Category Archives: States

by | 07 Feb 2011 · 07:22

Euro-Africa Conference on Illegal Immigration, Human Trafficking, Drug Trafficking, and Terrorism (Napoli, 7-9 February)

The Italian Interior Ministry and the Direzione Centrale dell’Immigrazione e della Polizia delle Frontiere are conducting a three day conference, beginning today, in Napoli, 7-9 February.  In attendance will be top police officials from 45 African countries, 25 EU countries as well as officials from agencies including Interpol, Europol, Frontex and, as observers, representatives of the US FBI and Dept. of Homeland Security.  Among those scheduled to attend are Rodolfo Ronconi, Direttore Centrale dell’Immigrazione e della Polizia delle Frontiere, Interior Minister Roberto Maroni, INTERPOL Secretary General Ronald Noble, EUROPOL Director Rob Wainwright, and Frontex Director Ilkka Laitinen.

According to a draft agenda for the conference, discussion topics will include:

  • Immigration Group – The African continent as a source and place of transit for migratory flows towards Europe across the Mediterranean Sea.  Internal migration within African. Threat assessment, ongoing bilateral initiatives, multilateral initiatives, and methods of law enforcement;
  • Group on human trafficking and organized crime – Criminal networks involved in smuggling: prevention and law enforcement investigative techniques, with particular reference to flows from Greece and Central Africa to Europe;
  • Drug Trafficking Group – African continent: new narcotrafficking directed towards Europe;
  • Group on Terrorism – Cyberspace as a new platform for radicalization: comparing experiences.

Original Italian:

  • Gruppo Immigrazione – Il  Continente africano quale origine e transito dei flussi migratory diretti in Europa attraverso il Mar Mediterraneo.  I fenomeni migratori interni al Continente africano.  Valutazione della minaccia, iniziative bilaterali, multilaterali e metodologie di contrasto;
  • Gruppo Tratta degli esseri umani e criminalità organizzata sul tema “Le reti criminali coinvolte nel traffico di migranti: tecniche di investigazione preventiva e repressiva, con particolare riferimento ai flussi provenienti dalla Grecia e dal Centro Africa verso l’Europa”;
  • Gruppo Traffico di Stupefacenti sul tema “Il Continente africano: nuovo crocevia del narcotraffico diretto verso l’Europa?”;
  • Gruppo Terrorismo sul tema “Il Cyberspazio quale nuova piattaforma per la radicalizzazione: esperienze a confronto”;

Click here (IT) for short article.

Click here (IT) for draft agenda.

I would love to know more about the substance of the conference – if anyone has any information or documents to share, please do so. ( nfrenzen@law.usc.edu ).

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by | 06 Feb 2011 · 07:40

WikiLeaks 2008 US Cable: Background Regarding EU-Libya Framework Agreement Negotiations

This cable provides the views of the US Embassy in Tripoli regarding the state of the EU-Libya Framework Agreement negotiations in July 2008.  It was written by the US Embassy’s Chargé d’Affaires, John Godfrey.  The cable is titled: “THE EU-LIBYA FRAMEWORK AGREEMENT: VENI, VISAS, VETO.”  The cable states that Libya views the EU Framework Agreement as “a ‘reward’ for Libya’s decision in July 2007 to release six [Bulgarian and Palestinian] health workers accused of intentionally infecting over 400 Libyan children with HIV/AIDS.”  The cable describes threats to veto the framework agreement by individual EU member states in an effort to secure bi-lateral concessions from Libya and describes Libya’s claim that the “draft language initialed by [EU] Commissioner Ferrero-Waldner ‘commits’ the EU …  to funding a ‘surveillance mechanism’ along Libya’s land and sea borders to combat illegal migration.”

