Category Archives: Tunisia

Update Regarding Migrant Boat Sinking Off Tunisian Coast

Tunisian authorities continue to recover the bodies of victims from the migrant boat that capsized off the coast of the Kerkennah islands  last week.  TAP reported that 26 additional bodies were recovered on Sunday, 5 June.  Poor weather conditions on Sunday made recovery operations difficult.  According to TAP, 577 persons were rescued from the boat and 200 to 270 persons are believed to have drowned.  There are conflicting media reports regarding the numbers of confirmed deaths.  Some reports indicate that at least 150 bodies have been recovered in addition to the 26 bodies reportedly recovered on 5 June.

The boat, named The Wave, ran around last week, probably on Wednesday, 1 June.  The boat did not capsize until after rescue boats had arrived on the scene.   Tunisian coast guard and local fishing boats were involved in the rescue efforts.  The rescue boats did not have the capacity to rescue all of the migrants from the stranded migrant boat and some people jumped into the water and others moved to one side of the migrant boat causing it to capsize.  Media pictures show the vessel in an upright position with some rescue boats already on scene.  A France24 video report contains cell phone video shot immediately after the boat capsized.  (See pictures below.)

UNHCR and IOM staff have conducted interviews with some of the survivors.  According to UNHCR, the boat left Tripoli on 28 May with up to 850 people on board.  The passengers were primarily from West Africa, Pakistan, and Bangladesh. The crew was recruited on an ad hoc basis and had little or no maritime experience. The France24 video report states that survivors said Libyan military assisted them in leaving Libya.  The boat became lost after leaving Tripoli and on Wednesday, 1 June, it ran around near the Kerkennah islands.  UNHCR spokesman Adrian Edwards said that the boat “capsized as desperate passengers rushed to one side, seeking rescue by the Tunisian coast guard and fishing boats that had approached the vessel. Many fell into the water.”  IOM staff reported that at least one survivor said that during the boat’s voyage some people were thrown overboard alive.  The boat reportedly had run out of food and water.

Click here for a France24 video news report (EN) with cell phone video shot immediately after the migrant boat capsized.

Click here and here for UNHCR reports on the incident.

Click here for IOM Press Briefing Note.

Click here, here, here, and here for Tunisian articles. (FR)

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

Photo Agence Tunis Afrique Presse 04 juin 2011

La Garde maritime à Sfax au secours du chalutier libyen bloqué au large de Kerkennah (Photo AFP)

France24 03 June 2011 - Screen shot

France24 03 June 2011 - Screen Shot

 

 

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Migrant Boat(s) Sink Off Tunisian Coast / 250+ Feared Dead, 550+ Rescued

Tunisian authorities report that one or more migrant boats that had departed from Libya capsized and sank near the Tunisian coast on Tuesday near the Tunisian island of Kerkennah.  There are currently conflicting media reports on the number of boats involved.  The boat(s) are is thought to have been carrying approximately 800 people in total.  Over 500 people have reportedly been saved.  Approximately 270 are missing and assumed dead.

Click here, here, and here for articles.

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Some Refugees Who Fled Libya Return in Effort to Board Boats to Europe

Last week, UNHCR reported that hundreds of people who recently fled Libya to Tunisia and Egypt are returning to Libya in an effort to board boats for Europe.  “Among them are refugees, including members of the Somali, Ethiopian and Eritrean communities in the camps at Choucha near Tunisia’s border with Libya.”  UNHCR is warning of the dangers of trying to reach Europe by sea and of returning to Libya.  “UNHCR has met with refugees in Tripoli who are planning to make the perilous sea journey. ‘They are all aware of the high death toll, but they told us that they feel they have nothing to lose. One Eritrean man told us he would rather die trying to reach safety than continue to live in danger,’ [UNHCR’s chief spokesperson, Melissa] Fleming said.”  “Fleming [also] said that UNHCR had learnt with sadness ‘that people on track for resettlement, following interviews last year in Libya, lost their lives while trying to reach Europe recently. People in the middle of the resettlement process and vulnerable cases are prioritized in our interview schedule.’”

Click here for UNHCR statement.

