Spain’s Security Secretary Visited Mauritania to Strengthen Bilateral Immigration Cooperation

Spanish Secretary of State for Security, Antonio Camacho, travelled last week to Mauritania, Niger, and Mali to strengthen bilateral cooperation on illegal immigration and organised crime.

Spain and Mauritania agreed to strengthen their cooperation on immigration control and to expand cooperation to include efforts to combat drug smuggling using the same joint cooperation model currently being used for illegal migration.  Camacho said Spain is committed to continue providing material resources to the Mauritanian security forces to “further improve the tools at their disposal to deal with security threats and to strengthen their border control mechanisms.”  Camacho thanked Mauritania for its efforts to block illegal migration towards Spain and noted that only one boat (cayuco) reached the Canary Islands from Mauritania in 2010 and that no boats had so far reached the Canary Islands in 2011.  Spain and Mauritania began their close cooperation on immigration control in March 2006.

While in Mauritania, Camacho visited the 50 members of the Spanish National Police and Civil Guard who are stationed in Nouadhibou as part of Spain’s extraterritorial immigration control measures.

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

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Turkey Considers Use of “Safe Havens” Within Syrian Territory If Faced With Massive Influx of Asylum Seekers

Turkey is reportedly preparing contingency plans for a possible worsening of conditions within Syria and an influx of Syrian refugees.  According to the Hurriyet Daily News, Turkey wants to avoid a repeat of the situation it faced when hundreds of thousands of Iraqis fled Iraq for Turkey in the 1990s.  250 Syrians crossed into Turkey last Friday and are seeking asylum.

“Turkey is considering establishing safe havens on the Syrian side of the border to cope with a potential massive influx of refugees from the unrest-hit neighboring country, the Hürriyet Daily News & Economic Review has learned. … This plan envisions the establishment of some safe havens on the Syrian side of the border whose security and humanitarian needs would be provided by Turkey. This would keep Turkey from permanently hosting tens of thousands of people who could return to their homes after the tension in Syria is defused. … As a sovereign state, Syria would likely oppose the idea of forming such safe havens, which would be protected by Turkish troops, within its territory. ‘Unless the United Nations Security Council demands such interventions, this move could be interpreted as an attempt at occupation,’ an expert on international migration told the Daily News on Sunday….”

(HT to UNHCR @refugees)

Click here for full article.

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New Study: Implementation of Article 80 TFEU on the principle of solidarity between MS in the field of border checks, asylum and immigration

The European Parliament’s Directorate-General for Internal Policies, Policy Department C, Citizens’ Rights and Constitutional Affairs, released a 120+ page study in April entitled “The Implementation of Article 80 TFEU on the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States in the field of border checks, asylum and immigration.

The study was made by Prof. Dr. Dirk Vanheule, Project Director, Dr. Joanne van Selm, and Dr. Christina Boswell and was prepared at the request of the LIBE committee.

ABSTRACT:  “The study assesses the scope and implications of Article 80 TFEU, which relates to the principle of solidarity in the field of Border Checks, Asylum and Immigration. The study analyses primary and secondary sources of European law in order to identify the implications of Article 80 TFEU in terms of obligations and jurisdiction. It also discusses the results of a questionnaire that was administered to senior public officials in the EU, collecting their views on the scope and possible mode of implementation of Article 80 TFEU. The study’s conclusions outline some practical solutions for the implementation of new solidarity mechanisms in the field of EU immigration and asylum policies.”

Click here for the full study.

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MEPs Express Concern Over Possible Changes to Schengen Rules

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

From the EP press release:

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

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

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

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

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

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

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

Click here for EP press release.

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

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Draft Commission Communication on Migration

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

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

Excerpts from the draft:

“Table of Contents

1……….. Introduction

2……….. Crossing the borders

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

2.2…….. Border controls

2.3…….. Schengen governance

2.4…….. Preventing irregular immigration

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

3.1…….. Organised mobility

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

3.3…….. A properly managed legal migration

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

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

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

5.1…….. The Global approach to migration

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

1.  Introduction

[***]

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

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

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

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

[***]

2.1   Coping with the crisis: the short-term measures

[***]

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

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

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

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

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

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

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

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

2.3  Schengen governance

[***]

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

[***]”

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

Click here, here, and here for articles.

