Frontex Issues 2011 Annual Risk Analysis

Frontex posted its 2011 Annual Risk Analysis to its web site yesterday. [Update 9 May 2012: 2011 Annual Risk Analysis also available here: frontex_annual_risk_analysis_2011 ]

From the Frontex web page: “Frontex’s Annual Risk Analysis 2011 records the main trends in regular and irregular migration into the European Union in 2010 and offers predictions for the coming year’s trends. Regarding irregular migration, the sharp decrease reported in 2009 (of around a third on 2008) stabilised in 2010; Member States and Schengen Associated Countries reported a total of 104,049 detections of illegal border crossing at the sea and land external borders, a total almost identical to the 2009 figure of 104,599….”

Executive Summary:  “Irregular migration represents a small proportion of the total movement of persons across the borders, three quarters of which are EU nationals. Over 100 nationalities require a visa to enter the EU, accounting for more than 80% of the non-EU population, while about 1 billion nationals from 37 countries do not require a visa. As yet, there are no precise statistics available on passenger flows for 2010, but it is widely regarded to have recovered somewhat from the decline of 2009.

Regarding irregular migration, the sharp decreasing trend reported in 2009 stabilised in 2010; Member States and Schengen Associated Countries reported 104 049 detections of illegal border-crossing at the sea and land external borders, a total almost identical to 2009.

Irregular migration through western African, western Mediterranean and central Mediterranean routes continued to decrease, thus reducing the overall detection of irregular migration of West Africans who, in the past, used to be the most commonly detected migrants on those routes. By contrast, there was an abrupt increase in detections of illegal border-crossing at the land border between Turkey and Greece. Consequently, in 2010 the eastern Mediterranean route became the main channel of irregular migration into the EU, and Turkey – the main transit country for irregular migrants.

The sudden increase in detections of illegal border-crossings along a small section of the Greek-Turkish land border in October 2010 was due to facilitators exploiting variations in the vulnerability of the external border. This development triggered the first deployment of the Rapid Border Intervention Team (RABIT) in November 2010.

At EU level, refusals of entry decreased marginally in 2010; however, trends differed extensively between nationalities. Ukrainians continued to be the main nationality refused entry at EU Member States’ external borders in 2010, mostly at the Ukrainian border with Poland which is one of the busiest border sections along the EU’s external borders. Furthermore, Serbians became the second most frequently refused nationality at the external land borders, with more than an 80% increase, following the visa liberalisation process in the Western Balkans. At the external air borders, Brazilians continued to be the nationality most often refused despite the fact that these refusals declined by more than 20% compared to 2009.

At the end of 2010, the detection of false documents at entry points to the EU reached their highest level since data collection began in early 2009. Apart from this increase, there are reports of widespread abuse of authentic documents by unauthorised users known as impostors.

Looking ahead, regular passenger flows across the external borders will increase due to rising global mobility, possible visa-liberalisation procedures for the EU’s eastern European partners and new local border-traffic agreements along the eastern borders. These developments will increase the workload of border-control authorities in preventing the use of legal channels for overstaying. In addition, Europe will host two major sporting events – the Olympic Games in London and the UEFA Euro 2012 in Poland/Ukraine.

Consistent with the increasing flow of passengers, the growing number of registered traveller programmes (RTP) should further facilitate bona fide passenger flows and will put additional emphasis on risk analysis-driven border checks in order to ensure the smooth flow of legitimate passengers.

There might be changes in the external Schengen and EU borders in 2011 or 2012, with the possible entry of Romania and Bulgaria into the Schengen area and Croatia’s possible accession to the EU.

The most likely high-pressure points for illegal border-crossings in 2012 will be along the Mediterranean coast and the land border with Turkey. Migrants with relatively easy access to Turkey or North Africa will continue to typify the flow.”

Click here for the Frontex statement.

Click here for the 2011 Annual Risk Analysis.  [Update 9 May 2012: 2011 Annual Risk Analysis also available here: frontex_annual_risk_analysis_2011 ]

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ICJ Publishes New Practitioners Guide –“Migration and International Human Rights Law”

The International Commission of Jurists has just published its sixth Practitioners Guide entitled Migration and International Human Rights Law: Practitioners Guide No. 6.  The Guide was researched and written by Massimo Frigo and edited by Róisín Pillay.