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PACE Delegation Completes Visit to Lampedusa

A delegation from the PACE Committee on Migration, Refugees and Population has just completed a two day visit to Lampedusa.  The members of the delegation were Christopher Chope (United Kingdom, EDG), Chair of the Migration Committee, Giacomo Santini (Italy, EPP/CD), First Vice-Chair of the Migration Committee, Tineke Strik (Netherlands, SOC), Chair of the Sub-Committee on Refugees, Tina Acketoft (Sweden, ALDE), and Annette Groth (Germany, UEL).  The delegation reported that while the situation in Lampedusa in regard to newly arriving migrants is under control when compared with the situation earlier in the year, the “reception facilities on Lampedusa were inadequate for longer stays – especially for vulnerable groups such as unaccompanied children – and that transfers to better-equipped centres elsewhere in Italy should be carried out within days: ‘In particular, the situation of the Tunisians that have been on the island in detention-like conditions for almost three weeks should be dealt with as soon as possible.’”

The delegation also said that “[t]he arrivals to Lampedusa are not the sole responsibility of a tiny island. There have been enough calls for responsibility-sharing and for solidarity. It is time that Europe acted on them. … Too many have already died at sea trying to reach Europe.  …  Europe must try to protect asylum seekers and refugees in a way that they are not forced to risk their lives first.”

Click here for PACE statement.

Click here for earlier announcement of the visit.

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Interview with Frontex Deputy ED Gil Arias

EurActiv.es conducted an interview in Spanish with Frontex Deputy Executive Director Gil Arias where he speaks about several topics, including Frontex’s response to the current situation in North Africa, the possible implications for Spain should unrest spread to Algeria or Morocco, Frontex’s budget shortfall and need for supplemental funding, and the problems experienced by Frontex when it attempts to negotiate cooperation or training agreements with third countries.

Click here for interview. (ES)

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62 Bodies Recovered on Tunisian Beaches in First Week of May

While irregular departures from Tunisia have been significantly reduced in number since Tunisian authorities resumed efforts to prevent or discourage such departures, bodies from earlier departures and accidents continue to wash ashore.  The Financial Times reports that “62 bodies [were] found [during the first week of May] near Sfax, Kerkennah and Chaffar, up the coastline from Zarzis, apparently from boats lost weeks earlier.”  58 bodies were discovered during the month of April.  FT also reported that “[u]nder the previous regime, would-be illegal migrants risked a fortnight in jail for ‘infringement of frontiers’; now there are no penalties imposed on those who attempted the illegal crossing.”

Click here for FT article (free access, but registration may be required).

Click here for previous post.

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Commission to Adopt New Communication on Migration

The European Voice reported last week that the European Commission will likely adopt a new Communication on migration when the Commission meets on 24 May.  “A communication expected to be adopted by European commissioners … proposes that the countries of the region should receive increased assistance for managing migration in return for commitments to accept repatriated migrants and to tighten border controls. … [The new expected] communication follows a broader communication on migration adopted by the Commission on 4 May. A national diplomat said that the measures outlined in the two communications go ‘in the right direction’ but that the member states were now waiting for actual legislative proposals….”

Click here for EV article.

Click here for Communication on Migration of 4 May.

Click here for previous post regarding Communication of 4 May.

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Análisis del Real Instituto Elcano: La crisis en el Norte de África y su impacto en la inmigración irregular a la Unión Europea (by Frontex Dep. ED Gil Arias)

Real Instituto Elcano has published an analysis regarding the situation in North Africa and its impact on irregular immigration to the EU.  The analysis was written by Frontex’s Deputy Executive Director Gil Arias.

Of particular interest is the analysis regarding what Frontex believes might occur in regard to migrant flows from Libya under two different scenarios: Gadafi remaining in power or ultimately being removed from power (see Google translation of excerpt below):

“… En el caso de que el régimen de Gadafi recupere el control, la UE y sus Estados Miembros no podrán reanudar la cooperación con un régimen totalmente desacreditado. Se producirá el cese en la aplicación de acuerdos de cooperación policial que en el pasado (desde mayo de 2009) sirvieron para detener los flujos de inmigración irregular desde Libia hacia Italia y Malta. La posibilidad de que ciudadanos de otros países africanos bloqueados en Libia sean obligados o “ayudados” a emigrar a la UE no debe descartarse. De hecho, Gadafi ha amenazado con “abrir la puerta” de la inmigración ilegal hacia Europa.