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

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Filed under Cyprus, European Union, Frontex, General, Greece, Italy, Libya, Malta, Mediterranean, News, Tunisia

2500+ New Migrant Landings in Lampedusa; Italy and Malta in New Diplomatic Dispute Over Search and Rescue Responsibilities

Migrant boats carrying over 2500 persons arrived in Lampedusa over the weekend.  The boats are all believed to have departed from Libya.  Improving sea conditions are thought to be responsible for the new surge in migrant boats.  Italy has said it will lodge a formal diplomatic complaint with Malta over what it says was Malta’s failure to rescue a migrant boat in distress.  The migrant boat in question was apparently closer to Lampedusa than to Malta, but was within the Maltese SAR zone when a distress call was made.  Maltese authorities said they were unable to send their patrol boats to the boat that was in distress due to bad sea conditions.  Italian coast guard boats eventually provided assistance while NATO and Armed Forces of Malta aircraft provided air surveillance.

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

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Northern League Issues Ultimatum to Berlusconi Over Migration Issue

Northern League leader Umberto Bossi has issued an ultimatum to Silvio Berlusconi demanding a parliamentary vote to set a date certain by which Italy would halt its involvement with NATO operations against Libya.  The Northern League’s basic argument is that ongoing NATO attacks against Libya will lead to larger numbers of migrants and asylum seekers fleeing to Italy.  Interior Minister Roberto Maroni (Northern League) repeated yesterday his belief that up to 50,000 people may soon flee Libya towards Italy.

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

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Libya Placed Mines Outside Misrata Harbour

The French naval vessel the Courbet stopped several Libyan patrol boats on 29 April that were in the process of attempting to lay mines outside the Misrata harbour.  Three mines were discovered in the waters.  This is a new danger for civilian ships and boats in Libyan waters. (HT to Bruxelles2).

Click here (FR) for French Ministry of Defence statement.

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Malmström: Migration Policy Should Not Be Event Driven

From Commissioner’s Cecilia Malmström blog:

“It’s important to prepare for what’s happening in Northern Africa and to have a long term strategy for the cooperation with our neighbouring countries. There’s however quite worrying tendencies in Member States to be too event-driven and calling for quick-fix measures. It’s important to remember that out of the approx. 25.000 migrants coming to the EU the last couple of months only a few thousands are refugees, seeking asylum in the EU. The others are economical migrants from Tunisia looking for work and a better life in Europe. These people are likely to be sent back to Tunisia. The few thousand refugees that have been coming the last months should also be seen in the right perspective – last year France alone received 48.000 asylum seekers and Sweden 32.000 – the total number of refugees coming to the EU last year was 236.000.

As I wrote in my previous blog entry, migration policy needs long term strategies and well thought through measures and mustn’t be driven by populist movements. Next week I’ll present a Strategy Paper presenting a holistic approach on migration to my colleagues in the Commission. The Strategy Paper addresses the urgent need for a common European asylum and migration policy and the need for solidarity with the European countries most exposed to migration flows (Italy and Malta at this point), but also with neighbouring countries, such as Tunisia and Egypt, where the lion part of the refugees from Libya have fled to.”

On a slightly related point, the link between anti-immigrant views and increasing support for some political parties such the Front National and Marine Le Pen in France and the Northern League in Italy are well know.  In Finland a populist party, the True Finns, has for the first time entered Government after its stunning third place finish in the 17 April parliamentary elections.  Many have described the True Finns as populist party that is most interested in the Euro crisis and the financial bailouts.  But recent public comments of new True Finn MP Teuvo Hakkarainen reveal the anti-immigrant and racist sentiments held by some party members.  According to YLE, Hakkarainen said that “Negros” would be arriving at Finland’s borders and warned that minarets would arise all over Helsinki.  Some credit is due to True Finns Party chair Timo Soini who has reprimanded Hakkarainen for his comments.  The new Government has just been formed and the True Finns will chair the parliamentary committees responsible for Foreign Affairs, Defence, and the Administration Committee which has responsibility for immigration issues.  Over 1000 people demonstrated in front of the Parliament building earlier in the week in support of tolerance and multiculturalism.

