by | 29 Apr 2015 · 05:11

Frontex Releases Annual Risk Analysis 2015 Report

Frontex Press Statement regarding Annual Risk Analysis 2015 (also here):

“2015-04-28
Last year, the European Union detected the biggest number of illegal border crossings since Frontex data-collection started eight years ago. The record number of 280 000 detections was mainly fuelled by the ongoing fighting in Syria, which has caused the worst refugee crisis since the Second World War. Syrians fleeing their country were the largest group of irregular migrants seeking to enter the EU.

Most of the detections were reported as part of search and rescue operations in the Central Mediterranean area. Although border control authorities continued to save the lives of thousands of people, smugglers increasingly used unsafe boats, putting migrants in greater danger.

The unprecedented number of migrants also encouraged facilitators to use cargo ships to smuggle them at a large scale. Starting in September, such vessels took migrants directly from the Turkish coast near Mersin to Italy. This is a multi-million-euro business for organised crime groups, which is likely to be replicated in other departure countries.

Another trend explained by the Frontex risk analysis experts has been the increasing number of deliberate attempts to involve merchant ships in rescuing migrants. This has prompted the International Maritime Organization (IMO) to voice the concerns of the shipping industry over its involvement in rescuing migrants.

The profile of detected irregular migrants remained relatively unchanged compared to 2013. They are mostly adult males, although the proportion of women (11%) and children (15%) reflects the fact that many migrants intend to claim asylum.

More than 60% (170 000) of all illegal border crossings were detected in the Central Mediterranean. On the second most frequented route in the Eastern Mediterranean covering borders of Greece, Bulgaria and Cyprus, there were more than 50 000 detections. Near the end of 2014, detections increased sharply at the Hungarian land border with Serbia, making the Western Balkan route the third most important irregular migration route with more than 43 000 detections.

Detections of migrants hidden in vehicles seeking to enter the EU via regular border crossings surged to over 3 000, five times the number from the previous year. This jump was due to a tenfold increase in detections reported from the Bulgarian border crossings along the land border with Turkey.

In 2014, there were some 9 400 incidents of document fraud on entry to the EU/ Schengen area from third countries, which represented a slight decrease compared to the previous year. By contrast, cases reported on intra-EU Schengen movements showed a 27 percent increase to almost 10 000. This marked the first year where there were more fraudulent documents detected on intra-EU/Schengen movements than during border checks of passengers arriving from third countries. This was partly due to the large number of migrants undertaking secondary movements within the EU, often with fraudulent documents obtained in the country of their entry into the EU.”

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by | 29 Apr 2015 · 04:57

Migration Policy Centre – Policy Brief: “Drowned Europe”

“Drowned Europe“, policy brief by Philippe FARGUES and Anna DI BARTOLOMEO, Migration Policy Centre at the European University Institute, Florence.

ABSTRACT:
The drowning of 800 migrants, 19 April 2015, after the capsizing of a smuggling boat, triggered responses from across Europe. But when EU leaders met four days later, the news-cycle had moved on and the European Council, 23 April, gave a disappointing response. The 28 agreed to scale up their joint search-and-rescue efforts at sea to the more substantial efforts of what Italy has achieved alone in the last year. There were, also, a handful of other minor actions. Mr Junker, President of the Commission, lamented that the EU should be more ambitious. He was right, in as much as the EU meeting will not sustainably curb the deadly trends we have seen in the Mediterranean in recent years.

2015-April_MPI Policy Brief_Drowned Europe_Fig 12015-April_MPI Policy Brief_Drowned Europe_Fig 22015-April_MPI Policy Brief_Drowned Europe_Tab 1

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by | 29 Apr 2015 · 04:17

UNHCR Assisting 1200+ Migrants in Libya Intercepted by Libyan Coast Guard Over Past 10 Days

Full Text of UNHCR Press Statement, 28 April 2015:

“In Libya, UNHCR and its partners have been assisting some of the 1,242 people rescued at sea from unseaworthy boats or intercepted by the Libyan Coast Guard in waters near Tripoli over the past 10 days, who have mostly been sent to immigration detention centres.

This includes a group of more than 200 people from the Horn of Africa intercepted at Tajura (16 km east of Tripoli) four of whom had serious burn injuries from a gas explosion two weeks ago at an unknown location where they were held by smugglers before boarding a boat bound for Europe. The group was taken to an immigration detention centre in Tripoli where medical staff from UNHCR’s partner on the ground treated burns and arranged the transfer to hospital of four seriously injured people. This included a 20-year-old mother with extensive burns to her arms and legs and her two-year-old son with extensive burns to his face.

