The Italian Court of Cassation (La Quinta sezione penale della Cassazione) on 9 December upheld a 30 year prison sentence for a Lebanese ship captain found responsible for the deaths of 283 migrants on 26 December 1996 when two smuggling ships collided between Malta and Sicily. Most of the migrants were from Pakistan, India, and Sri Lanka. The captain is still at large.
Click here and here (Italian) for articles.
Filed under Italy, Malta, Mediterranean, News
On 23 November a Libyan patrol boat intercepted approximately 80 Eritrean and Somali migrants in Maltese waters near Sicily. The migrants were returned directly to Libya and reportedly taken to a Libyan detention centre. This may have been the first time that Libyan authorities intercepted migrants in Maltese waters.
The UNHCR expressed concern over the incident. “’This practice of getting the Libyan authorities to come directly [into non-Libyan waters] reduces even further the guarantees given to migrants arriving in Europe,’ said [UNHCR spokesperson Laura] Boldrini.”
Click here and here for articles.
Filed under Italy, Libya, Malta, Mediterranean, News
Council of Europe Commissioner for Human Rights, Thomas Hammarberg, released copies of two letters he sent last August to the Minister of Interior of Italy, Roberto Maroni, and to the Minister for Justice and Home Affairs, of Malta, Carmelo Mifsud Bonnici in regard to the incident in August when a boat carrying over 70 migrants was left adrift for over two weeks. Most of the migrants died.
A statement on the Commissioner’s web page states as follows:
“I publish these letters in order to reopen the discussion on the need to fully align migration practices with human rights standards. This serious incident should be effectively investigated” said the Commissioner. “Four of the five survivors have been granted refugee status in Italy and one is waiting for the decision on her application. This is good news. However, there is still an urgent need to take all necessary measures to prevent the recurrence of such tragedies. Regrettably, the authorities have not replied so far.”
In his letters, the Commissioner also underlined that the responsibility to rescue persons at sea appeared to have been neglected. He therefore recommended that both countries concerned engage in a constructive cooperation to develop sea patrolling which is duly respectful of human rights and humanitarian principles.
“The protection of the human rights of migrants needs urgent attention” said the Commissioner. “Every European country should act in a spirit of solidarity towards other countries, discharge its responsibilities under international law and effectively protect migrants, whose fundamental rights are at serious risk.”
Relevant excerpts from the letters:
Letter to Italian Minister Maroni, Ministry of the Interior – 25 August 2009
“[O]ne element is already evident: these people have not benefited from international humanitarian protection. In particular, the responsibility to rescue persons at sea appears to have been neglected. The Italian Coast Guard and other agencies – as well as fishermen – have shown until recently a laudable record of rescuing at sea hundreds of irregular migrants attempting to reach Italy. What happened this time? Have the provisions set out in the new security package played a deterrent role? Is the cooperation with the Coast Guards of other countries not functioning properly, thereby preventing boats in distress from being spotted and rescued?”
“Indeed, many migrants are human beings in dire circumstances who deserve our attention and respect. A substantial number of them are fleeing persecution or violence; this necessitates the provision of international protection. All European countries, not only Italy, must grant protection to migrants and cooperate more effectively to handle migration flows in a coherent manner, with full regard to humanitarian principles.
I hope that the Italian government will take all necessary measures to avoid such tragedies in the future. In this context, a constructive cooperation with the authorities in Malta, to develop sea patrolling which is duly respectful of human rights and humanitarian principles, would be highly beneficial.”
“The survivors of such tragedies should of course not be criminalised. Instead, they should be provided with all the necessary assistance. Their right to apply for asylum should be fully respected, and their request examined with the utmost attention. The situation of their country of origin and of departure should also be taken into account.
I deeply believe that it is both wrong and counterproductive to politicise migration issues. It is much more in keeping with our common values – and, ultimately, more effective – to address them based on a comprehensive and cooperative approach, guided by human rights and humanitarian principles.”
Click here for the Italian letter.
Letter to Maltese Minister Bonnici, Justice and Home Affairs Ministry – 26 August 2009
“[T]he people on the ill-fated boat have not benefited from international
humanitarian protection. In particular, the responsibility to rescue persons at sea appears to have been neglected. What happened? Is the cooperation with the Coast Guards of other countries not functioning properly, thereby preventing boats in distress from being spotted and rescued?”
“Migratory flows present major challenges to many European countries. A common European approach is therefore needed to meet those challenges. I have raised the issue with the Swedish Presidency of the European Union. There is a need for responsibility-sharing, where every country is ready to contribute in a spirit of solidarity, not only with regard to the reception capacities of other countries, but also vis-à-vis migrants themselves. Many migrants are human beings in dire circumstances who deserve our attention and respect. A substantial number of them are fleeing persecution or violence and deserve international protection.”
