Tag Archives: Frontex

by | 22 Sep 2011 · 04:09

HRW Report: Frontex Exposes Migrants to Abusive Conditions in Greece

Human Rights Watch yesterday issued a report entitled “The EU’s Dirty Hands: Frontex Involvement in Ill-Treatment of Migrant Detainees in Greece” which “assesses Frontex’s role in and responsibility for exposing migrants to inhuman and degrading detention conditions during four months beginning late in 2010 when its first rapid border intervention team (RABIT) was apprehending migrants and taking them to police stations and migrant detention centers in Greece’s Evros region. … ‘Frontex has become a partner in exposing migrants to treatment that it knows is absolutely prohibited under human rights law,’ said Bill Frelick, Refugee Program director at Human Rights Watch. ‘To end this complicity in inhuman treatment, the EU needs to tighten the rules for Frontex operations and make sure that Frontex is held to account if it breaks the rules in Greece or anywhere else.’ … ‘It’s a disturbing contradiction that at the same time that the European Court of Human Rights was categorically ruling that sending migrants to detention in Greece violated their fundamental rights, Frontex, an EU executive agency, and border guards from EU states were knowingly sending them there,’ Frelick said. … ‘As new migration crises emerge in the Mediterranean basin and as Frontex’s responsibilities expand, there is an urgent need to shift EU asylum and migration policy from enforcement-first to protection-first.’ Frelick said. ‘This is not only legally required, but the EU, its agencies, and member states can and should respect and meet the EU’s own standards.’”

As the HRW report notes, the humanitarian crisis on the Greece-Turkey land border was many years in the making, but among the contributing factors to the increased flow of migrants seeking to enter the EU at this location, which by November 2010 accounted for 90% of the detected illegal crossings at EU borders, were the enhanced migration control measures in the Central Mediterranean and West Africa, specifically the bi-lateral push-back practice being implemented at the time by Italy and Libya and Spain’s bi-lateral agreements with West African countries.  Increased sea patrols along Greece’s maritime borders also contributed to the shifting of the flow to the land border.

Frontex issued a statement (or click here) responding to the HRW report in which it welcomed the report and said it was “satisfied to note that its comments on the original draft were taken on board. The report now highlights an issue, which we agree, is of great importance. We would like to recall that Frontex fully respects and strives for promoting Fundamental Rights in its border control operations which, however, do not include organisation of, and responsibility for, detention on the territory of the Member States, which remains their exclusive remit. … Frontex was receiving signals of concern from national officers deployed to the region. The Agency has been extremely concerned with the conditions at the detention centres – a point which we raised on several occasions both with the Greek authorities and with the European Commission. Nevertheless, we continue to stress that at the practical level abandoning emergency support operations such as RABIT 2011 is neither responsible, nor does it do anything to help the situation of irregular migrants on the ground….”

Here is Cecilia Malmström’s comment from her blog on the HRW report (translated from Swedish by Google translate):

“I also had a long meeting [on 21 September] with Human Rights Watch who has published a highly critical report on the asylum system in Greece . They argue that the EU agency Frontex, by its presence legitimizes the poor conditions at the border of Greece. We are well aware of the totally unacceptable situation at the reception centres in Greece and I am very frustrated that the situation is so slow to improve, especially in Evros. But probably the situation would have been even worse if Frontex had not been in place. We continue to put pressure on Greece and the new regulatory framework for Frontex, which I have proposed and was adopted by Parliament last week to strengthen its work on human rights significantly. The report will also be discussed in the FRONTEX Agency board meeting next week.”   (“Jag hade också ett långt möte med Human Rights Watch som har publicerat en mycket kritisk rapport om asylsystemet i Grekland . De menar att EU-organet Frontex genom sin närvaro legitimerar de usla förhållandena vid gränsen i Grekland. Vi är väl medvetna om den helt oacceptabla situationen vid mottagningscentren i Grekland och jag är väldigt frustrerad över att det går så långsamt att förbättra situationen särskilt i Evros. Men troligen hade situationen varit ännu värre om inte Frontex hade varit på plats. Vi fortsätter att sätta press på Grekland och i det nya regelverk för Frontex som jag har föreslagit och som Europaparlamentet antog förra veckan stärks arbetet med mänskliga rättigheter väsentligt. Rapporten skall också diskuteras på Frontex styrelsemöte nästa vecka.”)

Excerpts from the HRW Report:

“Key Recommendations

To the European Commission, the European Parliament and the European Council

  • Amend the Frontex Regulation to make explicit, and thereby reinforce, the obligation not to expose migrants and asylum seekers to inhuman and degrading detention conditions.
  • Amend proposed Frontex Regulation Art. 26a to empower the Fundamental Rights Officer to refer Frontex to the Commission for investigation and where appropriate infringement proceedings in the event that the Frontex executive director fails to suspend operations despite persistent and serious violations of the Charter and/or in the event that members states and their agents persistently violate the Charter during Frontex operations.

To Participating European States 

  • Suspend any participation in Frontex operations that fail to adhere to binding international human rights standards.
  • Instruct border guards deployed on Frontex missions on their obligations under international law. Ensure that border guards are trained and conversant regarding all rules and standards pertaining to the transfer and treatment of detainees.

To the Frontex Management Board

  • Suspend the deployment of EU border guards to Greece unless migrant detainees can be transferred to facilities elsewhere in Greece (or outside of Greece) that meet EU and international standards or until the conditions of detention in the Evros region where migrants are currently detained are improved and no longer violate European and international standards.
  • Intervene with Greek officials and monitor compliance to ensure that migrants apprehended by guest guards are transferred to detention facilities that comply with European and international standards.
  • Conduct thorough assessments of the risk that human rights violations may occur before engaging in joint operations or deploying RABIT forces.

