Category Archives: United Nations

by | 22 Feb 2011 · 15:43

UNHCR gravely concerned for safety of asylum seekers & refugees in Libya

From UNHCR: “… Some of the reports we are getting from third-party sources are very worrying. A journalist has passed information to us from Somalis in Tripoli who say they are being hunted on suspicion of being mercenaries. He says they feel trapped and are frightened to go out, even though there is little or no food at home. … We ask all countries to recognize the humanitarian needs at this time of all people fleeing targeted violence, threats, and other human rights abuses in Libya.”

Click here for UNHCR note.

Leave a comment

Filed under Libya, Mediterranean, News, Statements, UNHCR

Tagged as , ,

by | 10 Feb 2011 · 06:10

COE Seminar: Human rights dimensions of migration in Europe (Istanbul, 17-18 Feb)

Thomas Hammarberg, COE Commissioner for Human Rights, and the Turkish Chairmanship of the Council of Europe Committee of Ministers are holding a migration and human rights seminar in Istanbul, 17-18 February.  From the Commissioner’s web site:  The seminar “aims to exchange views on the most important discrepancies between European migration laws and practices and human rights standards, as well as on optimal ways to provide assistance to states in reflecting on and revisiting their migration policies.”

Three general topics will be addressed: Human rights challenges of migration in Europe, Unaccompanied migrant children, and Smuggling of migrants.  Scheduled speakers and participants include:

  • Karim Atassi, UNHCR Deputy Representative to Turkey;
  • Tina Acketoft, PACE Committee on Migration, Refugees and Population;
  • Emily Logan, Irish Ombudsman for Children;
  • Rebecca O’Donnell, Save the Children, Brussels;
  • Elisabet Fura, ECtHR Judge;
  • Martin Fowke, Unit on Trafficking in Persons and Smuggling of Migrants, UNODC;
  • Richard Ares Baumgartner, Frontex Senior External Relations Officer ;
  • Professor Dr. Nuray Ekşi, Chair of Private International Law Department at the Law Faculty of ĺstanbul Kültür University;
  • Professor Theodora Kostakopoulou;

Click here for draft programme.

2 Comments

Filed under Aegean Sea, Colloques / Conferences, Commissioner for Human Rights, Committee of Ministers, Council of Europe, European Court of Human Rights, Frontex, Turkey, UNHCR, UNODC

Tagged as , , , , , , , , , , , ,

by | 10 Feb 2011 · 05:42

Boats Carrying 200+ Tunisians Reach Lampedusa

Over 200 Tunisians reached Lampedusa during the night of 8-9 February in several boats.  Approximately 500 Tunisians have reportedly arrived in Italy in less than one month.  EveryOne Group has called upon the UNHCR and Italian officials to ensure that the newly arrived individuals be provided the right to apply for international protection or asylum.  Italian Interior Minister Maroni said there “is tremendous pressure on the Tunisian coast: it is still red alert, but it can become and we are monitoring the situation closely.” («una fortissima pressione sulle coste tunisine: non è ancora allarme rosso, ma può diventarlo e stiamo monitorando attentamente la situazione».)  Maroni also said “we are very concerned about the escape of criminals from jails in Tunisia for the risk of terrorist infiltration between the Tunisians who want to come to Europe in the guise of political refugees.” («Ci preoccupa molto la fuga di criminali dalle carceri della Tunisia per il rischio di infiltrazioni terroristiche tra i tunisini che vogliono venire in Europa sotto le spoglie di rifugiati politici. »)

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

Leave a comment

Filed under Italy, Mediterranean, News, Tunisia, UNHCR

Tagged as , , , , , ,

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.

Leave a comment

Filed under European Court of Human Rights, European Union, Italy, Libya, Mediterranean, News, UNHCR

Tagged as , , , , , , , , , ,

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.

Leave a comment

Filed under European Union, Italy, Libya, Mediterranean, News, UNHCR

Tagged as , , , , , , , , , , , ,

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.