“The Practitioners Guide on Migration and International Human Rights Law analyses the protection afforded to migrants by international law and the means to implement it at national and international levels. The Guide synthesises and clarifies international standards on key issues, in particular: the rights and procedures connected to the way migrants enter a country and their status in the country of destination; human rights and refugee law constraints on expulsion; the human rights and refugee law rights linked to expulsion procedures; the rights and guarantees for administrative detention of migrants; rights connected to work and labour; and rights to education, to the highest attainable standard of health, to adequate housing, to water, to food, and to social security.”

The 300 page Guide includes Chapters or Annexes on Human Rights Impediments to Expulsion, Detention, ESC Rights in Migration, and International Legal Remedies, among other subjects.

Click here or on this link  PGNo6-ElectronicDistribution for the Practitioners Guide.

(Thanks to Massimo Frigo for bringing this to my attention.)

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Extraordinary JHA Council Meeting 12 May

From the Europa web site:  “This Council meeting will focus mainly on migration and border related issues arising from the situation in the Southern neighbourhood region. Ministers will follow up the European Council conclusions of 11 March (EUCO 7/11) and 24-25 March (EUCO 10/11, pt 18-26) and the Council conclusions of 11-12 April 2011 (8909/11). They will also discuss a related communication to be presented by the Commission. The state of play as regards the proposal for modifications to the 2004 regulation that established the European agency for the management of operational cooperation at the external borders of the EU member states (FRONTEX) will also be reviewed at a meeting of the Mixed Committee in the margins of the Council….”

From the Commission’s Memo:

“Main Council agenda items:

[***] The Commission expects the Council to support the main lines of action set out in its 4 May Communication on migration for a more structured, comprehensive response to the challenges and opportunities of migration. These proposals, which come in addition to the urgent short-term measures already taken by the Commission to deal with the migration situation in the Southern Neighbourhood and migration pressures on frontline Member States, will be followed by flanking initiatives in the coming weeks and months. A first series of proposals, notably on integration and migration relations with the Southern Mediterranean, will be submitted to the College for adoption on 24 May.

Background: On the 4th of May 2011 (IP/11/532 and MEMO/11/273), the Commission presented its comprehensive strategy for a common EU asylum and migration policy, also in view of the current developments in the Mediterranean. The initiatives cover various aspects of migration, including provisions for:

  • Effective and credible controls at the EU external border (strengthening of Frontex; exploring the feasibility of creating a European system of borders guards).
  • An improvement of Schengen governance (guidelines to ensure a coherent implementation of the Schengen rules; revised evaluation mechanism based on a Community approach; a possible EU-coordinated mechanism allowing for the temporary reintroduction of controls at the internal borders, as a last resort and under exceptional circumstances)
  • An effective and responsible approach to tackling irregular immigration (effective implementation of EU legislation and rethinking of the EU readmission policy).
  • Promoting mobility in a secure environment (possible development of a ‘new generation’ of border checks; proper use of visa liberalisation combined with safeguards).
  • Achievement of a Common European Asylum Policy (adoption of the Commission proposals already tabled).
  • Further development of common rules on legal migration and an exchange of experience and best practices on the integration of migrants.
  • Deepened relations with third countries in the framework of the Global Approach to Migration, in particular through enhanced dialogues and Mobility partnerships with countries in the Southern Mediterranean.

2. Strengthening Frontex Agency

[***] Commission’s position: The Commission expects that the European Parliament and the Council will deploy all necessary efforts to find an agreement on the Commission’s proposals by the end of June, considering that such an agreement would help Frontex to better assist the EU in facing the current migration situation.

Background: In February 2010 (IP/10/184 and MEMO/10/45), the Commission made proposals to strengthen European Union’s border management agency, Frontex. The proposals include reinforcing the legal framework to ensure full respect of fundamental rights during Frontex activities and enhancing the operational capacity of Frontex to support Member States. With the new proposal, Member States would put more equipment and more personnel at the Agency’s disposal. Frontex would be able to co-lead border patrols operations with EU Member States or lease and buy its own assets (such as vessels or helicopters). It would also be allowed to provide technical assistance to third countries and deploy liaison officers in third countries.

3. Evaluation and future strategy for EU readmission agreements (EURAs)

[***]

Pledging Conference on relocation and resettlement

[***]

Commission’s position: The Commission took the initiative to gather the Ministers, expecting confirmation of their commitment to engage in further relocation of refugees from Malta and to resettle refugees stranded in North Africa. This would demonstrate the concrete solidarity the EU and its Member States are willing to show in times of need, both internally with its own Member States and to its international partners. The Commission is ready to provide funding for the extension of the pilot project of relocation from Malta, as well as for resettlement from North Africa undertaken on a voluntary basis by Member States.

