Tag Archives: Federica Mogherini

by | 18 Feb 2016 · 07:21

WikiLeaks Releases Restricted Document: EUNAVFOR MED Operation SOPHIA Six Monthly Report

WikiLeaks yesterday released the ‘EUNAVFOR MED Op SOPHIA – Six Monthly Report’. (Also available here: EEAS-2016-126.) The 22 page document is classified as EU RESTRICTED and provides a detailed description of EUNAVFOR MED’s operations during the period 22 June-31 December 2015 and discusses the next steps for the operation, including the move to Phase 2B which would entail operations within Libyan territorial waters. The operation currently operates outside of Libyan territorial waters consistent with UN Security Council Resolution 2259 (2015). The report is signed by Rear Admiral Enrico CREDENDINO, EUNAVFOR MED Op SOPHIA Operation Commander.

Here are some selected excerpts from the report:

Smugglers’ Business Model –

…Wooden boats are mainly used for migrant smuggling to the west of Tripoli, and rubber boats are more common to the east of Tripoli. Wooden boats are more valuable than rubber dinghies because they can carry more people, hence more profit for smugglers and are more resilient to bad weather and can be re-used if recovered by smugglers. However, following operation SOPHIA entering into Phase 2A (High Seas), smugglers can no longer recover smuggling vessels on the High seas, effectively rendering them a less economic option for the smuggling business and thereby hampering it.

Inflatable boats are used in two thirds of the cases and wooden boats in one third of the cases. According to intelligence sources, the wooden boats used are purchased from Libyan fishermen or imported from Tunisia and Egypt. EUNAVFOR MED are monitoring, within capabilities, the supply routes for these, but no detection has been obtained to confirm beyond any reasonable doubt this supply method.

Reports of rubber boast being imported from China and transhipped in Malta and Turkey are supported by a recent interception by Maltese customs of 20 packaged rubber boats in a container destined for Misratah, Libya. As there are no legal grounds for holding such shipments, it was released for delivery to the destination….

Legal Basis for Phase 2A – High Seas –

…The legal basis applicable to phase 2A (High Seas) relies on the international law applicable to the Operation (UN Convention on the Law of the Sea, Palermo protocol against the smuggling of migrants by land and sea) and on individual Member States’ application of the EU mandate through domestic legislation to board, seize and divert vessels and to detain suspected smugglers and traffickers. The adoption of UNSCR 2240 (2015) by the UN Security Council on 9 October, reinforces the legal framework applicable to EUNAVFOR MED activities in international waters. The resolution now provides the legal basis for all Member States to undertake these activities against suspected smugglers and traffickers coming from Libya….

Cooperation with International Organisations –

…In particular we have embedded the training initially provided by UNHCR on migrant handling and international law and this is now a core part of the inchop [command zone] package for new units joining the operation. We are further building on this training with input from UNICEF….

Campaign Assessment –

…Entry into Libyan Territorial Waters will undoubtedly allow us to achieve further success as we get towards the heart of [smuggler and trafficker] networks….

…From a military perspective, EUNAVFOR MED is ready to proceed to Phase 2B (Territorial Waters), though the political and legal challenges ahead remain a significant challenge….

…Transition from phase 2A to 2B [Libyan Territorial Waters] will require for a number of significant challenges to be resolved before I can actually recommend the transition.

Next Steps and Key Challenges-

From a military perspective, and to be more effective against the smugglers’ business model, I need to move to phase 2B (Territorial Waters) as soon as possible. However there are a number of key issues that need to be addressed. These are:

The Legal Finish.

As we will be operating in Libyan Territorial Waters, the current legal finish, of prosecuting suspected smugglers in Italy will not apply. We will therefore need a new legal basis; either an agreement with the Libyan authorities that they will waive their right to prosecute suspected smugglers in Libya and allow them to be prosecuted by another Member State, or to have a transfer agreement in place for apprehended smugglers to be transferred to the Libyan authorities for prosecution. Both options have specific challenges end rely on the consent of the Libyan authorities. If we were to transfer suspected persons to the Libyan authorities, we would need to ensure that they are treated in accordance with human rights standards that are acceptable to the EU and Member States….

…Regardless of the challenges with both options, we are working very closely with the EEAS to come to a workable solution. It is however clear that regardless of the solution taken, the Libyan authorities are fundamental in making this happen, either by providing the agreement to prosecute in another country, or to agree to prosecute in Libya through a judicial system which meets those standards required by the EU. I want to underline the fact that this issue must be solved before we can move to phase 2 Bravo. Without the required legal finish we will be compelled to release suspected smugglers apprehended in Libyan Territorial Waters, with a subsequent loss of credibility for the operation in the media and EU public opinion.

Legal mandate – UNSCR and Libyan Invitation.

In order to move to phase 2 in Libyan territorial waters, we need firstly an invitation from the GNA, as the sole legitimate Government of Libya under UNSCR 2259(2015), and secondly a UN Security Council Resolution to provide the necessary legal mandate to operate. Whilst the transition to phase 2 in Libyan TTW with only a UNSCR without an invitation from the Libyan authorities is theoretically possible, it is unlikely that the UNSCR would be adopted as Russia and China have previously stated that a Libyan invitation would be required by them so as not to block the resolution….

