Tag Archives: Algeria

by | 30 Nov 2012 · 07:42

Frontex FRAN Report for Q2 2012

On 10 October Frontex released its FRAN (Frontex Risk Assessment Network) Quarterly Report for the Second Quarter of 2012 (April-June). As is always the case, the 70 page report contains a significant amount of information, graphs, and statistical tables regarding detections of illegal border crossings (land, air, and sea), irregular migration routes, detections of facilitators, detections of illegal stays, refusals of entry, asylum claims, returns, information regarding other illegal border activities, and more.  Here are some highlights (focusing on the sea borders):

Malta-  There was a significant increase in the number of Somalis reaching Malta. “Taking into account the professional planning of the trips, it is assumed that the modus operandi has changed and that Malta is now targeted on purpose, thereby replacing Italy as the preferred destination country for this nationality. The reason for this change has not yet been confirmed; however, in the past Malta resettled some Somali migrants in the United States and in some EU Member States, which might be acting as a pull factor.”

Spain-  “In this region there was a new modus operandi involving facilitators dropping off migrants in the Chafarinas Islands, a Spanish archipelago 2 nautical miles away from the Moroccan coastline.”

“As reported in the previous FRAN Quarterly, in February 2012 Moroccan and Spanish Ministers of Interior signed a police agreement to create two joint police stations in the Spanish (Algeciras) and Moroccan (Tangiers) territories to cooperate by exchanging operational information and best practices between different police services.”

Italy-  “Throughout the quarter, Italy and Tunisia cooperated efficiently to repatriate Tunisian nationals and so most migrants typically arrived undocumented to delay readmission.”

Central Mediterranean-    “[D]etections in the Central Mediterranean showed a seasonal increase but were much reduced (-86%) compared with the dramatic peak during the same period in 2011. Indeed, in the second quarter of 2012 detections in this region resembled the pre-Arab Spring levels reported during the summer of 2010. … The Central Mediterranean was recently affected by increased detections of Somalis, and a steady trend of Tunisians and Egyptians.”

“In Q2 2012, there were no Joint Operations running in the Central Mediterranean Sea, therefore Frontex and the FRAN community are unable to utilize intelligence obtained through the direct debriefing of migrants. However, valuable information has been obtained from interviews carried out by the Maltese authorities. Such preliminary interviews revealed that some of the Somali migrants arriving in Malta had been promised that they would be brought to Italy. They departed from an unknown location in Libya and travelled for up to three days in boats before either being intercepted by Maltese authorities or reaching the shore. The average fare was said to be around USD 1 000 per person.”

“Subsequent to the reporting period, JO Hermes 2012 was launched on 2 July and is currently planned to run until 31 October 2012 as a continuation of the deployment of JO Hermes Extension 2011, which ended just before the reporting period, on 31 March 2012. JO Hermes 2012 has been established to support the Italian authorities in tackling maritime irregular migration along the coasts of Sicily, Pantelleria and the Pelagic islands (Lampedusa, Linosa, Lampione).”

Western Mediterranean –   “Detections in the Western Mediterranean were almost equally comparable to Q2 2011…”

“JO EPN Indalo 2012 started on 16 May and is currently scheduled to run until 31 October 2012. So far the number of irregular migrants apprehended in the operational areas is almost double that of the same period in 2011. Analysis of the information provided by the Spanish authorities also indicates a new increasing trend in the number of Algerian and Moroccan migrants per boat since the beginning of 2012.”

Western Africa –  “[D]etections increased to a large degree, yet from lower bases, on the … Western African route (+29%).” “In the second quarter of 2012, there were just 31 detections of illegal border-crossing in this region, almost exclusively of Moroccan nationals.”

“As reported in previous FRAN Quarterlies, the Western African route from the north of Mauritania to the Western Sahara territory is being reopened by illegal migration facilitation networks. It has been inactive for years but recently an estimated 2 000 sub-Saharans (particularly from Senegal) settled in the Western Saharan coastal cities of El Aaioún and Dakhla and in the last few months ~20 000 Senegalese nationals have entered Mauritania along these routes to the north.”

“During the reporting period there was no Frontex operation relevant for the Western African Route.”

