Tag Archives: Frontex

by | 08 Apr 2011 · 13:56

France and Italy Agree to Joint Naval Patrols Along Tunisian Coast to Block Migrant Departures

French and Italian Interior Ministers Claude Guéant and Roberto Maroni today have announced an agreement for “joint air and naval patrols” off the Tunisian coast to block departures from Tunisia. Guéant is quoted by Le Figaro as saying that the new measures would be carried out with assistance from Frontex, but the report is unclear whether he is calling for Frontex participation or announcing that Frontex will participate.

While there are no specifics details being reported about this agreement, it seems to constitute a new push-back practice where there will be little or no opportunity for asylum seekers or other persons of concern to be identified and afforded the protection to which they are entitled.  It is simply not possible to intercept vessels at sea and adequately identify who is on board an overcrowded migrant boat and assess whether international protection is needed by anyone on board.

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

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by | 06 Apr 2011 · 21:03

Rescued Migrants Arriving at Lampedusa (Pictures)

53 survivors have been rescued from today’s accident.  The total number of dead and missing is not known.  Dozens of bodies, including those of children, have been observed in the sea by a Guardia di Finanza helicopter.

Click here for article. (IT)

© Copyright ANSA - Tutti i diritti riservati - Rescued migrants arriving at Lampedusa.

 

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by | 06 Apr 2011 · 05:08

Italy-Tunisia Reach Migration Agreement: 6 Month Residency Permits for Tunisians Already in Italy; Accelerated Return Procedures for Newly Arriving Tunisians

Italy and Tunisia reached a new migration agreement on Tuesday.  It was signed in Tunis by Interior Minister Roberto Maroni and Tunisian Minister Habib Essid.  Italy reportedly pressed Tunisia to quickly accept the repatriation of the 20,000 Tunisians who have arrived in Italy.  Tunisia refused to agree to the mass return of its nationals.

The compromise that was apparently reached will allow the 20,000 Tunisians who have already arrived in Italy to remain for at least six months with temporary residency permits and Tunisia in turn has apparently agreed to accelerated and simplified return procedures for newly arriving Tunisians that will not require fingerprinting or documentation.  Italy reportedly believes that the accelerated repatriation procedures, once implemented, will act as a deterrent to those Tunisians who may attempt to leave Tunisia after the agreement enters into force.

The accelerated return procedures are troubling in multiple respects.  While the overwhelming majority of persons who have reached Italy over the past two months are Tunisian nationals, over the past week or two for the first time there have been hundreds of non-Tunisians arriving in Italy and Malta.  Many are from Eritrea, Ethiopia, and Somalia and clearly have strong claims to international protection.  An accelerated return procedure will mean that persons with claims to asylum or who are in need of other forms of protection may not be properly identified.

Where will the accelerated return procedures be carried out?  Will migrants be rescued, brought to land, processed under the accelerated procedures, and then repatriated?  Or will Italy attempt to revive its push-back practice and attempt to turn boats around at sea?

The text of the agreement has apparently not been yet made public (at least I cannot find it), but various media reports suggest that its provisions include the following:

  • Six month temporary residency permits for Tunisian nationals who have already arrived in Italy (what happens when the six month period expires is not clear);
  • Temporary residency permits will allow free travel within the Schengen zone (but if the holder of the permit is outside of Italy when the permit expires, the person could apparently be returned to Italy);
  • Accelerated direct repatriation for newly arriving Tunisian nationals (the date on which the decree is signed will apparently determine whether a Tunisian receives the temporary permit or is subject to direct repatriation, the decree may be enacted as soon as today, Wednesday, 6 April);
  • Increased cooperation between Italy and Tunisia police / security forces;
  • Italy to provide 12 new and refurbished patrol boats and hundreds of off-road vehicles to Tunisia.

The announcement of this bi-lateral agreement comes one day after Frontex released its recently approved Fundamental Rights Strategy.  Click here for yesterday’s post about this strategy.  Note the following provisions within the strategy:

“14. [***] One particular objective in [Joint Operations] is ensuring that the right to international protection must not be hampered by the law enforcement action and that persons seeking protection are referred to the competent national authorities to assess their case.