Capacity and Capability Building –

As we move into Territorial Waters, our interaction with the Libyan Navy and Coastguard will increase and we will need to gain confidence in their activities. The capability and capacity of the Libyan Coastguard to protect their borders needs to be developed and therefore preventing illegal migration from Libyan shores, so that we can reach the end state of the mission where illegal migration is at a manageable level without the need for EUNAVFOR Med. This will have to be shaped with Libyan authorities to match their expectations and could benefit from cooperation with other EU missions….

Full document is here or click on this link EEAS-2016-126.

Leave a comment

Filed under European Union, Frontex, Italy, Libya, Malta, Mediterranean, Migrants, Reports, UN Security Council, UNHCR

Tagged as , , , , , , , , , , , ,

by | 10 Oct 2015 · 05:54

UN Security Council Resolution 2240: Authorizing Member States to Intercept Vessels off Libyan Coast Suspected of Migrant Smuggling

Official text here.

2 Comments

Filed under General

Tagged as , , , , , , , , , , , , ,

by | 10 Oct 2015 · 00:42

Text (unofficial) of UN Security Council Resolution 2240: Authorizing Member States to Intercept Vessels off Libyan Coast Suspected of Migrant Smuggling

Here is the unofficial text of S/Res/2240 (2015) via the UN Security Council – Meetings Coverage. The official text will appear here (under embargo – not yet posted). For information media. Not an official record.

The Security Council,

“Recalling its press statement of 21 April on the maritime tragedy in the Mediterranean Sea,

“Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

“Recalling that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, sets out the legal framework applicable to activities in the ocean,

“Reaffirming also the United Nations Convention against Transnational Organized Crime (UNTOC Convention) and its Protocol against the Smuggling of Migrants by Land, Air and Sea, as the primary international legal instruments to combat the smuggling of migrants and related conduct, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UNTOC Convention, as the primary international legal instruments to combat trafficking in persons,

“Underlining that, although the crime of smuggling of migrants may share, in some cases, some common features with the crime of trafficking in persons, Member States need to recognise that they are distinct crimes, as defined by the UNTOC Convention and its Protocols, requiring differing legal, operational, and policy responses,

“Deploring the continuing maritime tragedies in the Mediterranean Sea that have resulted in hundreds of casualties, and noting with concern that such casualties were, in some cases, the result of exploitation and misinformation by transnational criminal organisations which facilitated the illegal smuggling of migrants via dangerous methods for personal gain and with callous disregard for human life,

“Expressing grave concern at the recent proliferation of, and endangerment of lives by, the smuggling of migrants in the Mediterranean Sea, in particular off the coast of Libya and recognizing that among these migrants may be persons who meet the definition of a refugee under the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto,

“Emphasizing in this respect that migrants, including asylum-seekers and regardless of their migration status, should be treated with humanity and dignity and that their rights should be fully respected, and urging all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable, stressing also the obligation of States, where applicable, to protect the human rights of migrants regardless of their migration status, including when implementing their specific migration and border security policies,

“Reaffirming in this respect the need to promote and protect effectively the human rights and fundamental freedoms of all migrants, regardless of their migration status, especially those of women and children, and to address international migration through international, regional or bilateral cooperation and dialogue and through a comprehensive and balanced approach, recognizing the roles and responsibilities of countries of origin, transit and destination in promoting and protecting the human rights of all migrants, and avoiding approaches that might aggravate their vulnerability,

“Further recalling the International Convention for the Safety of Life at Sea and the International Convention on Maritime Search and Rescue,

“Expressing further concern that the situation in Libya is exacerbated by the smuggling of migrants and human trafficking into, through and from the Libyan territory, which could provide support to other organised crime and terrorist networks in Libya,

“Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,

“Underlining the primary responsibility of the Libyan Government to take appropriate action to prevent the recent proliferation of, and endangerment of lives by, the smuggling of migrants and human trafficking through the territory of Libya and its territorial sea,

“Mindful of the need to support further efforts to strengthen Libyan border management, considering the difficulties of the Libyan Government to manage effectively the migratory flows in transit through Libyan territory, and noting its concern for the repercussions of this phenomenon on the stability of Libya and of the Mediterranean region,

“Welcoming support already provided by the most concerned Member States, including Member States of the European Union (EU), taking into account inter alia the role of FRONTEX and the specific mandate of EUBAM Libya in support of the Libyan Government, and by neighbouring States,

“Acknowledging the European Council statement of 23 April 2015 and the press statement of the African Union Peace and Security Council of 27 April, which underlined the need for effective international action to address both the immediate and long-term aspects of human trafficking towards Europe,

“Taking note of the Decision of the Council of the European Union of 18 May 2015 setting up ‘EUNAVFOR Med’ which underlined the need for effective international action to address both the immediate and long-term aspects of migrant smuggling and human trafficking towards Europe,

“Taking further note of the ongoing discussions between the EU and the Libyan Government on migration related issues,

“Expressing also strong support to the States in the region affected by the smuggling of migrants and human trafficking, and emphasizing the need to step up coordination of efforts in order to strengthen an effective multidimensional response to these common challenges in the spirit of international solidarity and shared responsibility, to tackle their root causes and to prevent people from being exploited by migrant smugglers and human traffickers,

“Acknowledging the need to assist States in the region, upon request, in the development of comprehensive and integrated regional and national strategies, legal frameworks, and institutions to counter terrorism, transnational organised crime, migrant smuggling, and human trafficking, including mechanisms to implement them within the framework of States’ obligations under applicable international law,