To Greece

  • Implement the recently adopted asylum reform package as fully and as quickly as possible.
  • Ensure access to asylum procedures at the border and in the border region.
  • Reduce overcrowding by using alternative facilities and alternatives to detention as much as possible.
  • Immediately improve detention conditions, and immediately create open reception centers for asylum seekers and members of vulnerable groups, such as children.”

Click here for HRW Report.

Click here for HRW Press Release.

Click here or here for Frontex response.

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

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by | 08 Sep 2011 · 05:18

PACE Rapporteur Conducts Interviews in Italy Regarding Mediterranean Migrant Deaths

Tineke Strik (Netherlands, SOC) concluded a two day fact-finding trip to Italy on 7 September as Rapporteur for the PACE Migration Committee.  She is investigating the deaths of boat people who have died in the Mediterranean since January 2011.  Strik interviewed Father Moses Zerai, an Eritrean priest, who was in satellite phone contact with several migrant boats during their voyages from Libya, including the disabled migrant boat that drifted for days in March-April this year and on which 61 persons are believed to have died.  In addition to Zerai, Strik interviewed three of the nine survivors from the boat, Italian Coastguard officials, and NGO and UNHCR staff.  Strik “is planning interviews with officials from Nato and the Maltese government, which the Italian coastguard says was alerted to the boat’s plight.”

From the PACE press statement: “‘There is an obligation to help all people in distress.  If anyone did not live up to this responsibility and deliberately did not assist them, they must not be allowed to get away with it. … The testimonies of witnesses directly involved in this incident are coherent, but we have to continue to collect more data and information on who was when and where in the area,’ Mrs Strik reported.  ‘My mission is to try to find out what went wrong, and if there was perhaps a gap in responsibility-sharing. The recommendation which will be contained in my report is aimed at establishing responsibilities and trying to determine how to deal with such incidents in the future. We have to draw the right lessons to prevent similar situations from occurring again.  … At the end of my inquiry, I expect national jurisdictions, governments and parliaments to carry on the investigations and I very much hope that the dynamic of truth … will pave the way,’ she concluded.”

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

Click here for PACE press statement.

Click here for previous post.

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by | 03 Sep 2011 · 05:11

PACE Rapporteur to Begin Fact-Finding Mission to Italy to Investigate Mediterranean Migrant Deaths

Tineke Strik (Netherlands, SOC) will begin a two day fact-finding trip to Italy on 6 September as Rapporteur for the PACE Migration Committee (Parliamentary Assembly of the Council of Europe).  She is investigating the deaths of boat people who have died in the Mediterranean since January 2011.

From the PACE press statement of 2 September:  “Meetings are scheduled with survivors of a shipwreck, officers of Italian coastguard units, representatives of NGOs active in the field and representatives of the Office of the United Nations High Commissioner for Refugees.  During her visit the rapporteur will in particular look into the way boats are intercepted – or not intercepted – by national coastguard forces, or by military vessels under either NATO or national command.  Further to reports that migrants and refugees have perished after their distress calls were ignored, the PACE Committee on Migration, Refugees and Population appointed Ms Strik in June to conduct an inquiry into these matters.”

From the PACE press statement issued in June 2011: “‘There have been allegations that migrants and refugees are dying after their appeals for rescue have been ignored,’ said Mrs Strik. ‘Such a grave allegation must be urgently investigated.  I intend to look into the manner in which these boats are intercepted – or not – by the different national coastguards, the EU’s border agency FRONTEX, or even military vessels. I also intend to speak to witnesses directly involved in reported incidents, and put questions to national authorities, the UNHCR, FRONTEX and NATO, among others.’  On 8 May, the Guardian newspaper reported that 61 boat people escaping from Libya had died after their appeals for rescue had been ignored by armed forces operating in the Mediterranean. The following day PACE President Mevlüt Çavusoglu called for ‘an immediate and comprehensive enquiry’ into the incident.”

Presumably Ms. Strik’s investigation will also seek information from Maltese authorities.  The Maltese Rescue Coordination Centre run by the Armed Forces of Malta is in possession of relevant information pertaining to incidents within the Maltese Search and Rescue Area where many (perhaps most?) of the migrant deaths have occurred.

Click here and here for COE press statements.

Click here for link to COE’s web page regarding “PACE’s Response to Migrants and refugees arriving from North Africa.”

Click here and here for my previous posts on the topic.

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by | 15 Aug 2011 · 05:58

Fortress Europe Calculates 1,931 Deaths in the Mediterranean During First 7 Months of 2011

According to calculations made by Fortress Europe, 2011 is the deadliest year in the Mediterranean since at least 1994.  1,931 people have died during the first seven months of 2011.  This number is higher than the total number of deaths in all of 2008, the year with the previous highest death toll of 1,274.  Fortress Europe estimates that 1,674 (87%) of the 1,931 deaths have occurred in the Sicilian Channel and that most of the deaths in the Sicilian Channel have involved migrants travelling from Libya towards Europe.

Click here for Fortress Europe post.  (IT)

Click here for Clandestina blog post.  (EN)

From Fortress Europe:

Vittime del Canale di Sicilia dal 2002 ai primi 7 mesi del 2011
Anno 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Morti 236 413 206 437 302 556 1274 425 20 1674

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by | 20 Jul 2011 · 05:56

Call for a Humanitarian Flotilla to Stop Deaths in the Mediterranean

A coalition of migrants’ rights organisations, including Migeurop, Cimade, Gisti, FIDH, and others hope to organise a humanitarian “flotilla which will undertake maritime surveillance so that assistance is finally provided to people in danger. The participatory organisations call on European bodies and governments on both sides of the Mediterranean to establish relations within this common area on the basis of exchange and reciprocity. This flotilla will embark political figures, journalists, artists, and representatives of the organisations involved in the project.  Any organisation, trade-union, political representative, seafarer, journalist, artist or other individual interested in this initiative may join this mailing list : « Mediterranean Intervention ».” To subscribe to the mailing list, please send an email to migreurop07@yahoo.it.