Eastern Mediterranean-  “Subsequent to the reporting period (July 2012), JO EPN Aeneas 2012 was launched and is currently scheduled to run until the end of October 2012. There are two operational areas, Apulia and Calabria, covering the seashore along the Ionian Sea and part of the Adriatic Sea.”

Here are extensive excerpts from the Report with a focus on the sea borders:

“Executive summary

Taken as a whole, in Q2 2012, detections of illegal border-crossing were reduced by nearly half compared to the same quarter in 2011 due to the simultaneous effects of the winding down of the Arab Spring and fewer Albanian circular migrants entering Greece. However, detections at the undisputed long-term hotspot for irregular migration – the Greek land border with Turkey – were some 25% higher than during the same period in 2011 due to increased detections of migrants from Bangladesh and particularly Syria. [***]

In the Central Mediterranean, where detections peaked in 2011 during the Arab Spring, migrants from Somalia were increasingly detected in Malta. Specifically, in May 2012 the arrival of Somali migrants in Malta increased significantly while Italy registered a decrease in the number of Somali migrants apprehended in Sicily and the Pelagic Islands. The detected Somalis were mainly young males many of whom had been imprisoned by police or military forces during their travels through Libya. Taking into account the professional planning of the trips, it is assumed that the modus operandi has changed and that Malta is now targeted on purpose, thereby replacing Italy as the preferred destination country for this nationality. The reason for this change has not yet been confirmed; however, in the past Malta resettled some Somali migrants in the United States and in some EU Member States, which might be acting as a pull factor. Also, there is some evidence that facilitation networks located in Malta have tried to forward migrants to Sicily. [***]

The Western Mediterranean route was apparently dominated by local migrants from Morocco and Algeria but with large numbers of unknown nationalities it is assumed that local migrants were also accompanied by long-distance migrants probably from sub-Saharan Africa. In this region there was a new modus operandi involving facilitators dropping off migrants in the Chafarinas Islands, a Spanish archipelago 2 nautical miles away from the Moroccan coastline. [***]

4.1 Detections of illegal border-crossing

Overall, in Q2 2012 there were 23 092 detections of illegal border-crossing at the EU level, which is a considerable if somewhat expected seasonal increase compared to the previous quarter, and a 44% decrease compared to the same period in 2011 amidst the influx of migrants during the Arab Spring. Taken as a whole, detections of illegal border-crossing in Q2 2012 were lower than in any other second quarter since FRAN reporting began. Most probably, the low number of detections was due to the overlapping effects of the end of the Arab Spring in its initial countries (Egypt, Libya, Tunisia) and far fewer detections of circular Albanian migrants in Greece. The vast majority of detections were at the EU external land border (77%). [***]

[***] Ranked third among border sections [after the Greece-Turkey land border and the Greece-Albania border section] in Q2 2012 was the blue border of Sicily, where Tunisians, Egyptians and Somalis were increasingly detected. [***]

Figure 2 shows the evolution of the FRAN Indicator 1A – detections of illegal border-crossing, and the proportion of detections between the land and sea borders of the EU per quarter since the beginning of 2008. The second quarter of each year is usually associated with improving weather conditions more favourable for approaching and illegally crossing the external border of the EU. Moreover, conditions that are more favourable for illegal border-crossing are also more favourable for detection. The combination of these two effects tends to produce the highest number of detections during the second quarter of each year. [***]

 2012-10-10_Frontex_FRAN_Q2_2012-FIG_2

Without question, during the second quarter of 2012 the migrants that were detected with the most increasing frequency were those from Bangladesh (+35%), Somalia (+62%), Algeria (+88%) and Syria (+639%) (Fig. 5). In fact, more migrants from Syria were detected than ever before (2 024). Detections of most of these nationalities were concentrated at the Greek land border with Turkey, with the exception of Somalis, who were mostly detected in Malta. Indeed, Somalis were particularly notable in that their detections were distributed across a very wide range of locations; as well as Malta and the Greek land border with Turkey, they were also detected in Sicily, Lampedusa and the Slovakian land border with the Ukraine. [***]

[M]igrants from Algeria were not only increasingly detected at the Greek land bor[d]er with Turkey, but also in the Spanish maritime region of Almeria and at the Romanian land border with Serbia.The latter case is assumed to represent secondary movements through the Western Balkans region.