“I hope that the Maltese government will take all necessary measures for such tragedies to be avoided in the future. A constructive cooperation with the authorities in Italy, to develop sea patrolling which is duly respectful of human rights and humanitarian principles, would be highly beneficial. I hope it will be possible to address these crucial issues with a cooperative approach, guided by human rights norms.”
Click here for the Maltese letter.
Filed under Council of Europe, Italy, Libya, Malta, Mediterranean, Statements
French Immigration Minister Eric Besson has characterized Frontex’s ongoing Nautilus IV operation which is based in Malta as “a complete failure.” He said the legal uncertainty regarding member state responsibility for intercepted boats hampered the operation and caused some member states to withdraw from the operation.
Italy, for example, has refused to contribute assets to the Nautilus IV operation due to a dispute over where intercepted migrants should be taken. Italy of course is unilaterally returning migrants who it intercepts directly to Libya without offering the intercepted migrants an opportunity to make asylum or other claims for protection.
Click here and here for articles.
A Court in Sicily acquitted three Germans from the humanitarian organization Cap Anamur of criminal charges that they aided illegal immigrants by bringing a group of migrants they rescued to shore in Sicily in 2004.
Click here, here, and here for articles.
Click here for link to Cap Anamur’s web page.
Filed under Italy, Mediterranean, News
The UNHCR estimates that over 50,000 migrants in approximately 994 boats have crossed the Gulf of Aden from Somalia to Yemen so far this year. UNHCR says there has been a 50% increase in crossings compared with the same period last year. September and October are usually the busiest months due to favourable sea conditions.
Click here for article.
Filed under Data / Stats, Gulf of Aden, News, Somalia, Yemen
The Italian Government formally responded to the EC request for details regarding its push-back policy that has been in effect since May. The response is contained in a letter dated 8 September and released to the media today.
Italy claims that none of the 757 migrants intercepted since May and subsequently forcibly returned to Libya made a request for asylum: none of the immigrants taken to Libya between May 6 and August 30 ”made any request for international protection or mention of persecution in their own country”.
The claim by Italy that not a single migrant asked for protection strains credulity. It is inconsistent with among other things the incident in August when 75 Somali migrants who were intercepted by the Italians used a satellite telephone to call a BBC reporter in Italy to request help before they were turned over to Libyan authorities. One caller told the BBC reporter ”we told the Italian military that we wanted to request asylum and asked them not to hand us over to the Libyans because we were afraid of going to jail, but they wouldn’t listen to us.” Click here for the article regarding this incident.
The Italian letter also seeks to counter criticism that Libya does not protect the rights of asylum seekers and is not a signatory to the UN Refugee Protocol by noting that Libya has ratified an African Union Convention on refugees ”obliging it to guarantee protection of anyone facing persecution”.
Click here for article.
Filed under European Union, Italy, Libya, Mediterranean, News
UNHCR has issued a new warning about the steadily deteriorating situation in Somalia that is forcing thousands of Somalis to flee fighting. 250,000 Somalis have been forced out of their homes in Mogadishu since May, many are seeking shelter in internal camps and in neighboring countries.
UNHCR spokesperson Andrej Mahecic said that “[u]sing unscrupulous smugglers, thousands risk their lives and take the perilous journey across the Gulf of Aden and the Red Sea to reach Yemen or the Mediterranean Sea to get to Europe”.
“So far this year over 900 boats carrying around 47,000 people have attempted to get to Yemen from the Horn of Africa, with 322 people drowned or presumed dead, and just last week 16 people died and 49 others are thought to have drowned in the Gulf of Aden.”
Click here for UNHCR statement and here for article.
Filed under Gulf of Aden, News, Somalia, UNHCR, Yemen
Clockwise from top: Muzafar Ali Safarali, Mohammad Ali Ayubi, Baquer Husani, Mohammed Amini Zamen and Awaz Nader.
Australian authorities have released photographs of the five Afghan asylum seekers who were killed in April in an explosion on their boat shortly after it was intercepted by Australian authorities near Ashmore Reef. The boat was attempting to travel to Australia from Indonesia. Some survivors of the blast were severely burned.
An investigation into the deaths is still in progress. Video of the incident reportedly shows Australian Defence personnel pushing survivors back into the water as they tried to swim to a rescue boat. The Northern Territory Coroner which is conducting an investigation has prevented the video footage from being made public.
Click here for article.