Leave a comment

Filed under Analysis, European Union, Libya, News, UNHCR

Tagged as , , , , , , , , ,

by | 21 Nov 2010 · 05:18

Migreurop Report: European borders- Controls, detention and deportations

Migreurop has released its second report on Europe’s borders: “European borders- Controls, detention and deportations.”  Migreurop describes the report as a “[denunciation of] the « externalization » process of the European union migratory policy [which] shows how third countries are obliged, through the threat of the reconsideration of cooperation agreements and development aid, not only to readmit the migrants chased from Europe, but also to keep them on their own territory from travelling towards its doors.   From Calais area in France to the edge of Turkey and the Adriatic sea, from the surroundings of Gibraltar to the Sahel Saharan desert and the new member states of eastern Europe, a subcontracting of migratory control is carried out in series, sometimes very far away from the Union but also within its territory, especially when it deals with sending asylum seekers from country to country considered as unwanted. A large population of exiles, from both sides of the European borders, is subjected to arbitrary incarceration, wandering, and the constant humiliation of a hostile environment….”

Here is the Table of Contents:

Introduction

  • What have migrants become 3

Ceuta, a gilded prison

  • A murderous border 7
  • A legal limbo 8
  • The situation of migrants in detention 8
  • The situation of migrants in the CETI (open centre) 9
  • Deportations and expulsions 12
  • Surviving without resources 14

Sahel-Saharan countries, Europe’s new sentries

  • I – European interference in inter-African migrations – the case of Mauritania 18
    • The “crisis of the cayucos” 18
    • 1. Cooperation instigated by Europe 18
    • 2. Mauritania tramples on its own principles and conforms 21
    • 3. Subcontracting repression and endangering foreigners 22
  • II – Bargaining between Libya and Europe: migrants as an exchange currency –the case of Niger 33
    • 1. A reciprocal exploitation 34
    • 2. An increasingly repressive control of borders 37
    • 3. Arrests and detention in Libyan territory 39
    • 4. A deadly expulsion policy 42
  • Conclusion: the real face of Kadhafi’s pan-Africanism 44

Poland, Romania: how to be good state members in the enlarged EU

  • I – At the new frontiers: the screening of migration 47
    • 1. Reducing the transit and deserving Schengen 48
    • 2. The border police, Frontex and cooperation with other European states 48
  • II – Reception and detention centres 52
    • 1. The detention of foreigners 52
    • 2. Reception centres: isolating asylum seekers 60
    • 3. “Dublinized” asylum seekers 61
  • III – Returns 63
  • IV – Intolerance towards migrants and refugees 66
  • V – Embryonic mobilizations 70

The Ionian and Adriatic seas: forced returns between Italy and Greece

  • A new migration route at Europe’s gates 73
  • I – Controlling and blocking 75
    • 1. Controls in Greece 75
    • 2. Controls at sea 77
    • 3. Controls in Italian ports 78
  • II – Turning back and readmission 82
    • 1. Arbitrary practices and violation of rights 82
    • 2. The port of Venice: collective returns 83
    • 3. The port of Ancona 86
    • 4. Forced return to Greece 86
  • III – Detention 88
    • 1. At the borders and at sea: areas beyond legality 88
    • 2. Detention in Italy 89
    • 3. Detention in Greece 90
  • IV – Some cruel situations 93
    • 1. In Greece 93
    • 2. In Italy 96
  • V – Mobilizations 97
    • 1. In Venice 97
    • 2. In Ancona 97
    • 3. In Greece 98

Ping-pong at the Greco-Turkish border

  • Selective expulsions and random readmissions 106
  • Reactions to a degrading and sometimes murderous situation 107
  • Assistance, support, resistance 108

Dismantling the Calais jungle: a deceptive operation

  • I – The declared objectives of the 22 September 2009 operation 112
  • II – The real objectives of dismantling the jungle 113
  • III – The Modus Operandi: brutality and trickery 115
  • IV – What next? 116

Migreurop network 121

Annexes 122

  • Knocking down walls and defending the right to migrate 122
  • UNHCR-Libya : the bid is rising, migrants pay the price 124
  • All for the closure of camps for migrants, in Europe and beyond 125
  • Italia and Libya: hand in hand 127
  • Roma people victims of the French government xenophobia 128

Click here for the report (EN), or  here (FR), or here (ES).

