Tag Archives: Joint Operation Hermes Extension

by | 08 Dec 2011 · 05:58

EJML Article, B Nascimbene and A Di Pascale: “The ‘Arab Spring’ and the Extraordinary Influx of People who Arrived in Italy from North Africa”

The latest edition of the European Journal of Migration and Law, Volume 13, Number 4, contains an article by Bruno Nascimbene, Professor of European Union Law, Faculty of Law, University of Milan, and Alessia Di Pascale, Research Fellow, European Union Law, Faculty of Law, University of Milan, entitled “The ‘Arab Spring’ and the Extraordinary Influx of People who Arrived in Italy from North Africa”.

Abstract: “The ‘Arab spring’ which spread in early 2011 and the consequent exceptional influx of people that arrived on the Italian coasts from North Africa put the national reception and asylum systems under particular pressure, also raising the debate on the status to be attributed to these people. Faced with a situation out of the ordinary, Italy immediately addressed a request for help to the European Union, which has revealed the difference of views and mistrust existing between Member States in relation to these issues. This episode also calls into question the scope and effectiveness of the EU migration management framework, particularly in case of strong and unexpected pressure, and its implementation in a true spirit of solidarity.”

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

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by | 16 May 2011 · 06:10

Malta Confirms that it Will Not Host Frontex Mission

The Sunday Times of Malta reports that Malta has again declined to host a Frontex mission because Malta objects to the rules of engagement for such missions which require under certain circumstances that intercepted migrants be brought to the territory of the Member State hosting the mission.  “‘If Frontex changes its mind and manages to convince the other member states about the rules of engagement for the mission it wants to hold in Malta, we will reconsider our position. However, at this stage, we have ruled out the possibility of hosting a Frontex mission’ said [Home Affairs Minister Carmelo Mifsud Bonnici.]”  “Frontex sources said other member states had been sounded out on Malta’s demand to have different rules for its mission based on the ‘closest safe port’ concept. However, the Warsaw-based agency failed to convince them.”

Click here for article.

Click here, here, and here for previous posts on the Malta–Frontex negotiations.

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by | 04 May 2011 · 15:16

Commission Communication on Migration of 4 May

The European Commission today issued a Communication on Migration (COM(2011) 248 final) in response to the ongoing arrivals of migrants and asylum seekers in Italy and Malta and in response to the calls by Italy and France for changes in the implementation or interpretation of the Schengen Agreement.

France has welcomed the Commission’s Communication: “We note with interest that the Commission is considering establishing a mechanism for the temporary reintroduction of controls on some sections of internal borders in cases of difficulties or failures of a Member State. We also welcome the emphasis on strengthening the operational capacity of Frontex, the prospect of ultimately creating a European border guard that France has repeatedly called for. Finally, we welcome with satisfaction the intention of the Commission to propose a suspension clause of the liberalization of visa abuse.” (“Nous relevons ainsi avec intérêt que la Commission envisage l’établissement d’un mécanisme permettant la réintroduction temporaire des contrôles à certaines sections des frontières intérieures en cas de difficultés ou de défaillances d’un État membre. Nous nous félicitons aussi de l’accent mis sur le renforcement des capacités opérationnelles de FRONTEX, avec la perspective de créer à terme un système européen de garde-frontières que la France a régulièrement appelé de ses vœux. Nous accueillons enfin avec satisfaction l’intention de la Commission de proposer une clause de suspension de la libéralisation des visas en cas d’abus.”)

Excerpts from the Commission’s Communication on Migration:

“[***]

The purpose of this Communication is to set recent and future policy proposals in a framework that takes account of all relevant aspects and allows the EU and its Member States to manage asylum, migration and mobility of third-country nationals in a secure environment.

[***]

The continuously evolving situation in our Southern Neighbourhood requires rapid responses. Building upon the European Council Conclusions of 11 and 25 March, the European Parliament’s Resolution of 5 April1, and, the joint Communication of the Commission and the High Representative of 8 March, the Commission will present on 24 May a package of proposals to ensure a coherent EU approach in the area of migration, mobility and security with the Southern Mediterranean countries.

However, the need to address this challenging and evolving situation should not lead to a short-term approach limited to border control without taking account of long-term issues.