Click here for full Migreurop statement.

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by | 06 Jul 2011 · 05:44

Head of Armed Forces of Malta Describes Malta’s Interpretation of Its SAR Responsibilities

Brigadier Martin Xuereb, the head of the Armed Forces of Malta (AFM), spoke at a recent seminar sponsored by the European Parliament, “Europe’s new Mediterranean reality: Migration and asylum in Malta, Greece and Cyprus,” and summarised Malta’s interpretation of its search and rescue obligations.  Xuereb said that Malta is obligated to coordinate search and rescue operations within its SAR zone, but is not required to perform all rescue operations.

Xuereb said Malta believes rescued persons should be disembarked at the nearest place of safety which, given the size and location of the Maltese SAR, will sometimes mean that Italian territory, particularly Lampedusa, is closer.  Xuereb acknowledged that this interpretation is not shared by others.  Xuereb “said that Malta had consistently insisted that the arrangement that best represented the interests of rescued persons was one that saw them disembarked in the nearest place of safety.”  He said the Maltese Rescue Coordination Centre (RCC) has coordinated or assisted with 54 SAR cases so far this year.

Xuereb also confirmed that Malta would continue its refusal to host Frontex joint operations because of its objections to Frontex guidelines which are based “on a number of grounds, including the fact that [the guidelines] addressed matters deemed to be outside community competence and attempted to erode the rights that Malta enjoyed under the international legal framework. … In light of these guidelines, Malta considered the hosting of [Frontex] joint operations to be detrimental to its national interest.”  Malta objects to the guidelines because it believes they would require rescued migrants to be disembarked in the country hosting the joint operation.

Click here and here for articles.

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by | 23 Jun 2011 · 20:25

PACE Appoints Tineke Strik as Rapporteur to Investigate Mediterranean Sea Deaths

The Migration Committee of the Parliamentary Assembly of the Council of Europe has appointed Tineke Strik (Netherlands, SOC) to prepare a report on the deaths of boat people who have died in the Mediterranean since January 2011.

From the PACE press statement: “‘There have been allegations that migrants and refugees are dying after their appeals for rescue have been ignored,’ said Mrs Strik. ‘Such a grave allegation must be urgently investigated.  I intend to look into the manner in which these boats are intercepted – or not – by the different national coastguards, the EU’s border agency FRONTEX, or even military vessels. I also intend to speak to witnesses directly involved in reported incidents, and put questions to national authorities, the UNHCR, FRONTEX and NATO, among others.’  On 8 May, the Guardian newspaper reported that 61 boat people escaping from Libya had died after their appeals for rescue had been ignored by armed forces operating in the Mediterranean. The following day PACE President Mevlüt Çavusoglu called for ‘an immediate and comprehensive enquiry’ into the incident.”

Click here for PACE press statement.

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by | 23 Jun 2011 · 19:31

PACE Adopts Resolution and Recommendation Regarding the Interception and Rescue at Sea of Asylum Seekers, Refugees and Irregular Migrants

On 21 June 2011, PACE adopted Resolution 1821 and Recommendation 1974 both relating to “the interception and rescue at sea of asylum seekers, refugees and irregular migrants.” 

Here are extensive excerpts:

Provisional edition – The interception and rescue at sea of asylum seekers, refugees and irregular migrants – Resolution 1821 (2011)1

“1.       The surveillance of Europe’s southern borders has become a regional priority. The European continent is having to cope with the relatively large-scale arrival of migratory flows by boat from Africa, reaching Europe mainly through Italy, Malta, Spain, Greece and Cyprus.

[***]

5.       The Assembly notes that measures to manage these maritime arrivals raise numerous problems, of which five are particularly worrying:

5.1.       Despite several relevant international instruments satisfactorily setting out the rights and obligations of states and individuals applicable in this area, interpretations of their content appear to differ. Some states do not agree on the nature and extent of their responsibilities in specific situations and some states also call into question the application of the principle of non-refoulement on the high seas;

5.2.       While the absolute priority in the event of interception at sea is the swift disembarkation of those rescued to a “place of safety”, the notion of “place of safety” does not appear to be interpreted in the same way by all member states. Yet it is clear that the notion of “place of safety” should not be restricted solely to the physical protection of people, but necessarily also entails respect for their fundamental rights;

5.3.       Divergences of this kind directly endanger the lives of the persons to be rescued, in particular by delaying or preventing rescue measures, and are likely to dissuade seafarers from rescuing people in distress at sea. Furthermore, they could result in a violation of the principle of non-refoulement in respect of a number of persons, including some in need of international protection;

5.4.       Although the European Agency for the Management of Operational Cooperation at the External Borders of the Member states of the European Union (Frontex) plays an ever increasing role in interception at sea, the guarantees of respect for human rights and obligations arising under international and European Union law in the context of the joint operations it co-ordinates are inadequate;

5.5.       Finally, these sea arrivals place a disproportionate burden on the states located on the southern borders of the European Union. The goal of responsibilities being shared more fairly and greater solidarity in the migration sphere between European states is far from being attained.

6.       The situation is rendered more complex by the fact that these migratory flows are of a mixed nature and therefore call for specialised and tailored protection-sensitive responses in keeping with the status of those rescued. To respond to sea arrivals adequately and in line with the relevant international standards, the states must take account of this aspect in their migration management policies and activities.