15. [***] Corrective measures should be taken in case of breach or serious risk of breach of fundamental rights. As last resort, Frontex might terminate a JO if the conditions guaranteeing the respect for fundamental rights are no longer met. [***]”

It remains to be seen what Italy will do in regard to accelerated direct repatriations to Tunisia, but there is definitely the concern that the right to international protection may be hampered by Italy’s actions.  Frontex’s Joint Operation Hermes Extension is currently hosted by Italy.  Frontex may be obligated to act pursuant to its Fundamental Rights Strategy depending on what new practices are implemented by Italy.

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

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by | 05 Apr 2011 · 16:20

Libyan Migrant Boats Carrying Over 400 People Missing; Reports of Deaths

There have been reports in recent days from the UNHCR and others about at least two boats that are believed to have left Libya over the past 10-14 days carrying persons from Eritrea, Ethiopia, Somalia, and possible other countries.  Family members and friends of people who are believed to be on the boats have been calling for assistance in searching for the boats.  Reuters reported that “[o]ne of the boats was reported to have left Libya on March 22 with 335 people on board.  Italian media said 68 people on the other boat had almost certainly died during the journey, although there was no official confirmation. The top Vatican official in Tripoli, Bishop Giovanni Innocenzo Martinelli, said 10 bodies of African migrants were at the capital’s morgue on [4 April]. … He said there were reports of ‘many more bodies’ of migrants washed up on the shores of Garaboulli, some 40 km from Tripoli.”  Father Mussie Zerai, who is based in Rome, “said he had last spoken to migrants on board the smaller boat, an inflatable, by satellite phone on 26 March before the line went dead.  ‘I have meanwhile had no contact with the larger boat, but family members of those on board have called us from Canada, Sweden and Switzerland to tell us they left.’”

Click here and here for articles. (EN)

There have been confirmed deaths among migrants who have left Tunisia in recent weeks.  At least 27 bodies had been recovered as of last week in Kerkennah.  The dead were probably on board boats that sank on the 13th and 27th of March off the Tunisian coast.

Click here for article.

UPDATE:  If you have information about a family member or friend who may be on a boat or if you are seeking information, please consider contacting the Agenzia Habeshia per la Cooperazione allo Sviluppo in Italy at this email address: agenzia_habeshia@yahoo.it .

 

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by | 05 Apr 2011 · 04:52

Frontex Releases its “Fundamental Rights Strategy”

According to a Frontex press release, “Frontex’s Management Board endorsed the Agency’s Fundamental Rights Strategy during its most recent meeting, on March 31. The approved document sets out the objectives, legal and political context, operational implications and implementation plan for the strategy.”  “The new strategy will be elaborated into an Action Plan, which has been requested by the Management Board with a view to adopting it at the next meeting, scheduled for May 24.”

I have done a quick read of the 8 page document and overall had a positive reaction to the strategy.  One weakness, and there are probably others, is that in the end “Member States remain primarily responsible for the implementation of the relevant international, EU or national legislation and law enforcement actions undertaken in the context of Frontex coordinated joint operations…”  (See Para 13 below.)  There is not much that Frontex can do about this, unless Frontex is given authority to act independently from individual MS.

The strategy does contemplate that Frontex can terminate a Joint Operation if respect for fundamental rights can not be guaranteed.  (See Para 15 below.)  I try to imagine how this strategy would operate within the current Joint Operation Hermes if the influx of Tunisians were to continue and expand and if Italy were to begin unilateral returns of Tunisian nationals (or others) to Tunisia without adequate process.  Would Frontex discontinue Operation Hermes?  It is hard to imagine that happening given the current situation in North Africa.

Here are some excerpts from the strategy consisting of some of the provisions which jumped out at me – the full document however should be consulted:

“Preamble

Frontex considers that respect and promotion of fundamental rights are unconditional and integral components of effective integrated border management.

[***]

The Legal and Political Context

[***]

13. Member States remain primarily responsible for the implementation of the relevant international, EU or national legislation and law enforcement actions undertaken in the context of Frontex coordinated joint operations (JOs) and therefore also for the respect of fundamental rights during these activities. This does not relieve Frontex of its responsibilities as the coordinator and it remains fully accountable for all actions and decisions under its mandate. Frontex must particularly focus on creating the conditions for ensuring compliance with fundamental rights obligations in all its activities.