[***]

The EU should also ensure that it has in place safe and efficient asylum procedures for people in need of protection. Sixty years after the signature of the Geneva Convention on the Status of Refugees, it is time for the EU to reaffirm its commitment to offer protection to any persecuted third country national or stateless person arriving on its territory. A Common European Asylum System, offering a high level of protection and reducing the disparities among Member States’ asylum systems, must be completed by 2012, as agreed by the European Council.

[***]

At the same time, as recent events have starkly illustrated, the EU continues to face serious challenges in the development of its migration policy. The vulnerability of some sections of the EU’s external borders is a clear example, notably in the Southern Mediterranean and at the land border between Greece and Turkey. In particular, measures must be taken to prevent large numbers of irregular migrants, often exploited by unscrupulous criminal networks, from arriving in the EU. The EU should accordingly pursue a migration policy based on ensuring that inward migration is effectively managed and ensure that the need for enhanced mobility does not undermine the security of the Union’s external borders. While this Communication naturally focuses on regions of most immediate concern, the EU’s migration policy follows a geographically comprehensive approach.

[***]

However, while the current crisis confirms the need for increased solidarity at the European level and better sharing of responsibility, it must be recognised that the EU is not fully equipped to help those Member States most exposed to massive migratory movements.

[***]

Building on the experience gained so far with the current pilot project on relocation from Malta, the Commission will support an extension of this project in view of the current influx of migrants seeking international protection there, to be implemented in close cooperation with the United Nations High Commissioner for Refugees and the International Organisation for Migration.

However, the currently available instruments fall short of fulfilling all the needs and providing a comprehensive response. They can only be resorted to in an ad hoc manner, and are entirely dependent on the will of Member States to voluntarily offer assistance – in whatever form – at a given point in time. This in turn exposes the EU to criticism and risks undermining the trust of the citizens in the EU.

The Commission will closely monitor the continuously evolving situation and may decide, if the relevant conditions are met, to trigger the Temporary Protection Directive3 to provide immediate and temporary protection to displaced persons from third countries that are unable to return to their country of origin.

The Commission will make further proposals during 2011 on delivering solidarity in a holistic manner and how concretely such assistance can be delivered. A number of different approaches are currently being studied, with a view to developing alternatives that will allow urgent needs to be responded to in a more rapid and structured fashion. This initiative will build on the appropriate legal basis of the Lisbon Treaty, such as Articles 80 and 78 paragraph 3, and will draw lessons from the situation in Greece, particularly at the land border between Greece and Turkey, and the crisis in the Southern Mediterranean; it will include possible ad hoc measures to be resorted to in case of particular temporary pressure on one or several Member States, as well as more structural means of ensuring solidarity, both financial and in the form of practical cooperation and technical assistance (e.g. via FRONTEX, EASO, joint operations).

[***]

FRONTEX’s role is key in channelling resources to places where the border is under pressure, as shown by the deployment – for the first time ever – of rapid border intervention teams to the Greek-Turkish land border in 2010 and the deployment of the joint naval operation HERMES to support Italy in 2011. FRONTEX’s legal framework needs be updated to allow it to be more effective in terms of its operational capacity to act at the external border. The Commission proposed the necessary changes in February last year5 and it is now urgent, especially in the light of recent events, that the Council and the Parliament approve this proposal before the end of this semester, as called for by the European Council.

[***]

[A] clear system for Schengen governance is needed. Currently the Union still relies on an intergovernmental system of peer reviews to ensure the application of the common rules. The current revision of the Schengen evaluation mechanism should be based on a Community approach with participation of experts from Member States, FRONTEX and lead by the Commission. The proposed mechanism would ensure more transparency and improve the follow-up of shortcomings identified during the experts’ evaluations. The Commission will also issue guidelines to ensure a coherent implementation and interpretation of the Schengen rules.

A mechanism must also be put in place to allow the Union to handle situations where either a Member State is not fulfilling its obligations to control its section of the external border, or where a particular portion of the external border comes under unexpected and heavy pressure due to external events. A coordinated Community-based response by the Union in critical situations would undoubtedly increase trust among Member States. It would also reduce recourse to unilateral initiatives by Member States to temporarily reintroduce internal border controls or to intensify police checks in internal border regions which inevitably slow down the crossing of internal borders for everyone. Such a mechanism may therefore need to be introduced, allowing for a decision at the European level defining which Member States would exceptionally reintroduce internal border control and for how long. The mechanism should be used as a last resort in truly critical situations, until other (emergency) measures have been taken to stabilise the situation at the relevant external border section either at European level, in a spirit of solidarity, and/or at national level, to better comply with the common rules. The Commission is exploring the feasibility of introducing such a mechanism, and may present a proposal to this effect shortly.