Background: The implementation of the EU relocation pilot project with Malta has been ongoing for more than a year and it has been a success in demonstrating concrete intra-EU solidarity by the relocation of refugees present in Malta to other Member States. In April, the Council adopted conclusions on solidarity, where it reaffirmed the need for solidarity towards Member States most directly concerned by migratory movements and welcomed the Commission’s intention to extend the existing pilot project for the relocation of refugees from Malta. Several Member States have announced their intention to participate in this project. In its conclusions, the Council also requested the Commission to facilitate resettlement activities undertaken on a voluntary basis by the Member States, also by means of financial support. The resettlement of refugees stranded in North Africa had already been discussed at a meeting on the 25th of March, with the participation of the UNHCR, during which Member States provided information on their commitments to resettle a number of refugees from the region.”

Click here for Commission’s Memo

Click here for Agenda.

Click here for Background Note.

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Guardian: Libya Official Admits Migrant Ships Being Allowed to Sail as Protest Against Nato

From today’s Guardian:  “The Libyan regime of Colonel Muammar Gaddafi is allowing thousands of sub-Saharan African migrants on to overcrowded, unseaworthy ships in an apparently calculated attempt to use migration as a weapon to pressure Nato and the EU countries backing Libya‘s rebels. [***] Officials said they were doing nothing to encourage the journeys to Italy, but could see no reason to stop them, because doing so would serve the interests of Nato member states bombing Libya.

‘We say to Europe that we can no longer do what we used to do,’ said the prime minister, al-Baghdadi Ali al-Mahmoudi. ‘And that’s because Nato has ruined our coastal defences.’ [***] [S]urvivors told the [UNHCR] that some ships were leaving Tripoli only for their captain to disembark once they were at sea and take a pilot boat back to shore.  ‘They [the migrants] are told, “here’s the compass, you go that way”,’ [UNHCR spokesperson Melissa] Fleming said. [***]”

Click here for Guardian article.

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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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Royal Navy Destroys Mine Outside Misrata Harbour

A Royal Navy mine counter-measures vessel, the HMS Brocklesby, last week located and destroyed a mine containing 100 kg of high explosives outside of the Misrata harbour.

Click here for Royal Navy press statement.

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Libya: Because of NATO Aggression, We Cannot Be Guards of Europe

From an AP story about the sinking of the migrant boat that left Tripoli last week, killing hundreds of persons:

“… International agencies say some recent migrants report being forced onto dangerously packed ships at gunpoint by Libyan soldiers. A spokesman for Moammar Gadhafi suggested that increased illegal immigration was the price European nations would pay for their military and political support of the rebels trying to topple Libya’s strongman. ‘Because of the NATO aggression against our country and because our coastal border guard is being hit daily … we are unable to deal with this situation and that is why Europe is being flooded with illegal immigration,’ government spokesman Moussa Ibrahim said. ‘We cannot be the guards of Europe at this moment.’…

The U.N. said migrants’ boats started leaving Libya for Europe again on March 25, the day NATO took over military operations. About 14,800 since have made the gruelling journey across the Mediterranean in rickety ships run by smugglers who rarely provide enough food and water. At least 800 people had been lost at sea in three boat sinkings before the latest ship went down with 600 aboard off Tripoli on Friday, the U.N. said.  Five boats carrying 2,400 people have arrived in recent days on the Italian island of Lampedusa, the closest European point to Libya. Every one of those boats needed to be rescued by the Italian coast guard and police, the U.N. said.

‘We know that the people running the boats are smugglers. But obviously you cannot have over 2,000 people leaving in a few short days without the government knowing and allowing it,’ U.N. refugee agency spokeswoman Sybella Wilkes said. ‘That port of Tripoli is under government control.’…”

Click here for full text of article.

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IOM Reports Migrants Were Forced by Libyan Soldiers to Board Boats

The International Organization for Migration has interviewed migrants who reached Lampedusa who witnessed the migrant boat carrying 500-600 people that sank just off the Libyan coast this past Thursday or Friday.  IOM reports that persons who were preparing to leave Libya on a second migrant boat witnessed the accident involving the first boat.  “Migrants … told IOM that after seeing what had happened to the first boat, many of them who had been waiting on land [preparing to board the second boat] changed their mind about making the sea journey to Italy. However, they claim that Libyan soldiers and officials forced them onto a waiting boat by firing their guns indirectly.  Although this is the first time that IOM has been told of migrants being forced by Libyan officials to get on a boat, many have told IOM that they did not have to pay for their passage to Lampedusa while others say they have paid a nominal fee. However, they say that they been stripped by officials and soldiers of their savings and possessions, including mobile phones….”