La OIM estima la cifra de extranjeros presentes en Libia entre 0,5 y 1,5 millones. No obstante, no todos serian candidatos a la inmigración ilegal. Se trata fundamentalmente de trabajadores empleados por empresas extranjeras asentadas en el país, por lo que su intención primaria no sería la emigración a la UE y por otra parte una buena parte de ellos ya han abandonado Libia.

En el peor de los casos, la consecuencia de ese “abrir la puerta” sería la reactivación de los flujos por vía marítima hacia Lampedusa y Malta (eventualmente también Creta, que se encuentra a 200 km de distancia de la costa libia) en un escenario similar al de 2008 (40.000 inmigrantes llegaron a Italia y Malta, con origen en las costas libias) agravado por el efecto adicional de la inestabilidad en el país. Su destino principal serían los países con presencia importante de ciudadanos norteafricanos (Italia, Francia, España, Bélgica y el Reino Unido). El destino de los nacionales de países subsaharianos se encontraría más repartido por toda la UE.

Si Gadafi es derrocado resultará clave la capacidad y rapidez de la oposición para reorganizarse. La oposición se encuentra, por el momento, bastante desorganizada y es probable que se produzcan luchas internas por el poder, especialmente por el control de los campos petrolíferos. Ello podría conducir a un estado persistente de disturbios y a una ausencia de control por un largo periodo de tiempo.

La eventual reactivación de las rutas migratorias hacia la UE dependerá de la capacidad del nuevo régimen para imponer la ley y el orden en el país así como el control efectivo sobre los 2.000 km de costas y 4.000 km de fronteras terrestres libias. En el peor de los escenarios podría darse una situación similar a la de Somalia.

En este escenario, la economía libia puede deteriorarse y elevarse los niveles de desempleo. Actualmente se desconoce la tasa de desempleo en Libia, pero se presume baja. Previsiblemente, la mayoría de los trabajadores desempleados intentará regresar a sus países, pero parte de ellos (sobre todo los nacionales de países inseguros) buscaran otras oportunidades, entre ellas la emigración clandestina a la UE.

La ausencia de ley y orden, especialmente la ausencia de control sobre las fronteras marítimas, llevará rápidamente a las mafias al tráfico de inmigrantes hacia la UE. Los candidatos serían primariamente trabajadores desempleados no deseosos de volver a sus países (mayormente de África Occidental y Oriental, pero eventualmente también libios, egipcios, argelinos y tunecinos). Esta situación impediría, por otra parte, el retorno de quienes fuesen detectados cruzando ilegalmente las fronteras exteriores de la UE.

En tales circunstancias se puede prever un flujo constante de inmigración ilegal durante meses, mayoritariamente por vía marítima, pero también por vía aérea a través de Turquía. La duración en el tiempo de este escenario dependerá de la rapidez con la que la UE o los Estados Miembros y las nuevas autoridades sean capaces de restablecer la cooperación. En este sentido, serán determinantes los acuerdos de readmisión efectivos.

Por último, ha de tenerse también en cuenta el riesgo marginal de que los vencedores realicen acciones de persecución sobre los partidarios de Gadafi, lo que provocaría la huida de éstos del país en busca de refugio….”

Google translation of the above excerpts (NB – this is only a rough translation):

“…In the case of Qaddafi’s regime  regaining control, the EU and its Member States shall not resume cooperation with a discredited regime. Termination will occur in the implementation of agreements on police cooperation in the past (May 2009) served to stop the flow of illegal immigration from Libya to Italy and Malta. The possibility for citizens from other African countries locked in Libya are forced or “helped” to migrate to the EU can not be ruled out. In fact, Gaddafi has threatened to “open the door” of illegal immigration into Europe.