Click here for article (ES) in Periodismo Humano about the report.

1 Comment

Filed under Aegean Sea, Eastern Atlantic, English Channel / La Manche, European Union, France, Frontex, Italy, Libya, Mauritania, Mediterranean, Morocco, Niger, Reports, Spain, Turkey, UNHCR

Tagged as , , , , , , , , , , , , , , , , , ,

by | 09 Nov 2010 · 07:02

UNHCR Issues Protection Policy Paper: Maritime Interception Operations and the Processing of International Protection Claims

The UNHCR has issued a Protection Policy Paper: “Maritime interception operations and the processing of international protection claims: legal standards and policy considerations with respect to extraterritorial processing.” (Nov. 2010).

The “paper outlines UNHCR’s views on extraterritorial processing of claims for international protection made by persons who are intercepted at sea.”  UNHCR’s position is that it is not possible to conduct a full and adequate RSD onboard a ship and therefore intercepted persons should in most circumstances be disembarked in the territory of the intercepting state to have their claims for protection considered in regular in-country RSD procedures.

The paper should be read in its entirety (17 pages).  Here are some excerpts (with most footnotes omitted):

“1. Governments in some regions have adopted, or are considering, measures to process certain claims for international protection outside of their territory.  This is particularly the case following maritime interception operations, 2  where asylum-seekers and migrants are prevented from reaching their destination while on the high seas or in the territorial waters of a third State. …

(Ftnt 2 There is no internationally accepted definition of interception, and its meaning is largely informed by State practice. A working definition is provided in Executive Committee Conclusion No. 97 (LIV) (2003) on Protection Safeguards in Interception Measures, available at http://www.unhcr.org/41b041534.html .)

4. If extraterritorial processing is part of a comprehensive or cooperative strategy to address mixed movements, the location of reception and processing arrangements is only one relevant element. With its 10-Point Plan on Refugee Protection and Mixed Migration, (‘10-Point Plan’), UNHCR has developed a tool that provides suggestions across a number of areas, … This paper should be read in conjunction with the 10-Point Plan, and related strategies for comprehensive State cooperation in this field.

[…]

9. The existence of jurisdiction triggers State responsibilities under international human rights and refugee law.  It is generally recognized that a State has jurisdiction, and consequently is bound by international human rights and refugee law, if it has effective de jure and/or de facto control over a territory or over persons….

(Ftnt 10 Some governments have argued that an intercepting State may not have jurisdiction under international law over persons located on parts of its territory that have been excised under domestic law (e.g. declared ‘international’ or ‘transit’ areas in airports, ports and border areas, or other parts of State territory including remote territories or islands), on high seas, or on the territory of a third State that is under the control of the intercepting State (e.g. because the intercepting State is responsible for a military base or reception centre). Such arguments are inconsistent with the notion of jurisdiction under international law. Domestic law is not determinative of the existence of jurisdiction as a matter of fact under international law: The Vienna Convention on the Law of Treaties, 1155 U.N.T.S. 331, 8 I.L.M. 679, entered into force 27 January 1980, Article 27 (providing that a State may not invoke the provisions of its internal law as a justification for its failure to perform a treaty); see also Article 3 of ILC, Draft Articles on the Responsibility of States for International Wrongful Acts with Commentaries (2001).)

55. Processing onboard maritime vessels is generally not appropriate. In exceptional circumstances, that would need to be defined further, initial profiling or prescreening onboard the maritime vessel by the intercepting State may be one solution to ensure that persons with international protection needs are identified and protected against refoulement. Following profiling, those persons identified as having potential protection needs would need to be disembarked in the territory of the intercepting State to have their international protection claims considered in regular in-country RSD procedures….