Click here for IOM press briefing.

Click here for article.

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PACE President Calls for Inquiry into Europe’s Role in Deaths of 61 Boat People

Full Text:

“Strasbourg, 09.05.2011 – Mevlüt Çavusoglu, President of the Parliamentary Assembly of the Council of Europe (PACE), today expressed his distress and deep concern following reports that 61 boat people have died after their appeals for rescue were ignored. Reportedly, their boat was left to drift in the Mediterranean for 16 days.

‘If this grave accusation is true – that, despite the alarm being raised, and despite the fact that this boat, fleeing Libya, had been located by armed forces operating in the Mediterranean, no attempt was made to rescue the 72 passengers aboard, then it is a dark day for Europe as a whole,’ he declared.

‘I call for an immediate and comprehensive inquiry into the circumstances of the deaths of the 61 people who perished, including babies, children and women who – one by one – died of starvation and thirst while Europe looked on,’ he added.

‘At the same time, we have also witnessed acts of solidarity: over 400 boat people were rescued yesterday by the Italian coastguard, with the help of Lampedusa’s inhabitants,’ he said. ‘This is something Europe should be proud of.’

‘Finally, Europe should stop exaggerating the impact of these arrivals. Libya’s neighbouring countries, mainly Egypt and Tunisia, are dealing with over 650 000 refugees who have fled the conflict there. In a spirit of solidarity and of burden-sharing, the 27 EU member states should at least be able to deal, in a humane way and in compliance with their international obligations, with the arrival by boat of several thousand,’ Mr Çavusoglu added.

‘Our Assembly will be sending a delegation to Lampedusa on 23-24 May 2011 to evaluate the situation there, ahead of two major debates – possibly in June – on the rescue of boat-people and the need for Europe to share responsibility. The Assembly has produced a string of critical reports on these matters, and will continue to urgently insist on the humane and lawful treatment of asylum-seekers, refugees and irregular migrants coming to Europe.'”

Click here for link to statement.

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500 Migrants Rescued Off Lampedusa; Hundreds Likely Dead Off Libya

A boat from Libya carrying over 500 people from sub-Sahara Africa and Asia ran around off Lampedusa on Sunday. Italian rescuers saved everyone on board.  The survivors had to be brought ashore by rescuers in the water because rescue boats were unable to approach due to the shoals on which the migrant boat ran around.

In a separate incident, early Friday morning, 6 May, a migrant boat believed to be carrying over 600 people capsized or broke apart off the Libyan coast.  It is feared that most of the passengers have died.

Click here, here, and here for articles about the Lampedusa rescue. (EN)

Click here (EN) and here (IT) for article about the sinking off Libya.

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Report: Military Ships Failed to Rescue or Render Aid and 61 Died at Sea

The Guardian on Sunday reported many more details about an incident that began on 25 March when a migrant boat left Libya carrying 72 asylum seekers and which ended 16 days later on 10 April when the disabled vessel washed ashore in Libya with only 11 survivors.  The survivors have described several incidents where military ships and planes ignored their pleas for rescue.  It is clear from the survivors’ descriptions that their disabled vessel was sighted because at one point a military helicopter dropped bottles of water and emergency food rations on the migrant boat.

The UNHCR and Father Mussie Zerai, an Eritrean priest in Rome who runs the refugee rights organisation Habeshia, have called for further investigations into why the boat’s passengers were not rescued.

From the Guardian article: “The Guardian’s investigation into the case of the boat of 72 migrants which set sail from Tripoli on 25 March established that it carried 47 Ethiopians, seven Nigerians, seven Eritreans, six Ghanaians and five Sudanese migrants. Twenty were women and two were small children, one of whom was just one year old. The boat’s Ghanaian captain was aiming for the Italian island of Lampedusa, 180 miles north-west of the Libyan capital, but after 18 hours at sea the small vessel began running into trouble and losing fuel.  Using witness testimony from survivors and other individuals who were in contact with the passengers during its doomed voyage, the Guardian has pieced together what happened next. The account paints a harrowing picture of a group of desperate migrants condemned to death by a combination of bad luck, bureaucracy and the apparent indifference of European military forces who had the opportunity to attempt a rescue….

