises refugees‘ status and rights accordingly, notably the prohibition of collective expulsion and the principle of ’non-refoulement‘;”
  • “to request that the Libyan authorities sign a Memorandum of Understanding granting UNHCR a legal presence in the country, with a mandate to exercise its full range of access and protection activities;”
  • “to encourage Libya to fully respect its pledges given when acceding to the UNHRC and thus urges Libya to issue standing invitations to those appointed under UN special procedures such as the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on torture, the Special Rapporteur on freedom of expression and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance as well as the Working Group on enforced and involuntary disappearances and the Working Group on arbitrary detentions, as requested in the recent Universal Periodic Review on Libya; calls in the same spirit for unfettered access to the country for independent scrutiny of the overall human rights situation;”

Click here for final adopted text.

Click here for draft proposal.

Click here for link to EP’s Procedure File – Negotiations on EU-Libya Framework Agreement.

Click here (pdf) or here for ECRE interview with MEP Ana Gomes.

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by | 26 Nov 2010 · 07:24

INEX Report and Interview with Frontex Director Laitinen

A final report prepared as part of the INEX Work Package 3 “Value Dilemmas of Security Professionals” has just been released.  The Report is entitled “Ethical Security in Europe? Empirical Findings on Value Shifts and Dilemmas across European Internal-External Security Policies.”  The report’s authors are Dr. Matteo Tondini and Dr. Isabelle Ioannides.  The report contains extensive empirical findings and policy recommendations that are based primarily on two case studies: “the recent interception of migrants in the Central Mediterranean Sea undertaken by the Italian authorities” and “the implementation of anti-terrorism/radicalisation measures in the Netherlands and the UK.”

The report contains a significant amount of information which will be of interest to anyone concerned with migrant interdiction practices in the Mediterranean (and elsewhere).  I will try to post a few summaries of some portions of the report in the coming days, but in the meantime I wanted to call attention to an interview that was conducted in May of this year by Dr. Tondini with Frontex Executive Director Ilkka Laitinen as part of the research project.  A transcript of the interview is included in the report. [INEX Laitinen Interview 12May2010]

In the interview Mr Laitinen said that contrary to the information contained in the Human Rights Watch Report of 21 September 2009, Frontex had no involvement in the 18/19 June 2009 incident where Italian and Libyan authorities jointly intercepted and returned a group of migrants to Libya.  He noted that the recent agreements between Libya and Italy had closed the central Mediterranean migration route and that it is therefore now “the right moment for the Agency to intervene, with the aim of consolidating the results achieved so far … The only way of doing this is to cooperate with neighbouring countries such as Libya.”  And while Mr Laitinen stated that the “respect of fundamental rights is a crucial part of the European border control service” he also stated that “the right of boat people to claim asylum or other forms of protection outside [Member States’] territorial waters is not yet acknowledged Europe-wide.”  In response to this latter point, Dr. Tondini pointed out that it is the position of the Italian government that if an asylum claim is made on board an Italian vessel, the asylum seeker is supposed to be transported to Italy for the purpose of making a formal claim.

(Thank you to Matteo Tondini for sharing the Report.)

Click here for the final Report.

Click on this link- INEX Laitinen Interview 12May2010 -for the transcript of the Interview.

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by | 25 Nov 2010 · 03:53

EC Request for Services: “Technical Assistance for the Identification and Formulation of a Programme of Support to the Libyan Authorities in the field of Migration” (26 Nov Deadline)

This was just posted on the SRLAN listserve.  The deadline for an expression of interest has been extended to 26 November (but this date should be verified):

“Dear Sir,  I would like to inform you about a new EC funded project, entitled: ‘Technical Assistance for the Identification and Formulation of a Programme of Support to the Libyan Authorities in the field of Migration’.

We are looking for 2 Experts mastering English, from January 2011, with the following profile:

Expert in Migration/Team Leader:

  • Master Degree (or higher academic degree) in an area relevant to Migration (Law, Political Sciences, Humanities, Sociology, etc).
  • At least 10 years of professional experience in the field of Migration.
  • Thorough knowledge of migration policies and strategies, in particular the EU global approach to migration and the international set of rules, laws and conventions related to border management, migration and asylum.
  • Experience in the identification, formulation, and management of programmes of support or technical assistance in the framework of the EC external aid to third countries.
  • Fluency in written and spoken English.
  • Knowledge of development issues in North Africa and the Middle East and/or Sub-Saharan Africa.
  • Good understanding of the social and economic policies of the EU
  • Ability to manage and lead a team.
  • Excellent writing and communication skills
  • Knowledge of Arabic is considered an asset.

