Category Archives: States

by | 07 Dec 2011 · 05:44

EU Will Not Fund Construction of Evros (Greece-Turkey) Border Fence

Of possible interest to some, Ekathimerni.com reports that the EU has made it clear it will not provide funding to the Greek government for the construction of a border fence along the Greek-Turkish border along the Evros river.  Greece has been planning the construction of the border fence for many months and was seeking €5 million from the EU.  Early proposals called for the construction of a fence over 200 km in length.  The fence that is now being built will be 12 km in length when completed.  “Responding to a question by Euro MP Giorgos Papanikolaou, who is affiliated with conservative New Democracy, European Commissioner for Home Affairs Cecilia [Malmström] said the bloc would not pay for the fence as it would not effectively discourage immigrants or smugglers who would simply seek alternative routes into the European Union, either via another section of Greece’s porous border with Turkey or through the border of another EU member state. [Malmström] reportedly said that the EU would be prepared to fund other measures if they are deemed to be an effective way of curbing illegal immigration into the bloc.”

Click here for current article.

Click here for older article.

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by | 07 Dec 2011 · 05:18

Migrant Boat Rescued by Armed Forces of Malta

An Armed Forces of Malta patrol boat rescued 44 Somalis from a sinking 7 metre dingy early Tuesday morning.  The rescue took place about 70 nautical miles south of Malta.  The migrants have been taken to Malta.  The boat is believed to have departed from Libya on Saturday.  Survivors reported that two persons died during the voyage.

Click here and here (with video) for articles.

In an incident last week, the Moroccan Royal Navy rescued 53 migrants from a boat off Dar Kabdani.  At least four persons are known to have died in that incident.

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

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by | 06 Dec 2011 · 05:21

CARIM Note: Impact of Arab Revolts on Migration

CARIM has published a Note by Dina Abdelfattah, American University of Cairo, entitled “Impact of Arab Revolts on Migration” focusing on Egypt and Libya.

“Abstract – This paper explores how the revolts taking place in the Arab World would affect the migratory outcomes within the region and internationally. The impact of the uprisings on migration will depend on whether the country is a country of origin or of destination. The paper focuses on two cases-studies: Egypt, being the main sending country in the region, and Libya, a main country of destination for migrants from the North African region as well as from Sub-Saharan Africa. The Arab countries are still going through the transition between an old regime and a new one, with major economic and political unrest and episodes of protests and sit ins as well as military actions and, what is more, this period of unrest is likely to last for some time. The impact of the revolutions on the economic and political status of the country is still to be debated and understood. With the lack of clarity in economic and political policies, migration will continue to be unpredictable.

Résumé – Cet article s’intéresse aux conséquences des révolutions arabes sur les migrations régionales et internationales. L’impact des révoltes diffère dans les pays d’émigration et les pays d’immigration. Ce texte traite de deux exemples : l’Egypte, qui est le principal pays d’émigration dans la région, et la Libye, qui est un important pays de destination pour des migrants nord-africains et subsahariens. Les pays arabes traversent une période de transition, qui risque de durer, entre un ancien et un nouveau régime, avec d’importantes protestations politiques et économiques, des manifestations, et des actions militaires. L’impact des révolutions sur la situation politique et économique des pays arabes doit encore être débattu et analysé. L’évolution des mouvements migratoires est difficile à prévoir en l’absence d’une vision claire des choix politiques et économiques à venir.”

Click here for Note.

