Office of Legal Counsel (US Dept of Justice) 1994 Legal Opinion, “Whether the Interdiction of Undocumented Aliens Within United States Territorial Waters Constitutes an Arrest Under Section 287(a)(2) of the Immigration and Nationality Act”

This post will be of little interest to most people, but I wanted to give an online home to this US Department of Justice Office of Legal Counsel (“OLC”) legal opinion issued on April 22, 1994 [22 April 1994 OLC Opinion] and which we obtained last month pursuant to a Freedom of Information Act request submitted to OLC in September 2009.

The legal opinion, “Whether the Interdiction of Undocumented Aliens Within United States Territorial Waters Constitutes an ‘Arrest’ Under Section 287(a)(2) of the Immigration and Nationality Act,” concludes that “[t]he interdiction within the territorial waters of the United States of illegal aliens entering or attempting to enter the United States is not an ‘arrest’ of such aliens within the meaning of INA § 287(a)(2).”

By concluding that an interdiction within US territorial waters does not constitute an arrest under US immigration laws, the 1994 legal opinion re-affirmed a 1993 OLC legal opinion that aliens interdicted within the 12 mile territorial sea zone are not entitled to hearings before an immigration judge which in turn means that such aliens are not able to seek protections under US immigration law, including protection against refoulement. The 1993 memo stated, inter alia, that “the State Department has advised us of its view that the United States’s international law obligations under the Protocol do not require it to provide … hearings to aliens who have merely arrived in its territorial waters.”

This rationale was extended by a 1996 OLC legal opinion to interdictions that occur within the “internal waters” of the US.  “Internal waters” under US law include such bodies of water as “the straits between the Florida Keys [and] portions of the Chesapeake Bay.”

Since 1992, the US has maintained the position that its obligation to apply Article 33 non-refoulement protection does not extend to persons encountered outside US territory in international waters.  While asserting it is not obligated to extend Article 33 protection to persons encountered in international waters, within the 12 mile territorial sea, or within internal waters, the US does extend Article 33 protection to interdicted migrants on a discretionary case-by-case basis.

Click on this link, 1994 OLC Opinion, for newly released 1994 OLC legal opinion: “Whether the Interdiction of Undocumented Aliens Within United States Territorial Waters Constitutes an ‘Arrest’ Under Section 287(a)(2) of the Immigration and Nationality Act,” Memorandum from Office of Legal Counsel, US Department of Justice (22 April 1994).

Click here for 1993 OLC legal opinion: “Immigration Consequences of Undocumented Aliens’ Arrival in United States Territorial Waters,” Memorandum from Office of Legal Counsel, US Department of Justice (13 October 1993).

Click here for 1996 OLC legal opinion: “Rights of Aliens Found in US Internal Waters,” Memorandum from Office of Legal Counsel, US Department of Justice (21 November 1996).

Click here for Executive Order No 12807 (29 May 1992) containing, inter alia, US interpretation of its Article 33 obligations in regard to persons encountered in international waters.

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20th Anniversary of the Arrival at Bari, Italy of 15,000 Albanian Boat People

Twenty years ago, on 8 August 1991, several ships carrying approximately 15,000 Albanian migrants succeeded in entering the port of Bari, Italy.  The Italian government’s response was harsh.  Most of the Albanians were detained in a sports stadium without adequate food, water, or access to bathrooms.  Italian authorities dropped supplies to the detained migrants by helicopter.  Within several weeks most of the migrants were deported to Albania.  Their harsh treatment was criticised by human rights organisations and the Pope, but was justified by the Italian government as necessary to deter further irregular migration from Albania.

Excerpts from the 27 January 1992 PACE Report on the Exodus of Albanian Nationals:

“[***]

THE MASS EXODUS FROM ALBANIA

13.       Albania’s forty years of isolation from the rest of the world, combined with its disastrous economic, social and political situation, have had a traumatic effect on its citizens. They feel overwhelmed by hopelessness in the face of Albania’s domestic situation, and although their knowledge of other countries is based solely on what they have heard, or seen on Italian television, they long for the opportunity to start a new life abroad.

14.       This general mood became evident after mid-1990 when increasing numbers of asylum-seekers started to leave the country. Distressing images reminded the public in the rest of Europe of a part of the continent which they had forgotten existed.