Expert in International Law (other field could be International Relations):

  • Master Degree (or higher academic degree) or equivalent professional experience in the field of International law, International Relations or Migration.
  • At least 10 years of professional experience in the field of migration.
  • Thorough knowledge of migration policies and strategies, in particular the EU global approach to migration and the international set of rules, laws and conventions related to border management, migration and asylum.
  • Fluency in written and spoken English.
  • Good knowledge and working experience in the Middle East and North Africa Region.
  • Experience in project management, identification, formulation, implementation and evaluation of similar EC funded projects.
  • A good understanding of the economic and social policies of the European Union.
  • Knowledge of Arabic is considered an asset.
  • Excellent writing and communication skills.

Please find attached the ToRs for further details.  Should you be interested in partaking in the offer please reply by return of mail and send me your updated Cv (according to the attached model) before 21/11/2010 and I will inform you about the application process.

Nadia Bedhiaf
Assistant Project Manager
+216 71 76 68 66
+216 71 76 69 66
www.ccm-cg.com ”

From the Terms of Reference: “… The assignment will provide the necessary information for the beneficiary of the EU contributions (Libyan Authorities responsible for the management of borders and mixed migration flows) and Delegation of the European Union to Libya (DEU) to formulate a Cooperation and Technical Assistance Programme between the EU and Libya on Migration related issues, including management of borders and mixed migration flows.

The identification and formulation of this programme will be divided in two parts:

i) Programme to Support the Libyan authorities to enhance the management of borders and migration flows (10 million Euros) [and] ii) Programme to support the Libyan authorities on migration related issues, risks and challenges (30 million Euros) [***]

The assignment will include:

1. An analysis of the sector and needs assessment of the migration sector in Libya, in relation to border management, the management of migratory flows, and international protection. In this sense it will identify the social, demographic, financial, legal or institutional constraints to the implementation of actions and the design of policies to effectively manage migration in Libya.

2. Support the consultation and dialogue process on the migration related issues and policy between the Government of Libya and the Delegation of the European Union to reach a common agreement on the areas of intervention of the programmes.

3. Present in a clear and exhaustive manner the objectives, the actions, the expected results and the possible indicators of the programmes being identified and formulated. [***]”

Click on this link- TofR_066810_1-1 -for Terms of Reference and on this link- CVtemplateEnglish -for CV template.

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by | 24 Nov 2010 · 18:41

Eritreans Diverted from Libya Held by Human Smugglers at Egypt-Israel Border

Several organizations, including Gruppo EveryOne, are making an appeal on behalf of a group of 80 Eritreans who are reportedly being held by traffickers at the Egypt-Israel border. The Eritreans apparently departed Tripoli en route to Israel.  This incident provides anecdotal evidence that African asylum seekers are attempting to enter Israel because the Central Mediterranean sea route to Europe has for all practical purposes been closed by the Italian-Libyan push-back practice in effect since May 2009.

Click here (EN) or here (IT) for the Gruppo EveryOne appeal.

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by | 22 Nov 2010 · 05:48

Frontex Map: Current Situation at the External Borders (JANUARY – SEPT 2010)

Frontex has released an updated Third Quarter map, January-September 2010, showing data regarding the situation at the external borders.   Note the information on the map pre-dates the deployment of the Frontex RABIT forces to the Greek border in October/November.  The data shows a 369% increase in detected irregular crossings along the Greek-Turkey land border over the first three quarters of 2010 compared to 2009.