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by | 06 Dec 2011 · 05:04

Libyan Interception of Migrant Boat Carrying 400 May Have Been Staged

Libyan officials yesterday claimed that Libya intercepted a migrant boat shortly after it left Libya attempting to sail to Italy.  The boat was carrying over 400 migrants from sub-Saharan countries including Ethiopia, Ghana, Ivory Coast, and Nigeria.  Journalists who interviewed some of the arrested migrants reported the incident appeared to have been staged.  Some migrants who “spoke briefly to Reuters said they had paid more than $1,000 each for the trip, and many believed the boat’s captain had had no intention of ever making for the European coast, but had handed them straight to the Libyan authorities. ‘We were deceived by these people, Libyans,’ said Isaac Okyere, a 27 year-old Ghanaian.  ‘They marched us to the Navy people,’ he said, adding that the boat was intercepted about 45 minutes after setting sail.”  Libyan officials denied the arrests were staged, but did admit that the boat’s captain (who apparently was not arrested) alerted officials in advance of the boat’s departure.  It was not reported where the arrested migrants have been taken or what will now happen to them.

Interior Minister Fawzi Abd al All told a news conference that the interception and arrests showed the new government was serious about stopping illegal migration to Europe:  “Despite a lack of means, we were able to prevent illegal immigration of people who were heading for Italy. … Illegal immigration was a means of pressure used by the former regime to blackmail Europe. Now this issue will be treated differently. …We expect support from the world” in preventing such trafficking.

Click here (EN), here (EN), here (IT), and here (FR) for articles.

Click here for video.

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by | 01 Dec 2011 · 06:42

NATO Reportedly Agrees to Provide Additional Information to PACE Regarding Migrant Deaths in the Mediterranean

The PACE Committee on Migration, Refugees and Population, in connection with the preparation of a report by Ms Tineke Strik (Netherlands, SOC) on the deaths of boat people who have died in the Mediterranean, conducted a hearing in Paris on 29 November.  NATO officials who met with Ms Strik in Brussels before attended the hearing reportedly agreed to provide additional information, which might include satellite imagery, to the PACE Committee.

From PACE Press Statement, 30 November 2011:  “‘With 1971 boatpeople having perished in the Mediterranean Sea while trying to reach European soil from North Africa, the year 2011 sets a sad record as the deadliest year for boatpeople,’ PACE rapporteur Tineke Strik (Netherlands, SOC) said at the end of a hearing on this issue, organised by the Parliamentary Assembly of the Council of Europe (PACE) Migration Committee.  ‘Never before the Mediterranean Sea has been as closely monitored as this year because of the war in Libya and still more boat people than ever perished or disappeared,’ the rapporteur added.  ‘Is there a common understanding of a “distress situation”? Is it clear which legal framework is applicable and by whom? Do all ships, even warships, have to proceed with rescue operations even if they are situated beyond established search and rescue zones? Where does legal responsibility start and where does political responsibility end? These are some of the issues we are currently trying to clarify,’ she said.  Mrs Strik’s report will focus on an incident reported in March this year, during which 63 boat people escaping from Libya died after their appeals for rescue had allegedly been ignored. ‘The testimonies of survivors of this incident are coherent, but we have to continue to collect more data and information on who was when and where in the area and we now expect Nato and the EU to provide us with satellite imagery and other relevant information,’ she concluded.”

Click here, here, here, and here for articles.

Click here for PACE Press Statement.

Click here for my last post on the topic.

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by | 01 Dec 2011 · 06:17

New Italian Foreign Minister: Reactivation of Italy-Libya Friendship Treaty is Crucial

In a speech on 30 November to Parliament, Italy’s new Foreign Minister, Giulio Terzi, said the 2008 Italian-Libyan Friendship Agreement is crucial to bilateral relations between the two countries and that it therefore needs to be reactivated.  He announced he will travel to Libya as soon as the new Libyan government is ready to receive him.

Click here, here, and here for articles.  (IT).