56. In general the carrying out of full RSD procedures onboard maritime vessels will not be possible, as there can be no guarantee of reception arrangements and/or asylum procedures in line with international standards….”

(My thanks to Dr. Neil Falzon, former Head of UNHCR’s Malta Office, for bringing this to my attention over a week ago – and my apologies for being behind in email and updates. –nwf)

Click here for complete Paper.

Leave a comment

Filed under Analysis, Statements, UNHCR

Tagged as , , , , ,

by | 09 Nov 2010 · 04:56

Yemen to End Prima Facie Refugee Status for Somalis

Yemen announced a plan to end its policy of granting prima facie refugee status to Somali nationals.  If the change is approved by the Council of Ministers, arriving Somalis would be required to make individual requests for refugee status.  The Yemen Observer reported that “[a]ccording to Essam al-Mahbashi, member of the National Committee for Refugee Affairs (NACRA), not all Somalis are fleeing conflict as many of them come from safe regions such as the port of Bosasso in the Puntland region of northern Somalia in search of better economic opportunities. Al-Mahbashi said that the emergence of extremist groups in Somalia like al-Shabab al-Mujahideen is one of the reasons why Yemen wants to cancel the prima facie refugee status policy.”  “Patrick Duplat of NGO Refugees International (RI) told IRIN that RI encouraged countries, including Yemen, to offer Somalis the broadest protection mechanisms possible given the current situation in their homeland. However, he said Yemen’s new policy would be in line with newly issued UNHCR guidelines on Somalis that allow for such screening but call for those Somalis not granted refugee status to be afforded ‘complementary forms of international protection.’”

Click here for article.

1 Comment

Filed under Gulf of Aden, News, Somalia, UNHCR, Yemen

Tagged as , , , , , , ,

by | 12 Oct 2010 · 05:23

ECRE Critical of EU Migration Agreement with Libya

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

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

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

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

Click here for full statement.

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

1 Comment

Filed under European Union, Italy, Libya, Mediterranean, Statements, UNHCR

Tagged as , , , , , , , ,

by | 08 Oct 2010 · 03:36

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

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

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

Excerpts from her address:

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

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

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

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

Click here for full address.

2 Comments

Filed under Aegean Sea, European Union, Greece, Italy, Libya, Mediterranean, News, Statements, UNHCR

Tagged as , , , , , , , , , , , ,

by | 06 Oct 2010 · 20:05

Cecilia Malmström: Back From Libya

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

Translated excerpts:

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

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

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

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

Click here for the full posting.

3 Comments

Filed under European Union, Italy, Libya, Mediterranean, News, UNHCR

Tagged as , , , , , , , , , , , ,

by | 01 Oct 2010 · 15:49

Global Migration Group Statement on the Human Rights of Migrants in Irregular Situation

The Global Migration Group (GMG) issued a Statement on the Human Rights of Migrants in Irregular Situation on 30 September.  Excerpts from the Statement follow:

“The Global Migration Group is deeply concerned about the human rights of international migrants in an irregular situation around the globe….

Too often, States have addressed irregular migration solely through the lens of sovereignty, border security or law enforcement, sometimes driven by hostile domestic constituencies. Although States have legitimate interests in securing their borders and exercising immigration controls, such concerns cannot, and indeed, as a matter of international law do not, trump the obligations of the State to respect the internationally guaranteed rights of all persons, to protect those rights against abuses, and to fulfill the rights necessary for them to enjoy a life of dignity and security….

The GMG calls upon States to review the situation of migrants in an irregular situation within their territories and to work towards ensuring that their laws and regulations conform with and promote the realization of the applicable international human rights standards and guarantees at all stages of the migration process. The GMG recognizes the difficulties many States face and stands ready to continue to support them in their efforts to ensure the effective implementation of appropriate legislation, including through capacity development….

The irregular situation which international migrants may find themselves in should not deprive them either of their humanity or of their rights….”