4.2 Routes

In 2011, detections of illegal border-crossing on the Central Mediterranean route peaked briefly during the period of turbulent sociopolitical developments in North Africa, known as the Arab Spring. In contrast, on the Eastern Mediterranean route, detections have followed a remarkably seasonal pattern over the last two years. Throughout 2011 detections in the Western Mediterranean (land and sea borders with Spain) steadily increased.

As illustrated in Figure 6, the Eastern and Central Mediterranean routes reported the most detections of illegal border-crossing in the second quarter of 2012, and were characterized with seasonal increases consistent with previous years, aside the Central Mediterranean region during the Arab Spring.

2012-10-10_Frontex_FRAN_Q2_2012-FIG_6

In Q2 2012, there were 14 125 detections of illegal border-crossing on the Eastern Mediterranean route, an increase of 27% compared to the same period in 2011 (Fig. 6) rendering this region the undisputed hotspot for illegal entries to the EU during the current reporting period. Elsewhere, detections in the Central Mediterranean showed a seasonal increase but were much reduced (-86%) compared with the dramatic peak during the same period in 2011. Indeed, in the second quarter of 2012 detections in this region resembled the pre-Arab Spring levels reported during the summer of 2010. Detections in the

Western Mediterranean were almost equally comparable to Q2 2011, whereas detections increased to a large degree, yet from lower bases, on the Eastern Borders route (+103%), Western Balkans route (+50%) and Western African route (+29%).

These routes not only differed in their magnitudes over time but also in the composition of detected nationalities. Consistent with previous periods, detections on the Eastern Mediterranean route were dominated by migrants from Afghanistan, and more recently Bangladesh, Algeria and Syria. The Central Mediterranean was recently affected by increased detections of Somalis, and a steady trend of Tunisians and Egyptians. [***]

[T]he Western Mediterranean route was apparently dominated by local migrants from Morocco and Algeria but with large numbers of unknown nationalities it is assumed that local migrants are also accompanied by other long-distance migrants probably from sub-Saharan Africa. The exception was the much less used Western African route, which was exclusively affected by local migrants from Morocco.

4.2.1. Eastern Mediterranean route

Since data collection began in early 2008, the Eastern Mediterranean has maintained its status as a major hotspot of irregular migration. Detections have followed a remarkably seasonal pattern invariably peaking in the third quarter of each year and concentrated at the border between Greece and Turkey, with a shift from the sea border to the land border visible in late 2009 (Fig. 7). Unusually, at the end of 2011 detections of illegal border- crossing on the Eastern Mediterranean rote remained almost constant between the third and final quarters of the year, resulting in the first recorded example of a sustained peak of detections at that time of year. This was due to an unexpected increase in detections at the Greek land border with Turkey, particularly in October. [***]

2012-10-10_Frontex_FRAN_Q2_2012-FIG_7

Italian Ionian Coast: For some time there has been a steady flow of Afghans and, to a lesser extent, Pakistanis arriving in the Southern Italian blue borders of Calabria and Apulia with some increases during Q2 2012.

Subsequent to the reporting period (July 2012), JO EPN Aeneas 2012 was launched and is currently scheduled to run until the end of October 2012. There are two operational areas, Apulia and Calabria, covering the seashore along the Ionian Sea and part of the Adriatic Sea.

According to Croatian open sources* in July, some 65 Asian and African migrants presumed to be heading to Italy were found drifting some 47 nautical miles south of Dubrovnik due to a broken engine (Fig. 12). They had been drifting for two days. The migrants, who had departed from Greece, did not want to be rescued by the Croatian authorities as they wanted to go to Italy. After several hours of negotiations, the authority for search and rescue towed the sailing boat to the nearest Croatian port.

There was also a recent increase in the numbers of Bangladeshis, Iraqis, Moroccans and Syrians arriving in Apulia from Greece but these detections were in much lower numbers than other nationalities. [***]

4.2.2. Central Mediterranean route

Irregular migration in the Central Mediterranean massively fluctuated in size and composition during 2011, largely due to the political and civil unrest across North Africa, particularly in Tunisia and Libya. Since Q4 2011, the situation has significantly improved following better cooperation between Italian and Tunisian authorities concerning the return of Tunisian nationals.