[***]

One of the main purposes of the Common European Asylum System is to reduce the wide divergence in the outcome of asylum applications lodged in different countries of the EU, and to ensure a common set of procedural and substantive rights which can be relied on across the Union, while ensuring full compliance with the 1951 Geneva Convention on refugees and other relevant international obligations.

In 2010, there were some 257 800 asylum seekers registered in the EU, or 515 applicants per million inhabitants. Ten Member States accounted for more than 90% of applicants registered in the EU17.

It is time to complete the Common European Asylum System by reaching agreement on a balanced package by the 2012 deadline agreed by the European Council in December 2009. To that end, the Commission will shortly put forward modified proposals on the Reception Conditions and the Asylum Procedures Directives. A balanced agreement on the revision of the Dublin Regulation must be reached, including on a last resort emergency mechanism in case of exceptional pressures, and on the revised Eurodac system.

[***]”

Click here for the Communication – COM(2011) 248 final.

Click here for Commission Press Statement and here for Commission FAQs.

Click here for French Government’s Point de Presse.

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by | 02 May 2011 · 06:02

2500+ New Migrant Landings in Lampedusa; Italy and Malta in New Diplomatic Dispute Over Search and Rescue Responsibilities

Migrant boats carrying over 2500 persons arrived in Lampedusa over the weekend.  The boats are all believed to have departed from Libya.  Improving sea conditions are thought to be responsible for the new surge in migrant boats.  Italy has said it will lodge a formal diplomatic complaint with Malta over what it says was Malta’s failure to rescue a migrant boat in distress.  The migrant boat in question was apparently closer to Lampedusa than to Malta, but was within the Maltese SAR zone when a distress call was made.  Maltese authorities said they were unable to send their patrol boats to the boat that was in distress due to bad sea conditions.  Italian coast guard boats eventually provided assistance while NATO and Armed Forces of Malta aircraft provided air surveillance.

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

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by | 21 Apr 2011 · 13:59

Cyprus, Greece, Italy, Malta, & Spain Issue Joint Communiqué Regarding Response to North African Migration

Ministers of Home Affairs and Internal Security from Cyprus, Greece, Italy, Malta, and Spain, met in Nicosia on 19 April and issued a Joint Communiqué.  Here is the full text (HT to EASO Monitor):

“Joint Communiqué II

(Nicosia, 19 April, 2011)

Following the meeting in Rome on the 23rd February 2011, the Home Affairs and Internal Security Ministers of Cyprus, Greece, Italy and Malta as well as the representative of the Minister of Interior of Spain, met again today in Nicosia and discussed the continuing dramatic developments in the Southern Mediterranean region. At the end of the meeting it was decided to issue the following Joint Communiqué.

The Home Affairs and Internal Security Ministers of the Mediterranean Member States of the EU:

Recalling our February 23rd,2011 Joint Communiqué, we have repeated our utmost concern for the unfolding events in relation to the humanitarian situation as well as to the massive illegal immigration flows and movements of possible beneficiaries of international protection that affect our countries;

Taking into account that the escalating events in countries of Northern Africa and the greater Middle East are destabilising the region and acknowledging that political reforms and democratic transitions will not take effect immediately and that their outcome is still uncertain;

Bearing in mind Europe’s longstanding tradition and commitment to the provision of international protection to people in need, in accordance with the Geneva Convention and in line with humanitarian principles and full respect of human rights;

Underlying that security and stability in the Mediterranean is directly linked to the security and stability of the EU as a whole and that effective response to this challenge requires joint efforts, commitment and solidarity from all EU Member States;

Stressing that the current emergency situation with regard to the massive illegal immigration flows and movements of possible beneficiaries of international protection brings upon the Mediterranean Member States additional social, economic, administrative and demographic burden, to that already prevailing;

Recalling the already existing intense and continuous migratory pressure at the south eastern external borders of the EU;

Expressing deep concern about the conflict in Libya and its consequences in terms of sufferings of countless human beings and growing number of displaced persons fleeing the war and taking into account that huge number of people in need of international protection could arrive at the most exposed Mediterranean Member States in the immediate future;