Most of the cable’s text follows:

“(C)  Summary.  The Government of Libya (GOL) remains keenly interested in pursuing a European Union-Libya Framework Agreement and views a more formalized partnership with the European Union (EU) as a “reward” for Libya’s decision in July 2007 to release six foreign health workers accused of intentionally infecting over 400 Libyan children with HIV/AIDS. Certain EU members, unsure that a more formal cooperation mechanism would be beneficial and sensing Libya’s eagerness, have used the threat of a veto to push their bilateral agendas, particularly with respect to commercial and human rights issues.  One year after Libya and the EU agreed in principle to pursue an agreement, a sizeable perception gap exists between the two sides on the merits of a more formalized partnership.  Despite occasional differences with the EU, most recently over the French-backed Union for the Mediterranean proposal, the GOL will continue to seek an EU framework agreement, in large part because of Muammar al-Qadhafi’s desire to be taken seriously by European leaders. End summary.

BULGARIAN MEDICS CASE HAUNTS EUROPE

2.  (C)  Libya’s much-heralded decision in July 2007 to [release] six foreign health workers imprisoned since 1999 on charges of intentionally infecting children in Benghazi with the HIV/AIDS virus frames current discussions on an EU-Libya Framework Agreement.  Widely seen by Europeans in Libya as a successful alignment of European and Libyan interests, the denoument of the Bulgarian medics case – particularly their immediate pardon upon their arrival in Bulgaria – remains a lasting embarrassment for key elements of the Libyan regime.  The GOL, preoccupied with avoiding the public perception that it caved to foreign pressure to resolve the case, has trumpeted a putative EU framework agreement as a significant concession and a positive coup for Libyan diplomacy.  In an hours-long televised news conference just days after the medics left, Foreign Minister Abdulrahman Shalgham and Under Secretary for European Affairs Abdulati Obeidi boasted that a draft agreement, initialed by EU Commissioner for External Relations Benita Ferrero-Waldner during her July 2007 visit to Tripoli, would pave the way for easier access to Schengen visas for Libyan citizens and increased EU infrastructure investments in Libya. Ferrero-Waldner’s announcement in February 2008 that the EU Commission had submitted a recommendation to the Council of Ministers to grant a mandate to open negotiations with Libya stoked GOL hopes for rapid progress.

3.  (C)  French, Spanish, and German diplomats describe Libya’s primary objective in pursuing an EU framework agreement as reducing the mandatory waiting period for Schengen visas for Libyan nationals from the current 10 days to 48 hours.  …

4.  (C)  The July 2007 EU-Libya draft also lays out cooperation in the fields of human rights, health, and development.  U/S Obeidi informed French Ambassador Francois Gouyette in June 2008 that Libya agreed in principle to negotiate a human rights chapter within the framework agreement; however, Obeidi categorically refused to include discussions of individual human rights cases in the EU negotiations.  … In addition, the GOL has claimed that draft language initialed by Commissioner Ferrero-Waldner “commits” the EU …  to funding a “surveillance mechanism” along Libya’s land and sea borders to combat illegal migration.

VENI, VIDI, VETO

5.  (C)  Certain EU members, sensing Libya’s eagerness to move ahead, have threatened to block a framework agreement as a means by which to secure bilateral concessions, chiefly on commercial and human rights issues.  Italian Economic and Commercial Counselor Domenico Bellantone said that Italy is prepared to veto any framework agreement unless Libya ends a series of discriminatory commercial practices that target Italian firms operating in Libya.  …  French and Greek diplomats in Tripoli have hinted that they may also dangle a veto threat to resolve commercial disputes.  The Netherlands have approached certain EU members about a possible veto over Libya’s outstanding private debt to Dutch firms. Danish Consul-General George Wallen recently told EU Ambassadors in Tripoli that Denmark would veto a framework agreement with Libya unless the GOL lifts bans on Danish imports and Danish participation in infrastructure projects in Libya (prompted by a Danish magazine’s re-publishing in February 2008 of cartoons depicting the Prophet Muhammad).  Denmark also wants the GOL to release Jamal al-Hajj, a Danish-Libyan dual-national arrested on February 16, 2007 in connection with plans to hold a peaceful political demonstration.  Maltese diplomats have said Malta is considering a veto over dissatisfaction with Libya’s maritime patrols in its designated Search and Rescue (SAR) area and continuing concerns over the lack of cooperation by the GOL in efforts to stem the flow of irregular migrants from Libya to Europe.