GMG is an inter-agency group bringing together 12 UN agencies, the World Bank, and the International Organization for Migration to promote the application of relevant international instruments and norms relating to migration, and to encourage the adoption of more coherent, comprehensive and better coordinated approaches to the issue of international migration.

(As noted by Prof. William Schabas on his blog.)

Click here for the full Statement.

Leave a comment

Filed under News, Statements, United Nations

Tagged as , , , , , ,

by | 24 Sep 2010 · 04:50

2010 Report of the Special Rapporteur on the HR of Migrants

The Report of the Special Rapporteur on the human rights of migrants (Jorge Bustamante) was released in August over the summer break and I am just seeing it now.  This report was submitted to the General Assembly.  Here is the partial Index:

III. Issue in focus: the impact of the criminalization of migration on the protection and enjoyment of human rights

  • A. The impact of the criminalization on the enjoyment of human rights
  • B. The impact of the criminalization of migration on specific groups
  • C. Examples of good practices and alternatives to the criminalization of irregular migration

IV. Conclusions and recommendations

  • A. A rights-based approach to migration governance
  • B. Decriminalizing and managing irregular migration

[79. States should ensure that their border control and anti-smuggling efforts are carried out in a manner that respects and protects human rights, does not interfere with search and rescue obligations, and does not block access to asylum procedures and the identification of trafficked victims….
81. The detention of children and adolescents through border control measures, such as interception at sea, should be addressed through a child protection approach. Similarly, migration authorities responsible for the mistreatment of children should be held fully accountable.]

C. Preventing ethnic profiling of migrant communities, hate crimes, racism, racial discrimination, xenophobia and related intolerance

D. Finding alternatives to immigration detention

E. Protecting specific groups

F. Information-sharing, data and analysis

G. Recommendations on international cooperation

The 2008 Report of the Special Rapporteur is also very worthy of note.  The 2008 Report discussed in depth, among other topics, the increased criminalization of irregular migration, the abuses of migrants during the  migration process, the externalization of migration control policies, and violations against irregular migrants pertaining to interception and rescue at sea.

Click here for 2010 Report.

Click here for 2008 Report.

Leave a comment

Filed under Human Rights Council, News, Reports, United Nations

Tagged as , , ,

by | 13 Jul 2010 · 02:49

UNODC Publication: Smuggling of Migrants into, through and from North Africa

UNODC has issued a new publication entitled “Smuggling of Migrants into, through and from North Africa: A thematic review and annotated bibliography of recent publications.”  Most of the reviewed literature and data are from 2008 and earlier dates and therefore the publication does not include references to more recent events, e.g. the Italy-Libya migration agreement.  But it is a comprehensive and useful publication.  The 16 page Annotated Bibliography is a very good resource.

According to the UNODC web site, the publication “focuses primarily on the patterns and dynamics of migrant smuggling, as it concerns the North African region. Recognizing, however, that irregular migration and smuggling flows are transnational in nature, the review goes beyond North Africa, to also cover sub- Saharan African and European countries affected along the various smuggling routes.  The aim of the review is twofold: to describe major findings on smuggling of migrants; into, through and from North Africa, and to highlight the need for further research on specific issues that have not yet been studied.”

Table of Contents:

  • I. Introduction
  • II. Quantifying irregular migration and smuggling of migrants
  • III. Migrant smuggling routes
  • IV. Profiles and characteristics of smuggled migrants
  • V. Smuggler-migrant relationships
  • VI. Organizational structures of migrant-smuggling networks
  • VII. Modus operandi of migrant smuggling
  • VIII. Smuggling fees
  • IX. The human and social costs of smuggling
  • X. Summary of findings
  • XI. Annotated bibliography

Click here for the publication.

Leave a comment

Filed under Aegean Sea, Algeria, Analysis, Data / Stats, Eastern Atlantic, Egypt, France, Greece, Italy, Libya, Malta, Mauritania, Mediterranean, Morocco, Reports, Senegal, Spain, Tunisia, Turkey, UNODC

Tagged as , , , ,