Emphasizing that the possible prolongation of such influxes of illegal migrants and asylum seekers to the Mediterranean Member States, cannot be managed without the concrete and substantial support and solidarity from the rest of the EU’s Member States; alternatively, the situation will seriously jeopardize our ability, and subsequently the Union’s ability, to manage the displaced persons and provide those in need with international protection as well as undermine our common security;

Stressing that the arising situation will challenge and undermine the efforts of those Member States to reform their overburdened national asylum systems;

Reaffirming the urgent necessity for EU to provide concrete and immediate support to Member States on the EU southern external borders;

Stressing the need for additional actions and policies with a view to implement the EU principle of solidarity and fair sharing of responsibility as expressed in the Treaty on the Functioning of the European Union and in line with the Stockholm Programme, the European Pact on Immigration and Asylum, the Global Approach to Migration, the relevant European Council Declaration of 11 March 2011 and Conclusions of 24 and 25 March 2011, the JHA Council Conclusions of 11and 12 April 2011 on the management of migration from the Southern Neighbourhood and the JHA Council Conclusions of 25 and 26 February 2010 on 29 measures for reinforcing the protection of the external borders and combating illegal immigration;

Therefore we, the Ministers of Home Affairs and Internal Security of the EU Mediterranean Countries, have adopted a common position on the emerging situation in our region and urge the European Union to practically offer operational as well as financial support to Member States which face mass and disproportionate mixed migration flows, by fully mobilizing all available EU assets, instruments and capabilities, either existing or additional ones,.

Particularly, as the competent Ministers of the EU Mediterranean Member States, urge the European Union to:

Urgently present and implement proposals on the Global Approach to Migration as well as on Mobility Partnerships, in a spirit of genuine cooperation with the countries of the Southern Neighbourhood Region, also to effectively control and manage the current and the anticipated mass migration flows as well as situation-specific schemes on return and readmission.

Call on FRONTEX to immediately implement the provisions set out in section 5 of the JHA Council Conclusions of 11 April 2011, to speed up negotiations with the countries of the region – and in particular with Tunisia – with a view to concluding operational working arrangements, and organising joint patrolling operations in cooperation with Tunisian authorities and in application of all relevant international Conventions, in particular the UN Convention on the Law of the Sea (“the Montego Bay Convention”).

Call on FRONTEX to intensify the monitoring of the situation based on risk analysis and encourage Member States to provide the Agency with further human and technical resources so as to continue its ongoing operations (Joint Operation Hermes, Joint Operation Poseidon Land and Sea and the possible deployment of a RABIT operation in Malta) in the light of the emerging situation. Furthermore, call FRONTEX to expand its operations, where and when necessary, to prevent illegal flows in the eastern Mediterranean area of Egypt and Syria. To this end, further adequate financing of FRONTEX should be considered so as to increase the Organization’s capabilities to fulfil successfully its tasks.

Enhance the operational capacity and the coordinating role of the FRONTEX Operational Office in Piraeus in order to effectively deal with the situation;

Accelerate work on the FRONTEX Amending Regulation with a view to an agreement by June 2011 which will strengthen its capacity, make it truly operational and improve its synergy with other bodies.

Promote practical cooperation with the countries of origin or transit of illegal migrants in the region in preventing and fighting illegal migration flows, inter alia by concluding Readmission Agreements, developing Voluntary Return Programmes, enhancing their capacity of border management and surveillance, expanding the Immigration Liaison Officers Network, promoting legal migration by exploring the possibility of concluding mobility partnerships;

Encourage Member States to expedite discussions on the proposal for recasting the Dublin II Regulation, including a mechanism to suspend the transfers to Member States facing particular pressure on their national asylum systems.

Urgently mobilize all available financial assistance through the External Borders Fund and European Refugee Fund and in addition, as section 4 of the JHA Council Conclusions of 11 April, 2011 reads, activate supplementary funds that can be made available to Member States or FRONTEX at short notice when needed. In this vein establish a special solidarity Fund, when necessary, to tackle exceptional emergency situations and humanitarian crisis.

Deploy every available possibility by the European Asylum Support Office to offer practical support to the Member States of the Mediterranean Region in need. A permanent specialised mechanism should be set up through the EASO, which, at exceptional emergency situations, will provide Member States in need with the necessary logistical and technical support.