6.  (C) European diplomats believe that apart from help in combating illegal migration from sub-Saharan Africa and South Asia through Libya to Europe, Europe has little to gain from a closer partnership with Tripoli.  In absence of a more formal agreement, some European countries have pursued bilateral cooperation that they privately assess as being more nimble and effective than broader cooperation under an EU framework agreement might be.  Italian diplomats characterized a recent donation of six vessels to Libya’s coast guard and an offer to train Libyan border security officials as Italy’s bilateral response to what they view as a lack of meaningful EU engagement on illegal migrant flows through Libya.  Greek DCM Ioannis Stamatekos lauded Italy’s move and said Greece may follow suit. Maltese Poloff Daniel Malina said that Malta, lacking resources to make a large equipment donation, hoped to keep the critical migration issue on the EU’s radar during Council deliberations over the Commission’s mandate to pursue the framework agreement.

DON’T RAIN ON MY CHARADE

7.  (C)  Twelve months have passed since Ferrero-Waldner initialed a draft memorandum on an EU-Libya framework agreement; however, a year of inaction does not appear to have dampened GOL perceptions that relations with Europe are on an up-swing. While senior European diplomats in Tripoli are quick to point out that formal negotiations with Libya on any kind of European-Libyan cooperation agreement have yet to even begin, many GOL officials speak of key Libyan negotiating positions, such as the 48-hour Schengen visa point, as if they’re already in place. …  A series of high-level European visits, most recently that of Spanish Foreign Minister Miguel Moratinos, have helped attenuate the GOL’s disappointment over what it perceives as slow progress on the framework agreement and on implementing commitments made during al-Qadhafi’s visits to Spain and France in December 2007.

8. (C) Comment: Libya’s interest in a closer partnership with Europe seems sincere; however, the GOL’s foreign policy, particularly at the senior levels, remains somewhat fickle. Libyan leader Muammar al-Qadhafi’s visit to Madrid and Paris last December sparked a surge of pro-European rhetoric in Tripoli – in one instance, Qadhafi threatened to pull Libyan investment from sub-Saharan Africa to redirect to his new European friends.  More recently, though, al-Qadhafi orchestrated a meeting of Arab Maghreb Union leaders in Tripoli to publicly disparage Sarkozy’s Union for the Mediterannean proposal (reftel).  Characterizing the proposed union as “insulting”, he claimed it would undermine Arab and African member states’ commitments to the Arab League and African Union, and told former British Prime Minister Tony Blair he was concerned that the proposal represented an effort by southern European states to create a North African bulwark against illegal migration from sub-Saharan Africa and to “further legitimize” Israel.  Despite such disagreements, Qadhafi’s interest in being taken seriously, particularly by his “friends Nicholas (Sarkozy) and Silvio (Berlusconi)”, will continue to drive the GOL’s keen interest in finalizing a framework agreement with the EU.  End comment.   GODFREY”

Click here or here for full cable.

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by | 05 Feb 2011 · 06:47

WikiLeaks 2009 US Cable: Italian Ambassador to Libya questions sincerity of Libya’s commitment to combatting illegal migration

This US Department of State cable, released by WikiLeaks on 1 Feb 2011, was written by Gene Cretz, US Ambassador to Libya.  The cable is entitled “The Frogman Who Couldn’t Swim: A Cooperation Cautionary Tale.”  (The cable’s title refers to an incident where Libya sent a member of its Public Security organization who was unable to swim to Italy for training in underwater explosives detection and demolition.)