[***]

8.       Finally and above all, the Assembly reminds the member states that they have both a moral and legal obligation to save persons in distress at sea without the slightest delay, and unequivocally reiterates the interpretation given by the Office of the United Nations High Commissioner for Refugees (UNHCR), which states that the principle of non-refoulement is equally applicable on the high seas. The high seas are not an area where states are exempt from their legal obligations, including those emerging from international human rights law and international refugee law.

9.       Accordingly, the Assembly calls on the member states, when conducting maritime border surveillance operations, whether in the context of preventing smuggling and trafficking in human beings or in connection with border management, be it in the exercise of de jure or de facto jurisdiction, to:

9.1.       fulfil without exception and without delay their obligation to save people in distress at sea;

9.2.       ensure that their border management policies and activities, including interception measures, recognise the mixed make-up of flows of individuals attempting to cross maritime borders;

9.3.       guarantee for all intercepted persons humane treatment and systematic respect for their human rights, including the principle of non-refoulement, regardless of whether interception measures are implemented within their own territorial waters, those of another state on the basis of an ad hoc bilateral agreement, or on the high seas;

9.4.       refrain from any practices that might be tantamount to direct or indirect refoulement, including on the high seas, in keeping with the UNHCR’s interpretation of the extraterritorial application of that principle and with the relevant judgements of the European Court of Human Rights;

9.5.       carry out as a priority action the swift disembarkation of rescued persons to a “place of safety” and interpret a “place of safety” as meaning a place which can meet the immediate needs of those disembarked and in no way jeopardises their fundamental rights, since the notion of “safety” extends beyond mere protection from physical danger and must also take into account the fundamental rights dimension of the proposed place of disembarkation;

9.6.       guarantee access to a fair and effective asylum procedure for those intercepted who are in need of international protection;

9.7.       guarantee access to protection and assistance, including to asylum procedures, for those intercepted who are victims of human trafficking or at risk of being trafficked;

9.8.       ensure that the placement in a detention facility of those intercepted – always excluding minors and vulnerable categories –, regardless of their status, is authorised by the judicial authorities and occurs only where necessary and on grounds prescribed by law, that there is no other suitable alternative and that such placement conforms to the minimum standards and principles set forth in Assembly Resolution 1707 (2010) on the detention of asylum seekers and irregular migrants in Europe;

9.9.       suspend any bilateral agreements they may have concluded with third states if the human rights of those intercepted are not appropriately guaranteed therein, particularly the right of access to an asylum procedure, and wherever these might be tantamount to a violation of the principle of non-refoulement, and conclude new bilateral agreements specifically containing such human rights guarantees and measures for their regular and effective monitoring;

9.10.       sign and ratify, if they have not already done so, the aforementioned relevant international instruments and take account of the Guidelines of the International Maritime Organisation (IMO) on the Treatment of Persons rescued at Sea;

9.11.       sign and ratify, if they have not already done so, the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197) and the so-called “Palermo Protocols” to the United Nations Convention against Transnational Organized Crime (2000);

9.12.       ensure that maritime border surveillance operations and border control measures do not affect the specific protection afforded under international law to vulnerable categories such as refugees, stateless persons, women and unaccompanied children, migrants, victims of trafficking or at risk of being trafficked, or victims of torture and trauma.

10.       The Assembly is concerned about the lack of clarity regarding the respective responsibilities of European Union states and Frontex and the absence of adequate guarantees for the respect of fundamental rights and international standards in the framework of joint operations co-ordinated by that agency. While the Assembly welcomes the proposals presented by the European Commission to amend the rules governing that agency, with a view to strengthening guarantees of full respect for fundamental rights, it considers them inadequate and would like the European Parliament to be entrusted with the democratic supervision of the agency’s activities, particularly where respect for fundamental rights is concerned.

[***]”

Provisional edition – The interception and rescue at sea of asylum seekers, refugees and irregular migrants – Recommendation 1974 (2011)1

“[***]

4.       [***] the Assembly reminds the Committee of Ministers of its dual responsibility: to support those member states that are in need, but also to make sure that all human rights obligations are complied with in the context of the interception and rescue at sea of asylum seekers, refugees and irregular migrants, including by guaranteeing to those intercepted access to a fair and efficient asylum procedure.

5.       The Assembly therefore calls on the Committee of Ministers to:

5.1.       include in the training material all necessary elements to enable the trained persons to proceed to a screening assessment of the international protection needs of intercepted persons and to ensure that staff involved in the operations of the European Agency for the Management of Operational Cooperation at the External Borders of the Member states of the European Union (Frontex) are trained accordingly;

5.2.       define, in close co-operation with the Office of the United Nations High Commissioner for Refugees (UNHCR), guidelines and standard operating procedures, when interception and rescue at sea takes place, determining minimum administrative procedures to guarantee that those persons with international protection needs are identified and provided with the appropriate protection;

5.3.       continue monitoring the situation of large-scale arrivals of irregular migrants and asylum seekers, and in particular the issue of interception and rescue at sea, including by holding extraordinary meetings on the situation, where appropriate, and use the good offices of the UNHCR with its representative at the Council of Europe, where relevant.”

Click here for full text of Resolution 1821 (2011).

Click here for full text of Recommendation 1974 (2011).

Click here  for speech by Tineke Strik (Netherlands, SOC) presenting the Resolution. (Scroll down page for the English text of speech.)

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by | 14 Jun 2011 · 04:12

Moreno-Lax, Int J Refugee Law, “Seeking Asylum in the Mediterranean: Against a Fragmentary Reading of EU Member States’ Obligations Accruing at Sea”

The latest edition of the International Journal of Refugee Law, contains an article by Violeta Moreno-Lax (PhD Candidate at Université catholique de Louvain; Visiting Fellow 2010-11 at Refugee Studies Centre, University of Oxford) entitled “Seeking Asylum in the Mediterranean: Against a Fragmentary Reading of EU Member States’ Obligations Accruing at Sea.”