The Public Prosecutor’s Office in Agrigento, Sicily, has asked for a halt of the criminal trial of 21 migrants who landed illegally in Sicily and who are being criminally prosecuted under Italy’s new anti-immigration laws which, among other things, make it a criminal offense to enter the country illegally. The Public Prosecutor is asking that the question of the law’s constitutionality be submitted to Italy’s Constitutional Court. The criminal court judge is considering the request.
According to the Public Prosecutor’s Office, the law is inconsistent with the Italian Constitution and the UN Protocol Against the Smuggling of Migrants by Land, Sea and Air which obligates states to assist and protect migrants in difficulty, not to criminally prosecute such migrants.
Click here for article.
Filed under Italy, Mediterranean, News
A Frontex spokesperson has modified Frontex’s strong denial several days ago that it had no involvement in or responsibility for the Italian push-back practice in the Mediterranean.
Frontex now concedes that it is assisting the Italians with the detection and interception of migrant boats, but that Frontex has no information regarding what happens to intercepted migrants after the Italian coastguard intercepts them.
“In an interview with European Voice [reporter Judith Crosbie], [Frontex spokesperson Gil] Arias-Fernández said: ‘Technically speaking, assets co-ordinated by Frontex are taking part in operations in the area and … these people could be sent back to their country of origin.’ But he said to hold Frontex responsible for the return of migrants to Libya was ‘far from reality’. ‘We can’t be accountable for decisions taken by Italy,’ he said.” Arias- Fernández, however, conceded that Frontex might bear some moral responsibility for the push-back practice.
Click here for article.
Filed under Frontex, Italy, Libya, Mediterranean, News
The Italian Government has rejected the ongoing criticism by HRW and others of its push back policy.
News24 reports that Interior undersecretary Alfredo Mantovano, stated that Italian authorities “have never denied” intercepted migrants the right to ask for asylum. “Each operation to escort migrants back to Libya lasted more than 10 hours during which none of the people involved, asked to be recognised as refugees, nor did they say they were fleeing from persecution in their countries of origin, Mantovano said.”
According to Mantovano, 757 migrants have been forcibly returned to Libya between May 6 and August 30.
Click here for article.
Filed under Data / Stats, Italy, Libya, Mediterranean, News
Frontex has denied responsibility for and involvement in the Italian push-back practice.
Full text of the Frontex press release:
“By way of response to statements included in the Human Rights Watch report “Pushed Back, Pushed Around” Frontex would like to state categorically that the agency has not been involved in diversion activities to Libya (these are based on a bilateral agreement which Italy signed with Libya in May this year).
“The Frontex operation referred to in the report, Operation Nautilus 2009, was underway on June 18th 2009, but in a different operational area. Though German helicopters did participate in this operation, they were at no time involved in the incident described in the report (on the basis of two press reports, one from ANSA and one from Malta Today).
“In general, Frontex would like to point out that the task of helicopters involved in joint operations coordinated by the agency is only to patrol the operational area, not to divert. “
Click here for press release.
Filed under Communiqués, Frontex, Italy, Libya, Mediterranean
The 11 rescued survivors from the boat that sank near the Spanish island of Perejil this past Saturday have been deported from Morocco. AFP quoted a Moroccan official saying “By order of the prosecutor, the 11 African escapees left Tangiers at about 2100 GMT (on Sunday) during an expulsion operation.” The survivors, from Niger and Senegal, were probably expelled into Algeria. While Moroccan officials believe there were 42 migrants on the boat, the Spanish Red Cross estimates the number at approximately 60.
Click here for article.
Filed under Mediterranean, Morocco, News, Spain
Human Rights Watch has released a report regarding Italy’s forcible push-back policy:
Pushed Back, Pushed Around – Italy’s Forced Return of Boat Migrants and Asylum Seekers, Libya’s Mistreatment of Migrants and Asylum Seekers
“On May 6, 2009, for the first time in the post-World War II era, a European state ordered its coast guard and naval vessels to interdict and forcibly return boat migrants on the high seas without doing any screening whatsoever to determine whether any passengers needed protection or were particularly vulnerable. The interdicting state was Italy; the receiving state was Libya. Italian coast guard and finance guard patrol boats towed migrant boats from international waters without even a cursory screening to see whether some might be refugees or whether others might be sick or injured, pregnant women, unaccompanied children, or victims of trafficking or other forms of violence against women. The Italians disembarked the exhausted passengers on a dock in Tripoli where the Libyan authorities immediately apprehended and detained them.”
HRW’S Recommendations include:
“To the Government of Italy
“To European Union Institutions and EU Member States
Click here for the report.
Filed under European Union, Frontex, Italy, Libya, Mediterranean, Reports
MIGRANTS AT SEA 