The significant reduction in migrants detected at maritime borders continues:

  • Jan-Sept 2010:   11.163 (estimated preliminary data)
  • Jan-Sept 2009:   39.084
  • 71% reduction

Data by route:

Central Mediterranean route

  • Italy:
    • Jan-Sept 2010:     2.866
    • Jan-Sept 2009:    8.289
    • 65% reduction
  • Malta:
    • Jan-Sept 2010:    29
    • Jan-Sept 2009:    1.289
    • 98% reduction

Western Mediterranean route

Spain (land border):

  • Jan-Sept 2010:   1.089
  • Jan-Sept 2009:   1.369
  • 20% reduction

Spain (sea border excluding Canary Islands):

  • Jan-Sept 2010:   2.592
  • Jan-Sept 2009:   3.540
  • 27% reduction

West African route – Canary Islands (Spain):

  • Jan-Sept 2010:   16
  • Jan-Sept 2009:   2.212
  • 99% reduction

Eastern Mediterranean route

Greece (TUR land border):

  • Jan-Sept 2010:   31.021 (estimated preliminary data)
  • Jan-Sept 2009:   6.616
  • 369% increase

Greece (sea borders):

  • Jan-Sept 2010:   5.606 (estimated preliminary data)
  • Jan-Sept 2009:   23.735
  • 76% decrease

Click here to view Jan-Sept 2010 Map.

Click here for link to Jan-June 2010 Map.

Click here for link to 2009 Map.

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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 | 09 Nov 2010 · 04:27

Libya Purchases Coastal Surveillance System

Libyan officials signed a €20 million contract on 14 October to purchase a national coastal surveillance system from Transas Marine, an Irish company.  According to the company’s press release, the system “will ensure continuous surveillance of the territorial waters, safety of navigation, reduction of illegal immigration and protection of the marine environment.”  The system is scheduled to become operational in 16 months.  Malta Today noted that the “deal was inked after the European Commission … offered Libya up to 50 million euros in aid to stop the flow of illegal migrants to Europe and to protect refugees.”

Click here for article.

Click here for Transas Marine press release.

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by | 12 Oct 2010 · 05:56

New Paper: M Tondini, “Fishers of Men? The Interception of Migrants in the Mediterranean Sea and Their Forced Return to Libya”

A new legal paper by Dr Matteo Tondini entitled “Fishers of Men? The Interception of Migrants in the Mediterranean Sea and Their Forced Return to Libya” is available.  This paper should be read by anyone with any interest in Italy’s current push-back practice with Libya.  Dr Tondini is currently a post-doctoral researcher at the Vrije Universiteit Amsterdam – Faculty of Social Sciences – Department of Governance Studies.  The paper has been produced as part of the INEX Project, financed by the EC under the FP7 (http://www.inexproject.eu).

The paper refers to some unpublished material and interviews. Here is the abstract:

“This paper presents an extensive account and assesses the legality of the recent naval constabulary operations – undertaken by Italian and Libyan military vessels – in the central Mediterranean Sea, aimed at intercepting boat people in international waters and returning them to the Northern African coasts. If considered as a border control operation, the interception of migrants and their debarkation in a third country often lacks a valid legal basis. The latter is easier to be found under maritime law, by ‘labelling’ interceptions as rescue missions. Nevertheless, such operations must be conducted according to state obligations under human rights law and refugee law (especially the non-refoulement rule), which only allow Italian vessels to disembark boat people to a ‘safe third country’. The paper concludes that since Libya cannot be considered a ‘safe third country’ in this sense, the interception of migrants on the high seas and their forced return to Tripoli may entail violations of maritime, human rights, migration and refugee law at both an international, European and domestic level.”

Click here or here to access the paper.

(Thank you to Dr Tondini for bringing this paper to my attention.)

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by | 12 Oct 2010 · 05:23

ECRE Critical of EU Migration Agreement with Libya

ECRE has posted a statement on its web site that is very critical of the recent EU-Libya Migration agreement.  Also posted is an interview with MEP Sylvie Guillaume (S&D, France) who is a member of the LIBE Committee where she discusses the human rights implications of the EU agreement.

Excerpts from ECRE’s Statement:  “It is difficult to understand why the EU is finalising a deal with the political dictatorship in Libya on issues that impact the fundamental rights of thousands of people. In June this year, Tripoli ordered the UN Refugee Agency, UNHCR, to close its offices in the country, a perfect illustration of Libya’s particular understanding of refugee protection and the unreliable nature of the regime under Colonel Gaddafi. Can we honestly think that refugees are safe in Libya? …

Through this ‘migration cooperation agenda’, the EU is trusting Libya to stop irregular migration towards Europe and to decide on the fate of those asylum seekers who will find it now even harder to reach safety in Europe. This follows last year’s highly questionable agreement between Rome and Tripoli to allow Italy to push back migrants to Libya without assessing their need for international protection. Since then, hardly any refugee has managed to reach Italy by sea. The EU Governments and the European Commission have so far turned a blind eye….