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by | 01 Dec 2011 · 05:46

Maltese Constitutional Court Awards Compensation to 2 Somalis Forcibly Repatriated to Libya in 2004

From the Times of Malta:  “Two Somali men have been awarded compensation of €10,000 each after the Constitutional Court found that they were forcibly repatriated to Libya from Malta and had not been given the opportunity for asylum.  …  [After fleeing Libya by boat t]heir boat was intercepted by a Maltese patrol boat and they were brought to Malta.  Upon their arrival they were taken to the Police Headquarters. Neither of them was given the opportunity to apply for asylum in Malta nor were they assisted by an interpreter. Twenty days later the two men, together with four other illegal immigrants were taken, handcuffed, to the airport and were forcibly sent back to Libya.  Both men asked to speak to the UNHCR representative in Malta but their request was refused.  Upon their arrival in Libya they were arrested, beaten and tortured while they were kept in prison for a week. They were transferred to another prison and, three months later, they were taken to court where they were tried without an interpreter.  The men were sentenced to one year’s imprisonment. During their time in prison they were again beaten and tortured. …  The case was instituted by Abdul Hakim Hassan Abdulle and Kasin Ibrahim Nur after they managed to endure torture in a Libyan jail and abandonment in the Sahara Desert before returning to Malta….  In their constitutional application the men claimed that their right to freedom from inhuman and degrading treatment had been violated by the fact that they had been forcibly repatriated to a country which was known to practise torture. They further claimed that their fundamental human right to an effective remedy had been violated as Malta had not allowed them to apply for asylum. Mr Justice Pace pointed out that in terms of law, an immigrant had to be informed of his right to seek asylum in Malta in a language he understood. This had not been done in this case….”

Thanks to Dr Neil Fazon (Aditus.org.mt) for pointing this out and for providing a copy of the Court’s decision.

Click here for article.

Click on this link Abdul Hakim et vs MJHA et for decision (Maltese).

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by | 01 Dec 2011 · 05:23

Criminal Charges Brought in Italy Against 5 Men Accused of Murdering Passengers On Disabled Migrant Boat

Italian authorities in Agrigento have brought criminal charges, including charges of unlawful killing, against 5 men from Ghana and Nigeria who are accused of throwing fellow migrant passengers into the sea from a disabled migrant boat this past August. The victims are alleged to been selected based upon their ethnicity or nationality. The boat in question was carrying over 300 migrants from Libya towards Lampedusa in August when it became disabled.  Italian patrol boats rescued the survivors on 4 August.  Italian authorities at the time accused NATO of failing to act to assist with the rescue of the boat.

Click here (EN), here (IT) and here (IT) for articles.

Click here and here for my earlier posts on the August incident.

Image of migrant boat from monitor inside Italian rescue helicopter

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by | 27 Nov 2011 · 06:36

Libya Seizes Two Italian Fishing Boats in Renewed Dispute Over Libyan Territorial Waters

Two Italian fishing boats were seized yesterday by Libyan patrol boats in the Gulf of Sirte and are being held in the port of Misurata.  The boats are the second and third Italian fishing boats to be seized over the past two weeks.  The seizures indicate the interim Libyan government is maintaining the Ghaddafi government’s territorial claims to the Gulf of Sirte (and that Libya has some functioning patrol boats).  The territorial claims have resulted in numerous incidents and seizures of non-Libyan fishing boats over the years, including the incident in September 2010 when a Libyan patrol boat with an Italian official observer on board fired on an Italian fishing boat.  The waters near Libya are a major spawning ground for the endangered bluefin tuna and fishing vessels from EU countries have apparently taken advantage of the situation in Libya this year to engage in extensive illegal fishing activities.

Click here and here for articles. (IT)

Click here for article regarding illegal fishing.  (EN)

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by | 25 Nov 2011 · 05:19

PACE to Conduct Hearing: “Lives Lost in the Mediterranean Sea: Who is Responsible?” (Paris, 29 Nov)

The PACE Committee on Migration, Refugees and Population, in connection with the preparation of a report by Ms Tineke Strik (Netherlands, SOC) on the deaths of boat people who have died in the Mediterranean, will conduct a hearing in Paris on 29 November.  Ms Strik was appointed in June 2011 by the PACE Committee as Rapporteur to prepare a report on the deaths of boat people who have died in the Mediterranean since January 2011.