UNHCR is aware of at least 2,663 migrants or asylum-seekers (including women and children) spread across eight immigration detention facilities across Libya run by the Department for Combatting Illegal Migration (DCIM) – a significant increase from the 1,455 people in detention a month ago. The main nationalities in the centres are Somalis, Eritreans, Ethiopians and Sudanese as well as people from various West African countries. UNHCR understands that 15 immigration centres are now operational across the country. Foreigners in Libya can be arrested for lack of lawful immigration status and can spend anything from one week to 12 months in detention. UNHCR can generally organize the release of refugees and asylum-seekers registered with our office within a few days, although our capacity to register new arrivals to Libya is limited in the current security environment. We also advocate for the release of very vulnerable people, like pregnant women and also for alternatives to detention, if possible.

Our local staff and partners who visit immigration detention centres say conditions are poor, with urgent needs for more medical help, improved ventilation and sanitation as well as relief items. With the rate of detention on the rise, overcrowding compounds already tough conditions. In some centres, more than 50 people are crowded into rooms designed for 25. Temperatures are on the rise, as are the mosquitos which combined with poor ventilation could spread disease. At the request of local authorities, UNHCR is helping to ease the dire conditions. We are giving out soap, underwear, clothes and other items to detainees in the eight centres we can currently access.

There are some 36,000 refugees and asylum-seekers registered with UNHCR in Libya (though some of these may have moved on), who are affected by the growing violence and lawlessness in the country. Among these, the largest group (18,000) are Syrians while Palestinians, Eritreans, Iraqis, Somalis, Sudanese make up significant groups.

Despite the volatile situation in Libya, UNHCR continues to help refugees and asylum-seekers through our national staff and NGO partners. We run two community development centres in Tripoli and Benghazi and have also expanded outreach this year through a mobile medical and social team in Tripoli. We also run dedicated hotlines to help people get registered, receive cash assistance, renew documents, or who are in detention. We are setting up another hotline with the Libyan Coast Guard to receive search and rescue updates.

Meanwhile, UNHCR continues to deliver aid like mattresses, blankets, clothing and kitchen utensils to thousands of internally displaced Libyans, and is supporting municipal authorities to track displacement and assess needs. Some 400,000 Libyans have been displaced by various waves of violence, according to UN figures.

For more information on this topic, please contact:
• In Tunis (covering Libya), Marwa Baitelmal on +216 228 344 31
• In Geneva, Ariane Rummery on +41 79 200 76 17”

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by | 27 Apr 2015 · 05:39

If the EU Attacks Migrant Boats in Zuwara, Libya, How Will It Select from Among the 100s of Boats?

Italy and other EU States are clearly in possession of information regarding the specific locations in Libya from where migrant boats depart. The Guardian’ s Patrick Kingsley has been reporting from Libya in recent days, interviewing smugglers and observing a migrant boat depart on at least one recent occasion from the port of Zuwara located west of Tripoli.

If the EU does press forward with its stated intention of destroying boats that may be used by smugglers, how will the EU select the boat or boats to be destroyed? Google Earth imagery dating from early this year shows approximately 125 large fishing boats moored in the harbour and another 100 boats on land immediately adjacent to the harbour. Dozens of smaller boats are also in the water and on land. (See screen shots below.) Additionally, the harbour is surrounded by at least five large warehouses, each approximately 100 metres in length. The Google Earth imagery suggests that additional boats may be located within some of the warehouses.

There is no effective and safe (or legal) means by which a particular smuggling boat can be identified and destroyed without destroying multiple other boats. As the Guardian’s Kingsley wrote, “smugglers do not maintain a separate, independent harbour of clearly marked vessels, ready to be targeted by EU air strikes. They buy them off fishermen at a few days’ notice. To destroy their potential pool of boats, the EU would need to raze whole fishing ports.”

UN Secretary General Ban Ki Moon on Sunday criticised the EU plan to use military force, telling La Stampa (as reported by Reuters), “[t]here is no military solution to the human tragedy playing out in the Mediterranean. It is crucial that we take a holistic approach that looks at the root causes, at security and the human rights of migrants and refugees, and have legal and regulated immigration networks.”