“Stressing that addressing both migrant smuggling and human trafficking, including dismantling smuggling and trafficking networks in the region and prosecuting migrant smugglers, and human traffickers requires a coordinated, multidimensional approach with States of origin, of transit, and of destination, and further acknowledging the need to develop effective strategies to deter migrant smuggling and human trafficking in States of origin and transit,

“Emphasizing that migrants should be treated with humanity and dignity and that their rights should be fully respected, and urging all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable,

“Bearing in mind the obligations of States under applicable international law to exercise due diligence to prevent and combat migrant smuggling and human trafficking, to investigate and punish

perpetrators, to identify and provide effective assistance to victims of trafficking and migrants and to cooperate to the fullest extent possible to prevent and suppress migrant smuggling and human trafficking,

“Affirming the necessity to put an end to the recent proliferation of, and endangerment of lives by, the smuggling of migrants and trafficking of persons in the Mediterranean Sea off the coast of Libya, and, for these specific purposes, acting under Chapter VII of the Charter of the United Nations,

“1. Condemns all acts of migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya, which undermine further the process of stabilisation of Libya and endanger the lives of thousands of people;

“2. Calls on Member States acting nationally or through regional organisations, including the EU, to assist Libya, upon request, in building needed capacity including to secure its borders and to prevent, investigate and prosecute acts of smuggling of migrants and human trafficking through its territory and in its territorial sea; in order to prevent the further proliferation of, and endangerment of lives by, the smuggling of migrants and human trafficking into, through and from the territory of Libya and off its coast;

“3. Urges Member States and regional organisations, in the spirit of international solidarity and shared responsibility, to cooperate with the Libyan Government, and with each other, including by sharing information about acts of migrant smuggling and human trafficking in Libya’s territorial sea and on the high seas off the coast of Libya, and rendering assistance to migrants and victims of human trafficking recovered at sea, in accordance with international law;

“4. Urges States and regional organisations whose naval vessels and aircraft operate on the high seas and airspace off the coast of Libya, to be vigilant for acts of migrant smuggling and human trafficking, and in this context, encourages States and regional organisations to increase and coordinate their efforts to deter acts of migrant smuggling and human trafficking, in cooperation with Libya;

“5. Calls upon Member States acting nationally or through regional organisations that are engaged in the fight against migrant smuggling and human trafficking to inspect, as permitted under international law, on the high seas off the coast of Libya, any unflagged vessels that they have reasonable grounds to believe have been, are being, or imminently will be used by organised criminal enterprises for migrant smuggling or human trafficking from Libya, including inflatable boats, rafts and dinghies;

“6. Further calls upon such Member States to inspect, with the consent of the flag State, on the high seas off the coast of Libya, vessels that they have reasonable grounds to believe have been, are being, or imminently will be used by organised criminal enterprises for migrant smuggling or human trafficking from Libya;

“7. Decides, with a view to saving the threatened lives of migrants or of victims of human trafficking on board such vessels as mentioned above, to authorise, in these exceptional and specific circumstances, for a period of one year from the date of the adoption of this resolution, Member States, acting nationally or through regional organisations that are engaged in the fight against migrant smuggling and human trafficking, to inspect on the high seas off the coast of Libya vessels that they have reasonable grounds to suspect are being used for migrant smuggling or human trafficking from Libya, provided that such Member States and regional organisations make good faith efforts to obtain the consent of the vessel’s flag State prior to using the authority outlined in this paragraph;

“8. Decides to authorise for a period of one year from the date of the adoption of this resolution, Member States acting nationally or through regional organisations to seize vessels inspected under the authority of paragraph 7 that are confirmed as being used for migrant smuggling or human trafficking from Libya, and underscores that further action with regard to such vessels inspected under the authority of paragraph 7, including disposal, will be taken in accordance with applicable international law with due consideration of the interests of any third parties who have acted in good faith;

“9. Calls upon all flag States involved to cooperate with respect to efforts under paragraphs 7 and 8, and decides that Member States acting nationally or through regional organisations under the authority of those paragraphs shall keep flag States informed of actions taken with respect to their vessels, and calls upon flag States that receive such requests to review and respond to them in a rapid and timely manner;

“10. Decides to authorise Member States acting nationally or through regional organisations to use all measures commensurate to the specific circumstances in confronting migrant smugglers or human traffickers in carrying out activities under paragraphs 7 and 8 and in full compliance with international human rights law, as applicable, underscores that the authorizations in paragraph 7 and 8 do not apply with respect to vessels entitled to sovereign immunity under international law, and calls upon Member States and regional organisations carrying out activities under paragraphs 7, 8 and this paragraph, to provide for the safety of persons on board as an utmost priority and to avoid causing harm to the marine environment or to the safety of navigation;

“11. Affirms that the authorisations provided in paragraphs 7 and 8 apply only with respect to the situation of migrant smuggling and human trafficking on the high seas off the coast of Libya and shall not affect the rights or obligations or responsibilities of Member States under international law, including any rights or obligations under UNCLOS, including the general principle of exclusive jurisdiction of a flag State over its vessels on the high seas, with respect to any other situation, and further affirms that the authorisation provided in paragraph 10 applies only in confronting migrant smugglers and human traffickers on the high seas off the coast of Libya;