Click here (EN) and here (SV) for blog post.

Click here and here for YLE articles.

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ECJ Rules Italy May Not Criminally Punish Illegally Staying Migrants Who Fail to Depart

The First Chamber of the European Court of Justice issued a decision on 28 April ruling that the Italian law which punishes migrants who remain in Italy after being ordered to depart is precluded by EU Directive 2008/115 which established the procedure by which Member States may return illegally staying third country nationals.  The ruling was made in the case of Hassen El Dridi alias Soufi Karim, Case C‑61/11 PPU, 28 April 2011.

The Italian law in question was enacted in 2009 as part of a “security package” (“pacchetto sicurezza”) of immigration laws and punishes the act of illegally staying in Italy after being ordered to depart with 1 to 4 years imprisonment.  Italy has never transposed Directive 2008/115.  The deadline for doing so was 24 December 2010.

The Court’s ruling was as follows:

“Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, in particular Articles 15 and 16 thereof, must be interpreted as precluding a Member State’s legislation, such as that at issue in the main proceedings, which provides for a sentence of imprisonment to be imposed on an illegally staying third-country national on the sole ground that he remains, without valid grounds, on the territory of that State, contrary to an order to leave that territory within a given period.”

The Court suggested that penalties might be imposed by a Member State after the procedures required by the Directive had been exhausted: “[This] does not preclude the possibility for the Member States to adopt, with respect for the principles and objective of Directive 2008/115, provisions regulating the situation in which coercive measures have not resulted in the removal of a third-country national staying illegally on their territory.” Para. 60.

Interior Minister Roberto Maroni criticised the decision saying that it risks making expulsions difficult or impossible.  UNHCR spokeswoman Laura Boldrini said that the ECJ decision was consistent and in harmony with what has already been expressed by the Italian courts, specifically the Constitutional Court and the Supreme Court, and expressed the hope that the EU Directive would soon be implemented.

Click here for ECJ Decision.

Click here for ECJ Press Release.

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

The ECJ Press Release provides a summary of the ruling; here are some excerpts from the ruling:

[Facts and Procedural Background]

“[***]

18      Mr El Dridi is a third-country national who entered Italy illegally and does not hold a residence permit. A deportation decree was issued against him by the Prefect of Turin on 8 May 2004.

19      An order requiring his removal from the national territory, issued on 21 May 2010 by the Questore di Udine pursuant to that deportation decree, was notified to him on the same day….

20      A check carried out on 29 September 2010 revealed that Mr El Dridi had not complied with that removal order.

21      Mr El Dridi was sentenced at the conclusion of an expedited procedure by a single judge of the Tribunale di Trento (District Court, Trento) to one year’s imprisonment for the offence set out in Article 14(5b) of Legislative Decree No 286/1998.

22      He appealed against that decision before the Corte d’appello di Trento (Appeal Court, Trento).

[Referral of Questions to Court of Justice]

23      That [appeal] court is in doubt as to whether a criminal penalty may be imposed during administrative procedures concerning the return of a foreign national to his country of origin due to non-compliance with the stages of those procedures, since such a penalty seems contrary to the principle of sincere cooperation, to the need for attainment of the objectives of Directive 2008/115 and for ensuring the effectiveness thereof, and also to the principle that the penalty must be proportionate, appropriate and reasonable.