The IOM estimates the number of foreigners in Libya between 0.5 and 1.5 million. However, not all candidates would be illegal immigration. These are mainly employed by foreign companies settled in the country, so that their primary intention would not be the migration to the EU and, moreover, a good portion of them have already left Libya.

In the worst case, the consequence of this “open door” would be the reactivation of the flows by sea to Lampedusa and Malta (and possibly Crete, which is 200 km away from the Libyan coast) in a scenario similar to that of 2008 (40.000 immigrants arrived in Italy and Malta, departing from the Libyan coast) aggravated by the additional effect of instability in the country. Its main destination countries would be a significant presence of North African citizens (Italy, France, Spain, Belgium and the UK). The fate of the national sub-Saharan countries would be more distributed throughout the EU.

If Gadhafi is overthrown will be key capacity and speed of the opposition to regroup. The opposition is, at present, quite disorganized and is likely to produce internal power struggles, especially for control of the oilfields. This could lead to a persistent state of unrest and a lack of control over a long period of time.

The eventual recovery of migratory routes towards the EU depends on the ability of the new regime to impose law and order in the country as well as effective control over the 2,000 km of coastline and 4,000 km of land borders Libya. In the worst case scenario could be a situation similar to Somalia.

In this scenario, the Libyan economy may deteriorate and unemployment levels rise. Currently unknown unemployment rate in Libya, but presumably low. Predictably, most unemployed workers try to return to their countries, but some of them (especially insecure country nationals) to seek other opportunities, including illegal migration to the EU.

The absence of law and order, especially the lack of control over maritime borders, whisk the trafficking mafias immigrants into the EU. Candidates would be primarily unemployed workers eager to return to their countries (mostly from West and East Africa, but also possibly Libyans, Egyptians, Algerians and Tunisians). This would prevent, on the other hand, the return of those who were detected illegally crossing the external borders of the EU.

In such circumstances, can provide a steady flow of illegal immigration for months, mostly by sea, but also by air through Turkey. The long life of this scenario depends on the speed with which the EU or the Member States and the new authorities are able to restore cooperation. In this regard, will determine the effective readmission agreements.

Finally, it must also take into account the marginal risk that the winners perform acts of persecution on Gaddafi’s supporters, causing them to flee the country in search of refuge….”

Click here for the Analysis. (ES)

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Tunisia Intercepts / Rescues Migrant Boat Fleeing Libya

Tunisian Coast Guard and Army units (les unités de la garde maritime et de l’armée nationale) intercepted and rescued 222 people on board a migrant boat that left Libya and was attempting to sail to Italy.  The incident occurred on Saturday, 14 May.  The migrant boat was intercepted near Djerba and had reportedly made a distress call because it was taking on water.  The people on board the boat were reportedly all sub-Saharan Africans and they have been taken to the Tunisian camp at Choucha (Shusha).

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

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Retour des Contrôles Dans L’espace Schengen (by Chappatte)

© Chappatte - http://www.globecartoon.com - Used by Migrants At Sea with permission.

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58 Bodies Discovered in April on Tunisian Beaches

The Tunisian Interior Ministry released a communiqué reporting that authorities during the month of April recovered a total of 58 bodies that had been washed ashore.   The bodies were mostly those of men and were found along beaches in Skhira, Chaffar, and Kerkennah, in the department of Sfax, and in Gabès, Djerba, and Mahdia.  The dead are believed to be persons who attempted to reach Italy by boat.

Click here and here for articles (FR)

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Tunisia Stops Migrant Boat From Leaving Tunisia for First Time

Italian Interior Minister Roberto Maroni said on Saturday, 7 May, that Tunisia had for the first time blocked a migrant boat from departing Tunisia pursuant to the terms of the 5 April 2011 agreement with Italy.  Maroni also said that four patrol boats would be transferred to Tunisia by Italy in the coming week for purposes of increasing Tunisia’s capacity to block migrant departures.

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

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Commission Communication on Migration of 4 May

The European Commission today issued a Communication on Migration (COM(2011) 248 final) in response to the ongoing arrivals of migrants and asylum seekers in Italy and Malta and in response to the calls by Italy and France for changes in the implementation or interpretation of the Schengen Agreement.