“12. Underscores that this resolution is intended to disrupt the organised criminal enterprises engaged in migrant smuggling and human trafficking and prevent loss of life and is not intended to undermine the human rights of individuals or prevent them from seeking protection under international human rights law and international refugee law;

“13. Emphasises that all migrants, including asylum-seekers, should be treated with humanity and dignity and that their rights should be fully respected, and urges all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable;

“14. Urges Member States and regional organisations acting under the authority of this resolution to have due regard for the livelihoods of those engaged in fishing or other legitimate activities;

“15. Calls upon all States, with relevant jurisdiction under international law and national legislation, to investigate and prosecute persons responsible for acts of migrant smuggling and human trafficking at sea, consistent with States’ obligations under international law, including international human rights law and international refugee law, as applicable;

“16. Calls for Member States to consider ratifying or acceding to, and for States Parties to effectively implement the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, and as well as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children;

“17. Requests States utilising the authority of this resolution to inform the Security Council within three months of the date of adoption of this resolution and every three months thereafter on the progress of actions undertaken in exercise of the authority provided in paragraphs 7 to 10 above;

“18. Requests the Secretary-General to report to the Security Council eleven months after the adoption of this resolution on its implementation, in particular with regards to the implementation of paragraphs 7 to 10 above;

“19. Expresses its intention to review the situation and consider, as appropriate, renewing the authority provided in this resolution for additional periods;

“20. Decides to remain seized of the matter.”

For information media. Not an official record.

1 Comment

Filed under General

Tagged as , , , , , , , , , , , , ,

by | 09 Oct 2015 · 06:49

UN Security Council to Vote Today, 8 October, on Resolution Authorising EU to Inspect and Seize Vessels on High Seas Suspected of Engaging in Smuggling or Trafficking of Persons

From What’s in Blue: The Security Council “is expected to vote [on 8 Oct. 2015] on a resolution aimed at disrupting human trafficking and the smuggling of migrants on the high seas off the coast of Libya. …

The draft resolution authorises member states, acting nationally or through regional organisations, to inspect vessels on the high seas off the coast of Libya that they have reasonable grounds to suspect are being used for migrant smuggling or human trafficking. Furthermore, the draft authorises member states to seize vessels if there is confirmation that they are being used for migrant smuggling or human trafficking from Libya. These authorisations are for a period of one year from the date of the adoption, and the draft stresses how these are given in exceptional and specific circumstances. …

It seems that the two most divisive issues during negotiations related to references to Chapter VII and the use of force. Several Council members, including Chad, Russia and Venezuela, raised concerns over the implications of having a Chapter VII resolution with a broad mandate. Following bilateral negotiations, the draft to be voted on is under Chapter VII but states that this is specifically to put an end to the recent ‘proliferation of, and endangerment of lives by, the smuggling of migrants and trafficking of persons in the Mediterranean sea off the coast of Libya’. …

In relation to the use of force, one of the difficulties was defining the instances in which member states are authorised to use force. The initial draft circulated by the UK included an authorisation to use ‘all necessary measures’ in confronting migrant smugglers or human traffickers. Some Council members wanted further guarantees that this was not a blanket mandate to use force. As a result of the members’ concerns compromise language was added to authorise member states to use ‘all measures commensurate to the specific circumstances’ in confronting them. …

While Council negotiations were put on hold during the high-level debate of the UN General Assembly, amendments were made to the draft in order to secure the consent of the Libyan permanent mission to the UN. …

Some Council members stressed the need to respect international refugee law, as well as the protection of the rights of migrants and asylum seekers. The draft underscores that it is not intended to undermine the human rights of individuals or prevent them from seeking protection under international human rights law and international refugee law.

The resolution is expected to provide legal backing for the EU NAVFOR MED’s operation in the high seas (which was renamed Operation Sophia on 28 September). … Council negotiations over a draft resolution authorising such an operation earlier this year (April-May) were put on hold following difficulties getting consent from Libyan authorities to operate in the territorial waters of Libya and its shore. Following the humanitarian crisis in the Mediterranean this summer, EU Council members decided to narrow the scope of the resolution to vessels operating on the high seas off the coast of Libya. A subsequent phase of the deployment of the operation in the territorial waters and on the shore of Libya is likely to be contingent upon the formation of a government of national accord in Libya.”

Full text of What’s in Blue article here.

1 Comment

Filed under European Union, Frontex, Italy, Libya, Mediterranean, News, UN Security Council, United Nations

Tagged as , , , , , , , , , , , , , , ,

by | 11 Sep 2015 · 06:29

UN Security Council is Again Discussing Resolution to Authorise EU Use of Force Against Migrant Vessels

What’s in Blue and the New York Times report that “it appears that EU [Security] Council members are currently discussing with non-EU P5 members a draft resolution authorising EU NAVFOR Med to intercept boats used by human trafficking networks on the high seas of the Mediterranean.”

NY Times: The resolution “would authorize military action on a specific route on the high seas from the coast of Libya north to Italy. The proposal is a significant step down from what the European leaders originally wanted: the Council’s blessing to conduct military operations along the Libyan coast, on land and water, to seize and disrupt the smugglers. …  According to one Security Council diplomat, the resolution would allow for boats to be seized and for the people on board to be taken to Italy, where the authorities would determine who among them might be eligible for asylum because they were fleeing war or persecution….”