The cable was written on 17 February 2009 in the same month that the provisions of the Italy-Libya agreement relating to Italy’s maritime push-back practice took effect and three months before the first major interceptions and forcible returns of hundreds of migrants to Libya which occurred in May 2009.  If the US Ambassador’s reporting in the cable is accurate, it would suggest that Italy’s Ambassador to Libya at the time did not believe that Libya was about to begin cooperating with Italy on illegal migration.  Though the cable does point out that comments made by the Italian Ambassador “pre-dated the early February visit to Libya by Italy’s Minister of the Interior, Roberto Maroni, who signed an MOU to implement earlier agreements on counter-migration and counterterrorism cooperation.”

Excerpts from the Cable:

“ITALY ALARMED BY INCREASE IN NUMBER OF ILLEGAL MIGRANTS TRANSITING LIBYA

2. (C) At a recent meeting hosted by the U.K. Ambassador to discuss counterterrorism engagement efforts, Italian Ambassador Francesco Trupiani expressed profound frustration with difficulties Italy had encountered in trying to cooperate with the GOL on counterterrorism and combatting illegal migration (Italy views the two issues as being linked).  Italy was alarmed by the marked increase in the number of illegal migrants that had arrived in Italy – primarily on the island of Lampedusa – from Libya.  By way of example, he offered that 1,300 Tunisian illegal migrants traveled from Libya to Italy in 2007.  In 2008, 5,900 Tunisians made landfall in Italy after departing from Libya’s coast.  The number of migrants from Somalia – “a derelict state” – who had arrived in Italy increased from 5,110 in 2007 to 31,764 in 2008.  The number of Nigerians had increased threefold and featured a heavy contingent of prostitutes and narco-traffickers.

LIBYA DELAYING COOPERATION TO LEVERAGE EU FRAMEWORK NEGOTIATIONS?

3. (C) Noting that smuggling illegal migrants was highly profitable, that the GOL claimed to exercise tight control over travel within Libya, and that senior regime officials traditionally had a direct stake in highly lucrative enterprises (licit and otherwise), Trupiani said it was “implausible” that large numbers of illegal migrants had transited Libya without at least the tacit consent of GOL officials.  The substantial increase in the number of illegal migrants meant a corresponding increase in the amount of money involved.  He speculated that there could be a “logical nexus” between smuggling of illegal migrants, arms trafficking and movement of terrorists, and lamented that no one appeared to be holding the GOL accountable for its failure to more effectively address those inter-related problems.  Worse, the GOL appeared to be deliberately delaying engagement with Italy and other European partners to leverage negotiations for a Libya-EU Framework Agreement (EU External Affairs Commissioner Benita Ferrero-Waldner was in Tripoli February 9-10 for the latest round of negotiations).

***

6. (C) Trupiani was not optimistic that bilateral cooperation would improve in the near term. (Note: Our exchange with Trupiani pre-dated the early February visit to Libya by Italy’s Minister of the Interior, Roberto Maroni, who signed an MOU to implement earlier agreements on counter-migration and counterterrorism cooperation (further details septel).  End note.)  He cited lack of human capacity and rampant corruption and nepotism as limited factors….”

Click here or here for the full cable.

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by | 05 Feb 2011 · 05:37

Malta Again Declines to Participate in Frontex Central Mediterranean Joint Operation

The Times of Malta reported on Friday that Malta has for the second consecutive year informed Frontex that it will not host or participate in joint sea patrols in the Central Mediterranean, saying that there is no need for the patrols given the drastic reduction in the number of boat people attributable to Italy’s push-back practice with Libya which has been in effect since 2009.  Only 47 migrants reached Malta in 2010 compared with 2,775 in 2008.  Frontex’s Central Mediterranean joint operation, referred to as Operation Nautilus (renamed Operation Chronos last year), has in past years operated during the summer sailing months when sea conditions are most favourable for small boats.