[***]

25      In those circumstances, the Corte d’appello di Trento … refer[ed] the following question to the Court of Justice for a preliminary ruling:

‘In the light of the principle of sincere cooperation, the purpose of which is to ensure the attainment of the objectives of the directive, and the principle that the penalty must be proportionate, appropriate and reasonable, do Articles 15 and 16 of Directive 2008/115… preclude:

—      the possibility that criminal penalties may be imposed in respect of a breach of an intermediate stage in the administrative return procedure, before that procedure is completed, by having recourse to the most severe administrative measure of constraint which remains available?

—      the possibility of a sentence of up to four years’ imprisonment being imposed in respect of a simple failure to cooperate in the deportation procedure on the part of the person concerned, in particular where the first removal order issued by the administrative authorities has not been complied with?’

[***]

[ECJ’s Rationale]

58      … the Member States may not, in order to remedy the failure of coercive measures adopted in order to carry out forced removal pursuant to Article 8(4) of [Directive 2008/115], provide for a custodial sentence, such as that provided for by Article 14(5b) of Legislative Decree No 286/1998, on the sole ground that a third-country national continues to stay illegally on the territory of a Member State after an order to leave the national territory was notified to him and the period granted in that order has expired; rather, they must pursue their efforts to enforce the return decision, which continues to produce its effects.

59      Such a penalty, due inter alia to its conditions and methods of application, risks jeopardising the attainment of the objective pursued by that directive, namely, the establishment of an effective policy of removal and repatriation of illegally staying third-country nationals. In particular, as observed by the Advocate General in point 42 of his View, national legislation such as that at issue in the main proceedings is liable to frustrate the application of the measures referred to in Article 8(1) of Directive 2008/115 and delay the enforcement of the return decision.

60      That does not preclude the possibility for the Member States to adopt, with respect for the principles and objective of Directive 2008/115, provisions regulating the situation in which coercive measures have not resulted in the removal of a third-country national staying illegally on their territory.

61      In the light of the foregoing, it will be for the national court, which is called upon, within the exercise of its jurisdiction, to apply and give full effect to provisions of European Union law, to refuse to apply any provision of Legislative Decree No 286/1998 which is contrary to the result of Directive 2008/115, including Article 14(5b) of that legislative decree (see, to that effect, Case 106/77 Simmenthal [1978] ECR 629, paragraph 24; Case C-462/99 Connect Austria [2003] ECR I-5197, paragraphs 38 and 40; and Joined Cases C‑188/10 and C‑189/10 Melki and Abdeli [2010] ECR I-0000, paragraph 43). In so doing, the referring court will have to take due account of the principle of the retroactive application of the more lenient penalty, which forms part of the constitutional traditions common to the Member States (Joined Cases C‑387/02, C‑391/02 and C‑403/02 Berlusconi and Others [2005] ECR I‑3565, paragraphs 67 to 69, and Case C‑420/06 Jager [2008] ECR I‑1315, paragraph 59).

62      Consequently, the answer to the question referred is that Directive 2008/115, in particular Articles 15 and 16 thereof, must be interpreted as precluding a Member State’s legislation, such as that at issue in the main proceedings, which provides for a sentence of imprisonment to be imposed on an illegally staying third-country national on the sole ground that he remains, without valid grounds, on the territory of that State, contrary to an order to leave that territory within a given period.

[***]

On those grounds, the Court (First Chamber) hereby rules:

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, in particular Articles 15 and 16 thereof, must be interpreted as precluding a Member State’s legislation, such as that at issue in the main proceedings, which provides for a sentence of imprisonment to be imposed on an illegally staying third-country national on the sole ground that he remains, without valid grounds, on the territory of that State, contrary to an order to leave that territory within a given period.

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Filed under Algeria, European Union, Italy, Judicial, News, UNHCR

650 Tunisians Repatriated by Italy Since 6 April

650 Tunisians have been summarily repatriated by Italy to Tunisia under the terms of the Italy-Tunisia agreement which took effect on 5 April.  The agreement reportedly allows Italy to return up to 60 Tunisian nationals per day on two flights.  Amnesty International’s Briefing Paper of 21 April, “Amnesty International findings and recommendations to the Italian authorities following the research visit to Lampedusa and Mineo”, is highly critical of Italy’s expedited return practice.