See previous posts on this topic: The EU’s Proposed Plan to Destroy Migrant Boats in Libya Must be Rejected by the European Council and UK and France to Seek UN Security Council Authorisation for Military Action Against Smuggler Boats.

Zuwara Harbour 2015 Via Google Earth

Zuwara Harbour.

Zuwara Harbour West Side Warehouses via Google Earth

Storage area and warehouses on west side of Zuwara Harbour.

Zuwara Harbour South Warehouses South 2015 via Google Earth

Storage area and warehouses on south side of Zuwara Harbour.

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by | 25 Apr 2015 · 00:31

Chappatte on the situation in the Mediterranean

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

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

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

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

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by | 24 Apr 2015 · 16:49

UK and France to Seek UN Security Council Authorisation for Military Action Against Smuggler Boats

From Malta Today: “The United Kingdom and France, members of the United Nations Security Council, will kick off discussions in an attempt to obtain a UN resolution mandating the destruction of boats used by smugglers.”

From AFP: “Italian Prime Minister Matteo Renzi added that leaders from France and Britain, both permanent members of the UN Security Council, had ‘committed to get a resolution from the United Nations for an intervention in Libya.’”

Earlier today the Security Council released a short Presidential Statement regarding the “The Impact of the Humanitarian Crisis in Syria on the Neighbouring Countries.” Here are some excerpts from the PRST with bearing on the migrant and refugee flows in the region:

“[***] The Security Council expresses grave alarm at the significant and rapid deterioration of the humanitarian situation in Syria, including at the fact that over 220,000 people have been killed, including well over 10,000 children since the beginning of the conflict ; around half of the population has been forced to flee their homes, including over 3.9 million who have sought refuge in neighbouring countries, among which are nearly 2.1 million children ; and that more than 12.2 million people in Syria require urgent humanitarian assistance including 440,000 civilians in besieged areas.[***]

The Security Council is alarmed that the Syrian crisis has become the largest humanitarian emergency crisis in the world today, threatening peace and security in the region with diverse implications on the neighbouring countries and the displacement of millions of Syrians into those countries, and calls to address further spill-over of the conflict in Syria into the neighbouring countries. [***]

The Security Council underlines the risk of further regional destabilization if the conflict, refugee crisis and the needs of the host countries are not adequately addressed. The Security Council stresses the importance of funding the humanitarian and development responses to the refugee crisis, providing support for national response plans, addressing the humanitarian needs of refugees, in particular women and children, both in camps and urban areas and through capacity building and technical support, strengthening the resilience of host countries and communities as components of stabilizing the region, preventing radicalization and countering the threat of terrorism and foreign terrorist fighters.

The Security Council notes with concern that the international response to the Syrian and regional crisis continues to fall short of meeting the needs as assessed by host governments and the United Nations, and urges all Member States, based on burden-sharing principles, to support the United Nations and the countries of the region, including by adopting medium and long-term responses to alleviate the impact on communities, providing increased, flexible and multi-year predictable funding as well as increasing resettlement efforts, and taking note in this regard of the Berlin Communiqué of 28 October 2014. [***]”

See also “Security Council Press Statement on Recent Maritime Tragedy in Mediterranean Sea” of 21 April 2015 – Full Text:

“The members of the Security Council deplored the recent maritime tragedy in the Mediterranean Sea that resulted in hundreds of casualties, and extended their deepest condolences to all those affected and to their families.

The members of the Security Council expressed their grave concern at the recent proliferation of, and endangerment of lives by, the smuggling of migrants in the Mediterranean Sea, off the coast of Libya.

The members of the Security Council expressed their concern at the implications for regional stability posed by transnational organized crime and illicit activities such as the smuggling of migrants, condemned and deplored the said acts and underlined the need to bring the perpetrators of these acts to justice.

The members of the Security Council called for the full implementation by State Parties of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime.

The members of the Security Council expressed their strong support to countries in the region affected by the smuggling of migrants and emphasized the need to step up coordination of international efforts in order to strengthen a global response to this common challenge, and in order to protect these vulnerable migrants from being victimized by human traffickers.

The members of the Security Council urged all Member States, including countries of origin and transit, to cooperate with each other and with relevant international and regional organizations, including the IOM [International Organization for Migration], in addressing illicit migration flows, and dismantling smuggling networks in the region.

In that regard, the members of the Security Council urged all States to comply with their applicable obligations under international law, including international human rights law, international humanitarian law, and refugee law.”