15.       In July 1990, Western embassies in Tirana were besieged by large numbers of Albanian nationals. Some 5 000 people sought to leave the country. Thanks to the mediation of international organisations, and after intensive negotiations, a large number of them managed to obtain visas and were granted political asylum in several European countries, particularly Germany, Italy and France. Some have apparently since returned to Albania.

16.       At the end of 1990, some 3 000 Albanian nationals had arrived in Greece by crossing the border between the two countries without meeting any resistance from Albanian border guards. By mid-March 1991, 20 000 Albanians, many of them of Greek ethnic origin, were estimated to have entered Greece. Some of these Albanian nationals have applied to the Greek authorities for political asylum. However, interviews of asylum-seekers have shown clearly that the exodus was not politically motivated but directly linked to the difficult situation prevailing in Albania. The Greek authorities granted work permits to those who found a job and temporary residence permits to the others. Repatriation programmes for all those wishing to return voluntarily were carried out in close co-operation with the Office of the United Nations High Commissioner for Refugees (UNHCR).

17.       On 5 March 1991, a large number of Albanians gathered before the German, French, Greek and Italian Embassies in Tirana, where it was rumoured that visas were going to be distributed. The following day (according to various sources), several boats left the Albanian port of Durres with 20 000 Albanians on board.

18.       On 7 March 1991, Albanian ships began arriving at ports in southern Italy (Brindisi, Bari, Otranto and Monopoli). In spite of the Italian authorities’ public refusal to allow the Albanians to land, many managed to do so.

19.       On the following day, 8 March 1991, hygiene on the boats had deteriorated to such an extent that landing was unavoidable. Crowds of Albanians settled on the quays of Italian ports to await aid which took several days to arrive, as the Italian authorities were overwhelmed by their sheer number.

20.       The Italian authorities claim that 20 000 Albanians arrived in Italy between 7 and 10 March 1991. Negotiations between the authorities in Tirana and Rome subsequently brought the exodus to an end, and Italy has undertaken to discuss with Albania how to eliminate its root causes.

21.       Also in March 1991, an undetermined number of Albanians of Serbian and Montenegrin origin attempted to enter Yugoslavia illegally.

22.       In June 1991, the Albanian authorities requested the United Nations Development Programme to organise an interagency mission in order to undertake an assessment of Albania’s urgent humanitarian needs. In the field of migration, the mission concluded that the great majority of Albanians who had left the country were seeking improved economic conditions and recommended to the Albanian government that it provide incentives so as to encourage Albanians to remain in their country.

23.       During the first days of August 1991 thousands of Albanians reached the western port of Durres and the southern port of Vlora, in the hope of going on board ships that would take them to Italy.

24.       The Albanian authorities tried in vain to prevent its citizens from leaving the country by putting the ports under military control and halting passenger trains.

25.       On 8 August 1991 an estimated 10 000 Albanian nationals aboard several ships forced their way into the port of Bari in the south-east of Italy and approximately 1 000 into the port of Otranto. Moreover, 675 Albanians aboard two other ships who tried unsuccessfully to land at ports in Sicily, were diverged to Malta and later returned to Albania.

26.       After several hours of waiting in the port of Bari, the Italian authorities allowed the Albanians to disembark for humanitarian reasons and led them to La Vittoria Sports Stadium. As the Italian authorities started forced repatriation using military transport planes and ferries, clashes broke out between policemen and Albanians. The Albanians barricaded themselves in the stadium refusing to return to their country; some 300 succeeded in escaping.

27.       The Italian authorities offered the Albanians 50 000 lire (40 US dollars) each and new clothes if they would return home. As this offer did not attract the Albanians, forced repatriation continued.

28.       At the same time the Italian Government increased its financial aid to Albania. Right after the repatriation operations food and emergency aid was sent to Albania. On 12 August 1991, the European Community announced an extra 2,3 million US dollars of emergency aid to be used to buy food and medicines.

29.       The large majority of Albanians arriving in Italy were claiming to be looking for work and escaping the poor economic situation in their country. The failure to repatriate the 7 000 Albanians who arrived in March 1991 as well as rumours of an immigration agreement between Albania and Italy seemed to encourage this last flow.