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

Click here for AI’s Briefing Paper.

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Tunisian Migrant Boats Stop Arriving in Italy (for the time being) – Amnesty Int’l Criticises “Collective Summary Removals”

Italy has been continuing to deport newly arriving Tunisian migrants pursuant to the terms of its new agreement with Tunisia, the terms of which have not been made public.  Under the agreement, Tunisia has apparently agreed to the expedited returns of its nationals from Italy.  300 Tunisians were flown to Tunisia from Italy last week.

The mayor of Lampedusa, Bernardino De Rubeis, declared that the “immigration crisis” on Lampedusa is over (only 27 migrants remain on the island as of 26 April). The mayor called for the 500 extra police and military personnel who were brought to the island to deal with the migrants to leave as soon as possible so that tourists can use the hotel rooms currently occupied by the security personnel.

Amnesty International issued a Briefing Paper on 21 April: “Amnesty International findings and recommendations to the Italian authorities following the research visit to Lampedusa and Mineo.”  Amnesty is highly critical of the expedited return practices that have been implemented by Italy.

Excerpts from the Briefing Paper:

“Collective summary removals, reportedly of Tunisian nationals, from Lampedusa, from 7 April 2011 onwards, following the signing of an agreement between the Italian and Tunisian authorities.

Amnesty International is extremely concerned by the enforced removal that began on 7 April from Lampedusa, following the recent signing of an agreement between the Tunisian and Italian authorities. At the time of writing these forcible returns were ongoing and had reportedly been carried out twice a day by air since 11 April.

On 6 April, the Italian Ministry of Interior announced that Italy had signed an agreement with Tunisia pursuant to which the latter committed itself to strengthening border controls with a view to preventing departures, and to accepting the speedy readmission of people who had recently arrived and who will be arriving in Italy. Amnesty International is particularly concerned that, according to the above-mentioned announcement, Tunisian migrants arriving onto Italian shores may be “repatriated directly” and with “simplified procedures”.

In the light of this announcement, and given, in particular, Amnesty International’s findings in relation to the total inadequacy of asylum procedures on Lampedusa, the organization believes that those people who have been subjected to “direct repatriations” following “simplified procedures” have been victims of collective summary removals.

As far as Amnesty International could ascertain, people have been removed from the island within one or two days of arrival. Thus, it appears highly unlikely that they would have had access to any meaningful or adequate opportunity to assert that they should not be returned to Tunisia on international protection or other grounds. In the circumstances those removals would amount to summary expulsions (cf. the judgments of the European Court of Human Rights in the case of Hassanpour-Omrani v Sweden and Jabari v Turkey). Such practices are strictly prohibited under international, regional and domestic human rights and refugee law and standards. Additionally human rights and refugee law and standards require that the removing state must provide an effective remedy against removal. Removing people without giving them the chance of exercising their right to challenge their removal through an effective procedure gives rise per se to a human rights violation. This is independent of whether removal would place the individuals concerned at a real risk of serious human rights violations, which, in turn, would constitute a breach of the non-refoulement principle.

Amnesty International calls on the government of Italy to:

  • disclose the agreement reached with the Tunisian authorities;
  • immediately desist from any further summary removals;
  • ensure that anyone arriving on Italian shores is adequately screened to assess any potential protection needs, and that they are provided with adequate information about their right to challenge removal on international protection or other human rights grounds; and
  • ensure access to fair and effective asylum procedures as well as access to procedures to challenge removal on other grounds.”

Click here and here for articles. (IT)

Click here for Amnesty’s Briefing Paper.

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120 Tunisians Who Departed for Italy Remain Missing

Family members of missing Tunisian migrants held a sit-in at the Tunisian Ministry of Foreign Affairs on Monday of this week.  They are seeking assistance in learning the fate of their family members who left Tunisia by boat for Italy and who have not been heard of since their departures.  Among the missing are 40 migrants who left from Sfax on 14 March and a second group of 80 who left on 29 March.  Some of the families say that they have received reports that the migrant boats may have landed in Libya and not Italy.