As a matter of priority, present a proposal for implementing a coherent and comprehensive mechanism for distributing responsibilities, on a voluntary basis, specifically regarding the relocation of beneficiaries of international protection among member states, in case of European countries faced with particular pressures, as a consequence of their geographical or demographic situation, especially when facing the sudden arrival of third country nationals in need of international protection.

Commit to the work on establishing a Common European Asylum System with a view to respect the 2012 deadline.

We the Ministers of the Mediterranean Member States of the EU agreed to meet again soon, at a date to be agreed, in order to further coordinate our efforts before the European Council of June this year.”

Click here for document.

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by | 15 Apr 2011 · 06:24

French PM Fillon: Frontex Should Intercept and Return Migrants Directly to Tunisia

French Prime Minister Francois Fillon, after meeting yesterday with  EC President Jose Manuel Barroso, said that it does not make sense to intercept Tunisian migrants at sea and then bring them to Lampedusa; it would make better sense if the Frontex mission based in Italy intercepted Tunisian migrant boats at sea and returned them directly to Tunisia.

Fillon said: “There is no rule that provides for the reception and free movement on European territory of illegal economic migrants. A large portion of the Tunisian migrants who have arrived in Italy, are not destined, as some suggest, to be resettled in different European countries, they are destined to return to their country.” («Il n’y a aucune règle qui prévoit l’accueil sur le territoire européen et la libre circulation des immigrants économiques clandestins. Une grande partie des ressortissants tunisiens qui sont arrivés en Italie, n’ont pas vocation, comme certains le proposent, à être répartis dans les différents pays européens, ils ont vocation à retourner dans leur pays.»)  Italian Foreign Minister Franco Frattini praised Fillon’s proposal.

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

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by | 14 Apr 2011 · 05:05

Migrant Boat From Libya Sinks Off Pantelleria – 2 Dead, 100+ Rescued

A migrant boat sank yesterday just off shore of Pantelleria, an Italian island approximately 150 km northwest of Lampedusa.  The boat was carrying approximately 250 people and ran around on rocks near the entrance to the port.  The boat had been intercepted earlier in the night by an Italian naval vessel and was being escorted to Pantelleria.  It is not clear why the migrant boat was unable to enter the harbour safely.  Two young women died.

Click here and here for articles.  (IT)

AFP PHOTO/ Francesco Malavolta/Getty Images

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by | 11 Apr 2011 · 15:40

JHA Council Conclusions on the management of migration from the Southern Neighbourhood – 11 April 2011

Excerpts from today’s JHA Council Conclusions:

[***]

5. The Council calls on FRONTEX to continue to monitor the situation and prepare detailed risk analyses on possible scenarios with a view to identifying the most effective responses to them, and also invites FRONTEX to speed up negotiations with the countries of the region – and in particular with Tunisia – with a view to concluding operational working arrangements, and organising joint patrolling operations in cooperation with Tunisian authorities and in application of all relevant international Conventions, in particular the UN Convention on the Law of the Sea (“the Montego Bay Convention”).

6. The Council urges Member States to provide further human and technical resources to support the Agency’s operations, and in particular the existing Joint Operations Hermes, Poseidon Land and Sea and the possible deployment of a RABIT operation in Malta, in accordance with needs identified by the Agency in the light of the developing situation.

7. In order to rapidly strengthen the competences of FRONTEX and put more effective tools at its disposal, the Council agrees to accelerate negotiations on amending the FRONTEX Regulation, in cooperation with the European Parliament, with a view to reaching agreement by June 2011.

8. The Council underlines the need to promote all relevant forms of cooperation on a performance-based approach in the field of migration, mobility and security with the countries of the region that are sufficiently advanced in their reform progresses, and that effectively cooperate with the EU and its Member States in preventing illegal migration flows, managing their borders and cooperating in the return and readmission of irregular migrants. The Council stresses the need for early progress in the area of return and readmission in the case of relevant third countries, and recalls in particular that all States have an obligation to readmit their own nationals.