30.       All of Europe witnessed the dramatic scenes, captured on television news, showing the Albanians being expelled by Italian officials. Although repatriation was legally justified, the way in which the operation was conducted was problematic. The vast majority of the Albanians, according to their accounts of the exodus, fled their country because they felt “buried alive” there. They explained that when the news spread like wildfire that it was possible to leave Albania, lorries were seized in the ensuing rush, ships commandeered, and their crews forced to set sail. It was a form of mass psychosis. It is difficult to determine whether this psychosis was triggered deliberately; rumours suggest that this was the case, but there is no conclusive evidence to support this.

31.       The Albanians’ deportation from Italy was beset with problems, and on a number of occasions the police were deployed. The Albanians were particularly distressed to find that despite promises from the Italian authorities to allow some of them to travel to new homes in Italy, they were still sent straight back to Albania.

32.       It should be noted, however, that the Italian authorities provided the Albanians with food, clothing and some money.

33.       Although there was remarkable sympathy for the Albanians in Italy, the official Italian position was that these persons were seeking economic betterment in Italy and consequently could not be considered as political refugees.

34.       From 15 to 17 August the International Organisation for Migration (IOM) and UNHCR sent a joint mission to Albania. It discussed with the Albanian authorities issues related to migration, such as:

–       the continuation of voluntary return projects from neighbouring countries;

–       the planned and orderly emigration of a small number of Albanians to work in industrialised countries;

–       the implementation of an information project aimed at informing Albanians of the economic and social situation in neighbouring countries;

–       the need to promote, in the mid-term, the reinsertion of returning Albanians, through appropriate vocational training before their return.

35.       It must also be recalled that, at the request of the Italian authorities, IOM and UNHCR, in conjunction with the Italian Red Cross, established a programme of voluntary return. As at the end of August 1991, 1 130 Albanians had been assisted by IOM in their voluntary return. The programme was financed by the Italian Government.

36.       By the end of December 1991 more than 200 000 Albanians were estimated to have left their country since the exodus began in July 1990. However, the UNHCR considers this figure could be substantially higher.

[***]”

Click here for 27 January 1992 PACE Report on the Exodus of Albanian Nationals:

Click here and here for articles about events in Bari marking the anniversary. (IT)

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Issue Brief- Cutting Off the Flow: Extraterritorial Controls to Prevent Migration

An Issue Brief, “Cutting Off the Flow: Extraterritorial Controls to Prevent Migration,” written by Eleanor Taylor-Nicholson, has been published by the Warren Institute for Law and Social Policy, University of California, Berkeley.  The issue brief was written as a background paper for a conference held by the Warren Institute at UC Berkeley Law School on 22 April 2011.

Excerpt: “… This issue brief explores the extent to which the United States, Europe and European governments have implemented different extraterritorial controls. Although we hear of such controls in the media, how common are they? Who is overseeing them? What do they involve? What are concerns with their use? To answer these questions, this brief presents information on key actors, including individual nation-states and their agents, and on the range of mechanisms used by both. A comparison of two major immigration destinations is included to consider similarities and differences in the use of extraterritorial controls by states.

A review of the literature and media reports finds that extraterritorial controls include a diverse range of measures by different actors, some of which have been extremely controversial, such as maritime interdiction and offshore detention, and others that are more accepted or less understood, such as visa controls and disruption of organized immigration crime. Further, while such controls are now ubiquitous in both regions, their design and implementation generally lack public oversight and accountability mechanisms. They may protect states from security threats, have the potential to provide early protection to people in need, and save traveling migrants in distress. But, if used primarily as an immigration deterrence mechanism, they can cause harm. Indeed they may provide states a means to evade their international obligations or lead to violations of international refugee law and human rights law.

In light of this, we recommend governments conduct a comprehensive and public review of the extraterritorial controls they have in place, taking into consideration international refugee and human rights commitments. We also urge governments to increase the transparency of their immigration control agreements with third parties, including private actors and other states….”

Click here for Issue Brief.