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

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Cyprus, Greece, Italy, Malta, & Spain Issue Joint Communiqué Regarding Response to North African Migration

Ministers of Home Affairs and Internal Security from Cyprus, Greece, Italy, Malta, and Spain, met in Nicosia on 19 April and issued a Joint Communiqué.  Here is the full text (HT to EASO Monitor):

“Joint Communiqué II

(Nicosia, 19 April, 2011)

Following the meeting in Rome on the 23rd February 2011, the Home Affairs and Internal Security Ministers of Cyprus, Greece, Italy and Malta as well as the representative of the Minister of Interior of Spain, met again today in Nicosia and discussed the continuing dramatic developments in the Southern Mediterranean region. At the end of the meeting it was decided to issue the following Joint Communiqué.

The Home Affairs and Internal Security Ministers of the Mediterranean Member States of the EU:

Recalling our February 23rd,2011 Joint Communiqué, we have repeated our utmost concern for the unfolding events in relation to the humanitarian situation as well as to the massive illegal immigration flows and movements of possible beneficiaries of international protection that affect our countries;

Taking into account that the escalating events in countries of Northern Africa and the greater Middle East are destabilising the region and acknowledging that political reforms and democratic transitions will not take effect immediately and that their outcome is still uncertain;

Bearing in mind Europe’s longstanding tradition and commitment to the provision of international protection to people in need, in accordance with the Geneva Convention and in line with humanitarian principles and full respect of human rights;

Underlying that security and stability in the Mediterranean is directly linked to the security and stability of the EU as a whole and that effective response to this challenge requires joint efforts, commitment and solidarity from all EU Member States;

Stressing that the current emergency situation with regard to the massive illegal immigration flows and movements of possible beneficiaries of international protection brings upon the Mediterranean Member States additional social, economic, administrative and demographic burden, to that already prevailing;

Recalling the already existing intense and continuous migratory pressure at the south eastern external borders of the EU;

Expressing deep concern about the conflict in Libya and its consequences in terms of sufferings of countless human beings and growing number of displaced persons fleeing the war and taking into account that huge number of people in need of international protection could arrive at the most exposed Mediterranean Member States in the immediate future;

Emphasizing that the possible prolongation of such influxes of illegal migrants and asylum seekers to the Mediterranean Member States, cannot be managed without the concrete and substantial support and solidarity from the rest of the EU’s Member States; alternatively, the situation will seriously jeopardize our ability, and subsequently the Union’s ability, to manage the displaced persons and provide those in need with international protection as well as undermine our common security;

Stressing that the arising situation will challenge and undermine the efforts of those Member States to reform their overburdened national asylum systems;

Reaffirming the urgent necessity for EU to provide concrete and immediate support to Member States on the EU southern external borders;

Stressing the need for additional actions and policies with a view to implement the EU principle of solidarity and fair sharing of responsibility as expressed in the Treaty on the Functioning of the European Union and in line with the Stockholm Programme, the European Pact on Immigration and Asylum, the Global Approach to Migration, the relevant European Council Declaration of 11 March 2011 and Conclusions of 24 and 25 March 2011, the JHA Council Conclusions of 11and 12 April 2011 on the management of migration from the Southern Neighbourhood and the JHA Council Conclusions of 25 and 26 February 2010 on 29 measures for reinforcing the protection of the external borders and combating illegal immigration;

Therefore we, the Ministers of Home Affairs and Internal Security of the EU Mediterranean Countries, have adopted a common position on the emerging situation in our region and urge the European Union to practically offer operational as well as financial support to Member States which face mass and disproportionate mixed migration flows, by fully mobilizing all available EU assets, instruments and capabilities, either existing or additional ones,.