“The hearing will look at the loss of human life at sea, it will examine the right of families to receive information on the victims, and it will consider the rules applicable under international law and maritime law relevant to rescue at sea. The hearing will also examine international co-ordination regarding interception and rescue at sea, as well as the role of the national authorities, NATO and FRONTEX.  The participants include representatives of the International Committee of the Red Cross, the Office of the United Nations High Commissioner for Refugees, FRONTEX, the Italian Council for Refugees, and the International Institute of Humanitarian Law.”

The hearing seems to be open only to members of the press and will be held at the Council of Europe, 55 avenue Kléber, 75016 PARIS (Metro: Boissière).

Click here and here for more information.

Click here for my last post on this topic.

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by | 15 Nov 2011 · 07:03

Malta Rejects UNHCR Suggestion that Malta Failed to Carry Out SAR Obligations

The Times of Malta reports that the Armed Forces of Malta (AFM) and Maltese SAR authorities have rejected what they characterised as the “impression conveyed” by a UNHCR spokesperson that “Maltese SAR authorities abdicated from their responsibilities and did not cooperate with the relevant Italian authorities” in connection with the search for and subsequent rescue of 44 migrants on board a disabled boat on 9-10 November.  The migrants were rescued by the Italian Navy ship Foscari and transported to Sicily, not to Lampedusa or Malta which were the two closest ports.

The AFM statement reported by the Times of Malta outlines in detail the Maltese response to the distress call from the migrant boat and Malta and Frontex’s participation in the air and sea search.  The AFM statement said that “[t]he decision for the Italian Navy vessel Foscari to take the rescued migrants to an Italian port in Sicily was the result of Italian insistence that Lampedusa does not represent a place of safety for the disembarkation of migrants, despite it being a mere four hours from the position where the persons were rescued.  Under the relevant legal regime applicable with the Malta SRR, the persons should have been disembarked in Lampedusa which, despite declarations to the contrary, represented the nearest place of safety.”

Click here for article.

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by | 15 Nov 2011 · 06:39

Foster and Pobjoy, Int J Refugee Law, “A Failed Case of Legal Exceptionalism? Refugee Status Determination in Australia’s ‘Excised’ Territory”

The latest edition of the International Journal of Refugee Law contains an article by Michelle Foster (Associate Professor and Director, Research Programme in International Refugee Law, Institute for International Law and the Humanities, Melbourne Law School) and Jason Pobjoy (PhD candidate in Law, Gonville and Caius College, University of Cambridge; Hauser Visiting Doctoral Researcher, New York University School of Law) entitled “A Failed Case of Legal Exceptionalism? Refugee Status Determination in Australia’s ‘Excised’ Territory.”

Abstract: “One of the hallmarks of contemporary state practice in the field of refugee law is the attempt by many states to exclude potential refugees from the international rule of law by implementing creative policies and practices designed to create ‘zones of exception’. This article analyses one of the most blatant attempts at creating a zone of exception in recent times, namely, the creation of more than 4,891 excised places in Australia in which the ordinary safeguards enshrined in the onshore domestic system of refugee protection were intended to be excluded. The article traces the history of the purported excision, outlines the key features of the so-called ‘non-statutory’ process that has subsequently been instituted on Christmas Island as an alternative to the onshore domestic system of refugee status determination, assesses its compatibility with international law, and describes and analyses a recent landmark decision of the High Court of Australia that unanimously and categorically rejected the notion that such a scheme could validly operate outside the (domestic) rule of law. It concludes by considering the domestic and international law ramifications of this decision for Australia’s current proposals for a new regional solution to its perceived refugee problem and, in particular, its recent ‘refugee swap’ arrangement with Malaysia.”

Click here for link.  (subscription or payment required.)

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by | 14 Nov 2011 · 06:12

Chatham House Briefing Paper: Responding to Migration from Complex Humanitarian Emergencies: Lessons Learned from Libya

A new Chatham House Briefing Paper by Dr Khalid Koser entitled “Responding to Migration from Complex Humanitarian Emergencies: Lessons Learned from Libya” has been released.