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In Solidarity with Norway

Photo Credit: Finlands Ambassade Oslo (Facebook page)

People gathered outside Cathedral Square, Oslo, Saturday night. Photo: Monica Strømdahl / Aftenposten

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Record Numbers of Migrants Reaching Ceuta and Melilla by Sea

Since the beginning of July there has been a surge in the number of irregular migrants entering the North African Spanish autonomous cities of Ceuta and Melilla.  Over 200 migrants have entered Ceuta mostly by swimming or using small rafts to enter the territory from Morocco.  Melilla has reportedly had approximately 207 migrants reach its territory during the same period.  This is the largest number of irregular entries by sea in recent years, though the number is small compared to the events of 2005 when numerous migrants were able to traverse the border fences of the two cities.

The CETI (Centre for Temporary Stay of Immigrants) in Melilla is at roughly twice its capacity and is holding over 730 immigrants.  The CETI in Ceuta has an official capacity of 512 and is now holding over 680 migrants. The three main political groups in Ceuta’s local government have called on the Spanish government to transfer migrants from Ceuta to the mainland in order to relief the overcrowding.

Francisco Javier Velázquez, the director general of the Spanish police and Civil Guard just completed a visit to Rabat to seek greater cooperation from Morocco in controlling the migratory flow towards the Spanish territories.  Several media reports suggest that Moroccan authorities have reduced police and border guard patrols near the Spanish cities because they were deployed elsewhere in Morocco in response to the large demonstrations surrounding the referendum on the new Moroccan constitution.  With the internal demonstrations becoming smaller and less frequent, Spanish authorities believe that the Moroccan border patrols will soon be restored.

Click here, here, here, here, here, and here for articles. (all ES)

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Call for a Humanitarian Flotilla to Stop Deaths in the Mediterranean

A coalition of migrants’ rights organisations, including Migeurop, Cimade, Gisti, FIDH, and others hope to organise a humanitarian “flotilla which will undertake maritime surveillance so that assistance is finally provided to people in danger. The participatory organisations call on European bodies and governments on both sides of the Mediterranean to establish relations within this common area on the basis of exchange and reciprocity. This flotilla will embark political figures, journalists, artists, and representatives of the organisations involved in the project.  Any organisation, trade-union, political representative, seafarer, journalist, artist or other individual interested in this initiative may join this mailing list : « Mediterranean Intervention ».” To subscribe to the mailing list, please send an email to migreurop07@yahoo.it.

Click here for full Migreurop statement.

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Missing Since 2008 – Algerians Seek Information About 43 Family Members Who Disappeared After Arrest by Tunisian Coast Guard

In October 2008, a migrant boat attempting to sail from Algeria to Italy ran around near Tabarka, Tunisia.  The boat’s 43 passengers (39 Algerians, 3 Tunisians, and 1 Moroccan), between the ages of 16 and 22, were detained by the Tunisian Coast Guard.  There has been no word on their fate since shortly after their arrest.  Last week a group of Algerian families travelled to Tunis and held a press conference asking the new Tunisian government for information about what happened to their family members.  Past efforts to obtain information from the Tunisian government have been unsuccessful.

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

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NATO Transfers Rescued Migrants to Tunisia

According to information provided by the Spanish Ministry of Defence, the Spanish frigate Almirante Juan de Borbón sailed to Tunisia earlier this morning (16 July) and, while remaining outside Tunisian waters near Zarzis, transferred the remaining 106 rescued migrants to the Carthage, a Tunisian naval vessel.  114 migrants were initially rescued by the Spanish ship.  5 of the migrants were airlifted to Malta for medical reasons on 13 July.  On 11 July, shortly after the initial rescue of the migrant boat, 3 migrants were evacuated and turned over to Tunisian authorities.  The original 114 consisted of 88 men, 20 women (5 of whom are pregnant), and 6 children. The Defence Ministry said that the decision to transfer the migrants to Tunisian authorities was a NATO decision.

While the decision to disembark the migrants in Tunisia is better than sending them to eastern Libya (something I was fearful would occur), Tunisia is problematic for several reasons.  The migrant boat was reportedly carrying Tunisians.  To the extent that any of them may have had claims for international protection, the claims have been effectively eliminated.   It is not known whether any efforts were made to assess whether any of the Tunisians had claims for international protection.   And to the extent that any of the non-Tunisians have claims for international protection, Tunisia is clearly less able to handle such claims and less able to provide care for asylum seekers relative to Malta, Italy, or Spain (or any of the NATO countries participating in Operation Unified Protector).