Abstract: “Although both international and EU law impose a number of obligations on the EU Member States with regard to persons in distress at sea, their effective implementation is limited by the manner in which they are being interpreted. The fact that the persons concerned are migrants, who may seek asylum upon rescue, has given rise to frequent disputes and to episodes of non-compliance. Frontex missions and the Italian 2009 push-back campaign illustrate the issue. With the objective of clarifying the scope of common obligations and to establish minimum operational arrangements for joint maritime operations, the EU has adopted a set of common guidelines for the surveillance of the external maritime borders. On the basis of the principle of systemic interpretation, this article intends to contribute to the clarification of the main obligations in international and European law binding upon the EU Member States when they operate at sea.”

This is a revised and updated version of the paper presented at the 12th IASFM Conference held in Nicosia, 28 June-2 July 2009.  [The article was written and sent for typesetting before the various uprisings in North Africa – IJRL Editor, 4 March 2011]

Click here for link.  (Subscription or payment required.)

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by | 13 Jun 2011 · 04:36

Gisti Calls for NATO to Use Its Surveillance Capabilities to Prevent Migrant Deaths at Sea

From Gisti:

“…  Faced with hundreds of fatal wrecks in the Mediterranean, can we simply denounce the deafening silence in which lives are lost at our doors? Should we accept being powerless in the face of immigration politics which we cannot change? Those who have drowned are not the victims of natural disasters, but of political decisions carried out by persons whose responsibility must be marked. In response to these attacks on the most fundamental right – the right to life – we must ensure that procedures are undertaken and that justice is done. We must stop this carnage. [***] These wrecks, sinking boats transformed into floating coffins of men, women and children, deaths from exposure,  hunger and thirst after drifting at sea, have become commonplace.  [***] But things have changed since an international coalition and NATO forces intervened in Libya. Today, AWACS, drones, planes, helicopters, radar, and warships watch everything that moves in the Mediterranean. They can not fail to see the boats of exiles from sub-Saharan Africa who seek to flee from Libya. [***] By not intervening, they are guilty of failing to assist persons in danger. This can not go unpunished. [***]>>

<<[***] Face aux centaines de naufrages mortels en Méditerranée, peut-on se contenter de dénoncer le silence assourdissant dans lequel des vies disparaissent à nos portes ? Doit-on se résoudre à l’impuissance devant des politiques migratoires auxquelles on ne pourrait rien changer ? Ces noyées ne sont pas les victimes de catastrophes naturelles, mais de décisions politiques mises en œuvre par des exécutants dont les responsabilités doivent être pointées. Devant ces atteintes au droit le plus fondamental – le droit à la vie – il faut que des procédures soient engagées et que justice soit rendue. Il faut mettre fin à cette hécatombe. [***]  De ces naufrages, des épaves transformées en cercueils flottants d’hommes, de femmes et d’enfants morts d’épuisement, de faim et de soif après de longues dérives en mer, l’opinion a pris l’habitude. [***]  Mais la donne a changé depuis qu’une coalition internationale et les forces de l’OTAN interviennent en Libye. Aujourd’hui, awacs, drones, avions, hélicoptères, radars et bâtiments de guerre surveillent tout ce qui bouge en Méditerranée. Ils ne peuvent pas ne pas voir les bateaux des exilés originaires d’Afrique subsaharienne qui cherchent à fuir la Libye. [***] En n’intervenant pas, ils se rendent coupables de non-assistance à personne en danger. Ceci ne peut rester impuni. [***] >>

Click here for full statement.  (FR)

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by | 12 Jun 2011 · 04:24

Icelandic Coast Guard Rescues Disabled Migrant Boat Near Crete

An Icelandic patrol boat participating in Frontex Joint Operation Poseidon in the eastern Mediterranean rescued approximately 93 migrants from a disable vessel near Crete.  One media report indicated the passengers may be Egyptian.

Click here, here, and here for articles.

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by | 08 Jun 2011 · 02:19

Interview with Frontex Spokesperson Michal Parzyszek

Frontex spokesperson Michal Parzyszek was interviewed by the Sofia News Agency on 27 May.  Here are some excerpts:

Current Frontex sea operations: “Operation Hera, which is in the territorial waters of Senegal and Mauritania; Operation Indalo in Spanish waters; Operation Hermes in Italian waters; Operation Aeneas in Italian waters; Operation Poseidon in Greek waters.”

Frontex operations in Italy: “The help on part of Frontex in the southern waters, including in Italy, is more on providing risk analysis – to give a better idea of what is going on, and what can happen.  …  So in terms of [Frontez] assets, there are just two airplanes and two boats which are deployed there under Frontex in the waters south of Sardinia and south of Lampedusa.  …  There are 10-15 Frontex experts that are identifying the migrants once they reach the reception facilities there. They are deployed to Caltanissetta, Catania, Trapani, Crotone, and Bari….”

Arrivals to Lampedusa:  “It varies every day. You have days when you have no arrivals, and then suddenly you have 1 000 people arriving to Lampedusa. Since the start of the operation on February 20, 2011, there have been almost 31 000 people that arrived to Lampedusa.”

Irregular migrants prefer entering Greece rather than Bulgaria: “… In the case of Greece, a readmission agreement with Turkey doesn’t truly work; in the case of Bulgaria, the cooperation with Turkey is much better so the Turkish authorities – if they receive proper documentation and justification – they accept people back.  This is a very important element – potential migrants know that if they cross the border between Turkey and Bulgaria, there is high probability that they will be sent back to Turkey so they don’t choose that way….”

(HT to Euro-Police.)

Click here for full interview.