Particularly, as the competent Ministers of the EU Mediterranean Member States, urge the European Union to:

Urgently present and implement proposals on the Global Approach to Migration as well as on Mobility Partnerships, in a spirit of genuine cooperation with the countries of the Southern Neighbourhood Region, also to effectively control and manage the current and the anticipated mass migration flows as well as situation-specific schemes on return and readmission.

Call on FRONTEX to immediately implement the provisions set out in section 5 of the JHA Council Conclusions of 11 April 2011, to speed up negotiations with the countries of the region – and in particular with Tunisia – with a view to concluding operational working arrangements, and organising joint patrolling operations in cooperation with Tunisian authorities and in application of all relevant international Conventions, in particular the UN Convention on the Law of the Sea (“the Montego Bay Convention”).

Call on FRONTEX to intensify the monitoring of the situation based on risk analysis and encourage Member States to provide the Agency with further human and technical resources so as to continue its ongoing operations (Joint Operation Hermes, Joint Operation Poseidon Land and Sea and the possible deployment of a RABIT operation in Malta) in the light of the emerging situation. Furthermore, call FRONTEX to expand its operations, where and when necessary, to prevent illegal flows in the eastern Mediterranean area of Egypt and Syria. To this end, further adequate financing of FRONTEX should be considered so as to increase the Organization’s capabilities to fulfil successfully its tasks.

Enhance the operational capacity and the coordinating role of the FRONTEX Operational Office in Piraeus in order to effectively deal with the situation;

Accelerate work on the FRONTEX Amending Regulation with a view to an agreement by June 2011 which will strengthen its capacity, make it truly operational and improve its synergy with other bodies.

Promote practical cooperation with the countries of origin or transit of illegal migrants in the region in preventing and fighting illegal migration flows, inter alia by concluding Readmission Agreements, developing Voluntary Return Programmes, enhancing their capacity of border management and surveillance, expanding the Immigration Liaison Officers Network, promoting legal migration by exploring the possibility of concluding mobility partnerships;

Encourage Member States to expedite discussions on the proposal for recasting the Dublin II Regulation, including a mechanism to suspend the transfers to Member States facing particular pressure on their national asylum systems.

Urgently mobilize all available financial assistance through the External Borders Fund and European Refugee Fund and in addition, as section 4 of the JHA Council Conclusions of 11 April, 2011 reads, activate supplementary funds that can be made available to Member States or FRONTEX at short notice when needed. In this vein establish a special solidarity Fund, when necessary, to tackle exceptional emergency situations and humanitarian crisis.

Deploy every available possibility by the European Asylum Support Office to offer practical support to the Member States of the Mediterranean Region in need. A permanent specialised mechanism should be set up through the EASO, which, at exceptional emergency situations, will provide Member States in need with the necessary logistical and technical support.

As a matter of priority, present a proposal for implementing a coherent and comprehensive mechanism for distributing responsibilities, on a voluntary basis, specifically regarding the relocation of beneficiaries of international protection among member states, in case of European countries faced with particular pressures, as a consequence of their geographical or demographic situation, especially when facing the sudden arrival of third country nationals in need of international protection.

Commit to the work on establishing a Common European Asylum System with a view to respect the 2012 deadline.

We the Ministers of the Mediterranean Member States of the EU agreed to meet again soon, at a date to be agreed, in order to further coordinate our efforts before the European Council of June this year.”

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Italian Official Warns of New Migrant Threat from Libya

In obvious tension with my previous post (Van Rompuy Warns Migrant Danger Should Not be Exaggerated), Giorgio Piccirillo, the head of COPASIR, the Italian Parliamentary Committee for Security of the Republic (Comitato parlamentare per la sicurezza della Repubblica), said last Thursday that Libya may attempt to send towards Europe approximately 15,000 migrants recently released from detention centres in Libya.  The Times of Malta reported Saturday that “[a]ccording to Gen. Piccirillo the Libyan regime’s intention is to send these migrants to Italy by boat from the port city of Zuwarah, which is about 120 kilometres to the west of Tripoli. Zuwarah is one of the ports from where migrant traffickers operated in the past…”  No further details were reported.

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

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