[***]

10. The Council welcomes the outcome of the visits of the Presidency and the Commission to Egypt and Tunisia and the intention of the Commission to follow-up these visits by setting up dialogues with the authorities of these countries at senior officials’ level, in which Member States will also participate, and which will be aimed at promoting the swift development of cooperation on the management of migration flows. This dialogue should in first instance, focus on the identification and promotion of measures which can contribute in a concrete and effective way to the prevention of illegal migration, to the effective management and control of their external borders, to the facilitation of the return and readmission of irregular migrants, and to the development of protection in the region for those in need, including through regional protection programmes. Subsequently, this dialogue could explore the possibilities for facilitating people-to-people contacts using instruments such as mobility partnerships.

11. The Council stresses the importance of offering durable protection solutions to those in need of international protection present in the countries of the Southern Neighbourhood, and, in this respect, calls on the Commission and the Council’s preparatory bodies to examine the possibility of assisting those countries in capacity building in the area of international protection, including by activating existing regional protection programmes, and assessing the need for additional programmes in the region.

12. The Council recalls that resettlement of refugees on a voluntary basis, in particular those living for some years in a situation of protracted displacement and vulnerability, and having no other perspective, can represent a durable solution for them. The Council takes note of the willingness of certain Member States to consider offering resettlement opportunities for the refugees present in the region. The Council invites Member States to continue supporting UNHCR in the development of resettlement programmes and calls on the Commission to identify solutions for supporting financially such resettlement actions.

13. The Council underlines that the measures mentioned in the paragraphs above represent the immediate answer to the crisis situation in the Mediterranean, but that it is also crucial to put in place a more long-term sustainable strategy to address international protection, migration, mobility and security in general, and taking also the secondary movements to other Member States into account.

14. The Council welcomes the Commission’s intention to come forward for that purpose with proposals in response to the Declaration of the Extraordinary European Council of 11 March and the Conclusions of the European Council of 24-25 March, and notes that the Presidency stands ready to convene an extraordinary meeting of the Council on 12 May if necessary in the light of developments and to further consider these matters.”

Click here for full document.

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by | 11 Apr 2011 · 06:10

Statement: European Commission’s response to the migratory flows from North Africa

The European Commission released a statement on 8 April summarising its actions.  Excerpts:

“[***]

Measures addressing the migration flows towards the European Union

Urgent measures already undertaken

The massive displacement of populations from several North African countries has been putting the protection and reception systems of some of the EU Member States, in particular in Italy and Malta, under increasing strain. The European Union has responded to these serious challenges in a rapid and effective manner with the aim of stabilizing the situation.

Frontex has deployed the Joint Operation EPN Hermes Extension 2011 to assist the Italian authorities in managing the influx of migrants from North Africa, most of whom have been arriving on the island of Lampedusa. This mission was launched on 20 February 2011, only four days after receiving the official request from the Italian authorities, a clear signal of solidarity between Member States. FRONTEX stands ready to continue the mission as long as it will be necessary, and to expand it, provided that Member States will make available the necessary staff, vessels and equipment. In view of the above the Commission is launching the necessary procedures for reinforcing the FRONTEX 2011 budget with an additional EUR 30 million.

Europol has also deployed a team of experts to Italy in order to help the national authorities to assist in detecting and preventing possible criminal of trafficking of human beings.

Regarding the financial needs linked with the displacement, the Commission’s four migration-related funds (the External Borders Fund, Return Fund, Refugee Fund and Integration Fund) are available to Member States. For example, Italy, one of the major beneficiaries of these funds, has been allocated €55 million for 2010 and €75 million for 2011. Moreover, the Commission makes available an additional €25 million of emergency funding which can be quickly mobilised under the External Borders Funds and European Refugee Fund.

What measures could be undertaken in the short-term?

Should the inflow of irregular migrants and possible refugees continue, the Commission envisages a number of short-term measures that might be taken.

Reinforcing Frontex

  • 1) The Joint Operation EPN HERMES Extension coordinated by FRONTEX could be considerably strengthened, with additional technical resources made available by Member States, and adequate financial resources.
  • 2) It is essential that FRONTEX is finally given a stronger operational mandate through a revision of its legal basis, which the Commission tabled in February 2010 (IP/10/184)
  • 3) FRONTEX should speed up negotiations to conclude working arrangements with the countries of origin and transit of irregular migration in the Mediterranean in the region (for example, with Egypt, Morocco and Turkey), and receive a mandate to negotiate similar working arrangements with other relevant countries (for instance Tunisia)

Resettlement of third country nationals

The continuous and possible increase in the flow of refugees (e.g. Somalis, Eritreans etc.), in need of international protection, coming from Libyan territory is an issue of major concern. The EU will not only continue to provide humanitarian assistance through its humanitarian office (ECHO), but it is also ready to offer through the European Refugee Fund financial support in view of facilitating the resettlement of persons in need of international protection. Resettlement represents not only a life-saving measure for the refugees concerned, but is also an important responsibility-sharing gesture towards the countries hosting them. Showing solidarity with the countries neighbouring Libya that are under pressure through resettlement can help to maintain ‘protection space’, as well as contributing to dialogue and cooperation on other issues of migration and border management.