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by | 27 May 2011 · 04:20

European Commission: Annual Report on Immigration and Asylum for 2010

The Commission released its second Annual Report on Immigration and Asylum for 2010 on 24 May (COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL).  Accompanying the 12 page Report is an 82 page Staff Working Paper.  Excerpts from the Commission press release regarding the Report:

“On Asylum:

  • Negotiations on all asylum legislative proposals must be finalised by the end of 2012, as agreed by the European Council.
  • The recent events in the Southern Mediterranean confirm the necessity of having in place a common asylum system at EU level. This implies better EU legislation, strengthened practical cooperation coordinated by the European Asylum Support Office (EASO), concrete solidarity between Member States and increased cooperation with third countries.
  • Agreement must be reached by the European Parliament and the Council on the EU joint resettlement scheme.
  • The EU relocation pilot project with Malta, the legislative reforms adopted by Greece and the ongoing support the country has received in the implementation of the Action Plan are concrete examples of the combination of responsibility and solidarity that are needed to build the Common European Asylum System.”

“On preventing irregular migration:

  • Member States must fully transpose the Employer Sanctions Directive by July 2011, which is essential for preventing irregular migration and for the credibility of legal migration.
  • Member States must step up measures against trafficking in human beings, including assistance given to victims under Directive 2004/81/EC with a view to dismantling networks of traffickers while strengthening rights of the victims.
  • Member States must fully transpose and implement the Return Directive and continue to make use of the opportunity offered by this Directive to foster voluntary departure as the preferred return option.
  • The use of joint return flights should be continued, by making full use of the European Return Fund and FRONTEX coordination, and including the presence of forced return monitors as required under the Return Directive.
  • Member States should systematically add entry bans in the Schengen Information System in order to give full effect to the European dimension of entry bans issued under the Return Directive.”

“On effective Border Control:

  • The European Parliament and the Council must agree on the proposed amendment to the FRONTEX Regulation as soon as possible, to provide a proper legal basis to strengthen the functioning of the agency.
  • All Schengen border-crossing points should be properly equipped, border surveillance properly ensured, and border guards trained to use new IT tools, as stipulated in the Schengen Border Code.
  • The feasibility of setting up a European Borders Guard System should be considered.
  • Local Schengen cooperation must be fully exploited in order to ensure a fully harmonised and streamlined visa procedure, in particular for the benefit of bona fide travellers.
  • Member States should continue to prepare the ground for establishing EUROSUR, the entry/exit system and the registered traveller programme.
  • To better coordinate the checks at the external borders the Commission will present proposals in 2012, in order to improve interagency cooperation between FRONTEX, EUROPOL, national customs and police authorities.”

I have reproduced about half of the Annual Report here, but have not had time to begin reading the Staff Working Paper.

Excerpts from Annual Report on Immigration and Asylum (2010):

“[***]

The present Annual Report is presented in response to the request made by the European Council when adopting the 2008 Pact on Immigration and Asylum[1] and covers the developments during 2010 in the implementation of the Pact and the relevant priorities of the Stockholm Programme adopted in 2009[2], both at the EU and the national level. The report has been prepared on the basis of Member States’ contributions and other information, in particular reports from the National Contact Points (NCPs) of the European Migration Network (EMN).

The report summarises and assesses developments at the EU and the national level[3], and puts forward recommendations for future action.

II. Entering and Residing in the EU

[***]

1. Legal migration – ensuring a legal way to enter the EU

[***]

2. Asylum – granting international protection and ensuring solidarity

In 2009 Member States recorded 266 400 asylum applications, the number in 2010 was 257 815, a slight decrease of 3%. While Poland, Italy, Hungary and Malta received less asylum-seekers in 2010 than in 2009, significant increases were recorded in Germany, Belgium and Sweden.

In 2010, the most important countries of citizenship of asylum-seekers in the EU were, in order: Afghanistan (20 580), Russia (18 500), Serbia (17 715, excluding Kosovo*[4]), Iraq (15 800) and Somalia (14 350).

In 2010, 55 095 asylum-seekers received a protection status in the EU at first instance (refugee, subsidiary protection or humanitarian). Protection was therefore granted in 25% of decisions taken in first-instance procedures.

In 2009, 7 147 refugees were resettled in the EU from third countries. The figure for 2010 was [until Q3] 3 848.

Legislative progress was slow and difficult in the field of asylum in 2010. The co-legislators agreed on the extension of the scope of the Long-Term Residents Directive to beneficiaries of international protection, and made some progress on the Dublin and Eurodac Regulations as well as on the Qualification Directive. To give an impulse to the stalled negotiations on the Reception Conditions and Asylum Procedures Directives, the Commission will adopt modified proposals on these two instruments in June 2011.

The adoption in 2010 of the Regulation for the creation of the European Asylum Support Office (EASO) was a significant development. The Commission is working actively so that the EASO becomes operational in June this year in view of boosting practical cooperation.

Solidarity among Member States is needed as one of the components of the Common European Asylum System (CEAS). A pilot project for the relocation from Malta to ten Member States of approx. 250 beneficiaries of international protection is running and will be extended beyond its originally intended duration so as to facilitate the relocation of recently-arrived migrants in need of international protection.

Following the submission of an Action Plan to the European Commission in August 2010, Greece has embarked on a comprehensive overhaul of its asylum and migration system, and has received support from the Commission, the Member States, Norway, the UNHCR and other EU partners. Asylum Expert Teams coordinated by the EASO are now deployed there. Important new legislation has already been adopted by Greece in 2010, and its implementation is underway.

Existing Regional Protection Programmes (RPPs) in Tanzania and Eastern Europe continued; the implementation of a new RPP in the Horn of Africa region started in September, in close cooperation with the UNHCR; and work advanced on the development of another RPP in North-Eastern Africa (Egypt, Libya and Tunisia).