[17 July update – NATO’s OUP Press Office informed me earlier today that any questions regarding who made the decision to transfer the migrants to Tunisia and whether any of the migrants were screened for claims for international protection had to directed to the Spanish Ministry of Defence.]

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

Click here for Spanish Ministry of Defence press statement and additional photos. (ES)

Photo Credit: Ministerio de Defensa de España (mde.es)

Photo Credit: Ministerio de Defensa de España (mde.es)

Photo Credit: Ministerio de Defensa de España (mde.es)

Photo Credit: Ministerio de Defensa de España (mde.es)

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Malta Says the 111 Rescued Migrants Aboard Spanish Frigate Are NATO’s Problem, Not Malta’s Problem

The stand-off between Malta, Spain, and NATO continues.  111 rescued migrants remain on board the Spanish Navy frigate, the Almirante Juan de Borbón.  Maltese authorities criticised the attempt to bring the rescued migrants to Malta and have said that the migrants should have been taken to Tunisia or Italy because both locations were closer to the original point of rescue.  Malta has now allowed a total of 5 migrants to be airlifted to Malta for medical care.  The frigate remains at sea near Malta with the 111 migrants, including women and children, and a crew of 250 sailors.

At a press conference yesterday, Maltese Interior Minister, Carmelo Mifsud Bonnici, said that while Malta decided to allow the transfer of several rescued migrants to Malta for emergency medical treatment, it has no intention of allowing the other rescued migrants to be disembarked in Malta.  According to the Times of Malta, Mifsud Bonnici said “the problem is not Malta’s, it is Nato’s.  Malta is a sovereign state and it demands that it be respected as such. This is not a standoff with Spain or Italy and we await Nato’s replies.”

It is unclear from various media reports whether Italian authorities formally refused permission to the Spanish frigate to dock in Lampedusa, but some reports suggest there was communication with Italian authorities who said that Lampedusa’s immigrant reception facilities were at capacity.  Well over a thousand migrants have landed in Lampedusa in recent days.

There are also some media reports which suggest that the Spanish government may be taking the position that since the Spanish frigate is under NATO command as part of Operation Unified Protector, NATO therefore must decide where the migrants are to be disembarked.

The head of the Armed Forces of Malta has taken the bizarre position that the Spanish ship is well-equipped to care for the rescued migrants and that therefore there is no urgency in regard to removing the migrants from the ship for humanitarian reasons.

Meanwhile, the NATO naval embargo of Libya is missing one ship.  NATO had 17 ships under its command patrolling the Central Mediterranean, now there are 16 ships.  The Spanish frigate has been effectively removed from its embargo duties as it waits for a resolution to the stand-off.  If and when another migrant boat requires rescue by a ship under NATO command, will the NATO embargo be further weakened?  The obligations of NATO ships to rescue migrant boats in distress under SOLAS are clear, and NATO has repeatedly said that it will rescue migrant boats when required, but one must be fearful of a situation arising, as it does with commercial ships, where a NATO vessel’s commander may be less willing to conclude that a migrant boat is in need of rescue knowing that the act of rescuing the migrants may result in the NATO ship being removed from its mission because it is unable to quickly disembark the rescued migrants.

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

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Aditus Calls for Immediate Disembarkation of Stranded Migrants

A statement from Aditus, “an independent, voluntary & non-profit organisation established with a view to monitor, act & report on access to fundamental human rights by individuals & groups”, which is based in Malta:

14 July 2011

“’Once again, political discussions take precedence over human lives.  It is at times like these that our consciences are called to do what is right, to ensure a full respect for the fundamental human rights of all persons irrespectively of colour, origin and status.’

It appears that the Maltese and Italian authorities are once again disagreeing over where to disembark a group of around 100 rescued migrants.  Rescued earlier today by a Spanish frigate, the Almirante Juan de Borbón, the group of migrants seems to be largely composed of men but also includes several women and children.  According to news reports, the stranded migrants were rescued in Sunday morning yet the date of departure from Libyan shores is as yet unconfirmed.

