Tag Archives: Italy

Malmström Meets With Libyan Foreign Minister

Commissioner Cecilia Malmström met with Libyan Foreign Minister Moussa Koussa on 13 July.  I cannot find any reference to the meeting on Commissioner Malmström’s official web site, but she mentions the meeting on her personal blog (written in Swedish).   She writes simply that she met with the FM and that “Libya is a complex but important neighbour and we have a lot to talk about – not least, migration and asylum and human rights.  The meeting was a first opportunity to talk.” (translation using Google translate.)

According to an article in Il Manifesto (and reposted on the Diritti Globali web site where I first read / Google-translated it), the ongoing EU-Libya partnership accord talks and the immigration aspects of the accord were discussed in the meeting between the Libyan FM and Malmström.

Also apparently discussed at the meeting was Libya’s decision to release up to 3000 detained migrants from several detention centres, including the Eritreans who were likely detained by Libya after being interdicted at sea and subjected to Italy’s push-back practice.

From the Il Manifesto article:

Quanto alle responsabilità italiane nella vicenda, legate in particolare al fatto che 103 dei 205 detenuti di Braq sono stati respinti in mare dalle navi italiane, la Commissione Ue continua a mantenere un profilo alquanto basso. Ieri Stefano Manservisi, Direttore generale della DG interni della Commissione Ue, intervenendo al dibattito in Parlamento sugli eritrei, ha affermato che «non abbiamo informazioni su dove sono state intercettate queste persone, non si può dire che Malta doveva fare o l’Italia doveva fare, si sa che ora sono in Libia e dobbiamo verificare in che condizioni si trovano». .[…]

Per ora il silenzio, che dura da un anno sui respingimenti, e poche parole anche sul Trattato di partenariato, amicizia e cooperazione tra Italia-Libia, che ha di fatto dato il via libera a questa nuova politica. «Riguardo agli accordi bilaterali, a titolo personale – ha affermato ancora il numero 2 della Malmström – considero migliore un accordo europeo a uno bilaterale, ma ci vuole chiarezza, questo accordo ha pure dimostrato la propria efficacia, è un dato di fatto che il flusso di immigrati si è bloccato».  E ancora: «Ci è stato notificato un accordo in linea con la normativa Ue, anche se c’è una componente segreta che non conosciamo». Pur con questa dosi di oscurità, per la Commissione il futuro dell’intesa tra Bruxelles e Tripoli dovrebbe ricalcare una buona parte dell’ accordo tra Berlusconi e Gheddafi: «Dobbiamo fare modo che ciò che è coperto da accordi bilaterali possa diventare base accordo più amplio», ha concluso Manservisi.

Per procedere nei contatti, lo stesso Direttore generale si recherà in Libia prima dell’autunno, quindi toccherà alla commissaria Malmström in ottobre, il tutto in vista della stesura di un accordo generale che parli di immigrazione, ma anche controllo delle frontiere, visti e relazioni economiche. Altro appuntamento chiave il vertice Ue-Unione africana del 29 e 30 novembre a Sirte.

Click here (SV) for the Commissioner’s personal blog post.

Click here (IT) for full Il Manifesto article.

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Italy and Malta Question Need for Frontex Sea Patrols

Italy and Malta held a one day summit yesterday that focused on “Strategic Mediterranean” themes.  The two countries are calling for a reassessment of Frontex’s role in the Mediterranean, suggesting that Frontex may be best suited for repatriation operations and not for sea patrols.  Maltese Foreign Minister Tonio Borg said that even Italy questioned the need for ongoing Frontex missions fearing that such missions might upset the Italy-Libya migration agreement which has almost eliminated irregular migration from Libya.  A statement issued by the Italian Foreign Ministry described the Italy-Libya migration agreement as a model that is “exemplary for extension to other African countries.”

Malta also reaffirmed that it would not reconsider its decision not to host Frontex missions unless the Frontex rule addressing where intercepted migrants are to be taken is changed.