According to FRAN data, in Q2 2012 there were just 3 685 reported detections of illegal border-crossing on the Central Mediterranean route, a massive decrease compared to the peak in last year in Q2 2011 but an increase compared to late 2011 and early 2012. The increase was almost entirely due to more detections of migrants from Somalia (1 094) combined with a steady stream of migrants still arriving from Tunisia. Several nationalities previously detected in high numbers particularly in 2011 were not detected in significant numbers, including Bangladeshis (72) and Nigerians (19).

Migrants from Somalia – During May 2012, the arrival of Somali migrants in Malta increased significantly while

Italy registered a decrease in the number of Somali migrants apprehended in Sicily and the Pelagic Islands. In most cases, groups of males, females and minors (or families) were found on board rubber dinghies with outboard motors. A few of the boats were detected in Italian territorial waters in some distress after the migrants had called the Italian authorities for help using satellite telephones. The boats that recently headed for Malta were either intercepted by Maltese patrol boats or made it to the island without being intercepted.

Detected Somalis were mainly young males (aged 18–24) with secondary education and low or no income. The main reason for the migration was socio-economic, but in some cases it was military conflict. In Q2 2012, there were no Joint Operations running in the Central Mediterranean Sea, therefore Frontex and the FRAN community are unable to utilize intelligence obtained through the direct debriefing of migrants. However, valuable information has been obtained from interviews carried out by the Maltese authorities. Such preliminary interviews revealed that some of the Somali migrants arriving in Malta had been promised that they would be brought to Italy. They departed from an unknown location in Libya and travelled for up to three days in boats before either being intercepted by Maltese authorities or reaching the shore. The average fare was said to be around USD 1 000 per person.

Migrants from Tunisia – Most Tunisian migrants detected arriving in the Central Mediterranean Region were young (18–35 years) unmarried males with a primary level of education and low previous incomes (EUR 80–180 per month). All interviewed migrants declared to have relatives or friends already in the EU, especially in Italy, and they arrived on boats containing on average 20 migrants (Fig. 13).

Throughout the quarter, Italy and Tunisia cooperated efficiently to repatriate Tunisian nationals and so most migrants typically arrived undocumented to delay readmission. Subsequent to the reporting period, JO Hermes 2012 was launched on 2 July and is currently planned to run until 31 October 2012 as a continuation of the deployment of JO Hermes Extension 2011, which ended just before the reporting period, on 31 March 2012. JO Hermes 2012 has been established to support the Italian authorities in tackling maritime irregular migration along the coasts of Sicily, Pantelleria and the Pelagic islands (Lampedusa, Linosa, Lampione).

4.2.3. Western Mediterranean route

Irregular migration in the Western Mediterranean region increased throughout 2011 from just 890 detections in Q1 2011 to 3 568 detections in Q3. In Q2 2012, there were 1 549 detections which almost exactly corresponds to the number of detections the year before in Q2 2011 (1 569). As was the case a year ago, most detections were of Algerians followed by migrants of unknown nationalities (presumed to be sub-Saharan Africans) and Moroccans.

Recently, the size of the sub-Saharan population coming from Algeria has increased in different settlements adjacent to the Melilla border fence. Criminal networks operate more easily in this north eastern region of Morocco and the Spanish authorities treat a large-scale illegal crossing of the fence to the Spanish side as a real possibility. Attempts to cross have been made in the past involving groups of dozens or even hundreds.

JO EPN Indalo 2012 started on 16 May and is currently scheduled to run until 31 October 2012. So far the number of irregular migrants apprehended in the operational areas is almost double that of the same period in 2011. Analysis of the information provided by the Spanish authorities also indicates a new increasing trend in the number of Algerian and Moroccan migrants per boat since the beginning of 2012. The improvement of the weather and sea conditions during the reporting period impacted on the number of boats detected, with a gradual increase of the number of arrivals during the peak period, which according to data from the last two years is from May to October.