Last year Malta initially said that it would not host the joint operation due to the then recently approved guidelines governing Frontex enforcement operations at sea which required that intercepted migrants be taken to the country hosting the mission under certain circumstances.  A Maltese government spokesperson later said that the decision not to host the operation was not due to the new guidelines, but was due to Malta’s view that there was no longer a need for the operation because of the success of the Italy-Libya migration agreement. “The reason why we decided not to take part in [the 2010] mission is that we feel there is no need for this year’s EU patrol.  We have noticed that, following the introduction of joint patrols by Libya and Italy last year, the number of illegal immigrants reaching Malta has dropped significantly. We feel that, as long as this operation remains in place, there is no real need for another anti-migration mission on behalf of the EU.”

Click here for article.

See my previous posts:

Italy and Malta question need for Frontex sea patrols (9 July 2010)

Malta says Frontex Chronos Mission not needed due to success of Italy-Libya push-back agreement (29 April 2010)

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by | 05 Feb 2011 · 01:02

EASO Issues Call for Seconded National Experts

As noted yesterday on the EASO Monitor blog, EASO has issued a call for multiple Seconded National Experts.  The following list is probably incomplete and is based on information posted on the web site of the Slovenian Ministry of Public Administration and the web site of the Italian Ministry of Foreign Affairs.

Calls for SNE:

1) Main areas of responsibility : Support to the development of the asylum policy and European legislation, including for its implementation as well as to the different forms of practical cooperation and European solidarity, in connection with the European Asylum Support Office (EASO). The SNE will also contribute to the drafting of the Communication on the developments of Eurodac as a supporting tool for the entire Common European Asylum System foreseen in the Action Plan for the implementation of the Stockholm Programme.   Click here for document.

2) Main areas of responsibility: Assisting the Executive Director in preparing all the steps necessary to transfer the EAC to the EASO; advising on the methodology and the priority milestones related to activities, staff, IT and financial issues; liaising with the EAC project manager, the members of the EAC steering committee, UNHCR and the European Commission; organising necessary meetings; coordinating the transfer activities.   Click here for document.

3) Main areas of responsibility: Assisting the Executive Director in coordinating the Asylum Intervention Pool and updating the pool; drafting methodologies; acting as the Union contact point; acting as an interface between the EASO and Member States and members of the support teams; monitoring the deployment and reporting to the EASO on all aspects of the deployment; organising necessary meetings.   Click here for document.

4)  Main areas of responsibility: Assisting the Executive Director in coordinating the implementation of Operating Plans and Asylum Support Teams in Greece in support of the Greek Action Plan; working with the coordinator of the Asylum Intervention Pool in the activities linked to the interface between the EASO and Greece and members of the support teams; monitoring the deployment and reporting to the EASO on all aspects of the deployment; organising necessary meetings.  Click here for document.

5) Main areas of responsibility: Assisting the Executive Director in coordinating the Interpreters Pool within the Asylum Intervention Pool and updating the pool; proposing and drafting methodologies, including on videoconferencing; coordinating the deployment/use of interpreters and reporting to the EASO, including within the context of the support to the Greek Action Plan; working with the coordinator of the Asylum Intervention Pool in the activities linked to the interface between the EASO and Greece and members of the support teams; organising necessary meetings.   Click here for document.

6) Main areas of responsibility: Assisting the Executive Director in coordinating establishment of the COI function and the management of the COI Portal; proposing and drafting methodologies; reviewing the projects already undertaken; organising necessary meetings and workshops/working parties.  Click here for document.

7)  Main areas of responsibility: Assisting the Executive Director in coordinating the preparation of the first COI report on Afghanistan within the COI division; proposing and drafting methodologies; reviewing the projects already undertaken; organising and/or coordinating necessary meetings, missions and workshops/working parties; preparing the report.  Click here for document.