Click here and here for articles.

Click here for Italian Foreign Ministry statement.

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Libya Confirms It Is Detaining “Pushed Back” Eritreans

Reuters reported that the Libyan Foreign Ministry confirmed there are approximately 400 Eritreans being held in detention centres in Libya and that 245 of these Eritreans were turned over to Libyan authorities after being intercepted at sea by Italian authorities.   Italian officials have previously questioned whether any of the Eritreans in question had been subjected to the Italian push-back practice.

Click here for article.

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Libya May Allow Eritreans to Remain – Italy Claims Credit for Decision

Libya has reportedly agreed to allow approximately 400 Eritreans to remain in Libya, though they will not be given refugee protection as Libya is not a signatory to the Refugee Convention.

ANSAmed reported that Italian officials have claimed credit for Libya’s decision, though the Italians have questioned whether any of the Eritreans have been mistreated and whether any of the Eritreans were subjected to Italy’s push-back practice.  Italian Foreign Ministry Undersecretary Stefania Craxi stated that ”the Italian government never backed away from raising awareness with[] Libyan authorities on the topic of human rights.”  Craxi said ”it is thanks to the Italian government [that] the UNHCR activities in Tripoli have started again, albeit in an informal and conditioned way.”  Foreign Minister Franco Frattini said ”it is unbelievable that Brussels did not even make a press release.  [Italy] worked in silence, without proclamations, sadly with the total and absolute absence of Europe. We asked for a compromise, a mediation and the result came.”

While it is good if the Italian Government did indeed work to arrive at a temporary and imperfect solution for this particular group of Eritreans and it is good that the Italian ministers speak of respecting human rights in Libya, the Italians should be equally if not more concerned with the human rights implications of their push-back practice in the Mediterranean.

Click here for article.

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ECRE and CIR: Ill-treatment of Refugees in Libya: the EU, a Silent Accomplice

ECRE and CIR released a statement on 7 July criticising Italy and the EU in regard to the plight of over 200 Eritrean refugees, some of whom may have been subject to Italy’s push-back practice and who are now detained under dangerous conditions in Libya.

The two organisations “call upon all authorities involved to ensure that refugees are not repatriated to Eritrea where they are at risk of torture and ill- treatment. … ‘We strongly repeat our plea to the Italian Government to resettle the refugees to Italy’, says Christopher Hein, Director of the Italian Council for Refugees (CIR). ‘Some of those who are being mistreated now by the Libyan authorities have been pushed back there by Italy one year ago. Refugees are suffering the consequences of Italy’s violation of its legal obligations and EU Member States’ consenting silence’, added Bjarte Vandvik, ECRE’s Secretary General.”

Click here for the full statement.

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Hammarberg Makes Urgent Request of Italy for Information on Eritreans in Libya

COE Human Rights Commissioner Thomas Hammarberg has made an urgent request to the Italian Government for information on alleged human rights violations of Eritrean migrants in Libya, including Eritreans who may have been among persons intercepted at sea by Italy and forcibly returned to Libya without being afforded an opportunity to seek international protection.

In a letter to the Italian Foreign Minister, Commissioner Hammarberg wrote “[g]iven the recent decision of the Libyan authorities to discontinue UNHCR’s activities in the country, it is increasingly difficult to confirm the exact accuracy of these reports. However, given their consistency and the seriousness of the allegations, I hope that I can count on your cooperation to urgently clarify the situation with the Libyan authorities and be kept informed about the results of your investigations.”

The Foreign Minister and Interior Minister have written a joint letter to the Il Foglio newspaper where they say that the Italian Government “was mediating with Tripoli to identify the Eritreans and try to find them employment in Libya so that they would not be forcibly repatriated.”  According to Reuters, the ministers also said “it was necessary to respect Libyan sovereignty and [they] called for an international approach, involving the United Nations and other organizations” and that the “fate of these Eritrean citizens cannot be resolved only through our bilateral relationship (with Libya).”