The Guardian has made extensive inquiries to ascertain the identity of the Nato aircraft carrier, and has concluded that it is likely to have been the French ship Charles de Gaulle, which was operating in the Mediterranean on those dates.  French naval authorities initially denied the carrier was in the region at that time. After being shown news reports which indicated this was untrue, a spokesperson declined to comment.

A spokesman for Nato, which is co-ordinating military action in Libya, said it had not logged any distress signals from the boat and had no records of the incident. ‘Nato units are fully aware of their responsibilities with regard to the international maritime law regarding safety of life at sea,’ said an official. ‘Nato ships will answer all distress calls at sea and always provide help when necessary. Saving lives is a priority for any Nato ships.’”

Click here for full Guardian article.

Click here (IT) for earlier article.

The route of the boat - from guardian.co.uk

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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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Migrant Boat Capsized Off Spain – 18 Missing, 4 Dead

A boat believed to be carrying 51 sub-Saharan migrants attempting to sail from Morocco to Spain capsized south of Adra (Almería).  The boat reportedly left Morocco on 5 May.  The accident occurred late Thursday night to early Friday morning.  The boat was carrying men, women, and children.  29 people were rescued.  Four bodies have been recovered.  18 people remain missing and are assumed to be dead due to the sea temperature which according to authorities would allow someone to survive for a maximum of 10 hours.  Media reports suggest that the boat capsized after one of its floats ruptured which in turn caused the boat to capsize.

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

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Europol 2011 Organised Crime Threat Assessment – Illegal Immigration and THB

Europol just issued its 2011 Organised Crime Threat Assessment (OCTA) (OCTA_2011-1).  The report contains Europol’s assessments regarding “current and expected trends in organised crime affecting the European Union.”  Among the topics discussed are the facilitation of illegal immigration and trafficking in human beings.

The report notes that the increased control of the external borders of the EU, combined with other immigration controls, has resulted in irregular migrants turning to organised crime groups to facilitate their entry to the EU.  The report notes that increased enforcement activities which successfully reduce illegal immigration in certain areas may result in substantial increases in illegal immigration in other areas.

The report indicates that organised criminal groups are exploiting and will continue to exploit the social and political unrest in North Africa and that organised crime groups are responsible for facilitating the movement of the thousands of Tunisians who have entered Italy.

The report notes that the accession of Bulgaria and Romania to the Schengen zone “may yield increased illicit traffic through these countries and the possible displacement of illegal immigration flows from the Turkish-Greek border.”

Excerpts from the 38 page report pertaining to the facilitation of illegal immigration:

“[I]ncreasing control of external borders, the introduction of higher quality travel documents and other protective measures implemented by destination countries are making illegal immigration more difficult for individual migrants, forcing them to seek the services of organised crime groups.

International agreements and coordinated law enforcement activities have a significant impact on the flows of illegal immigrants along established routes. In 2010, a sharp reduction in the use of sea routes was accompanied by a substantial increase in illegal overland entries, overwhelmingly concentrated on the Turkish-Greek border.

Besides being the natural gateway for immigrants from the Middle East and Asia, Turkey is now the final step towards the EU for migrants with many other origins, including North and West Africans. Its geographical position, the presence of historical smuggling routes and the comparative ease with which entry visas may be obtained have transformed Turkey into the main nexus point for illegal immigrants on their way to Europe.

[***]

Legislation aimed at safeguarding certain inalienable individual or social rights is manipulated by organised crime groups with specialist expertise. Political asylum requests, and family reunions following marriages of convenience with EU citizens, are among the most frequently abused procedures. In addition, a prevalent tactic is to exploit loopholes and the lack of harmonisation in current legislation.

[***]

Criminal Groups

Organised crime groups involved in the facilitation of illegal immigrants tend to be structured in loose networks of smaller groups with ethnic or other cultural connections to customers. By the same token, illegal immigrants tend to be recruited by, or approach facilitators from, the same ethnic background. However, few criminal groups have the capacity to manage all stages from source to destination country. The further migrants get from their country of origin, the greater the chance that their facilitators will be of an ethnic origin different from their own. Along the route, small local criminal groups receive and house transiting illegal immigrants, facilitating their passage to the next stage. In the often extended time between stages, transiting migrants are frequently exploited in illicit labour, thus marking a point of contact between illegal immigration and trafficking in human beings (THB).