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by | 04 Feb 2011 · 15:32

COE CPT Completes Ad Hoc Mission to Greece

The Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) released a statement yesterday that it had completed a one week (20-27 Jan.) ad hoc mission to Greece “to assess the concrete steps taken by the Greek authorities to implement long-standing recommendations, in particular those contained in the reports on the CPT’s visits of September 2005, February 2007, September 2008 and September 2009.   In the course of the visit, the CPT’s delegation examined the treatment and conditions of detention of migrants held in aliens detention centres and in police and border guard stations, particularly in the Attica and Evros regions….”  The CPT report to the Greek government is scheduled to be delivered in March 2011.

Among the detention centres visited by the CPT were several Border Guard stations in Evros and the “Filakio Special holding facility for illegal immigrants” where many of persons apprehended along the land border of Greece and Turkey are being detained in deplorable conditions.  Doctors Without Borders released a press statement last week describing the conditions at the Greek detention centres in Evros as unbearable, inhumane, and having reached an emergency situation.

Click here for CPT Press Release.

Click here for Doctors Without Borders Press Release.

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by | 03 Feb 2011 · 06:34

Frontex 3rd Quarter Report

On 16 January the Frontex Risk Analysis Unit released its Report for the Third Quarter of 2010 (July-Sept.).  The report contains data, charts, and graphs detailing detections of migrants, asylum seekers, false document use, detections of facilitators, and other information.  The deployment of Frontex’s RABIT force to the Greek-Turkey border did not begin until 2 November 2010, so the effects of the RABIT deployment do not appear in the Third Quarter.

The Report notes that the “unprecedented peak in illegal border-crossings at the Greek land border with Turkey is the result of a shift from the sea to the land border” coupled with a “large increase in the absolute number of migrants” using Turkey as an EU entry point.  The Report states that there has been an eight-fold increase in the number Maghreb nationals detected at the Greek land border which “is thought to be the result of a displacement effect from the West Africa and Western Mediterranean routes.”

The Report also notes an increase in the number of detections on the Central and Western Mediterranean sea routes compared to Q2 which may be attributable to seasonal variations or “may be indicative of reorganized modi operandi in these areas in response to Frontex Joint Operations, more effective border controls and bilateral agreements implemented in 2008.”  See Figure 3 below.

Excerpts from the Report:

“Detections of illegal border-crossing”

“…  Fig. 2 [see below] shows quarterly detections at the land and sea borders of the EU since the beginning of 2008. The 30% increase in the number of detections between the previous and present quarters is comprised of a 60% increase at the sea borders (although from a lower base) and a 23% increase at the land borders. This means that the shift from sea to land borders has not continued to same extent as in the previous quarters.  Nevertheless in Q3 2010, there were some 29 000 detections of illegal border-crossing at the external land border of the EU, which constitutes 85% of all the detections at the EU level, and the highest number of detections at the land border since data collection began in early 2008….”

“Eastern Mediterranean route”

The Report observes that there has been a shift in illegal crossings from the Greece-Turkey maritime border to the Greece-Turkey land border and notes an increase in the number of nationals from Maghreb countries apprehended at the Greece-Turkey land border.  “This route [being taken by Maghreb nationals] is very indirect, but is thought to be the result of a displacement effect from the West Africa and Western Mediterranean routes….”

See Figure 4 below which shows that detections of illegal border crossers at the land border of Greece have exceeded detections at the sea border since Q1 of 2010.

“Central Mediterranean route”

“There were 2 157 detections of illegal border-crossing during Q3 2010. This is more than a three-fold increase compared to the previous quarter and a third higher than the same period last year. However despite this apparently large increase, detections still remain massively reduced compared to the peak of around 16 000 during the same period in 2008 (Fig. 3)….”

“The JO Hermes 2010 which was operational between June and October 2010, focused on illegal migratory flows departing from Algeria to the southern borders of the EU, specifically to Sardinia. In 2010, there were fewer detections than in previous years….”

“Departures from Libya also remained low. In June 2010, a new law was implemented to serve more severe punishments for facilitating illegal immigration. Ambassadors of the countries of origin were called into the Ministry of Foreign Affairs in Tripoli to be informed about the consequences of the new law, which suggests that this may be a serious implementation.”