1 Comment

Filed under General

Tagged as , , , , , , , , , , , , , ,

by | 07 Sep 2015 · 05:17

HRVP Mogherini’s Summary of Informal Meeting of EU Foreign Ministers on Refugee Crisis: The meeting “was not an easy one…”

These are excerpts/highlights from comments made by HRVP Federica Mogherini at the conclusion of Saturday’s, 5 September, informal meeting of EU foreign ministers. The full text of her remarks is here.

  • The meeting  “was not an easy one…”
  • “[W]e need to start using the right words: [the crisis] is partially a migrant flow, but it is mainly a refugee flow, which puts us in a different situation when it comes to our legal and moral duties.”
  • “I hope – finally, finally – we all realise that these people are coming to Europe, not to one or another Member State. … Unfortunately, it took us some months to realise this, but maybe that awareness is finally there.”
  • “We are all facing a … dramatic event. I don’t say an emergency event, because this is not an emergency: it is an urgency we are facing, but it is not something that starts one day and finishes another day. It is here to stay and the sooner we accept it, politically and psychologically, the sooner we will be able to respond in an effective way and manage it in an effective way.”
  • “Now we agreed to strengthen our cooperation – not only within the European Union, but also with the Candidate Countries – on five different levels… Some of them have started already, some of them are going to be further defined … in particular with the package that the Commission is going to adopt in this coming week, with the decisions that the Ministers of Interior and Justice will be called to take within one week, ten days from now.”
  • “[W]e will have a Foreign Affairs Council, a European Council, which for the moment are planned for October…”
  • “[W]e agreed to strengthen cooperation on five different elements[:]
    • First of all, how to ensure better protection to those in need of protection: asylum seekers are entitled to the status of refugee.
    • Second, manage borders in full respect of our values, first of all respect for human rights.
    • Third, fighting against smugglers’ and traffickers’ networks. … And as I did with the Defence Ministers the day before yesterday, today I shared again with the Foreign Ministers my suggestion to transit to phase 2 of this operation, which would allow us to operate in high seas to fight the traffickers and smugglers. And I have found a large consensus about that need for the naval operation. Obviously, we will also need to increase the level of our actions against the traffickers organisations on the mainland, when it comes to the Western Balkans route.
    • Fourth, strengthening our partnership with third countries, mainly countries of origin and transit. Here, obviously, we are working on readmission and return agreements, but not only. We know very well that it is very important for our partners, especially in Africa and the Middle East, to work together with us on economic developments, opportunities for growth and jobs, especially for their young people. …
    • Fifth point, that is maybe the most important, even if it is the most long term plan – it is our common work on what we call the root causes. In this case, that has mainly two aims. One is Libya, when it comes to the Southern corridor. And here, we have re-expressed all our active support to the last phases… hopefully, the last phases of the UN-led negotiations to form a National Unity Government in Libya. … And [the other is] Syria…”

1 Comment

Filed under Aegean Sea, European Union, Mediterranean, News

Tagged as , , , , , , , , , , ,

by | 04 Jun 2015 · 05:57

Efforts to Secure Security Council Resolution on EU Migrant Plan “Paused”

From ANSA: “Preparation of a draft UN Security Council resolution to authorize a European mission against migrant traffickers in the Mediterranean ‘has been suspended until the issue of the consent of the Libyan authorities has been resolved,’ a diplomat of the UN Security Council told ANSA on Wednesday. … However, the same source said that ‘regarding implementation, cooperation is necessary from all parties in the country’; and the Libyan government [in Tobruk] can not give authorization because it does not control the whole territory.”

From Reuters: “A senior U.N. diplomat said drafting of the resolution had been ‘paused’ until it was ‘clear there will be Libyan consent’. … [A] senior U.N. diplomat said that legally a letter from a representative of the internationally-recognised Libyan government was needed to authorise the EU mission, but that to ensure successful implementation of the operation ‘cooperation with a wide variety of authorities’ would also be required.”

From Libya Herald: “[Libyan Foreign Minister Mohamed Dairi (Tobruk)] went on the record today [in Brussels] saying that while Libya was interested ‘in cooperation with Europe in order to address the growing terrorism inside the country as well as in order to address the problem of illegal immigration’, it would not approve any military operation.”

Leave a comment

Filed under European Union, Libya, Mediterranean, United Nations

Tagged as , , , , , , , , , , , , , ,

by | 03 Jun 2015 · 05:48

Libyan UN Ambassador to Oppose Security Council Resolution on EU Migrant Plan

AFP reports that Libyan UN Ambassador Ibrahim Dabbashi (representing the internationally recognised Tobruk government) will refuse to consent to a UNSC Resolution authorizing the EU to use military force against smugglers in Libya “as long as European governments were discussing the plan with Libyan militias that control coastal territory.” Dabbashi said that “[t]he position of Libya is clear: as long as the European Union and some other countries are not dealing with the legitimate government as the sole representative of the Libyan people, they will not get any consent on our part.” According to the AFP report, “Security Council diplomats privately said the European effort to present a resolution on the migrant crisis had hit a wall over Libya’s refusal to give its approval. European governments had instructed their diplomats mostly based in Tunis to reach out to various Libyan factions to try to get them onboard the plan before formally presenting the draft resolution at the Security Council.” According to the Security Council Report, “[f]or at least one permanent [Security Council] member the consent of the Tobruk/al-Bayda-based government seems to be indispensable for the adoption of the resolution.”