Organised crime groups in destination countries play a fundamental role in the smuggling of migrants. Criminals, often legitimately resident in the EU, facilitate the last step of the migrants’ journey, in some cases collecting final instalments of transportation fees, and are in an ideal position to profit from newly arrived migrants, sometimes employing forms of exploitation typical of THB.

The most widely reported organised crime groups involved in the facilitation of illegal immigration are of Chinese, Turkish, Albanian, Indian, Iraqi, and Russian origin. Chinese, Vietnamese, Indian, Pakistani, and some West African groups are among the most capable, managing all successive phases of illegal immigration from source to destination countries. Although these groups may sub-contract part of the transportation or the production of falsified documents, they maintain effective control over the illegal immigrants throughout.

The growing importance of Turkey as a nexus point for migrants is likely to be further exploited by Turkish organised crime groups already extremely skilled in managing routes for illicit commodities and will make the most of their resources and contacts in the EU to maximise profits from this lucrative criminal market….

[***]

Criminal hubs

Political and legislative initiatives impact on regional dynamics, resulting in frequent shifts between hubs and preferred nexus points outside the EU.

Migrant flows across the Mediterranean Sea and illicit entries at the Eastern land borders have both significantly decreased. Greece is now the focus for illegal entry to the EU, and while levels of illegal migration connected with seasonal work patterns between Albania and Greece have decreased in the last year, illicit entries of migrants from Turkey have increased by over 500 per cent between 2009 and 2010

The South East criminal hub is therefore under the heaviest pressure. As a result also of its proximity to the Western Balkans, the hub’s centre of gravity for this criminal problem is currently Greece.

[***]

The Southern criminal hub is a landing zone for many immigrants who have entered the EU through Greece, and who either remain in Italy or proceed to other MS. Illegal immigrants are often exploited or employed by organised crime groups active in the hub.

Emerging and Future Issues

The social and political unrest pervading North Africa since January 2011 is likely to have a significant impact on the internal security of Southern Europe. By exploiting the present political vacuum and the diminution of police capability to maintain public order and combat criminal activity, organised crime groups are facilitating several thousands of illegal immigrants, mainly of Tunisian origin, in their attempt to cross the Mediterranean and reach Europe. This carries an inherent risk to the internal security of the EU.

The large and growing number of illegal immigrants from countries and regions in which Islamist terrorist groups are active – such as Chechnya, Afghanistan, Iraq, Pakistan and Somalia – raises the possibility that channels for illegal immigration will be used increasingly by those seeking to engage in terrorist activity in the EU.

In the absence of any significant harmonisation of standards with regards to visa issue for a variety of purposes (including settlement for marriage and family reunions) a further increase in the abuse of legitimate migration procedures is likely.

The possible accession of Romania and Bulgaria to the Schengen Zone will greatly widen the Eastern green and blue borders. This has the potential to release the pressure on the Turkish-Greek border, and lead to increased targeting of Bulgaria and the Black Sea coast by illegal immigrants and their facilitators.

Turkish organised crime groups, currently in a dominant position at the biggest nexus point for migrants, will exploit further opportunities for delivering illegal immigrants to the EU by means of the Black Sea and the flourishing Turkish diaspora in Bulgaria….

[***]

… The role of the Western Balkans as a logistical hub will be sustained and may even grow further, while the proposed accession of Bulgaria and Romania to the Schengen zone may yield increased illicit traffic through these countries and the possible displacement of illegal immigration flows from the Turkish-Greek border. In this event, Member States in South East Europe may require additional operational support. In light of the continued prominence throughout the EU of Albanian speaking criminal groups, strategic and operational partnerships with authorities in the Western Balkans will be increasingly important.

Ongoing political instability in countries close to the borders of the EU and transit areas for illicit commodities has the potential to alter trafficking routes and create new illegal migration flows. In countries such as Tunisia and Egypt the process by which serving regimes are replaced may result in power and investment vacuums in both the public and private sectors. Some of these could be filled by those with sufficient resources to exploit the instability for criminal ends, including EU organised crime groups. In politically fragile environments organised crime can also prosper by providing essential services such as transport infrastructure, and food and fuel supply. The effects of illegal immigration as a result of instability in North Africa – already experienced by Italy – are likely to spread if levels of unrest persist or increase. Should living conditions deteriorate in the longer term, the EU is likely to see an increase also in victims of THB from this region….

[***]”

Click on this link OCTA_2011-1 for OCTA report.

Click here for Europol press release.

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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).

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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.

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[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.

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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.

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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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