Click here for the Commissioner’s letter to the Italian Foreign Minister.

Click here for the Commissioner’s letter to the Italian Interior Minister.

Click here for article.

Click here (IT) for Italian Ministers’ Reply to Il Foglio.

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UNHCR Criticises Delay by Italy and Malta in Launching Search and Rescue of Migrant Boat

“UNHCR is concerned about delays in a search-and-rescue operation on Sunday and Monday [6-7 June]  involving a boat carrying more than 20 people, mostly Eritreans, near Malta. Distress calls were received on Sunday evening, including by UNHCR, and passed to Maltese and Italian maritime authorities. It is unclear which country had search-and-rescue responsibility when the distress calls were first sent. According to information made available to UNHCR, the boat was only rescued late on Monday, and by Libyan vessels.”

The persons on board the boat have reportedly been taken to Libya.

Click here for UNHCR statement.

Click here and here for articles.

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Malta: Italian Sea Patrols are Secretive But Effective

A Malta Today article quotes an unidentified source within the Armed Forces of Malta as saying that Italy’s anti-migrant operations are effective but are veiled in a suspicious secrecy:

“‘Nothing is happening [in regard to migrants], because the Italians are effective with joint patrolling, donations of sea vessels, and hands-on training,’ an informed officer said.  Developments on the Libyan sea-front, where the Italian army is engaged in joint repatriations of migrant traffic, seem to be veiled in a suspicious secrecy. The same officer said ‘we don’t know what the Italians are doing’, and as the first months of 2010 saw no significant migrant arrivals, observers feel the situation may not alter radically.  There seems to be consensus that the deal forged between the Italian and Libyan leaders has stemmed the migrant tide in the Mediterranean.”

Click here for article.

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Spain and Senegal Renew Agreement Permitting Frontex to Operate From Dakar

Spain and Senegal have renewed a bi-lateral agreement permitting Frontex to operate from a base in Dakar for another year.

The Frontex mission in Senegal currently consists of two Spanish Guardia Civil patrol boats, a Spanish National Police helicopter, and a private airplane leased by the Spanish Defence Ministry.  One Frontex patrol boat also operates from Nuadibú, Mauritania.

Spanish Interior Minister Alfredo Pérez Rubalcaba said that France and Italy will soon be deploying additional assets and personnel to the Frontex mission in Senegal consisting of a ship and plane from Italy and a French security force team.  Rubalcaba stated that this new assistance demonstrates that “Spain is not alone” in the fight against the mafias responsible for the illegal boat arrivals to the coast this country. (“España no está sola” en la lucha contra las mafias responsables de las llegadas de embarcaciones irregulares a las costas de este país.)

Senegalese Interior Minister Ousmane Ngom, said that so far this year a total of 101 canoes from the coast of Senegal with 450 people aboard have been identified by the patrols. In 2006, the figures were 901 boats, with 35,490 irregular migrants.

Click here for article.  (ES)

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Concerns Over Italy’s Push-Back Practices in HRC’s UPR Report

The 14th regular session of the Human Rights Council begins on 31 May.   The report of the Working Group on Universal Period Review on Italy will be considered by the Council on 9 June.

The Working Group’s report identifies concerns with Italy’s treatment of migrants and asylum seekers, including whether migrants or asylum-seekers have been transferred to another country without proper assessment of the need for refugee or other protection and whether persons intercepted at sea have access to proper assessment of their asylum claims in accordance with international human rights standards.

Italy’s general response to date has been that “in cases of human trafficking, international law permitted the return of migrants to their countries of origin, unless they were in need of urgent medical assistance and had not expressed the intent to apply for asylum or other forms of international protection.”