Migrants from Algeria – According to information gathered during interviews, most Algerians were single male adults aged 19–36 on average, but there were also a few females and minors in good health. Most migrants belonged to the lower middle class and, despite having a high level of education compared to sub-Saharan nationals, they suffered from a generalised lack of opportunities, welfare and access to public health services. Nearly all the Algerian migrants spoke Arabic with a few French and English speakers, but all were undocumented to avoid repatriation after arriving in Spain. The majority had relatives or friends in EU Member States, mainly in France and Spain, who could help them to find a job and settle within the ethnic communities already established in these countries.

4.2.4. Western African route

In the second quarter of 2012, there were just 31 detections of illegal border-crossing in this region, almost exclusively of Moroccan nationals.

As reported in the previous FRAN Quarterly*, in February 2012 Moroccan and Spanish Ministers of Interior signed a police agreement to create two joint police stations in the Spanish (Algeciras) and Moroccan (Tangiers) territories to cooperate by exchanging operational information and best practices between different police services. The goal of this cooperation is to strengthen the efforts and improve the results against organized crime operating on both sides of the Strait of Gibraltar involved in the smuggling of drugs, international terrorism, irregular migration and trafficking in human beings.

Following these developments, both International Police Cooperation Centres became operational during May 2012 (Fig. 14). The International Joint Police Stations are going to be integrated with National Police / Guardia Civil (Spain) and General Direction for National Security (Police) / Royal Gendarmerie (Morocco) staff for a rapid and effective exchange of information.

As reported in previous FRAN Quarterlies, the Western African route from the north of Mauritania to the Western Sahara territory is being reopened by illegal migration facilitation networks. It has been inactive for years but recently an estimated 2 000 sub-Saharans (particularly from Senegal) settled in the Western Saharan coastal cities of El Aaioún and Dakhla and in the last few months ~20 000 Senegalese nationals have entered Mauritania along these routes to the north.

During the reporting period there was no Frontex operation relevant for the Western African Route. [***]”

2012-10-10_Frontex_FRAN_Q2_2012-Annex Table 1_Sea Borders only

Click here or here for Report.

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by | 13 Jul 2012 · 05:12

1000+ Migrants / 44 Boats Reach Andalusian Coast in First Half of 2012; Frontex JOs Indalo and Minerva Underway

Europa Press reported that 1,037 migrants on board 44 boats have been detected arriving on the Andalusian coast from 1 January 2012 to 9 July 2012.  Most of the arrivals have occurred in the provinces of Granada and Almeria.  Frontex’s 2012 Joint Operation Indalo, which began in May , is focused on detecting irregular migration in the Western Mediterranean and specifically on migration from Morocco and Algeria towards Andalusia.  The ABC newspaper reported that some Spanish officials are again concerned that the Frontex enforcement efforts will divert migrant boats further north along the coast of Alicante.  The first boat of the year was detected arriving on the Alicante coast on 9 July.  ABC reported that a source with the Guardia Civil predicted that the numbers of boats attempting to reach Alicante would be less this year due to the stabilizing of conditions in North Africa and the poor Spanish economy.  Frontex’s Joint Operation Minerva will launch on 13 July and is focused on increased surveillance and inspection of passengers arriving in Spain by ferry from Morocco and arrivals in Ceuta.

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

Click here and here for Frontex descriptions of 2011 JO Indalo and Minerva.

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by | 13 Feb 2012 · 07:08

Increase in Numbers of Migrants Reaching Spanish Coast in 2011

The Spanish Ministry of Interior and the Asociación Pro Derechos Humanos de Andalucía (APDHA) both released reports regarding the numbers of migrants who reached Spain by sea in 2011.  APDHA reports larger numbers of arrivals and deaths in 2011 than the official governmental report.

The report from Spanish authorities states that a total of 5,443 migrants were known to have reached Spanish territory by sea, including the Canary Islands, in 2011.  This represents an increase over 2010 when 3,632 persons are known to have arrived, but represents a substantial reduction in total numbers compared to the peak year of 2006 when over 36,000 migrants reached Spain by sea or by entering the North African territories of Ceuta and Melilla.

According to Spanish authorities, 340 migrants reached the Canary Islands by sea in 2011, an increase over the 196 who arrived in 2010, but significantly fewer that the over 31,000 migrants who reached the Canary Islands in 2006.  3,345 migrants reached Ceuta and Melilla by sea, by being smuggled into the territories, or by otherwise crossing the border fencing.