France has welcomed the Commission’s Communication: “We note with interest that the Commission is considering establishing a mechanism for the temporary reintroduction of controls on some sections of internal borders in cases of difficulties or failures of a Member State. We also welcome the emphasis on strengthening the operational capacity of Frontex, the prospect of ultimately creating a European border guard that France has repeatedly called for. Finally, we welcome with satisfaction the intention of the Commission to propose a suspension clause of the liberalization of visa abuse.” (“Nous relevons ainsi avec intérêt que la Commission envisage l’établissement d’un mécanisme permettant la réintroduction temporaire des contrôles à certaines sections des frontières intérieures en cas de difficultés ou de défaillances d’un État membre. Nous nous félicitons aussi de l’accent mis sur le renforcement des capacités opérationnelles de FRONTEX, avec la perspective de créer à terme un système européen de garde-frontières que la France a régulièrement appelé de ses vœux. Nous accueillons enfin avec satisfaction l’intention de la Commission de proposer une clause de suspension de la libéralisation des visas en cas d’abus.”)

Excerpts from the Commission’s Communication on Migration:

“[***]

The purpose of this Communication is to set recent and future policy proposals in a framework that takes account of all relevant aspects and allows the EU and its Member States to manage asylum, migration and mobility of third-country nationals in a secure environment.

[***]

The continuously evolving situation in our Southern Neighbourhood requires rapid responses. Building upon the European Council Conclusions of 11 and 25 March, the European Parliament’s Resolution of 5 April1, and, the joint Communication of the Commission and the High Representative of 8 March, the Commission will present on 24 May a package of proposals to ensure a coherent EU approach in the area of migration, mobility and security with the Southern Mediterranean countries.

However, the need to address this challenging and evolving situation should not lead to a short-term approach limited to border control without taking account of long-term issues.

[***]

The EU should also ensure that it has in place safe and efficient asylum procedures for people in need of protection. Sixty years after the signature of the Geneva Convention on the Status of Refugees, it is time for the EU to reaffirm its commitment to offer protection to any persecuted third country national or stateless person arriving on its territory. A Common European Asylum System, offering a high level of protection and reducing the disparities among Member States’ asylum systems, must be completed by 2012, as agreed by the European Council.

[***]

At the same time, as recent events have starkly illustrated, the EU continues to face serious challenges in the development of its migration policy. The vulnerability of some sections of the EU’s external borders is a clear example, notably in the Southern Mediterranean and at the land border between Greece and Turkey. In particular, measures must be taken to prevent large numbers of irregular migrants, often exploited by unscrupulous criminal networks, from arriving in the EU. The EU should accordingly pursue a migration policy based on ensuring that inward migration is effectively managed and ensure that the need for enhanced mobility does not undermine the security of the Union’s external borders. While this Communication naturally focuses on regions of most immediate concern, the EU’s migration policy follows a geographically comprehensive approach.

[***]

However, while the current crisis confirms the need for increased solidarity at the European level and better sharing of responsibility, it must be recognised that the EU is not fully equipped to help those Member States most exposed to massive migratory movements.

[***]

Building on the experience gained so far with the current pilot project on relocation from Malta, the Commission will support an extension of this project in view of the current influx of migrants seeking international protection there, to be implemented in close cooperation with the United Nations High Commissioner for Refugees and the International Organisation for Migration.

However, the currently available instruments fall short of fulfilling all the needs and providing a comprehensive response. They can only be resorted to in an ad hoc manner, and are entirely dependent on the will of Member States to voluntarily offer assistance – in whatever form – at a given point in time. This in turn exposes the EU to criticism and risks undermining the trust of the citizens in the EU.

The Commission will closely monitor the continuously evolving situation and may decide, if the relevant conditions are met, to trigger the Temporary Protection Directive3 to provide immediate and temporary protection to displaced persons from third countries that are unable to return to their country of origin.