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by | 24 Apr 2015 · 06:08

Official Statement: Special meeting of the European Council, 23 April 2015

Full text:

“1. The situation in the Mediterranean is a tragedy. The European Union will mobilise all efforts at its disposal to prevent further loss of life at sea and to tackle the root causes of the human emergency that we face, in cooperation with the countries of origin and transit. Our immediate priority is to prevent more people from dying at sea.

2. We have therefore decided to strengthen our presence at sea, to fight the traffickers, to prevent illegal migration flows and to reinforce internal solidarity and responsibility. Given that instability in Libya creates an ideal environment for the criminal activities of traffickers, we will actively support all UN-led efforts towards re-establishing government authority in Libya. We will also step up efforts to address conflict and instability as key push factors of migration, including in Syria.

3. We today commit to:

Strengthening our presence at sea

a) rapidly reinforce EU Operations Triton and Poseidon by at least tripling the financial resources for this purpose in 2015 and 2016 and reinforcing the number of assets, thus allowing to increase the search and rescue possibilities within the mandate of FRONTEX. We welcome the commitments already made by Member States which will allow to reach this objective in the coming weeks;

Fighting traffickers in accordance with international law

b) disrupt trafficking networks, bring the perpetrators to justice and seize their assets, through swift action by Member State authorities in co-operation with EUROPOL, FRONTEX, the European Asylum Support Office (EASO) and EUROJUST, as well as through increased intelligence and police-cooperation with third countries;

c) undertake systematic efforts to identify, capture and destroy vessels before they are used by traffickers;

d) at the same time, the High Representative is invited to immediately begin preparations for a possible CSDP operation to this effect;

e) use EUROPOL to detect and request removal of internet content used by traffickers to attract migrants and refugees, in accordance with national constitutions;

Preventing illegal migration flows

f) increase support to Tunisia, Egypt, Sudan, Mali and Niger among others, to monitor and control the land borders and routes, building on current CSDP operations in the region, as well as on regional cooperation frameworks (Rabat and Khartoum processes); step up dialogue with the African Union at all levels on all these issues;

g) reinforce our political cooperation with African partners at all levels in order to tackle the cause of illegal migration and combat the smuggling and trafficking of human beings. The EU will raise these issues with the African Union and the key countries concerned, with whom it will propose the holding of a summit in Malta in the coming months;

h) step up cooperation with Turkey in view of the situation in Syria and Iraq;

i) deploy European migration liaison officers in key countries to gather information on migratory flows, co-ordinate with national liaison officers, and co-operate directly with the local authorities;

j) work with regional partners in building capacity for maritime border management and search and rescue operations;

k) launch Regional Development and Protection programmes for North Africa and the Horn of Africa;

l) invite the Commission and the High Representative to mobilise all tools, including through development cooperation and the implementation of EU and national readmission agreements with third countries, to promote readmission of unauthorised economic migrants to countries of origin and transit, working closely with the International Organisation for Migration;

m) while respecting the right to seek asylum, set up a new return programme for the rapid return of illegal migrants from frontline Member States, coordinated by FRONTEX;

Reinforcing internal solidarity and responsibility

n) rapid and full transposition and effective implementation of the Common European Asylum System by all participating Member States, thereby ensuring common European standards under existing legislation;

o) increase emergency aid to frontline Member States and consider options for organising emergency relocation between all Member States on a voluntary basis;

p) deploy EASO teams in frontline Member States for joint processing of asylum applications, including registration and finger-printing;

q) set up a first voluntary pilot project on resettlement across the EU, offering places to persons qualifying for protection.

4. The EU institutions and the Member States will work immediately on the full implementation of these orientations. The Presidency and the Commission will present next week a roadmap setting out work up to June.

5. The European Council looks forward to the Commission Communication on a European Agenda for Migration, in order to develop a more systemic and geographically comprehensive approach to migration. The European Council will remain seized of the situation and will closely monitor the implementation of these orientations. The Council and the Commission will report to the European Council in June.”

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by | 24 Apr 2015 · 05:49

Libya Group With Control Over Tripoli and Libya’s Western Coast Says It Will “Confront” Unilateral EU Attacks on People Smuggler Sites

Libya Dawn, “[t]he group controlling Libya’s coastal capital Tripoli [and the Mediterranean coastal areas to the east and west of Tripoli] says it will ‘confront’ any unilateral European Union moves to attack sites used by people smugglers, urging the [EU] to consult it over plans to deal with the migration crisis.” (Click here for Guardian article-reporting based on Times of Malta interview with the group’s foreign minister.)