Resettlement is equally essential in this context. Negotiations on the creation of a Joint EU Resettlement Programme must come to an operational and positive end. A strategic approach and political steering on the use of resettlement is needed.

  • Negotiations on all asylum legislative proposals must be finalised by the 2012 deadline.
  • The recent events in the Mediterranean and the need to restructure the asylum systems of some Member States confirm the necessity of creating a common procedure and a uniform status at EU level. This implies better EU legislation, strengthened practical cooperation coordinated by the EASO, a concrete multifaceted commitment to solidarity and an increased investment in cooperation with third countries.
  • Agreement must be reached by the European Parliament and the Council on the EU Joint resettlement scheme.
  • The EU relocation pilot project with Malta, the legislative reforms which have been adopted by Greece and the ongoing support it has received in the implementation of the Action Plan are concrete examples of the combination of responsibility and solidarity that are needed to build the CEAS.

3. Integration – a key element both for migrants and receiving societies

[***]

III. Addressing irregular migration to facilitate regular migration

In 2009, the number of irregularly staying third country nationals apprehended in the EU-27 was about 570 000 (7% less than in 2008). Member States returned about 253 000 third country nationals (4.7% more than in 2008).

In 2010 63% (i.e. about 20 000 detections) of illegal border-crossings into the EU were detected in 3Q2010 at the Greek/Turkey land border.

Effective measures aimed at preventing irregular immigration and at securing safe borders are an essential component of a coherent and credible EU immigration policy, but this policy must be fair and human rights must be respected.

1. Instruments for fighting irregular migration

Two legal key instruments have been adopted in recent years – the Return Directive 2008/115/EC and the Employer Sanctions’ Directive 2009/52/EC. They are in place now, but their state of transposition is far from satisfactory, in particular with respect to the Return Directive, where the implementation deadline passed on 24 December 2010. That is why its full and timely transposition is essential. Those provisions, which directly confer rights on migrants, may be, and already are, invoked in proceedings before national courts, and directly applied at the national level, regardless of whether national transposition legislation is in place.

Reinforced border control and cooperation with third countries, notably via readmission agreements, have already proved their effectiveness, as demonstrated in some Member States which have reported on their deterrent effect and on better-functioning return arrangements. However, there remains room for improving the effectiveness of readmission agreements at the EU level, as set out in the Commission’s Communication on the Evaluation of EU Readmission Agreements (COM(2011)76). It is also clear that the higher number of joint return flights coordinated by Frontex in 2010 have been a success, earning the agency further support and increased financial means. Moreover, the 29 measures agreed by the Council to reinforce the protection of the external borders and combating illegal immigration are now being implemented. In its Staff Working Document[5] on the fulfilment of these 29 measures, the Commission reported in detail on progress achieved with regard to each measure, putting a special emphasis on the role played by Frontex, the development of EUROSUR and the ongoing dialogue on migration with main countries of origin and transit as part of the implementation of the Global Approach. These measures need to be accelerated and given priority.

The Directive on preventing and combating trafficking in human beings, and protecting victims, the EU Anti-Trafficking Coordinator appointed by the Commission and a website on fight against trafficking in human beings[6] launched in 2010 have equipped the EU with new powers and ways to fight against this modern form of slavery. The recently adopted implementation report on Directive 2004/81/EC[7] on residence permits for victims of trafficking also called for their more effective protection, which should also help to dismantle networks of traffickers.

  • Member States must fully transpose the Employer Sanctions Directive by July 2011, essential for fighting irregular migration and for the credibility of legal migration.
  • Member States must step up measures against trafficking in human beings, including assistance given to victims under Directive 2004/81/EC with a view to dismantling networks of traffickers while strengthening rights of the victims.
  • The Return Directive must be fully transposed and implemented by the Member States who should continue to make use of the opportunity offered by this Directive to foster voluntary departure as the preferred return option.
  • The use of joint return flights should be continued, by making full use of the European Return Fund and FRONTEX coordination, and including the presence of forced return monitors as required under the Return Diretcive.
  • Member States should systematically add entry bans in the SIS in order to give full effect to the European dimension of entry bans issued under the Return Directive.

2. Effective border control

In 2010 the Commission proposed a Regulation on the establishment of an evaluation mechanism to verify the correct application of the Schengen acquis. In the light of recent experiences, its adoption must be a priority, so that the EU is better equipped to enforce a uniform application of the rules and take the appropriate measures if this would not be the case. Development of the Visa Information System (VIS) continued with the completion of the second and third major testing phases out of a total of four. Final agreement was reached on the technical specifications for the interaction of SIS II with the national systems. Member States continued to prepare the ground for establishing EUROSUR in line with the roadmap. EUROSUR will gradually establish a mechanism whereby Member States’ authorities carrying out border surveillance can cooperate and share operational information with each other and with Frontex, in order to reinforce the control of the external border of the Schengen area, especially its southern maritime and eastern land borders, and step up the fight against irregular migration and cross border crime. During the past year, the EU has faced critical situations at its borders, where it was confronted with high inflows of irregular migrants. This has been, and continues to represent, a major a test for the EU’s ability to react quickly and efficiently, while the Member States most directly concerned by migratory movements have required assistance in a spirit of solidarity. The achievements of Frontex are now broadly recognised and there is widespread agreement on the need to upgrade its role in order to enable it to be more effective.