The Operationalisation

Joint Operations

14. [***] One particular objective in [Joint Operations] is ensuring that the right to international protection must not be hampered by the law enforcement action and that persons seeking protection are referred to the competent national authorities to assess their case.

15. [***] Corrective measures should be taken in case of breach or serious risk of breach of fundamental rights. As last resort, Frontex might terminate a JO if the conditions guaranteeing the respect for fundamental rights are no longer met. [***]

17. Frontex will put in place an effective reporting system to ensure that any incidents or serious risks regarding fundamental rights are immediately reported by any participating officer or Frontex staff member and can be acted upon. This reporting should be the basis for effective monitoring of all its operations. The monitoring effectiveness and credibility will rely heavily on the commitment of national border guard services to report but also on the involvement of external stakeholders. The Operational Plan shall set out the modalities for reporting, including how and to who report.

[***]

19. Alleged violations of human rights reported either by national or Frontex officers or third parties, when substantiated, will be followed up by Frontex by communicating and clarifying the situation in cooperation with the competent national authorities without prejudice to any resulting administrative or penal procedures. Member States should also inform Frontex on the follow-up measures.

[***]

21. In addition to pursuing a regular exchange of information with external partners engaged in fundamental rights protection activities, in particular the Fundamental Rights Agency (FRA), the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM) and the EU Anti-Trafficking Coordinator, Frontex will endeavour to ensure their regular involvement in the relevant operational activities in accordance with the Working Arrangements with these partners. The involvement of these external partners or others should be foreseen in the Operational Plan, which should also define the scope of the cooperation.

22. Frontex will also seek advice from its external partners on the relevant instructions or guidelines for officers taking part in Frontex activities. These instructions or guidelines, which should form an integral part of each Operational Plan, could relate to methods for better identifying people seeking international protection, proper treatment of vulnerable groups including potential victims of trafficking or fundamental rights monitoring of operational activities. The final aim is to promote the highest standards in compliance with fundamental rights by the development and promotion of best practices.

[***]

External Relations

28. Frontex cooperation with Third Countries’ border-guard services is conducted under the EU External Relations Policy and shall therefore be guided by the principle of the respect of human rights. Frontex is committed to adjusting its cooperation arrangements and activities to the EU foreign policy measures adopted as a consequence of the human rights situation in the partner Third Country.

[***]

The Implementation

[***]

38. In order to increase the transparency and credibility of this process, external third parties, in particular those representing civil society, shall be involved. Their concerns and perspectives must be taken into account for the evaluation and revision of the strategy. Frontex, national border-guard services, external partners and representatives of civil society shall therefore have the possibility to exchange views and suggest means of improvement for the strategy and the Action Plan in a consultative forum, to be convened periodically at Frontex Headquarters.

[***]”

Click here for the Frontex strategy document.

Click here for Frontex press release.

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by | 04 Apr 2011 · 04:50

Nationalities of Migrants Who Arrived in Malta from Libya Last Week

From the Times of Malta (sources: Home Affairs Ministry and parliamentary replies) and as noted on EASO Monitor:

Nationalities of migrants who arrived last week

  • Somalia – 411
  • Eritrea – 250
  • Ethiopia – 87
  • Ivory Coast – 26
  • Mali – 16
  • Pakistan – 14
  • Sudan – 6
  • Nigeria – 6
  • Yemen – 2
  • Mauritania – 1
  • Total: 819

Migrants in Malta before Libya crisis

  • Held in detention: 79
  • Living in open centres: 2,224
  • Living in the community: 1,400
  • Total: 3,703

Migrant arrivals in previous years

  • 2007: 1,702
  • 2008: 2,775
  • 2009: 1,397
  • 2010: 27

Click here for article.

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by | 03 Apr 2011 · 06:20

Maltese Conditions for Hosting Frontex Mission Not Accepted by Frontex

The Times of Malta has posted copies of an exchange of correspondence between Home Affairs Minister Carmelo Mifsud Bonnici and Frontex Director Ilkka Laitinen.   The Times of Malta article does not identify the source of the correspondence.  It appears likely that the posted correspondence does not include all of the recent communications between Malta and Frontex.  However, that which has been made available by the Times of Malta provides additional background information regarding Malta’s refusal to host a Frontex mission.