The Commission will make further proposals during 2011 on delivering solidarity in a holistic manner and how concretely such assistance can be delivered. A number of different approaches are currently being studied, with a view to developing alternatives that will allow urgent needs to be responded to in a more rapid and structured fashion. This initiative will build on the appropriate legal basis of the Lisbon Treaty, such as Articles 80 and 78 paragraph 3, and will draw lessons from the situation in Greece, particularly at the land border between Greece and Turkey, and the crisis in the Southern Mediterranean; it will include possible ad hoc measures to be resorted to in case of particular temporary pressure on one or several Member States, as well as more structural means of ensuring solidarity, both financial and in the form of practical cooperation and technical assistance (e.g. via FRONTEX, EASO, joint operations).

[***]

FRONTEX’s role is key in channelling resources to places where the border is under pressure, as shown by the deployment – for the first time ever – of rapid border intervention teams to the Greek-Turkish land border in 2010 and the deployment of the joint naval operation HERMES to support Italy in 2011. FRONTEX’s legal framework needs be updated to allow it to be more effective in terms of its operational capacity to act at the external border. The Commission proposed the necessary changes in February last year5 and it is now urgent, especially in the light of recent events, that the Council and the Parliament approve this proposal before the end of this semester, as called for by the European Council.

[***]

[A] clear system for Schengen governance is needed. Currently the Union still relies on an intergovernmental system of peer reviews to ensure the application of the common rules. The current revision of the Schengen evaluation mechanism should be based on a Community approach with participation of experts from Member States, FRONTEX and lead by the Commission. The proposed mechanism would ensure more transparency and improve the follow-up of shortcomings identified during the experts’ evaluations. The Commission will also issue guidelines to ensure a coherent implementation and interpretation of the Schengen rules.

A mechanism must also be put in place to allow the Union to handle situations where either a Member State is not fulfilling its obligations to control its section of the external border, or where a particular portion of the external border comes under unexpected and heavy pressure due to external events. A coordinated Community-based response by the Union in critical situations would undoubtedly increase trust among Member States. It would also reduce recourse to unilateral initiatives by Member States to temporarily reintroduce internal border controls or to intensify police checks in internal border regions which inevitably slow down the crossing of internal borders for everyone. Such a mechanism may therefore need to be introduced, allowing for a decision at the European level defining which Member States would exceptionally reintroduce internal border control and for how long. The mechanism should be used as a last resort in truly critical situations, until other (emergency) measures have been taken to stabilise the situation at the relevant external border section either at European level, in a spirit of solidarity, and/or at national level, to better comply with the common rules. The Commission is exploring the feasibility of introducing such a mechanism, and may present a proposal to this effect shortly.

[***]

One of the main purposes of the Common European Asylum System is to reduce the wide divergence in the outcome of asylum applications lodged in different countries of the EU, and to ensure a common set of procedural and substantive rights which can be relied on across the Union, while ensuring full compliance with the 1951 Geneva Convention on refugees and other relevant international obligations.

In 2010, there were some 257 800 asylum seekers registered in the EU, or 515 applicants per million inhabitants. Ten Member States accounted for more than 90% of applicants registered in the EU17.

It is time to complete the Common European Asylum System by reaching agreement on a balanced package by the 2012 deadline agreed by the European Council in December 2009. To that end, the Commission will shortly put forward modified proposals on the Reception Conditions and the Asylum Procedures Directives. A balanced agreement on the revision of the Dublin Regulation must be reached, including on a last resort emergency mechanism in case of exceptional pressures, and on the revised Eurodac system.

[***]”

Click here for the Communication – COM(2011) 248 final.

Click here for Commission Press Statement and here for Commission FAQs.

Click here for French Government’s Point de Presse.

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MEPs Express Concern Over Possible Changes to Schengen Rules

According to an EP press release, during Monday’s LIBE meeting, MEPs expressed concern over the “Commission’s announcement that it is considering a temporary reintroduction of checks at the EU’s internal borders.”

From the EP press release:

“‘Schengen governance is suffering too much from inter-governmentalism’, said the Commission representative [at the LIBE meeting], adding that the Commission would table a communication on the issue on 4 May. The Commission paper will seek to ‘replace the unilateral re-introduction of border controls by a Community mechanism’. This would enable the Commission temporarily to impose checks at national borders, in exceptional circumstances and as a last resort.  [Click on this link [DRAFT 15-04-2011] for a draft version of the Commission Communication on Migration.]