The Guardia Civil reported that 29 migrants are known to have drowned in 2011, but some NGOs believe the numbers of deaths are much larger.

APDHA in its report  issued last month stated that it believed a larger number of migrants reached Spain.  The APDHA report was based on a survey of publicly available information.  It estimates that 8,867 people reached Spain (compared to the 5,443 reported by authorities).  APDHA also reported that 84 migrants are known to have died and at least 114 were known to be missing in 2011.

Click here and here for Spanish Ministerio del Interior report. (ES)

Click here and here for the Asociación Pro Derechos Humanos de Andalucía report. (ES)

Click here1, here2, here3, here4, here5, here6, here7, here8, here9, here10, here11, and here12 for additional articles.  (ES)

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by | 24 Jan 2012 · 04:54

Statewatch Analysis: The Arab Spring and the death toll in the Mediterranean: the true face of Fortress Europe

Statewatch released an Analysis by Marie Martin entitled “The Arab Spring and the death toll in the Mediterranean: the true face of Fortress Europe.”

Excerpt: “Throughout the uprisings in North Africa, the EU has maintained a discourse of double standards: supporting calls for freedom and democracy but greeting resulting population displacement with hostility. This has contributed to a record number of people dying at Europe’s borders during the first seven months of 2011. It is all about numbers when it comes to migration; about how large a flow came in, how many people asked for protection and how many applicants were “failed” or “rejected.” Numbers quantify the “threat” (e.g. the “invasion” of irregular migrants) and serve as a bargaining tool with third countries (allowing the acceptance of the externalisation of border controls in exchange for facilitating the mobility of a specific number of nationals). Numbers demonstrate whether the target of “x” thousands of annual deportations of irregular migrants is met. Numbers released by public authorities are meant to justify the need for migration policies and to show how efficiently they are implemented. Yet hidden numbers question the legitimacy of these policies – the death toll of people dying at Europe’s borders is such an example. For several years, Gabriele del Grande has monitored the situation at the EU’s external borders and kept a record of the number of deaths occurring in the context of irregular bordercrossings [2] on the Fortress Europe website. According to the website’s latest update, the EU’s borders have never been so “murderous” [3]: there were 1,931 deaths during the first seven months of 2011. [4] In 2008, a petition was brought before the European Parliament by the ProAsyl organisation, denouncing the  deathtrap at the EU’s borders” [5]: it was a particularly “murderous” year, with 1,500 deaths. It is terrifying to realise that this toll was exceeded in the first seven months of 2011. …”

Click here for Analysis.

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by | 20 Jul 2011 · 05:22

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

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

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

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by | 08 Jun 2011 · 03:29

CARIM: Libya Migration Profile

CARIM has published an updated Migration Profile for Libya.  The profile includes IOM data regarding migrant departures from Libya between 20 February and 26 May 2011 which again highlights the humanitarian burden imposed on Tunisia and Egypt relative to Italy and the EU.

Tunisia received 232,856 individuals from Libya during this period (185,442 of whom were TCNs) which is 43.8% of the total number of migrants who have fled Libya.  Egypt received 172,318 individuals (74,911 TCNs) which constitutes 32.4% of the migrants who have fled.  Italy received 13,110 individuals (all TCNs) which constitutes 2.5% of the total.   Niger received 13.1% of the total, Chad 5.1%, Algeria 2.3%, and Malta 0.3%.

Click here for the Profile.

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by | 24 May 2011 · 05:13

600+ Migrants Reach Andalusian Coast in 2011

A total of 612 migrants in 24 different boats have reached the Andalusian coast of Spain (Almeria, Granada, Cadiz and Huelva) from Morocco and Algeria so far in 2011.

Click here for article (ES).

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by | 29 Apr 2011 · 05:57

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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by | 09 Mar 2011 · 06:53

Migrants Being Prevented from Leaving Libya

According to several media reports, Libyan soldiers have prevented up to 30,000 migrant workers from fleeing Libya to Tunisia.  “The migrant workers were rounded up and apparently held in Libyan immigration buildings near the Tunisian border last week, Ibrahim Osman of the International Federation of Red Cross and Red Crescent Societies told The Associated Press.”  If this information is correct, it would explain the sudden drop in the numbers of persons trying to cross in to Tunisia in recent days.  According to IOM, as of 8 March, 224,661 migrants have reached Libya’s borders with Tunisia, Egypt, Niger and Algeria.