2 Comments

Filed under European Union, Libya, Mediterranean, United Nations

Tagged as , , , , , , , , , , , , ,

by | 02 Jun 2015 · 07:16

Security Council Negotiations Regarding EU Call for Use of Force Against Smugglers Ongoing; Russia Warns Against Repeating “Abuse” of 2011 UNSC Resolution

The Security Council Report reports that “[t]he negotiations on the EU draft aimed at tackling the smuggling of migrants on the Mediterranean were still ongoing at press time between some Council members and the Libyan authorities. (For at least one permanent member the consent of the Tobruk/al-Bayda-based government seems to be indispensable for the adoption of the resolution.) In the past, it has been difficult to get agreement on resolutions authorising the interception of vessels, whether in the context of the implementation of sanctions or counter-piracy measures. Some Council members feel strongly about not contravening the principle of freedom of navigation codified in the UN Convention on the Law of the Sea. As such, they have tended to focus their discussions in the past on such issues as the procedures to authorise interdiction, whether the consent of the flag state is required and the maritime zones where the interdiction is authorised to happen. In the informal interactive dialogue with Mogherini, some Council members inquired about the potential impact that requesting consent from Libya could have on the political process. The UK is the penholder on Libya.”

Reuters and Interfax reported that Russian Foreign Minister Sergey Lavrov said any resolution would have to describe “in the most minute detail the mandate of [an EU military] mission under [UN Charter] Chapter 7.” “‘The mandate of such an operation will have to be spelled out to the last detail because we do not want the ambiguity, which became a source of flagrant violations of the known resolution on Libya adopted in 2011, to repeat itself.’ … Lavrov said discussions in the Security Council on the new resolution against human traffickers were on hold as the EU was in talks with the internationally-recognized Libyan authorities sitting in Tobruk to work out necessary details. ‘As we have been told, European Union representatives are holding consultations with the lawful Libyan authorities recognized by the UN, these are the authorities seated in Tobruk, where the Chamber of Deputies and the government are operating’.”

1 Comment

Filed under European Union, Libya, Mediterranean, News, United Nations

Tagged as , , , , , , , , , , , , ,

by | 26 May 2015 · 06:23

WikiLeaks Releases Classified Documents Describing EU Plans For Military Strikes Against Libyan Migrant Smugglers

WikiLeaks has released two documents which describe the EU plans for possible military attacks on boats used by migrant smugglers in Libya:

Document 1: “Military Advice on the “Draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean””(also here)

Document 2: “PMG Recommendations on the draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean” (also here)

WikiLeaks Press Statement:

“EU plan for military intervention against ‘refugee boats’ in Libya and the Mediterranean

Today, WikiLeaks is releasing two classified EU documents, outlining the planned military intervention against boats travelling from Libya to Italy. The more significant of the two documents was written by the combined military defence chiefs of the EU member states. The plan was formally approved by representatives from all 28 countries on 18 May 2015.

Importantly, one of the documents acknowledges that ‘the political End State [of the military intervention] is not clearly defined’ and recommends that the European Commission issue further guidance.

The documents lay out a military operation against cross-Mediterranean refugee transport networks and infrastructure. It details plans to conduct military operations to destroy boats used for transporting migrants and refugees in Libyan territory, thereby preventing them from reaching Europe. The EU member states’ military chiefs advice is that there is a need to:

‘[draw] on the full range of surveillance, intelligence and information capabilities available to MS [member states] and Partners, and supported by Brussels (inter alia EEAS [European External Action Service] Single Intelligence Analysis Capacity – SIAC)’.

The plan also acknowledges the possibility of EU military use of force against groups such as ISIL ‘within the Libyan sovereign area’:

‘the threat to the force should be acknowledged, especially during activities such as boarding and when operating on land or in proximity to an unsecured coastline, or during interaction with non-seaworthy vessels. The potential presence of hostile forces, extremists or terrorists such as Da’esh [ISIL] should also be taken into consideration’.

The documents mark a departure from previous EU military strategy in its overt targeting of civilian infrastructure in Libya. Numerous EU countries, including Belgium, Bulgaria, Denmark, France, Greece, Italy, the Netherlands, Romania, Spain, Sweden and the United Kingdom participated in NATO-led air strikes on Libya in 2011.

Human rights organisations have called on the EU not to put the lives of refugees and migrants at risk. The plan acknowledges that the EU risks negative publicity ‘should loss of life be attributed, correctly or incorrectly, to action or inaction by the EU force’. To manage this reputational risk, the documents recommend ‘an EU information strategy from the outset’ in order to ‘facilitate expectation management’. They also acknowledge the ‘need to calibrate military activity’ particularly within Libyan waters or ashore ‘in order to avoid destabilising the political process by causing collateral damage, disrupting legitimate economic activity or creating a perception of having chosen sides’.

Boats transporting people from Libya are the main means for refugees fleeing conflict in Syria, Eritrea, Afghanistan and the Horn of Africa to reach safety in Europe. Since the destruction of the Libyan government in 2011 there has been a sharp increase in the numbers of refugees travelling to Europe from Libya. In 2014 more than 170,000 people are estimated to have crossed the Mediterranean from Libya. In 2014, this made up 60 per cent of the entire irregular migration into the EU.”