It is important to emphasise that the rescued persons have fled a situation of civil war, and have possibly been through several harrowing experiences.  ‘It is unclear when they left Libya, yet they have definitely been out at sea for over 5 days.  This can only mean that they are probably exhausted, dehydrated and are in urgent need of physical and psychological assistance.  A warship is definitely not the place to provide this urgent assistance’, commented aditus Chairperson Dr. Neil Falzon.

aditus applauds the crew of the Juan de Borbón for rescuing the persons in distress, yet urges the Italian and Maltese authorities to immediately relieve the warship of rescued migrants, in the interests of both the latter and of the crew itself.  aditus further recalls that international maritime law requires a prompt disembarkation at a place of safety for all persons rescued at sea, and that any prolonged period spent aboard the warship poses severe security, humanitarian and human rights concerns.

aditus therefore appeals to the Italian and Maltese authorities to allow the immediate disembarkation of the rescued persons so that their safety may be guaranteed.

For the longer-term, the two States are urged to seek resolution to this on-going legal impasse that too often has resulted in these tragic incidents.  To this end, aditus strongly recommends the involvement of competent international and regional agencies particularly the European Union, the International Maritime Organisation and NATO.”

Click here for statement.

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Italy and Malta Turn Back NATO Ship Carrying 100 Rescued Migrants

A political and diplomatic standoff is underway between Malta, Italy, Spain and NATO.  The Times of Malta is reporting that the Spanish frigate, the Almirante Juan de Borbón, carrying the 100 rescued migrants attempted to dock at Lampedusa after the rescue, “but the Italian authorities refused it entry  and directed the vessel to Malta, which also refused entry, arguing that Lampedusa was the nearest safe port.”  “The Spanish warship is now off Maltese waters while talks are held between Maltese, Italian and Spanish diplomats.  A meeting which included the Prime Minister and Home Affairs Minister Carm Mifsud Bonnici was being held this afternoon at the Auberge de Castille.  Nato is understood to have appealed to both Italy and Malta to accept the migrants.”  The Times of Malta also reported that a 10 month old baby was flown yesterday from the Spanish frigate to Malta for medical treatment and that a man and pregnant woman were airlifted to Malta today.

Click here for Times of Malta article.

Click here and here for previous posts.

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Rescued Migrants Remain on NATO Ship While Consultations Continue Regarding Place of Disembarkation

According to information provided to me today by the NATO Public Affairs Office for Operation Unified Protector, most of the migrants who were rescued on 10-11 July by a NATO warship are still on board the Spanish Navy frigate.  An unspecified number of the migrants in need of immediate medical attention have been “off-loaded to safety” to an unidentified location.

While the NATO Public Affairs Office did not identify the NATO ship or its nationality, the Spanish Defence Ministry and Navy have previously confirmed that the Spanish frigate Almirante Juan de Borbón is the NATO ship that performed the rescue.

According to NATO, “the NATO Frigate responded [on 10 July] to a vessel in distress some 75 miles off the coast of Libya. A NATO ship [then] … provided medical support, food and offered mechanical assistance to the distressed civilians. [On the] 11th of July, the migrants (approximately 100), Ghanaians, Tunisians and Libyans, were transferred onto the NATO ship in accordance with the Safety of Life at Sea (SOLAS) protocol…”

Most of the migrants remain on board the Spanish frigate.  NATO says that “the appropriate legal, diplomatic and military authorities are being consulted to determine future course of action.”

I have asked for further information regarding to what location the migrants who were in need of immediate medical attention have been taken.  The possibilities presumably are another ship with appropriate medical facilities, Tunisia, Libya, Italy, Malta, or Spain.

Click here for my previous post on this topic.

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NATO Warship Rescues 100 Migrants from Boat Off Libya; Where Will Migrants Be Disembarked?

A Spanish Navy frigate, the Almirante Juan de Borbón, participating in NATO’s Operation Unified Protector, on Sunday rescued approximately 100 migrants who were in a disabled boat that reportedly left Zawiyah, Libya several days ago.  The migrants have been without food and water for at least two days.  Among the rescued persons are pregnant women and children.

It is not clear where the migrants will now be taken.  Some reports indicate that the Spanish Defence Ministry is hoping that Tunisia, Malta, or Italy will receive the migrants.  NATO is reportedly seeking a country to accept the migrants.  The migrants are reportedly from Libya, Tunisia, and Sub-Saharan Africa.