‘The decision would be taken collectively, and not unilaterally as is now the case’, said the Commission representative, pointing out that, at present, Member States’ decisions to restore internal border checks cannot be challenged before the European Court of Justice.

‘Schengen should not be weakened’, said Civil Liberties Committee rapporteur Carlos Coelho (EPP, PT), asking for ‘some precaution’ on this issue….

According to the Commission representative, the 4 May communication, to be unveiled ahead of the extraordinary meeting of the Justice and Home Affairs Council on 12 May and of the European Council in June, will provide a long-term perspective for migration policies.

The communication will focus on the management of the Schengen area and propose ways to improve the administration of the visa system. It will also address the common asylum system, which needs to overcome the current impasse in the Council, and the ‘security and mobility partnership’….

‘This is not a Schengen problem, this is a social problem’ to do with migration, said Birgit Sippel (S&D, DE), adding that ‘I am bothered about the timing’ of these requests by Sarkozy and Berlusconi.

The ‘Council is not willing to deal with migration’, added Judith Sargentini (Greens/EFA, NL). Concerning the reintroduction of border controls, she called for a clear definition of ‘temporary’. Franziska Keller (Greens/EFA, DE), asked ‘Which are the specific cases and who decides what is an emergency or not?’…”

Click here for EP press release.

Click on this link [DRAFT 15-04-2011] for draft version of the Commission Communication on Migration.

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Draft Commission Communication on Migration

[UPDATE 4 May 2011 – the FINAL Communication on Migration was released today.  Click here for Communication and click here for my updated post.]

The European Commission will consider and likely adopt a Communication on migration on Wednesday, 4 May.  Below are excerpts from a draft document which appears to have been under consideration as of 15 April.  The draft Communication  [DRAFT 15-04-2011] includes proposals for burden sharing under certain circumstances and “a mechanism [for the introduction of] a coordinated and temporary reintroduction of [internal EU border] controls. 

Excerpts from the draft:

“Table of Contents

1……….. Introduction

2……….. Crossing the borders

2.1…….. Coping with the crisis: the short-term measures

2.2…….. Border controls

2.3…….. Schengen governance

2.4…….. Preventing irregular immigration

3……….. Moving and living in an area without internal borders

3.1…….. Organised mobility

3.2…….. A consistent policy on mobility including visas

3.3…….. A properly managed legal migration

3.4…….. Building an inclusive society by integrating immigrants

4……….. Providing international protection to persons in need

5……….. Migration in External relations beyond the crisis

5.1…….. The Global approach to migration

5.2…….. Beyond the crisis: the EU and the Southern Mediterranean in partnership

1.  Introduction

[***]

Some Member States, such as Italy, Malta, Greece and Cyprus are more directly exposed to massive arrivals of irregular migrants and, to a limited extent, of persons in need of international protection. This is not a national problem alone, but needs also to be addressed at the EU level and requires true solidarity amongst Member States.

The EU must ensure quick assistance to all persons in need – as it has done notably at the Tunisian-Libyan border – and provide shelter to those in need of international protection. Whilst the EU must maintain and consolidate its tradition of granting asylum and protection it should also foresee the appropriate tools in order to prevent large number of economic migrants crossing the borders irregularly. To reach these objectives, managing effectively the EU borders is a condition of credibility inside and outside the Union.

The continuously evolving situation in our Southern Neighbourhood requires rapid responses. Building upon the European Council Conclusions of 11 and 25 March, and the joint Communication of the Commission and the High Representative of 8 March, the Commission will present on 24 May a package of proposals to address the EU approach in the area of migration, mobility and security with the Southern Mediterranean countries.

However, the absolute need to address this challenging and evolving situation should not lead to a short-term approach limited to border control without taking account of long-term issues. Dialogue and cooperation with countries of origin and of transit of these migrants is essential. Such collaboration needs to be built on security and good governance for the establishment of mutually beneficial policies in the field of legal migration. It also implies enhanced economic cooperation in order to develop the conditions for growth and employment in the countries of origin, to address the causes of irregular migration and to promote a pact for development and well managed legal migration in its various forms.