The political and security situation in Libya is complicated. And while migrant boats tend to depart from areas around Tripoli because the area is closer to Lampedusa and Malta, boats leave from eastern areas of Libya as well. If the EU does end up taking military action in Libya, it will necessarily engage with different militias and political groups.

Libya Situation Map mid-April 2015 – Map by @arabthomness.

2015-April Libya Situation Map

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by | 23 Apr 2015 · 22:41

Post Meeting Remarks from Council President Tusk: EU to destroy smugglers’ boats in line with int’l law; triple resources for Frontex Operation Triton; seek better co-operation with countries of origin and transit; coordinate resettlement of more refugees

Remarks by President Donald Tusk following the special European Council meeting on migratory pressures in the Mediterranean – 23/04/2015, 22:00

Full Text:

“Good evening. Today, we discussed the dramatic situation in the Mediterranean at the highest political level. Saving the lives of innocent people is the number one priority. But saving lives is not just about rescuing people at sea. It is also about stopping the smugglers and addressing irregular migration.

Let me be clear. Europe did not cause this tragedy. But that does not mean we can be indifferent. We are facing a difficult summer and we need to be ready to act.

Therefore, leaders have agreed four priority areas for action.
First, leaders have asked the High Representative to propose actions in order to capture and destroy the smugglers’ vessels before they can be used. Naturally, this will be in line with international law and respect for human rights. We will step up co-operation against smuggling networks by working through Europol, and by deploying immigration officers to third countries.

Second, we have agreed to triple the resources available to Triton, our border mission in the Central Mediterranean, and to enhance its operational capability. The mission will continue to carry out its mandate and respond to distress calls where necessary. I am happy to announce that leaders have already pledged significantly greater support, including many more vessels, aircraft and experts, and money.

Third, we need to limit irregular migration flows and to discourage people from putting their lives at risk. This means better co-operation with the countries of origin and transit, especially the countries around Libya.

Finally, we will do more on refugee protection. The European Union will help front-line Member States under pressure and co-ordinate the resettlement of more people to Europe on a voluntary basis, and with an option for emergency relocation. For those who do not qualify as refugees, we will operate an effective returns policy.
Leaders had no illusions that we would solve this international human emergency today. Therefore, we have tasked the Commission, the Council and the High Representative to step up their work based on what we have now agreed. This issue remains our priority and the European Council will come back to it in June.

As a final remark, let me repeat that the European Union is completely opposed to the death penalty. It cannot be the answer to drug trafficking. I am referring here to Mr Atlaoui, the French citizen who has been condemned by the Indonesian authorities. Thank you.”

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by | 23 Apr 2015 · 15:26

Frontex Prepared to Immediately Expand Air Surveillance

Frontex Press Statement:

“Frontex is looking forward to implement the conclusions of the European Council to be held this afternoon in Brussels and has already started preparing the implementation of the Home Affairs/Foreign Affairs Council held in Luxemburg on Monday, 20 April, Frontex Executive Director Fabrice Leggeri said.

‘My proposal is to increase as an immediate step air surveillance in the Mediterranean Sea south of Italy and Malta in addition to the vessels currently deployed, which is aimed at enhancing search and rescue capacities in the area,’ Leggeri said.

Leggeri has suggested increasing the aerial assets taking part in the Frontex-coordinated Triton operation also following two incidents when people smugglers have used weapons to reclaim boats following search and rescue operations in which vessels taking part in Triton were involved.

‘Assets co-funded by the agency have helped save thousands of lives in the Mediterranean. Frontex will continue within its mandate to do everything it can to fulfil this responsibility,’ Leggeri said.”

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by | 23 Apr 2015 · 15:00

US Accidentally Kills Italian and American Hostages in Carefully Targeted Surgical Drone Strike; EU Poised to Approve “Surgical” Military Strikes in Libya to Save Migrants

President Obama admitted today that the US had accidentally killed two Al Qaeda hostages, an Italian and an American, in a drone strike earlier this year. Obama said that before the military strike was authorised the US had conducted “hundreds of hours of surveillance on an al-Qaeda compound that led officials to believe there were no civilians present.”Giovanni Lo Porto and Warren Weinstein were killed in January. The information was only made public today.

The European Council’s pending approval of “surgical” and carefully planned strikes in Libya on boats that could be used by people smugglers, if approved and carried out, will in all likelihood result in the killing of innocent persons as today’s admission by Obama demonstrates.