“Western Mediterranean route”

“In general, irregular immigration to southern Spain has decreased massively since the beginning of 2006. However, in Q3 2010 there were 2 200 detections of illegal border crossing in the Western Mediterranean, more than twice that of the previous quarter and around a third higher than the same period in 2009. There is growth in the number of detections of a wide range of African nationalities, nine of which more than doubled in number between Q2 and Q3 2010. The most detected nationalities were Algerian, Moroccan, Cameroonian and Guinean.”

“Western Africa route”

“The cooperation and bilateral agreements between Spain and the rest of the Western African countries (Mauritania, Senegal and Mali) are developing steadily, and are one of the main reasons for the decrease in arrivals, as is the presence of patrolling assets near the African coast.”

“According to data collected during JO Hera, the numbers of arrivals in the Canary Islands and detections in West Africa are very low compared to the same time last year. The main nationality and place of departure is from Morocco, to where migrants are returned within a few days.”

Click here for the 3rd Quarter 2010 Report.

Click here for the 2nd Quarter 2010 Report.

Click here for the 1st Quarter 2010 Report.

Click here for my previous post regarding the 2nd Quarter Report.

 

 

 

 

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by | 02 Feb 2011 · 17:09

Greece requests 2d extension of Frontex RABIT deployment due to events in Egypt

Kathimerini reported on 1 February that Greece requested an additional extension of the Frontex RABIT deployment in Greece due to the situation in Egypt and a fear that there may be a surge in migration towards Greece.  The current RABIT deployment is scheduled to end on 3 March.  The deployment was originally scheduled to end in November 2010 and was extended until March 2011.  The Kathimerini article said that Frontex’s initial informal response to the requested extension was positive.

Click here (EL) and here (EN) for articles.

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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 | 28 Jan 2011 · 02:00

Goodwin-Gill Lecture: “Right to Seek Asylum: Interception at Sea and the Principle of Non-Refoulement” (16 Feb., Brussels)

Professor Guy Goodwin-Gill will give the Chaire W.J. Ganshof Van Der Meersch lecture in Brussels, 16 February 2011, 17:00, at the Académie Royale des Sciences, des Lettres et des Beaux-Arts de Belgique, salle Albert II.

The lecture will address “The Right to Seek Asylum: Interception at Sea and the Principle of Non-Refoulement ” – The right to seek asylum is continuously challenged by the fight against irregular migration. In particular, the European Union and its Member States take measures to intercept boats on the sea in order to prevent irregular migration: patrols at sea, treaties with countries of origin or transit to readmit the concerned persons, agreements regarding the place of disembarkation,… The problem comes from the fact that asylum seekers are traveling together with undocumented migrants, what is called “mixed flows”. Even if the applicability of the principle of non-refoulement is often reaffirmed, the way to implement it represents a real difficulty in such a context.”

RSVP by 11 Feb.:

Votre réponse est attendue au plus tard le 11 février 2011

Tél: +32(0)2 650 27 16 (9h00 à 12h00)

Fax : +32(0)2 650 39 57

Courriel : fwa@ulb.ac.be

Click here for more information.

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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 | 21 Jan 2011 · 20:27

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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by | 21 Jan 2011 · 17:05

Decision from Grand Chamber of ECtHR: Returning Asylum Seekers to Greece Violates European Conv. on Human Rights

The Grand Chamber of the European Court of Human Rights issued a decision today in the CASE OF M.S.S. v. BELGIUM AND GREECE (Application no. 30696/09) (also FR) and concluded that Belgium should not have returned an Afghan asylum seeker to Greece under the Dublin II regulation which mandates that asylum claims are to be considered in the state where the asylum seeker first entered Europe.