Summary:

  • At its peak during the Libyan conflict, migration to Tunisia and Egypt was massive, even in the context of a region where large-scale migration has become the norm.
  • In the case of Libya, at least five categories of migration can be distinguished: evacuating migrant workers, Libyan nationals moving into Egypt and Tunisia, ‘boat people’ arriving in the EU, internally displaced persons (IDPs), and asylum-seekers and refugees.
  • The international policy response in Libya was hampered by restricted access. IDPs therefore received limited assistance and protection, and migrant workers, especially from sub-Saharan Africa, experienced harassment and abuse.
  • The policy response in neighbouring states, especially Egypt and Tunisia, was far more robust.
  • The political response in the EU to the relatively small proportion of migrants who reached Europe is considered by many commentators to have been disproportionate.
  • The crisis has highlighted a gap in the international regime for protecting IDPs, and in particular migrant workers. It has also called into question the relevance to modern humanitarian crises of a dated refugee definition. More positively, the response has demonstrated how international agencies can cooperate, and there has been unprecedented cooperation between IOM and UNHCR to respond to ‘mixed flows’ from Libya.
  • Responsibility for managing migration now falls to the new government in Libya.

Click here for paper.

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by | 13 Nov 2011 · 04:45

Ashton in Tripoli – EU Ready to Resume Negotiations on Framework Agreement / Prepared to Immediately Fund Re-Activation of Suspended Migration Programmes

EU High Representative Catherine Ashton travelled to Tripoli on 12 November to open the new EU Delegation office (headed by James Moran) and to meet with Libyan NTC Chairman Mustafa Abdel-Jalil.

From an EU Press Release:  “…  The EU also stands ready to resume negotiations on a Framework Agreement which can serve as a basis for political, economic, social and cultural dialogue and cooperation with the new Libya, whenever the new authorities decide that is the right moment to do so. The same principle applies to the possibility of having Libya joining regional initiatives where the EU is involved….”

“…Beyond tackling the most pressing humanitarian needs, the EU is already preparing both immediate measures to support the stabilisation priorities of the National Transitional Council (NTC), as well as longer-term support programmes. It was agreed at the international conference in Paris on 2 September 2011 that the EU will conduct needs assessment for the following sectors: border management; strengthening civil society and women’s rights, and media/strategic communications, while the UN and the World Bank, with which the EU is working very closely, will lead assessments in other areas. In addition, the EU has already deployed experts in communications, civil society, border management and security, and procurement.   In addition to its humanitarian assistance, the European Commission can make up to €30 million available for immediate stabilisation needs, including through the re-activation of programmes in the field of migration that were suspended when conflict began….” [emphasis added]

Click here for full press release.

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by | 11 Nov 2011 · 15:55

Migrant Boat Rescued by Italian Navy – Migrants to be Transferred to Sicily

The Italian Navy vessel Foscari rescued 44 migrants last night from a disabled boat that is believed to have departed from Libya about 4 days ago.  Maltese media reported that the Italians wanted to disembark the rescued migrants in Malta due to the earlier decision of Italian authorities to close Lampedusa for search and rescue purposes.  However Adnkronos news is reporting that the Foscari is taking the rescued migrants to Augusta, Sicily.

The first satellite phone distress call from the migrant boat was reportedly made when the boat was located within the Libyan SAR.  The migrant boat was finally sighted by an Italian fishing boat last night within the Maltese SAR.  The Italian Navy vessel Foscari rescued the migrants.  A Somali woman and her newborn infant who was born on the migrant boat were flown by helicopter to Lampedusa for medical care.  The remaining 42 rescued persons will now apparently be disembarked in Augusta some time tomorrow.  16 August was the last time a migrant boat reached Italy from Libya.

UNHCR issued a statement saying it was “grateful that the Italian navy took this initiative despite the fact that the boat was in Maltese search and rescue waters.”

Click here (EN), here (EN), here (IT), here (IT), and here (IT) for articles.

Click here for UNHCR statement.

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