The results of concerted EU action to tackle border-related crises have been mixed. On the one hand, the EU and the Member States have demonstrated that they are capable of responding decisively to address specific challenges faced by a Member State in effectively controlling its external borders. For the first time, following a request made by Greece related to the pressure on its land borders with Turkey, use was made of Frontex’s Rapid Border Intervention Teams (RABIT). The swift deployment of the RABIT, strongly supported by participating Member States, stabilised the situation and brought down the number of arrivals compared to the peaks in 2010. Malta has recently requested deployment of the RABIT in view of the situation in the southern Mediterranean.

On the other hand, one of the lessons learnt from these events is that both increased cooperation and uniform application of the acquis must be better and more effectively ensured by all Member States. Coordinated preventive EU action vis à vis countries of origin is still slow and weak.

  • The European Parliament and the Council must agree on the proposed amendment to the FRONTEX Regulation as soon as possible, to provide a proper legal basis to strengthen the functioning of the agency.
  • All Schengen border-crossing points should be properly equipped, border surveillance properly ensured, and border guards trained to use new IT tools, as stipulated in the Schengen Borders Code.
  • The proposed Schengen evaluation mechanism must be adopted, in order to foster mutual trust between Member States and EU institutions on the correct, uniform and coherent application of the Schengen Acquis.
  • The feasibility of setting up a European Border Guard System should be considered.
  • Local Schengen cooperation must be fully exploited in order to ensure a fully harmonised and streamlined visa procedure in particular for the benefit of bona fide travellers.
  • With a view to developing a fully reliable system of EU border control, Member States should continue to prepare the ground for establishing EUROSUR, and explore the desirability of putting in place an entry/exit system and a registered traveller programme.
  • To better coordinate the checks at the external borders the Commission will present proposals in 2012, in order to improve interagency cooperation between FRONTEX, EUROPOL, national customs and police authorities.

IV. Unaccompanied minors – a specific challenge

[***]

V. The External Dimension of EU migration Policy – The Global Approach

[***]

[1]               http://register.consilium.europa.eu/pdf/en/08/st13/st13440.en08.pdf.

[3]               A Commission Staff Working Paper provides more detail.

[4]               * Under UNSCR 1244/1999.

[5]               SEC (2010) 1480 final of 26.11.2010.

[7]               COM(2010) 493.”

Click here for Annual Report on Immigration and Asylum (2010)

Click here for Staff Working Paper.

Click here for Press Release.

Click here for 2009 Annual Report on Immigration and Asylum.

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by | 26 May 2011 · 04:09

Frontex Deployment, Repatriation Practices, and Diplomacy Are Responsible For Halting Migrant Arrivals in Canary Islands

From Europa Press: Juan Martinez, Chief Inspector of the Spanish National Police’s  Illegal Immigration Network and False Document Unit (UCRIF – Unidad Contra las Redes de Inmigración Ilegal y Falsedades Documentales), attributes the significant decline in the arrival of migrant boats in the Canary Islands to the deployment of Frontex, diplomatic management in the countries of origin, and repatriation policies.  The article notes the first migrant boat arrival in the Canaries in 1994, the peak years of 2006-2008, and the ensuing practices which have halted further migrant arrivals.

Click here (ES) for article.

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by | 25 May 2011 · 05:20

Migreurop Report: “Frontex: Which Guarantees for Human Rights”

Migreurop has released a 48 page report (EN and FR) entitled “Frontex Agency: Which Guarantees for Human Rights.”  The Report was prepared with a view to the revision of the Frontex mandate.  Here are the Report’s conclusion and recommendations:

“It is not enough to decree that fundamental rights must be respected: it is also necessary to provide the legal means and democratic safeguards needed to achieve this. The proposal for a Regulation amending the Regulation establishing the FRONTEX Agency does neither of these things. Over the five years in which the Agency has been operating, many questions have been asked about the compatibility of its functioning with respect for the rights of individuals. The Commission’s proposed Regulation only addresses a very few of these questions, and raises many more. Until the Agency’s objectives are fundamentally reviewed and seen in the context of the threats the Agency poses to respect for rights, it is questionable whether FRONTEX itself is compatible with human rights.  In the meantime, a number of measures should be introduced into the amended Regulation to bring the rules governing the functioning of FRONTEX more closely into line with standards on fundamental rights:

— There should be a clear division of responsibilities between Member States and FRONTEX in line with the Agency’s expanded role, ensuring that FRONTEX has full legal responsibility for acts committed during the operations that it coordinates, wherever they take place.

— It should be explicitly stated that all operations coordinated by FRONTEX must comply with EU directives on asylum, in particular Directive 2003/9 (on reception) and Directive 2005/85 (on procedures), as well as the principle of non-refoulement, including during interventions at sea wherever they take place, and during interventions involving officials acting under the authority of FRONTEX and liaison officers deployed by the Agency.

— It should be explicitly stated that operations coordinated by and/or involving officers placed under the authority of FRONTEX outside EU territory must be consistent with respect for the right to leave any country, including one’s own (Article 12.2 ICCPR).

— Independent monitoring mechanisms should be implemented during operations coordinated by FRONTEX (joint operations, joint return operations, deployment of liaison officers), and the conclusions and follow-up of monitoring operations should be communicated regularly to the European Parliament and made public.

— For monitoring of joint return operations, enough personnel should be made available to ensure that monitoring can take place at every stage, including inside the places of detention where deportees are held, onboard aircraft, and when deportees are handed over to the authorities of the country of return.

— The Code of Conduct for return operations should be made binding.

— Decisions taken by FRONTEX in relation to joint operations and pilot projects that it coordinates should be made available to the European Parliament.

— There should be mandatory consultation of the European Parliament whenever negotiations are opened between FRONTEX and a third country or the authorities of that country, and any agreement reached by FRONTEX during the negotiations should be submitted to the Parliament before being concluded.”

(While the Report was just added to the Migreurop web site, it may be that the French version of the report was released late last year.)

Click here (EN) or here (FR) for Report.

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