Hopefully the migrants will be disembarked quickly (assuming it has not already happened) in an appropriate location where any claims for international protection can be properly considered.  It would be problematic if the migrants are required to remain on the Spanish warship for an extended period and if nearby countries refuse to permit the disembarkation.

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

Click here and here for Spanish Defence Ministry and Navy press statements.  (ES)

These photos were released by the Ministerio de Defensa de España.

Photo Credit: Ministerio de Defensa de España (mde.es)

Photo Credit: Ministerio de Defensa de España (mde.es)

 

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Malmström Makes Some Correspondence Public and Searchable Via Internet

I am not sure for how long this has been available, but Commissioner Malmström noted in a blog post yesterday that she is making some (emphasis on “some”) of her public correspondence available on-line: “… I am posting my correspondence online (the correspondence with private persons is excepted). I am trying to get more Commissioners to do the same and I am striving for a greater transparency throughout the Commission. There is much more to do in this respect….”

The correspondence is being made available via “CAROL“: “CAROL is a prototype register where you can find Commissioner Malmström’s correspondence. This site is a pilot project of the European Commission promoting transparency and access to information and is bound by the general rules on access to Commission documents.”

I have spent a little time searching and accessing a few of the posted documents. There appear to be at least 2,100 documents that have been identified as of 7 July, but for many of the listed documents there is no associated document that can be read. In these cases it is unclear whether a decision has been made to simply identify the existence and subject matter of the particular document without releasing the document itself or whether the document will be posted in the future once it is scanned – to be seen. The documents date from April 2010 to the present. This is clearly a positive step in the right direction and let’s hope that more documents will be made public and easily accessible.

Click here or here for links to the search pages. (Note that entering some search criteria on the first link will result in an advance search page appearing, where you can search using more specific criteria. Clicking on the second link should open the advanced search page.)

Here is a sample of what I reviewed when searching for documents relating to the EU-Libya Framework negotiations in 2010:

Letter from the Commissioner dated 15 July 2010 addressed to:

“Mr Michael SCHÖPF, Regional Director

Mr Stefan KEßLER, Senior Policy & Advocacy Officer

JESUIT REFUGEE SERVICE-EUROPE AISBL, BRUXELLES

[***]

As you may know, the European Council, in the context of the fight against irregular immigration and taking into consideration the global approach to migration, tasked last year the Commission to step up the dialogue and cooperation with transit countries in the Mediterranean, in particular Libya. The Commission considers that it is through dialogue and cooperation with Libya that the EU can improve the situation, in particular for persons in need of international protection.

We consider that the conclusion of the EU-Libya Framework Agreement, which will commit partners to respect a number of important principles and pave the way for a more structured dialogue with Libya, will provide a more effective framework for inter alia establishing an effective system of protection of persons in need of international protection in Libya.

Pending such outcome, the Commission intervenes in Libya by providing its financial support to UNHCR and its local partner organisations, which are active in visiting and screening migrants in detention centres, and in identifying and assisting those out of them that are in need of international protection.

Finally, in your letter you mention also the forced returns to Libya of migrants intercepted at high sea which were carried out by Italy from May 2009, asking the Commission to call on this Member State to suspend this activity. The Commission has already drawn the attention of the Italian authorities on the risks that forced returns embodied as regard the possibility to violate the principle of non-refoulement and the migrants’ human rights in case certain safeguards were not taken. On the basis of the information available to the Commission, since August 2009 no more forced returns have been carried out by Italian authorities, and the migrants that subsequently were intercepted or rescued at high sea by the latter were all brought to Italian territory.

Yours sincerely,

s/

Cecilia MALMSTRÖM”

Click here or here for links to the search pages. (Note that entering some search criteria on the first link will result in an advance search page appearing, where you can search using more specific criteria. Clicking on the second link should open the advanced search page.)

Click here for the Commissioner’s blog post.

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1000 Migrants Reach Andalucía by Boat in First Half of 2011

According to figures compiled by Europa Press, 1,003 migrants in 40 boats reached Andalucía (Almeria, Granada, Cádiz, Huelva and Malaga) between 1 January and 7 July 2011.  The majority of the migrants landed in the province of Granada.

Click here (ES) for article.

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Filed under Data / Stats, Eastern Atlantic, Mediterranean, Morocco, News, Spain