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by | 23 Apr 2015 · 06:33

Text of Draft European Council Statement (via Statewatch)

From Statewatch, here is the text of the Draft European Council Statement that will be considered today:

DRAFT EUROPEAN COUNCIL STATEMENT

1. The situation in the Mediterranean is a tragedy. The European Union will mobilise all efforts at its disposal to prevent further loss of life at sea and to tackle the root causes of the human emergency that we face, in cooperation with the countries of origin and transit. Our immediate priority is to prevent more people from dying at sea.

2. We have therefore decided to strengthen our presence at sea, to fight the traffickers, to prevent illegal migration flows and to reinforce internal solidarity. Given that instability in Libya creates an ideal environment for the criminal activities of traffickers, we will actively support all UN-led efforts towards re-establishing government authority in Libya. We will also step up efforts to address conflict and instability as key push factors of migration, including in Syria.

3. We today commit to:

Strengthening our presence at sea

a)rapidly reinforce EU Operations Triton and Poseidon by at least doubling the financial resources for this purpose in 2015 and 2016 and reinforcing the number of assets, thus allowing to increase the search and rescue possibilities within the mandate of FRONTEX; [p.m.: welcome pledges]

Fighting traffickers

b) disrupt trafficking networks, bring the perpetrators to justice and seize their assets, through swift action by Member State authorities in co-operation with EUROPOL, FRONTEX, the European Asylum Support Office (EASO) and EUROJUST, as well as through increased intelligence and police-cooperation with third countries;

c) undertake systematic efforts to identify, capture and destroy vessels before they are used by traffickers. The High Representative is invited to immediately begin preparations for a possible CSDP operation to this effect, in accordance with international law;

d) use EUROPOL to detect and request removal of internet content used by traffickers to attract migrants and refugees, in accordance with national constitutions;

Preventing illegal migration flows

e) increase support to Tunisia, Egypt, Sudan, Mali and Niger among others, to monitor and control the land borders and routes in order to prevent potential migrants from gaining access to Mediterranean shores, building on current CSDP operations in the region, as well as on regional cooperation frameworks (Rabat and Khartoum processes); step up dialogue with the African Union at all levels on all these issues;

f) deploy European migration liaison officers in key countries to gather information on migratory flows, co-ordinate with national liaison officers, and co-operate directly with the local authorities;

g) work with regional partners in building capacity for maritime border management and search and rescue operations;

h) launch Regional Development and Protection programmes for North Africa and the Horn of Africa;

i) invite the Commission and the High Representative to mobilise all tools, including through development cooperation, to promote readmission of unauthorised economic migrants to countries of origin, working closely with the International Organisation for Migration;

j) set up a new return programme for the rapid return of irregular migrants from frontline Member States, coordinated by FRONTEX;

Reinforcing internal solidarity

k) set up a first voluntary pilot project on resettlement, offering at least 5,000 places to persons qualifying for protection;

l) increase emergency aid to frontline Member States and consider options for organising emergency relocation between Member States;

m) deploy EASO teams in frontline Member States for joint processing of asylum applications, including registration and finger-printing.

4.The EU institutions and the Member States will work immediately on the full implementation of these orientations. The European Council looks forward to the Commission Communication on a European Agenda for Migration, in order to develop a more systemic and geographically comprehensive EU approach to migration. The European Council will remain seized of the situation and will closely monitor the implementation of these orientations. The Council and the Commission will report to the European Council in June.

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by | 23 Apr 2015 · 06:14

Recent UN Security Council Statements on Libya and Migrants

The special meeting of the European Council will occur later today. Based on various press reports, it seems that the EU will decide to pursue several courses of actions in response to the situation in the Mediterranean, including taking steps – presumably by military force – to identify, capture and destroy migrant boats in Libya before the boats are used by smugglers. HR Federica Mogherini will reportedly be instructed to seek authorisation for the military strikes from the UN. (Click here (IT) and here (EN) for articles)  (Here is the Draft European Council Statement via Statewatch.)

The most recent UN Security Council resolution on Libya (Resolution 2213) was adopted on 27 March 2015; the Resolution extended the mandate of the United Nations Support Mission in Libya (UNSMIL) until 15 September 2015. The Resolution also took note of, among other matters, the dire situation faced by migrants in Libya and called on the Libyan government to promote and protect “the human rights of all persons in Libya, particularly those of African migrants and other foreign nationals.”