Click here and here for articles.  (EN)

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by | 27 Feb 2011 · 01:33

Frontex Lampedusa Situational Map

Frontex posted a situational map showing current and past information regarding migrant flows from Tunisia to Italy.  The map is dated 25 Feb. 2011.

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by | 03 Feb 2011 · 06:34

Frontex 3rd Quarter Report

On 16 January the Frontex Risk Analysis Unit released its Report for the Third Quarter of 2010 (July-Sept.).  The report contains data, charts, and graphs detailing detections of migrants, asylum seekers, false document use, detections of facilitators, and other information.  The deployment of Frontex’s RABIT force to the Greek-Turkey border did not begin until 2 November 2010, so the effects of the RABIT deployment do not appear in the Third Quarter.

The Report notes that the “unprecedented peak in illegal border-crossings at the Greek land border with Turkey is the result of a shift from the sea to the land border” coupled with a “large increase in the absolute number of migrants” using Turkey as an EU entry point.  The Report states that there has been an eight-fold increase in the number Maghreb nationals detected at the Greek land border which “is thought to be the result of a displacement effect from the West Africa and Western Mediterranean routes.”

The Report also notes an increase in the number of detections on the Central and Western Mediterranean sea routes compared to Q2 which may be attributable to seasonal variations or “may be indicative of reorganized modi operandi in these areas in response to Frontex Joint Operations, more effective border controls and bilateral agreements implemented in 2008.”  See Figure 3 below.

Excerpts from the Report:

“Detections of illegal border-crossing”

“…  Fig. 2 [see below] shows quarterly detections at the land and sea borders of the EU since the beginning of 2008. The 30% increase in the number of detections between the previous and present quarters is comprised of a 60% increase at the sea borders (although from a lower base) and a 23% increase at the land borders. This means that the shift from sea to land borders has not continued to same extent as in the previous quarters.  Nevertheless in Q3 2010, there were some 29 000 detections of illegal border-crossing at the external land border of the EU, which constitutes 85% of all the detections at the EU level, and the highest number of detections at the land border since data collection began in early 2008….”

“Eastern Mediterranean route”

The Report observes that there has been a shift in illegal crossings from the Greece-Turkey maritime border to the Greece-Turkey land border and notes an increase in the number of nationals from Maghreb countries apprehended at the Greece-Turkey land border.  “This route [being taken by Maghreb nationals] is very indirect, but is thought to be the result of a displacement effect from the West Africa and Western Mediterranean routes….”

See Figure 4 below which shows that detections of illegal border crossers at the land border of Greece have exceeded detections at the sea border since Q1 of 2010.

“Central Mediterranean route”

“There were 2 157 detections of illegal border-crossing during Q3 2010. This is more than a three-fold increase compared to the previous quarter and a third higher than the same period last year. However despite this apparently large increase, detections still remain massively reduced compared to the peak of around 16 000 during the same period in 2008 (Fig. 3)….”

“The JO Hermes 2010 which was operational between June and October 2010, focused on illegal migratory flows departing from Algeria to the southern borders of the EU, specifically to Sardinia. In 2010, there were fewer detections than in previous years….”

“Departures from Libya also remained low. In June 2010, a new law was implemented to serve more severe punishments for facilitating illegal immigration. Ambassadors of the countries of origin were called into the Ministry of Foreign Affairs in Tripoli to be informed about the consequences of the new law, which suggests that this may be a serious implementation.”

“Western Mediterranean route”

“In general, irregular immigration to southern Spain has decreased massively since the beginning of 2006. However, in Q3 2010 there were 2 200 detections of illegal border crossing in the Western Mediterranean, more than twice that of the previous quarter and around a third higher than the same period in 2009. There is growth in the number of detections of a wide range of African nationalities, nine of which more than doubled in number between Q2 and Q3 2010. The most detected nationalities were Algerian, Moroccan, Cameroonian and Guinean.”