Excerpts from the Report of the Working Group:

A. Presentation by the State under review [***]

11. Over the past few years, the country had been exposed to a massive inflow of migrants, which increased by 250 per cent over the last few years, and could, in some instances, affect public order. Italy is at the forefront of efforts to rescue migrants and asylum-seekers on the high seas. It affirmed that, in cases of human trafficking, international law permitted the return of migrants to their countries of origin, unless they were in need of urgent medical assistance and had not expressed the intent to apply for asylum or other forms of international protection. [***]

B. Interactive dialogue and responses by the State under review [***]

52. Italy noted that it had a comprehensive system of asylum and that new arrivals were regularly informed about their right to international protection. With nearly 50 per cent positive responses to all applications made, Italy’s rate of acceptance was above the EU average. Italy once again highlighted its efforts to provide rescue at sea, not only in its own waters, but also beyond. [***]

72. Denmark asked Italy to elaborate on criticism regarding the transfer of migrants and asylum-seekers to another country without proper assessment of the need for refuge and other protection. ***  [***]

76. New Zealand *** requested details on measures taken by Italy to ensure the individual circumstances of each asylum-seeker are genuinely considered. *** [***]

II. Conclusions and/or recommendations

84. The following recommendations will be examined by Italy, which will provide responses in due time, but no later than the fourteenth session of the Human Rights Council: [***]

67. To strengthen efforts to protect asylum-seekers and refugees (Yemen); to continue the implementation of laws on migration and amendments, to ensure that the laws are always fully in line with international standards (Kyrgyzstan); to make additional efforts in work with refugees and migrants (Kyrgyzstan); and to take further steps to ensure the full respect of the fundamental rights of migrants, asylum-seekers and refugees (Sweden);

68. To strengthen cooperation with UNHCR in order to guarantee access to a just procedure in identifying the protection needs of those travelling to or are in Italian territory (Mexico);

69. With regard to the concerns expressed in the Italian-Libyan agreement to prevent ships with immigrants from sailing to Italy, to ensure that intercepted persons have access to proper assessment of their asylum claims in accordance with international human rights standards (Netherlands);

70. To ensure satisfactory asylum procedures for all migrants and asylum seekers rescued at sea (Denmark);

71. To review its legislation and practices, ensuring that they comply fully with the principle of non-refoulement, and to ensure the accountability of persons responsible for any violation thereof (Czech Republic);

72. To take appropriate legislative measures to decriminalize irregular entry and stay in Italy (Brazil); to eliminate the provision criminalizing irregular entry and stay on Italian territory as contained in law No. 94 of 2009, as well as those provisions that regard non-documented status as an aggravating circumstance in the commission of criminal offence, and the creation of vigilante groups, as contained in law No. 125 of 2008 (Mexico); [***]

77. To increase the transparency of arrival and return procedures concerning immigrants and refugees (Japan);

78. To intensify efforts in the resettlement of refugees, especially with regard to the protracted refugee situations identified by UNHCR (Morocco);

79. To ensure the full enjoyment of human rights for those hoping to find a better life in Italy, especially by strengthening structures to guarantee the rights of migrants (Burkina Faso);

80. To strengthen respect for the human rights of migrants, including those in detention centres (Cuba);

81. To repeal all discriminatory laws against irregular migrants and take action to investigate and prosecute discriminatory acts by public and security officials, in particular where racial and religious motives are aggravating factors (Pakistan);

82. To continue close cooperation with countries of origin and transit in finding an effective solution to the problem of illegal immigration (Viet Nam);

83. To continue measures to end trafficking in human beings (Yemen); and to strengthen further its efforts to end trafficking in women and children, and to take effective measures to prosecute and punish trafficking in persons (Canada);

84. To increase measures to identify women and child victims of trafficking effectively in order to provide them with adequate assistance, and to consider not penalizing them for crimes committed as a direct result of being trafficked (Philippines);

85. To strengthen efforts to combat trafficking in women and children, and to take effective measures to prosecute and punish trafficking in persons, as raised by the Committee on the Rights of the Child and the Committee against Torture (Japan); and to take effective measures to prosecute and punish trafficking and the exploitation of persons, as recommended by the Committee against Torture (Israel); [***]

Click here for the Report of the WG.