On 21 April, after the most recent migrant boat accident, the Security Council released a Press Statement regarding the boat accident and “expressed their concern at the implications for regional stability posed by transnational organized crime and illicit activities such as the smuggling of migrants…”

The press statement is not a formal statement from the Security Council, but may provide some limited insight into how members of the Security Council view the relationship between the flow of migrant boats and a possible threat to international peace and security and how the Security Council might respond to the EU request.

Full Text of the 21 April 2015 Press Statement:

“Security Council Press Statement on Recent Maritime Tragedy in Mediterranean Sea

The following Security Council press statement was issued today by Council President Dina Kawar (Jordan):

The members of the Security Council deplored the recent maritime tragedy in the Mediterranean Sea that resulted in hundreds of casualties, and extended their deepest condolences to all those affected and to their families.

The members of the Security Council expressed their grave concern at the recent proliferation of, and endangerment of lives by, the smuggling of migrants in the Mediterranean Sea, off the coast of Libya.

The members of the Security Council expressed their concern at the implications for regional stability posed by transnational organized crime and illicit activities such as the smuggling of migrants, condemned and deplored the said acts and underlined the need to bring the perpetrators of these acts to justice.

The members of the Security Council called for the full implementation by State Parties of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime.

The members of the Security Council expressed their strong support to countries in the region affected by the smuggling of migrants and emphasized the need to step up coordination of international efforts in order to strengthen a global response to this common challenge, and in order to protect these vulnerable migrants from being victimized by human traffickers.

The members of the Security Council urged all Member States, including countries of origin and transit, to cooperate with each other and with relevant international and regional organizations, including the IOM [International Organization for Migration], in addressing illicit migration flows, and dismantling smuggling networks in the region.

In that regard, the members of the Security Council urged all States to comply with their applicable obligations under international law, including international human rights law, international humanitarian law, and refugee law.

For information media. Not an official record.”

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by | 22 Apr 2015 · 07:48

The EU’s Proposed Plan to Destroy Migrant Boats in Libya Must be Rejected by the European Council

A plan for EU Member States to capture or destroy the boats used by people smugglers in the Mediterranean is one of ten possible courses of action that will be considered during the Extraordinary European Council Meeting on the Situation in the Mediterranean that will be held on 23 April.

The boat destruction proposal should be rejected for multiple reasons. There is no basis in law for the proposal and it would endanger lives of innocent people including migrants and fishermen, among others. It would certainly have little effect on its intended target, the people smugglers.

EU migration commissioner Avramopoulos described the plan, which has been recommended by the Foreign Affairs Council which met on 20 April, as a civil-military operation which would “capture and destroy vessels used by smugglers.” Avramopoulos reportedly compared the proposed EU boat destruction plan to Operation ATALANTA, the EU’s maritime operation against piracy off Somalia, saying that Atalanta “should inspire us for new operations against smugglers in the Mediterranean.”

As is always the case, the specific details of the proposed plan matter. There are situations where the destruction of a migrant boat under certain circumstances may be perfectly legal and otherwise appropriate. For example after a rescue operation when migrants have been safely removed from an unflagged and unseaworthy vessel, it may be appropriate for that vessel to be destroyed at sea rather than taking it in tow or leaving it adrift and thereby creating a navigational hazard. In such circumstances, there is no reason for an EU coast guard vessel, after migrants have been transferred from a migrant boat, to stand by and allow smugglers to take possession of the now empty migrant boat.

But if the EU boat destruction plan were to authorise the use of armed force to capture or destroy a smuggling boat at sea, particularly in the face of armed resistance from people smugglers, or if it were to authorise the destruction of boats at anchor in Libyan harbours, it is difficult to imagine how such a plan could be carried without endangering the lives of migrants and fisherman and thereby violating international humanitarian and human rights law.

Frontex and Italian patrol boats have already experienced armed threats at sea during rescue operations. One situation occurred on 13 April when armed people smugglers fired into the air to recover an empty migrant boat after an Italian tugboat and the Icelandic Coast Guard vessel Týr deployed by Frontex had rescued a group of migrants.  The Frontex vessel did not engage the people smugglers with force and allowed the smugglers to return to Libya with the empty migrant boat. If Frontex vessels or coast guard vessels were now to be called upon to use some level of appropriate force to prevent such incidents, rescue operations would be delayed, further complicated, and the rescued migrants would be placed in danger.