“Western Africa route”

“The cooperation and bilateral agreements between Spain and the rest of the Western African countries (Mauritania, Senegal and Mali) are developing steadily, and are one of the main reasons for the decrease in arrivals, as is the presence of patrolling assets near the African coast.”

“According to data collected during JO Hera, the numbers of arrivals in the Canary Islands and detections in West Africa are very low compared to the same time last year. The main nationality and place of departure is from Morocco, to where migrants are returned within a few days.”

Click here for the 3rd Quarter 2010 Report.

Click here for the 2nd Quarter 2010 Report.

Click here for the 1st Quarter 2010 Report.

Click here for my previous post regarding the 2nd Quarter Report.

 

 

 

 

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by | 23 Jun 2010 · 04:50

La Tribune (Algérie): La Libye met l’Union européenne au pied du mur

“L’Europe, l’obsession sécuritaire et l’immigration utilitaire – … Les négociations entre l’UE et la Libye semblent suggérer que les Européens sont prêts à aller très loin dans la volonté de faire des Etats du Sud les gendarmes luttant contre l’immigration clandestine. En effet, pour signer un accord d’association comprenant le volet immigration, la Libye exige la fermeture pure et simple du bureau du Haut-Commissariat aux réfugiés (HCR), en plus de moyens financiers supplémentaires et du matériel de surveillance des frontières terrestres et maritimes qui viendront s’ajouter aux nombreux dispositifs de contrôle déjà financés par l’UE dans ce pays depuis le début des années 2000. La politique européenne sur l’immigration inclut également l’ouverture sur le sol libyen de «points d’accueil», qui permettraient aux réfugiés de déposer leur demande d’asile sans prendre le risque d’une traversée de la Méditerranée. Le commissaire en charge des questions d’asile et d’immigration, Jacques Barrot, s’était rendu sur place pour étudier la possibilité d’un tel dispositif…..”

Cliquez ici pour télécharger l’article.

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by | 20 May 2010 · 05:41

Large Drop in Irregular Algerian Migrants Arriving in Italy in 2009

Italy’s Ambassador to Algeria, Giampaolo Cantini, held a press conference this week and said that the number of harragas, irregular migrants, who were found attempting to enter Italy from Algeria dropped from 1599 in 2008 to 804 in 2009.  The press coverage described the reduction as a 70% reduction, but given the cited numbers, it seems the drop is about 50%.  Cantini noted that not a single migrant departing Algeria for Italy has been detected since 30 April 2010.

Cantini attributed the reduction to the increased level of bilateral cooperation between Italy and Algeria on the migration issue and the increased surveillance of the Algerian coast by Algerian authorities.

Click here and here for articles (both FR).

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by | 01 May 2010 · 04:31

UNHCR Research Paper: Les violences faites aux femmes pendant leur voyage clandestin: Algérie, France, Espagne, Maroc

Un nouveau rapport du HCR (UNHCR Research Paper) par Smaïn Laacher a été publié: “Les violences faites aux femmes  pendant leur voyage clandestin: Algérie, France, Espagne, Maroc.”

Extraits:

“L‟objet de notre mission a porté sur les violences faites aux femmes migrantes pendant leur voyage clandestin. Les femmes qui constituent la population de notre étude sont des femmes qui ont quitté illégalement leur pays et ont voyagé jusqu‟au Maroc, en Algérie, en Espagne, et en France. *** Les violences subies par les femmes pendant leur voyage clandestine … , dont la plus destructrice est la violence sexuelle, visent principalement des êtres sans défense, c‟est-à-dire des femmes qui n‟ont pu ou qui ne peuvent pas être défendues, précisément parce qu‟elles n‟existent pour personne, si ce n‟est que pour elles-mêmes et pour leurs agresseurs. ***”

Cliquez ici pour télécharger le rapport.

Cliquez ici pour télécharger le rapport.

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by | 16 Apr 2010 · 04:18

8th Conference of the Foreign Ministers of the Western Mediterranean (“5+5”)

Foreign Ministers from the so-called “5+5” countries, France, Spain, Italy, Malta, Portugal, Morocco, Algeria, Libya, Mauritania, and Tunisia, are meeting this week in Tunis to discuss a variety of issues including migration, which will be discussed at the plenary session on 16 April.

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

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