This is the first decision from the ECtHR addressing the application of the Dublin II regulation.  According to European Voice, the “Court [currently] has around 960 cases pending that relate to the Dublin regulation, against the Netherlands, Finland, Belgium, the United Kingdom and France, most of them concerning expulsions to Greece.”

I have not had a chance to read the decision closely yet, but here is some basic information about today’s decision (more to follow in a subsequent post):

Excerpts from the Court’s Press Release (click here for FR):

“In today’s Grand Chamber judgment in the case M.S.S. v. Belgium and Greece (application no. 30696/09), which is final, the European Court of Human Rights held, by a majority, that there had been:

A violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the European Convention on Human Rights by Greece both because of the applicant’s detention conditions and because of his living conditions in Greece;

A violation of Article 13 (right to an effective remedy) taken together with Article 3 by Greece because of the deficiencies in the asylum procedure followed in the applicant’s case;

A violation of Article 3 by Belgium both because of having exposed the applicant to risks linked to the deficiencies in the asylum procedure in Greece and because of having exposed him to detention and living conditions in Greece that were in breach of Article 3;

A violation of Article 13 taken together with Article 3 by Belgium because of the lack of an effective remedy against the applicant’s expulsion order.”

ECRE released a statement describing the decision as a “major blow to the Dublin system.”  Excerpts from the ECRE statement:

“Bjarte Vandvik, ECRE Secretary General, stated: ‘This judgment is a major blow to the Dublin system. The assumption that all EU Member States respect fundamental rights and that it is therefore safe to automatically transfer asylum seekers between EU countries no longer stands. Europe must seriously rethink the Dublin system and replace it with a regime that ensures the rights of asylum seekers are respected’.

This judgment will affect many asylum seekers in Europe. In 2010 alone, EU countries requested Greece to examine the applications of almost 7,000 asylum seekers who had entered the EU through Greece. Their situation will now need to be re-examined in light of this ruling.

Bjarte Vandvik [also] stated: ‘European countries must comply with the Court’s ruling, stop sending asylum seekers back to Greece, and examine asylum applications themselves until a fair asylum system is in place in Greece’.

The Dublin system fails refugees and Member States and needs to be changed.  This ruling reflects the serious shortcomings in the asylum procedure in Greece and in Belgium and it also highlights the flaws in the Dublin system itself. ECRE has long stressed that Dublin shifts responsibility for asylum seekers to states at Europe’s frontiers. Also, it allows refugees to be sent back to European countries where their fundamental rights are not respected.

As a first step in the right direction, ECRE supports the Commission proposal to review the Dublin Regulation, as it introduces significant humanitarian reforms and important procedural safeguards. For example, the proposal makes it easier for asylum seekers to join family members living in Europe, protects the rights of children who have arrived alone and ensures the continuity of care for vulnerable persons.

However, these are only temporary measures that do not solve the sometimes devastating impact of the Dublin system on asylum seeker’s human rights. Ultimately the Dublin Regulation should be abolished and replaced by a more humane and equitable system that considers the connections between individual asylum seekers and particular Member States.”

Click here for full ECRE Statement on the decision.

Click here (ECHR Blog) and here (Free Movement Blog) for some initial additional thoughts about the decision.

Click here, here, and here for articles.

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by | 18 Jan 2011 · 06:49

Greece May Use Dutch “Ships” to Detain Migrants

Following its announcement that it was considering building a wall along portions of its land border with Turkey, Greek officials announced earlier this month that they are considering the acquisition of two floating migrant detention centres from the Netherlands.  The two vessels would be leased and would have the capacity to hold approximately 1000 persons.  Greece reportedly was considering using passenger ships to detain migrants, but decided that floating detention centres used by Dutch authorities in Rotterdam are a better option.  The floating detention centres would be used in conjunction with prefabricated detention facilities that are being constructed on land to detain the large numbers of migrants being detained by Greek and Frontex authorities along the Greek-Turkish land border.

Click here and here for articles. (EL)  (Read with Google translate)

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