In particular, EU representatives have committed to assist Tripoli in reinforcing its capacity to prevent migrants from entering Libya through its Southern borders and in developing its patrolling capacities in its territorial waters and at high sea. The agreement also covers EU’s assistance to Libya in screening migrants in order to identify those in need of international protection. By setting up EU-sponsored asylum processing centres in Libya, EU States would evade their obligations to protect refugees and shift the responsibility to a country with an appalling human rights record….”

Click here for full statement.

Click here (EN) and here (FR) for interview with MEP Sylvie Guillaume.

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by | 08 Oct 2010 · 03:36

Erika Feller’s Comments Regarding Boat People and Irregular Secondary Movements

During her annual address to the UNHCR’s Executive Committee on 6 October, Assistant High Commissioner for Protection Erika Feller reviewed significant protection issues over the past year, noting also that 2010 marks the 60th anniversary of the founding of the UNHCR in December 1950 and the 59th anniversary of the Refugee Convention.

Among the topics she addressed were the challenges posed by the arrival of irregular secondary movements of migrants, including boat people.  She is critical of interdiction practices being carried out throughout the world and makes the strong point that “[t]he evidence suggests that tough sea policies have not solved, just changed and indeed complicated the dynamics, of irregular movements.”  While Ms. Feller does not identify countries by name, she is apparently referencing increased maritime interdiction in the Aegean Sea and the resulting surge in irregular crossings along Greece’s land borders.  The point could also be made in regard to the Italian push-back practice.

Excerpts from her address:

“Arrivals of undocumented migrants continue to test the capacity of States, with the problem of so-called “irregular secondary movement” exacerbated in recent years by boat arrivals. The Pacific, the Mediterranean, the Caribbean or the Gulf of Aden are all regular theatres, with ‘boatpeople’ being interdicted, intercepted, turned around, ignored by passing ships, shot at, or denied landing. Even when rescued, disembarkation somewhere has no guarantees attached, as an incident currently playing out off the Somalia/Djibouti coasts starkly reminds us.

All this is seriously at odds not only with protection principles but also with the reality that when they manage to gain access to territory and asylum processes, a large percentage of asylum-seekers who come by boat are actually found to be refugees. …

Boat arrivals can provoke fears and high emotions which may be difficult for Governments to manage. However, in our experience, an approach built predominantly around closing borders and trying to prevent movement is not the answer, as it does not work. In fact it can make situations even more difficult to deal with. Developments in relation to one country that has pursued a tough policy towards boats are actually quite revealing. While arrivals by sea are dramatically down, arrivals by land have basically doubled. In addition, while sea arrivals had been able to be concentrated through being channeled to one main reception point, land arrivals now come through multiple crossing points and have been able to disperse more effectively and rapidly through the community, below any radar screen. The evidence suggests that tough sea policies have not solved, just changed and indeed complicated the dynamics, of irregular movements….

The phenomenon of refugees on the move for non-protection reasons is also growing. Numbers and categories vary with the regions but the concern is global. On the African continent, where camps are more the norm than the exception, it is preoccupying that camp environments are starting to be compromised by a form of transit migration to and through them, with refugees, and others, seeking to use their facilities for R&R en route to a more distant destination. Just as concerning has been the misuse of reception centers as way-stations, or even lucrative recruitment opportunities for smugglers and traffickers. These facts are not a rationale for abandoning camps or centers. They are, though, a solid reason to rethink how better to manage them within a burden sharing framework….”

Click here for full address.

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by | 06 Oct 2010 · 20:05

Cecilia Malmström: Back From Libya

Commissioner Malmström writes her own blog, Cecilia Malmström Mitt Europa (My Europe).  Here is her most recent posting regarding her trip to Libya (translated from Swedish with Google Translate).  There are several points worth noting – and worrying about.  She notes that Libya is not a signatory to the 1951 Refugee Convention or 1967 Protocol.  (Though Libya is a signatory to the OAU Refugee Convention.)  She suggests that the new migration agreement between the EU and Libya will involve the UNHCR, but no insight is offered regarding whether or how the UNHCR might return to Libya.  She concedes that the European Commission does not know all of the details of the bi-lateral agreement between Italy and Libya which has resulted in the current push-back practice in the central Mediterranean.  And she seems to say that she was greatly troubled by what she saw when she visited one of the southern migrant detention centres in Libya during her official trip.