According to the posted correspondence, on 10 March, Mifsud Bonnici made an urgent request to Frontex for a new Joint Operation and deployment of a Rapid Border Intervention Team.  Malta’s request however was conditioned upon Frontex agreeing to the establishment of a joint processing centre outside of Malta and an agreement not to follow the non-binding Guidelines pertaining to the surveillance of the sea external borders contained in Part II of the Annex to Council Decision 2010/252/EU.

On 29 March, Director Laitinen responded.  Laitinen said that on 22 March he took the decision to deploy a RABIT team to Malta and that a fact-finding visit to Malta took place 24-25 March, but that during the visit, the Frontex delegation was informed that Malta would agree to accept a RABIT deployment only if Malta’s requests for the creation of the joint external processing centre and the Joint Operation were organised simultaneously with the RABIT deployment.  Laitinen said that as of 28 March Frontex had received 10 official answers from Member States responding to Malta’s request for contribution to a possible Joint Operation and creation of the external processing centre; 9 of the answers were negative or questioned the concept of joint operation:  “According to the replies – and also indicted by the number of missing replies – it is obvious that the MS consider the establishment of a joint processing centre as an issue that needs discussion and agreement on political level.  It remains doubtful from legal point of view that a joint operation not applying the non-binding part of the Maritime guidelines – Council decision No 2010/252/EU – could be developed and implemented under Frontex coordination.”

Mifsud Bonnici’s initial letter was written before the first migrant boat from Libya arrived  in Malta on 28 March.  Presumably discussions between Malta, Frontex, and the Commission are ongoing.

Click here or on this link (Mifsud Bonnici Ltr – 10 March 2011 ) for the letter from Mifsud Bonnici to Laitinen.

Click here or on this link (Laitinen Ltr – 29 March 2011 ) for the letter from Laitinen to Mifsud Bonnici.

Click here for Times of Malta article.

A third letter from Commissioner Malmström was also posted by the Times of Malta.  It makes reference to the exchange discussed above.  More on this and on Malta’s call for triggering the Temporary Protection Instrument later.

Click here or on this link ( Malmström Ltr – 1 April 2011 ) for the letter from Malmström to Mifsud Bonnici.

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by | 01 Apr 2011 · 17:35

The Arab Spring meets the European Winter (by Chappatte)

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

 

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by | 31 Mar 2011 · 05:11

Mussie Zerai – Eritrean Catholic priest assisting refugees in Libya and at sea

Here is a short AFP article about Father Mussie Zerai who is in frequent contact by satellite phone with African refugees in Libya and with those who are in the process of leaving Libya:  “A few steps away from St Peter’s Basilica, an Eritrean Catholic priest is on the phone with boats in the middle of the Mediterranean filled with African refugees fleeing Libya.  Mussie Zerai receives calls from satellite phones on the boats and co-ordinates the arrival of hundreds of Eritreans, Ethiopians and Somalis with Italy’s coast guard and the NATO warships imposing a naval embargo on Libya….”

Click here for article.

Father Zerai’s organisation’s blog: habeshia.blogspot.com/

UPDATE:  If you have information about a family member or friend who may be on a boat or if you are seeking information, please consider contacting the Agenzia Habeshia per la Cooperazione allo Sviluppo in Italy at this email address: agenzia_habeshia@yahoo.it .

UPDATE: Click here for 19 April 2011 BBC article.