In regard to the possible destruction of boats at anchor in a Libyan harbour, the EU cannot engage in the proposed civil-military operation without having a legal basis to do so. One possible source of authority would be the invocation of Chapter VII of the UN Charter by the UN Security Council, but this would require the finding that the flow of migrant boats constitutes a threat to international peace and security. While the security situation in Libya or Syria might well constitute such a threat, the large scale movement of migrants by people smugglers does not.

Chapter VII has of course been invoked to authorise the EU Operation ATALANTA after the Security Council authorised of the use of force off Somalia in international waters and in Somalian territorial waters (as well as within Somalian territory). But the legal basis for Operation ATALANTA has no relevance to the proposed EU boat destruction plan. The suppression of piracy in international waters is authorised and governed by specialized international law and customary international practice relating to the suppression of piracy. There is no equivalent basis in international law for the suppression of people smuggling.

Chapter VII was likewise invoked in 2011 to authorise the use of force by NATO in Libya. The Security Council again made the necessary determination that the situation in Libya at the time was a threat to international peace. Among the factors referenced by the Security Council in Resolution 1973 was the plight of refugees and foreign workers who were subject to violence and who were forced to flee Libya. The resolution praised Tunisia and Egypt for protecting the fleeing refugees and called on the international community to support the efforts. It would be repugnant if today the ongoing violence in Libya was somehow used as a legal basis for a use of force which would serve to trap and endanger migrants, rather than making them safer.

In addition to the serious legal questions relating to the use of force to capture and destroy smugglers’ boats, there are serious practical concerns. Take the example of the unprecedented boat disaster and the 900 deaths that occurred earlier this week. One of the likely reasons for the massive death toll was the large number of persons who were locked below the main deck of the boat. What precautions would prevent the destruction of a suspected smuggling vessel at anchor with hundreds of people below deck and out of sight? Would the EU boat destruction plan require that any capture or destruction of a suspected smuggling boat be carried out by deploying EU military personnel on the ground in Libya with the resulting ability to more closely inspect a vessel before its destruction? Or would the plan permit destruction of a suspected smuggling boat by armed drones or military aircraft? If the destruction could occur through the use of aircraft, people will be killed, and it is more likely that those who will be killed will be migrants or innocent fisherman and not the people smugglers.

The easiest targets for destruction will be the larger fishing vessels that are being used by the people smugglers. But not so long ago the smuggling boats of choice were the Zodiacs and other large or medium–sized inflatable boats powered by outboard engines. This type of boat can be easily stored in vehicles or storage buildings and quickly moved into the water when needed. It would be an easy tactical shift on the part of the people smugglers to resume the use of inflatables if the larger fishing vessels were no longer obtainable.

The European Council needs to take new and significant steps to respond to this crisis. A focus on people smugglers should certainly be something that is addressed, but while the people smugglers are taking advantage of the crisis, they are not the cause. The EU response needs to instead focus on expanded search and rescue (i.e. Mare Nostrum plus – not Operation Triton plus) and creating alternative safe paths for people to seek protection in the EU or in other appropriate countries. The boat destruction plan should be rejected.

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by | 12 Jan 2015 · 07:21

Very Few Migrants Reaching Italy Apply for Asylum

While roughly 170,000 migrants over the past 14 months have reached Italy or been rescued and brought to Italy, according to UNHCR and Eurostat figures, very few of them are applying for asylum in Italy. Eurostat data through November 2014 indicate approximately 25,200 asylum applications from all nationalities were filed in Italy during the first six months of 2014; the number increased to approximately 27,000 during the period July-November 2014.

Eurostat data further show that only 455 asylum applications were submitted by Syrians in Italy during the January-November 2014 period, whereas over the same period over 28,000 Syrian asylum applications were submitted in Germany.

According to Italian press reports, “[n]ew figures from the UN’s refugee agency showed 25,077 people applied for asylum in Italy during the first six months of 2014. The highest number in Europe was recorded in Germany, which received 77,109 applications, followed by France (54,131) and Sweden (38,792).”

Click here for Eurostat “Asylum and new asylum applicants – monthly data”.

Click here for Eurostat “Asylum and new asylum applicants by citizenship, age and sex Monthly data (rounded)”. (Conduct search by modifying “+Citizen” option at upper right.)

Or click here for main Eurostat website and search for “asylum.”

Click here for news article.

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Filed under Data / Stats, Germany, Italy, Migrants, Refugees, Syria

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