Translated excerpts:

“Just returned from Libya … I have been there to try to initiate a dialogue between the EU and Libya on issues relating to asylum, migration and international protection. … I believe it is necessary to have a dialogue with Libya.

Libya has not signed the Geneva Convention and the concept of asylum is not in Libyan law. … Since Italy and Libya signed an agreement, which we unfortunately do not know everything about, it has basically been that case that no boats are crossing the Mediterranean.

Against this background, I see it as progress that the first time we have agreed a text with Libya, a version of a plan for cooperation, which deals with issues of asylum and international protection…  Our aim is to identify people in need of international protection, while helping Libya to raise standards in the detention centres in order to provide decent conditions to people. We also address the issues of border control, labor migration and human smuggling in this plan for cooperation. From the EU side, we are prepared to put up 50 million euros over three years to support reforms. These will obviously not be given as a blank check to Libya but will be provided using the guidelines of the European Commission. For example, we support specific projects by various organizations, including the UNHCR.

Besides holding talks with Libyan ministers, I also visited Libya’s southern border in the middle of the desert, observed International Organisation for Migration activities in Libya, and visited one of the detention centres where many migrants have ended up. I had the opportunity to talk to some of the people there.  Several of these stories that I heard have kept both me and my staff awake at night. …”

Click here for the full posting.

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by | 06 Oct 2010 · 05:28

EU and Libya Sign “Unclear” Migration Cooperation Agreement

At the end of a two day visit to Tripoli, 4-5 October, Cecilia Malmström, European Commissioner for Home Affairs, and Štefan Füle, European Commissioner for Enlargement and European Neighbourhood, signed a “migration cooperation agenda” with Libya.  The European Commission issued a Press Release with details of the negotiations and signed agreement.

The specific contents of the full agreement and negotiations however are not clear.  “‘What worries us is the vagueness of the deal,’ Annelise Baldaccini from Amnesty International told [euobserver.com]. ‘We do not know what the EU has signed up to. It mentions for instance addressing the burden of recognised refugees and rejected asylum seekers, but it does not say what this involves.’”

Here are some excerpts from the Commission press release:

In the framework of the visit an agreement on a migration cooperation agenda was signed yesterday evening in Tripoli by Commissioner Malmström, Commissioner Füle, M. Moussa Koussa, the Secretary of General People’s Committee for Foreign Liaison and International Cooperation, and M. Yunis Al-Obeidi, the Secretary of General People’s Committee for Public Security. This is a Cooperation agenda between the European Commission and Libya, including concrete steps on border surveillance system, mobility-related issues, smuggling and trafficking in human beings, and dialogue on refugees and international protection.

Commenting the signature of the Cooperation agenda Commissioner Malmström said: ”It is my objective to put the protection of fundamental rights of all people involved in migratory and asylum flows at the centre of our efforts in the EU relationship with Libya. The Cooperation Agenda will enable us also to promote initiatives aimed at better protecting and assisting the rights of migrants and refugees’.

Commissioner Füle said: “I welcome agreeing on this cooperation agenda because this is an important first step to solve the serious challenge irregular migration poses not only to Libya but also to the EU. This step is part of the much broader relationship we are trying to build together. It was clear from our talks in Tripoli that both EU and Libya have at heart to sustain the new momentum in our relationship over recent months.”

The EU and Libya also discussed the establishment of an informal group of senior officials that would oversee the implementation of the list of possible initiatives in the field of migration cooperation. The proposed initiatives will be implemented through a variety of means, ranging from the sharing of experience and best practices, as well as financing of actions, including the acquisition of equipment in accordance with applicable rules.

Both sides agreed on the following initiatives for possible further dialogue and cooperation.