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by | 30 Mar 2011 · 16:07

Frattini Criticises EU for Failure to Assist Italy; Frattini and MEPs Call for Implementation of Temporary Protection Directive and Mandatory Burden Sharing

Italian Foreign Minister Franco Frattini has again criticised what he describes as the EU’s and European Commission’s failure to assist Italy with the migrant situation in Lampedusa. Minister Frattini singled out Commissioner Malmström for his criticism.  A statement on the Italian Foreign Ministry web site says that “Italy continues to solicit Europe’s help in confronting the immigration emergency, not only in terms of economic aid but also in terms of a plan for the distribution of the refugees among Member States. ‘Europe has been totally inert in this period’, Minister Frattini asserted and, commenting on EU Home Affairs Commissioner Cecilia Malmström[‘s] observation that Italy had already received European funding for managing the influx, specified: ‘This is the typical expression of a European bureaucracy that thinks money alone solves everything’, but it is not enough, ‘there need to be policy interventions’. …[I]n addition to funds it is necessary to ‘invoke a European law clearly establishing the adoption of an extraordinary plan with any sudden influx of refugees toward one or more Member States, which includes the distribution of the refugees among Members within the temporary timeframe necessary to repatriate those who are not refugees, as in the case of the Tunisians, who are simply economic immigrants’.”

MEPs Simon Busuttil (Malta) and Salvatore Iacolino (IT) issued a press release calling on the Commission “to activate the Solidarity Mechanism envisaged in EU law in cases of mass influx of displaced persons. … ‘EU law already provides for a solidarity mechanism that can be triggered in the event of a mass influx of displaced persons (Council Directive 2001-55-EC)’ [and ‘we call upon the Commission to activate it’] Busuttil and Iacolino said.”

Click here for Italian Foreign Ministry statement.

Click here for MEPs Busuttil and Iacolino press release.

Click here for link to Temporary Protection Directive.

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by | 30 Mar 2011 · 15:06

Berlusconi Visits Lampedusa and Promises All Migrants Will be Moved Within 60 Hours

Prime Minister Silvio Berlusconi visited Lampedusa this afternoon and said that all 6000 migrants now on the island would be moved to new locations within Italy, in Sicily and elsewhere, within 48-60 hours.  He indicated that a navy ship and multiple civilian ferries would be used to transport the migrants.  He promised a massive clean-up operation and beautification programme for the island, announced there would be a tax holiday for island residents, said Lampedusa would be nominated for the Nobel Peace Prize, and said that he had just purchased a personal home on Lampedusa.

Berlusconi said new unspecified measures were being taken to prevent new migrant arrivals.  He seemed to say that some vessels that could be used for the transport of migrants from Tunisia have been purchased by Italy (or by him?).  (“Abbiamo attuato anche misure imprenditoriali. Ve ne diro’ una variopinta: abbiamo comprato pescherecci affinche’ non possano essere utilizzati per le traversate.” “We have also implemented business measures. I will tell you [something] colorful: we bought vessels so they can not be used for the crossings.”)

There has been a lull in migrant arrivals to the island; no new boats from Tunisia or Libya arrived overnight.

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

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by | 29 Mar 2011 · 18:05

NATO Policy Regarding Migrant Boats Leaving Libya

I posed several questions to NATO Maritime Command Naples asking what NATO’s policy is in regard to encounters between NATO ships and migrant boats leaving Libya.  NATO Maritime Command Naples is responsible for enforcing the maritime embargo of Libya known as Operation Unified Protector.  I also asked for more information about the encounter on 25-26 March between the Canadian navy ship, HMCS Charlottetown, and what was probably the first recent migrant boat from Libya.  This particular migrant boat was subsequently taken to Linosa by the Italian Coast Guard.

Today’s response from NATO’s public affairs office is fairly straightforward and states that NATO ships will respond to vessels or persons in distress.  The response suggests that NATO ships will otherwise not interfere with the passage of migrant boats unless a boat is suspected of carrying arms or mercenaries.  Presumably NATO would also seek to stop and board migrant vessels suspected of carrying any persons of particular interest to NATO, e.g. Libyan officials.

Here are my questions and the responses from the Public Affairs Office at NATO Maritime Command Naples:

Q:  Does Operation Unified Protector have plans or procedures in place regarding what to do in the situation where a NATO vessel encounters a boat or inflatable that is carrying irregular migrants or asylum seekers out of Libya and attempting to reach another country, e.g. Italy or Malta?

NATO:  Operation Unified Protector is part of the broad international effort to protect civilians and civilian-populated areas under threat of attack. The maritime portion of the operation foresees NATO warships and aircraft patrolling the approaches to Libyan territorial waters to reduce the flow of arms, related material and mercenaries to Libya as called for in UN Security Council Resolution 1973. Issues of migration or asylum seekers are not within the mandate of this specific NATO operation.