The Commission has therefore been encouraging EU Member States to offer resettlement places, in a spirit of responsibility-sharing and in close cooperation with the United Nations High Commissioner for Refugees (UNHCR). A meeting was held with Member States on 25 March at which details of the most urgent needs were explained by the UNHCR and the International Organisation for Migration (IOM), both of whom are actively engaged on the ground in the region.

The current crisis in the Mediterranean clearly demonstrates how imperative it is that the Council and the European Parliament make an effort to rapidly reach an agreement on the adoption of the Commission’s proposal for the establishment of an EU joint resettlement programme. This proposal would provide a structured basis for annual priority-setting, and linking those priorities with financial incentives, thereby encouraging more Member States to become involved in resettlement activities, and enhancing practical cooperation between Member States to that end.

Solidarity / Temporary Protection Directive

In the event of a massive inflow of persons who are likely to be in need of international protection, the Commission would expect Member States to demonstrate concrete solidarity with each other by directly assisting the States bearing the greatest burden. This could involve the relocation to other Member States of some persons seeking protection, or who have already received an international protection status.

Concrete assistance could likewise be provided by the newly-created European Asylum Support Office, one of whose central tasks is coordination of assistance to Member States whose asylum systems are under exceptional pressure. This could involve the deployment of so-called ‘asylum support teams’ to reinforce the capacities of a State to process asylum claims and to ensure appropriate reception conditions for asylum seekers.

The Commission would also be ready to consider proposing the use of the mechanism foreseen under the 2001 Temporary Protection Directive (2001/55/EC), if the conditions foreseen in the directive are met. Consideration could only be given to taking this step if it is clear that the persons concerned are likely to be in need of international protection, if they cannot be safely returned to their countries-of-origin, and if the numbers of persons arriving who are in need of protection are sufficiently great. Resort to this mechanism would allow for the immediate protection and reception in the territory of EU Member States for persons concerned, as well as offering a “breathing space” for the national asylum systems of the Member States most directly affected.

[***]”

Click here for full Statement.

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by | 11 Apr 2011 · 05:59

Frontex Will Not Participate in Joint Italian-French Naval Patrols Along Tunisian Coast

Frontex Director Ilkka Laitinen said at a Friday press conference that Frontex will not participate in the naval patrols that France and Italy have said they will carry out along the Tunisian coast in an effort to block the departures of migrant boats from Tunisia.  Laitinen said Frontex could not enter Tunisian territorial waters without a specific agreement with Tunisia and no such agreement exists.

A statement on the Italian Foreign Ministry web site seems to suggest that France and Italy are contemplating joint naval patrols along the North African coast in general, not just along the Tunisian coast: France and Italy will conduct patrols “on the North African coast, especially Tunisia, to stop the departures.”  (sulle coste nordafricane, in particolare quelle tunisine, per bloccare le partenze.)

Click here (IT) for article.

Click here (IT) for statement on Italian Foreign Ministry web site.

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by | 11 Apr 2011 · 05:29

Italy to Begin Two Daily Repatriation Flights to Tunisia; Frontex Also Seeking Agreement with Tunisia to Expedite Returns

Prime Minister Silvio Berlusconi said two daily repatriation flights to Tunisia will begin today, Monday.  Frontex Director Ilkka Laitinen said Frontex is “trying to put in place ‘as soon as possible’ a new protocol with Tunisia on sending back irregular migrants….  Laitinen told a group of journalists in Brussels on Friday (9 April) that: ‘For the time being there have been no joint returns to Tunisia co-ordinated by Frontex, as we have no working arrangement with the relevant authority.’”

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

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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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Filed under France, Frontex, General, Italy, Mediterranean, News, Tunisia

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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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