WikiLeaks description of Document 1 -“Military Advice on the “Draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean”” (also here):

“Classified EU plan, approved by EU member states defence chiefs, for a year long (at least) military operation against Mediterranean refugee transport networks and infrastructure, including the destruction of docked boats and operations within Libya’s territorial boundaries. The document is significant. It sets out the intent of EU defence chiefs: the EU will deploy military force against civilian infrastructure in Libya to stop refugee flows. Given the previous attacks on Libya by several EU NATO members and Libya’s proven oil reserves, the plan may lead to other military involvement in Libya. Formally, the document is approved Military Advice from the European Union Military Committee (EUMC) to the Political and Security Committee (PSC) on a “Draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean”.

WikiLeaks description of Document 2 – “PMG Recommendations on the draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean” (also here):

“This is the document of recommendations from the Politico-Military Group (PMG) and Committee for Civilian Aspects of Crisis Management (CIVCOM), who work with the support of the General Secretariat of the Council in the Council of the European Union, to the Political and Security Committee (PSC) on the “Draft Crisis Management Concept for a possible CSDP operation to disrupt human smuggling networks in the Southern Central Mediterranean”. On 5th May 2015 the PSC discussed a possible EU military CSPD operation to disrupt human trafficking networks in the Southern Central Mediterranean region, including seizure or destruction of shipping vessels, based on a Crisis Management Concept (CMC).”

2 Comments

Filed under European Union, Mediterranean, News

Tagged as , , , , , , , , , , , , , , , , , , , , , , , , , ,

by | 20 May 2015 · 06:32

20 May – Informal Meeting between Members of UN Security Council and EU Political and Security Committee

From “What’s In Blue”: On 20 May, “members of the Security Council will hold an informal meeting with members of the EU Political and Security Committee (PSC). Since this is an informal meeting, it will not be held in the Security Council chamber and is not on the official programme of work of the Council. The meeting was requested by the EU and will be hosted by Lithuania, the current president of the Council, at the premises of the EU Delegation to the UN. The mutually agreed agenda for the meeting includes EU-UN peacekeeping cooperation in Africa, Libya and Ukraine.”

Among the topics that will be discussed is the proposed EU military operation in Libya:

“Libya/Migrant Smuggling – On this … issue, Council members are also expected to discuss with the members of the EU PSC the details of the EU military operation (EU NAVFOR Med) the EU decided to establish on 18 May to break the business model of the smuggling of migrants. Briefing the Council on 11 May, Mogherini presented proposals for the EU strategy to tackle the flow of migrants towards Europe. As part of this strategy, Mogherini discussed the plans for an EU military operation that would be authorised under Chapter VII to inspect, seize and dispose of vessels when there are grounds to believe that they are participating in the smuggling of migrants. Negotiations are ongoing among EU members of the Council (France, Lithuania, Spain and the UK) and China, Russia and the US on a draft resolution to authorise the EU operation. Council members are likely to be interested in the details that the EU PSC ambassadors can provide on this proposed operation, and what they are seeking from the Council, including on the appropriateness of this response to tackle this phenomenon, the protections foreseen in accordance with international refugee law, the issues associated with consent from the Libyan authorities, the geographical scope of the resolution, and consent by the flag states regarding interdictions.”

Leave a comment

Filed under European Union, Libya, Mediterranean, News, United Nations

Tagged as , , , , , , , , , , ,

by | 18 May 2015 · 14:40

Statewatch Analysis: The EU’s Planned War on Smugglers

Statewatch has issued an Analysis, “The EU’s Planned War on Smugglers,” written by Steve Peers, Professor of EU Law, University of Essex:

“The EU’s Foreign Affairs Council is meeting today to discuss the possibility of a military operation in the Mediterranean to take actions against smuggling of migrants. Officially, at least, the purpose of the operation (as defined by EU leaders last month) is to destroy smugglers’ boats. The EU’s High Representative has stated that there will be ‘no boots on the ground’; and as she arrived at the Council meeting today, she referred to authorising an ‘EU operation at sea’. However, it is clear from the documents discussed in the EU’s Political and Security Committee last week that (unless plans have changed radically in the meantime) the High Representative is being “economical with the truth”. The EU action clearly contemplates action by ground forces. Moreover, it anticipates the possible loss of life not only of smugglers but also of Member States’ forces and refugees. In effect, the EU is planning to declare war on migrant smugglers – without thinking through the consequences. [***]”

1 Comment

Filed under Analysis, European Union, Frontex, Libya, Mediterranean

Tagged as , , , , , , , , , , , , , ,

by | 18 May 2015 · 06:50

EU Foreign Affairs Council Meets 18 May – Will Discuss Destruction of Smuggler Boats

From the European Council web site: “In a joint session, foreign and defence ministers will take stock of action to tackle migration issues. They will also discuss efforts to capture and destroy the vessels of human traffickers before they are used. In addition, ministers will debate the strategic review, an ongoing analysis of the EU’s security environment, and discuss security challenges in the EU’s neighbourhood. They will also prepare the security and defence part of the June European Council.”

Foreign Affairs Council background Brief here.
Politico EU article here.