Q:  If there are plans or procedures for encounters with migrant boats, what do they provide for?

NATO:  A master of a ship at sea which is in a position to be able to provide assistance on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so. This obligation to provide assistance applies regardless of the nationality or status of such persons or the circumstances in which they are found.

Q:  Additionally, can you provide details regarding what HMCS Charlottetown did on/about 26 March when it encountered a migrant boat carrying approximately 350 African migrants from Libya?  Did HMCS Charlottetown request assistance in connection with this encounter from the Italian Coast Guard or Navy or from Frontex?  What assistance, if any, was provided to the migrant boat?

NATO:  On 25 and 26 of March 2011, NATO ships patrolling in International Waters attended a boat to ensure there was not a case of Safety of Life at Sea (SOLAS). Assistance was offered in the form of technical expertise and supplies. NATO ships monitored the situation constantly throughout the stated period. For action taken by Italy with regard to this event we recommend you contact the appropriate authorities.

Q:  Does NATO anticipate that there may at some point be large numbers of non-Libyans or Libyans attempting to leave Libya by sea?

NATO:  We do not feel that we can speculate on this matter.

Click here for link to NATO Maritime Command Naples and here for link to Operation Unified Protector.

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by | 28 Mar 2011 · 15:25

Italy Issues Warning: If Tunisia Fails to Stop Migrants, Italy Will Begin Forced Repatriations

Italian Interior Minister Roberto Maroni said on Monday that “[i]f [the Tunisian Government] do[es] not send specific signals [and begin] keeping the promise of a commitment to stop the migration, Italy will proceed with the forced repatriations.” (“Se non manderà segnali concreti, mantenendo la promessa di un impegno per fermare i flussi migratori, l’Italia procederà con i rimpatri forzosi.”)  Maroni also said “Tunisia had promised an immediate commitment to stop migration, but the boats continue to arrive.  We are not subject to blackmail as with Libya for oil. [Tunisia is] dependent on us, especially in the tourism sector.”

Foreign Minister Frattini said that if Tunisian migrants do not agree to assisted returns to Tunisia, with the possible payment of €1500 using EU funds, “there is a second level of intervention for those who do not accept assisted repatriation, which is stated in the Bossi-Fini law: expulsion.”

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

Click here (EN), here (IT), and here (IT) for postings on the Foreign Ministry web site.

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by | 28 Mar 2011 · 14:45

2000 Migrant Arrivals Over Last 24 Hours; Lampedusa Residents Continue Protests and Blockade Port

Over 1900 migrants have reached Lampedusa over the past 24 hour period.  Approximately 3700 have arrived over the past 3 days.  Fishermen have placed four empty migrant boats across the entry to the main harbour on the island in an effort to prevent the entry of migrant boats or Coast Guard boats carrying migrants.  Officials say that by Wednesday of this week, ships with capacity to carry up to 10,000 people will arrive on Lampedusa in order to move many of the migrants now on the island to other locations.

Click here and here for articles. (IT)

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by | 27 Mar 2011 · 04:54

Italy Considers Offering €1500 to Tunisian Migrants Who Agree to Leave

The Italian government has tentatively considered the possibility of offering €1500 to any Tunisian who agrees to return to Tunisia.  Foreign Minister Frattini said that Italy could pay the funds to those migrants willing to leave and that the funds would then be reimbursed to Italy by the EU Commission.  The IOM would likely be asked to administer the program.  The proposal was immediately and strongly criticised by Umberto Bossi the head of the Northern League and a fellow minister in the Berlusconi Government.  Bossi called for the migrants to be returned to Tunisia.  A statement posted later in the day on the Foreign Ministry web site said that the proposal would “be activated only in the presence of a full financing on the part of the European Union.”

The situation on Lampedusa continues to deteriorate.  There were approximately 1000 new migrant arrivals yesterday.  The migrant population on the island is approximately 5000 with 2500 people sleeping rough in makeshift tents made of plastic sheeting.

Click here and here for articles.  (IT)

Click here for brief statement from Ministry of Foreign Affairs.

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