1. Regional and Pan african dialogue and cooperation

  • Increasing joint efforts in the development of African countries of origin of migration. This would build on the serious and substantial efforts of Libya and the European Union as major donors to African countries. In this context, the EU and Libya will continue to address root causes of migration in the countries of origin of migrants travelling through Libya and creating viable alternatives to migration in these countries.
  • The EU and Libya will support awareness campaigns to take place in main countries of origin of migrants transiting through North Africa and Libya specifically to alert migrants to the dangers of irregular migration.
  • Libya and the EU will work together in the implementation of the “Declaration of Tripoli on Migration and Development” of 2006, and the EU-Africa Migration, Mobility and Employment Partnership adopted in Lisbon in 2007.
  • Libya and the EU will increase dialogue and exchange information regarding the issue of smuggling of human beings and related illicit traffics reaching Libya from other countries and the EU from Libya.
  • Libya and the EU will also establish an informal consultative group that will exchange information on development policies benefitting Africa, and possibly also to identify development projects in sub Saharan Africa. This group will be composed by the Libyan administration, by the representatives of the European Commission and of the EU member States which are willing to participate.

[***]

3. Ensuring effective management of migratory flows

  • Supporting the development in Libya of a more efficient system to manage labour migration. This could be done by allowing to maximise the skills of the migrants already present in the country and of the newcomers.
  • Enhancing the capacities of Libyan authorities, Libyan NGOs and international organisations, to properly launch and implement search and rescue operations aimed at saving lives of migrants in the desert or on high seas and to provide them with the necessary humanitarian assistance.
  • Providing decent treatment, reception and assistance – in line with international standards – to irregular migrants intercepted or readmitted or to be returned by Libyan authorities, or stranded in Libya, with focus on migrants belonging to vulnerable categories (like unaccompanied minors, victims of trafficking; pregnant women, and families with small children). This could build on the activities already carried out in Libya by the local authorities, international organisations and NGOs.
  • Offering assisted voluntary return home to irregular migrants intercepted or readmitted or to be returned by Libyan authorities, or stranded in Libya or in the countries of origin, as well as offer support for their social and professional reintegration.
  • Enhancing the capacity to address smuggling and trafficking in human beings, with reference in particular to the two respective protocols of the 2000 UN Convention on the Trans-national organised Crime, and in view of reinforcing the capabilities of law enforcement officials in charge of the implementation of this legislation, by taking also into the account the Ouagadougou Action Plan to combat Trafficking in Human Beings.

4. Border management

  • Carrying out a gap-analysis on the current functioning modalities of the Libyan border and immigration services, aimed at reinforcing the capacity of the latter to prevent the irregular migration flows from entering Libya from its Southern borders.
  • Strengthening cooperation between Libya and the neighbouring and other transit and origin countries, in the border surveillance and in the prevention of attempts of irregular migrants and smugglers to violate Libyan borders, through promoting joint patrolling, intelligence sharing, the development of joint training, the facilitation of working contacts and the establishment of dedicated communication channels aimed at transmitting early warnings and sensible data.
  • Supporting the development of Libyan patrolling, search and rescue capacities in its territorial waters and at high sea. Delimiting the search and rescue region for which it Libya is responsible, pursuant to the SAR Convention it has ratified.
  • Establishment of an integrated surveillance system along the Libyan land borders, with focus on the areas prone to irregular migration flows, in line with the Memorandum of Understanding agreed between Libya and the European Commission on 23 July 2007.
  • Exploring concrete possibilities of cooperation between Libyan police, border, migration authorities and agencies and those of the EU Member States as regards the return and readmission of irregular migrants.

5. International Protection

  • Supporting Libya in its efforts aimed at establishing a protection system able to deal with asylum seekers and refugees in line with international standards and in good cooperation with the competent international organisation , in particular through providing advice on the development of a legislation in line with the 1969 African Union Convention Governing the Specific Aspects of Refugee Problems in Africa as well as providing training, technical assistance and equipment in view of promoting the development of administrative structures and human resources, able to properly act in line with this legislation
  • Assisting Libyan authorities in screening migrants in order to identify those in need of international protection and in addressing the burden represented both by the recognized refugees and the unsuccessful asylum seekers, and which would consist in resettling some of the recognized refugees towards EU Member States, in supporting the voluntary return of some of the unsuccessful asylum seekers back to their origin country, as well as in enhancing the reception capacities offered in Libya to asylum seekers and refugees.

Click here for full European Commission Press Release.

Click here, here, and here for articles.

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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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