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Italy Gives 2 Patrol Boats to Egypt

On 5 May Italian authorities transferred two naval patrol boats to Egypt for use in anti-immigration patrols and port security.  Italy has previously given patrol boats to Egypt.

Click here and here for articles. (AR)

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Mass Human Trafficking Trials Continue in Libya

The criminal trials involving almost 500 defendants charged with human trafficking are still ongoing in Tripoli.  Some new defence attorneys are reportedly involved in the case and have complained that the prosecutor’s office is relying on reports provided by Italian authorities and on reports on the topic of illegal immigration which were prepared for distribution to the media.  Some defence lawyers have said that the criminal charges are motivated by media and political pressure brought against the Libyan government.  Defence lawyers have also reportedly asserted that the special State Security Court trying the cases does not have jurisdiction over charges relating to illegal immigration.

Click here for earlier post.

Click here and here for articles. (in Arabic)

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Large Drop in Irregular Algerian Migrants Arriving in Italy in 2009

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

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

Click here and here for articles (both FR).

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1 Year Anniversary of Italy’s Push-Back Practice

This month marks the first anniversary of the implementation of Italy’s push-back practice with Libya.  The practice is based primarily on the Italy-Libya Treaty of Friendship, August 2008, and the Supplementary Protocol of 4 February 2009.

The first push-back operation occurred on 6 May.  As a reminder, here is the European Committee for the Prevention of Torture’s (CPT) description of the first operation:

Operation of 6 May 2009

According to data provided by the Italian authorities, 231 migrants (191 men and 40 women) were aboard three vessels in distress. The information collected from other sources indicates that among the migrants there were unaccompanied minors and four pregnant women. Following the interception of the boats by two Coast Guard vessels and one vessel of the Guardia di Finanza, the migrants were transferred onto the three Italian vessels and returned to Libya. The CISOM [Order of Malta Italian Relief Corps] personnel and a journalist, who was aboard the vessel of the Guardia di Finanza, indicated that they were not aware that the migrants would be pushed back to Libya, and that the captains of the Italian vessels only received an order to do so in the course of the operation.

The delegation was unable to interview the migrants pushed back to Libya or, given the authorities’ refusal to provide their names, the captains of the Italian vessels involved in the operation. However, reliable information collected by the delegation would indicate that, during the operation, which lasted around 12 hours, the 74 persons on the Guardia di Finanza vessel were provided insufficient water and no food or blankets; further, physical violence, in particular with kicks, punches and blows with an oar, was allegedly used against a number of migrants by Libyan police at the harbour in Tripoli, to force them to disembark from the two Coast Guard vessels.

Click here (IT) for article and podcast from AMISnet: “Un anno di respingimenti.”

Click here for earlier post.

Click here for the full CPT Report.

Click here for the Response of the Italian Government.

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Mass Human Trafficking Trial in Libya

Over 450 defendants are being criminally tried in Libya, charged with human trafficking and facilitating illegal immigration.  The defendants are reportedly being jointly tried in groups of 30.  Among the defendants are members of the armed forces, public security, and Navy.  The trials are being conducted in special security courts.  ANSA reports that the special court proceedings are being used because the conduct has endangered Libyan national security.

According to an article in the Italian magazine Panorama (owned by Silvio Berlusconi (?)), this is the first such trial of its kind in Libya.  Apparently, only Oea, a Libyan newspaper (described by Panorama as a non-governmental paper) is being permitted to be present at the trials. An article in Oea describes a comment from a lawyer for one defendant saying that the case was difficult given the large number of defendants and the lack of adequate information.

Panorama describes the trials as a possible signal from Gaddafi and one which reveals what has always been suspected, that there has been complicity between traffickers and Libyan police.  Panorama concludes its article by asking whether the trials are genuine or merely propaganda.

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

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