[***]

2.1   Coping with the crisis: the short-term measures

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Those Member States that are most exposed to the growing flows of refugees and irregular migrants have been helped with the financial consequences of the displacement. To this end, around 25 MEUR which were identified under the External Borders Fund and European Refugee Fund.

While the current crisis confirms the need for increased solidarity at the European level and better sharing of responsibility, it must be recognised that the EU is not fully equipped to help those Member States most exposed to massive migratory movements.

The financial resources available under the General programme “Solidarity and Management of Migration Flows” are inadequate to respond to all requests for assistance. First, these funds can not be mobilised easily; they are designed to intervene in a stable situation and not to tackle emergencies and crisis. Secondly, the magnitude of the problems largely exceeds the existing facilities.

In the context of the next Multi-Annual Financial Framework, the European Parliament, the Council and the Commission, will have to draw lessons from the current crisis. For the EU to react quickly and effectively in the case of unforeseen events or emergencies, Home Affairs funding should be adapted so that it can be mobilised much more rapidly and flexibly, including in third countries.

In principle, other forms of solidarity exist to respond to the dramatic events taking place in the region. Building on the experience gained so far with the current pilot project on relocation from Malta, the Commission will support an extension of this project in view of the current influx of migrants seeking international protection there, to be implemented in close cooperation with the United Nations High Commissioner for Refugees and the International Organisation for Migration. However, the currently available instruments fall short of fulfilling all the needs and providing a comprehensive response. They can only be resorted to in an ad hoc manner, and are entirely dependent on the will of Member States to voluntarily offer assistance – in whatever form – at a given point in time. This in turn exposes the EU to criticism and risks undermining the trust of the citizens in the EU.

The Commission will closely monitor the continuously evolving situation and may decide, if the relevant conditions are met, to trigger the Temporary Protection Directive to provide immediate and temporary protection to displaced persons from third countries that are unable to return to their country of origin.

The Commission will make further proposals during 2011 on delivering solidarity in a holistic manner and how concretely such assistance can be delivered. A number of different approaches are currently being studied, with a view to developing alternatives that will allow urgent needs to be responded to in a more rapid and structured fashion. This initiative will build on the appropriate legal basis of the Lisbon Treaty, such as Articles 80 and 78 paragraph 3, and will draw lessons from the situation in Greece, particularly at the land border between Greece and Turkey, and the crisis in the Southern Mediterranean; it will include possible ad hoc measures to be resorted to in case of particular temporary pressure on one or several Member States, as well as more structural means of ensuring solidarity, both financial and in the form practical cooperation and technical assistance (e.g. via FRONTEX, EASO, joint operations).

Finally, as an important gesture of solidarity towards the North African countries (especially Tunisia) which are currently hosting large number of persons in need of international protection who cannot be returned to their countries of origin, and in order to maintain ‘protection space’ in these countries, it is important for EU Member States to accept to resettle some of these persons.

2.3  Schengen governance

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A mechanism must also be put in place to allow the Union to handle situations where either a Member State is not fulfilling its obligations to control its section of the external border, or where a particular portion of the external border comes under unexpected and heavy pressure due to external events. A coordinated response by the Union in these critical situations will increase trust among Member States. It will also reduce the need for unilateral initiatives by Member States to temporarily reintroduce internal border controls or to intensify police checks in internal border regions. However, even when such initiatives are taken within the limits set by the acquis, they inevitably slow down the crossing of internal borders for everyone. To be used as a last resort in truly critical situations, a mechanism may therefore need to be introduced allowing for a coordinated and temporary reintroduction of controls at one or several sections of the internal border. Such a mechanism would apply for a limited and pre-determined period of time, until other (emergency) measures have been taken to stabilise the situation at the relevant external border section either at European level, in a spirit of solidarity, and/or at national level, to better comply with the common rules. The Commission is exploring the feasibility of introducing such a mechanism, and may present a proposal to this effect shortly.

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Click on this link  “DRAFT 15-04-2011” for draft Communication.

Click here, here, and here for articles.

[UPDATE – 4 May 2011 – Click here for FINAL Communication and click here for my updated post.]

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