1 Comment

Filed under European Union, Mediterranean, News

Tagged as , , , , , , , , , , ,

by | 13 May 2015 · 06:09

Russia May Agree to Security Council Resolution Authorising “Seizing and Arresting” Smuggler Boats and Assets – Security Council Vote Could Happen at Any Time

Politico EU reports that “Russia’s Ambassador to the EU, Vladimir Chizhov, told POLITICO the ‘EU’s proposals of destroying vessels would definitely go too far for Russia,’ but did not oppose the other key element of [HRVP Federica] Mogherini’s proposal. ‘In our opinion, seizing and arresting vessels and assets of smugglers would be an adequate measure to undermine their illegal “business model” in Libya,’ he said. Chizhov confirmed that ‘Russia is ready to work with the EU and its member states with the aim of solving the migration crisis in the Mediterranean, including on a possible UNSC resolution.’”

Politico EU suggests that “Mogherini or other EU officials may carefully shift emphasis from the boat destruction plan to the interruption of the trafficker networks” and reports that “[a] vote on a UN resolution could happen anytime in coming weeks — even before next Monday would be possible…”

See full article here.

PS – Of interest to anyone following the EU, check out Politico EU’s Brussels Playbook – a daily early morning summary of EU news and events in Brussels.

Leave a comment

Filed under European Union, Mediterranean, News, United Nations

Tagged as , , , , , , , , , , , , , , , ,

by | 11 May 2015 · 06:14

UN Security Council, 11 May, Briefing and Informal Interactive Dialogue on the Smuggling of Migrants in the Mediterranean

Full text from “What’s in Blue” (published by Security Council Report):

“On Monday (11 May) the [Security] Council will receive a briefing by Federica Mogherini, the EU High Representative for Foreign Affairs and Security Policy, on the EU response to the smuggling of migrants in the Mediterranean Sea. After the briefing, Council members are expected to hold an informal interactive dialogue with her. At the request of Chad, the permanent observer of the AU to the UN, Ambassador Tete António, will also participate in these meetings.

This briefing comes after the 19 April incident in which more than 700 migrants drowned when the overcrowded boat on which they were traveling sank near Libya. According to the [International] Organization for Migration, more than 1,700 migrants have drowned since the beginning of January in the Mediterranean Sea. In a 21 April press statement, Council members expressed grave concern at the smuggling of migrants off the coast of Libya, highlighting the implications for regional stability. On 22 April, at the request of the UK, Council members exchanged views on this issue under ‘any other business”’

Mogherini is expected to brief Council members on the integrated strategy by the EU to address the smuggling of migrants in the Mediterranean Sea. The strategy includes the provision of bilateral development assistance to countries on the southern and eastern Mediterranean basin—as well as to countries of origin and transit—while tripling the financial resources available to operations Triton and Poseidon, currently existing in the territorial waters of EU member states. In a 20 April joint meeting of EU foreign and interior Ministers, chaired by Mogherini, the Home Affairs and Citizenship Commissioner Dimitris Avramopoulos of Greece presented a plan to respond to migrant smuggling in the Mediterranean, which would entail a systematic effort to capture and destroy vessels used by the smugglers, inspired by the EU Atalanta Operation deployed to fight against piracy off the coast of Somalia. The plan was endorsed in a 23 April meeting of the EU Council, and negotiations are ongoing at the EU to agree on the Crisis Management Concept, which is the basis for operational planning and conduct of any EU mission.

Since that meeting, discussions among EU members of the Council (France, Lithuania, Spain, and the UK) and Italy on a draft resolution apparently authorising such an operation have been ongoing. It seems some permanent members have been able to provide inputs. It appears the idea is for a Chapter VII resolution that will authorise an EU operation to use all necessary measures to inspect, seize and dispose of vessels when there are grounds to believe that they are participating in the smuggling of migrants. The draft may be circulated to the wider membership of the Council in the coming days.

Although most Council members have not seen the draft text, they are aware of some of its elements and are expected to seek information that might feed into any negotiations of the draft. Council members are likely to want to know more about the expected geographical scope of the resolution (whether this includes the high seas, the territorial waters of Libya or even its shore) and whether the EU is seeking Libya’s consent. In this context, Council members might inquire about Mogherini’s recent conversations in Tunisia with Libyan political actors, and the potential impact of such an operation on the political process. Some Council members might be worried that asking for the consent of the Tobruk-based government could negatively impact the talks, which are aimed at the formation of a government of national unity.

Some Council members may echo concerns regarding the protection of human rights and international refugee law that have been raised by the Secretary-General as well as the UN High Commissioners for Human Rights and Refugees. In particular, they might ask about the fate of the migrants taken into custody, and note the importance of respecting the guarantees of international law, notably the 1951 Refugee Convention and the principle of non-refoulement. When the programme of work was adopted, a briefing by the High Commissioner for Refugees, along with the head of the UN Office on Drugs and Crime, was being considered for some point in May. Some Council members may have expected these briefings to happen before engaging in discussions about the regional responses to the smuggling of migrants; however, at press time, it was unclear if and when they will be held.

In the past, it has been difficult to get agreement on resolutions authorising the interception of vessels, whether in the context of the implementation of sanctions or counter-piracy measures. Some Council members feel strongly about not contravening the freedom of navigation principle codified in the UN Convention on the Law of the Sea. As such, they have tended to focus their discussions in the past on issues such as the procedures to authorise the interdiction, whether the consent of the flag state is required, and where the interdiction is authorised to happen.”

3 Comments

Filed under African Union, European Union, Frontex, Libya, Mediterranean, News, United Nations

Tagged as , , , , , , , , , , , , , , , , , ,