Tag Archives: Libya

by | 08 Oct 2010 · 03:36

Erika Feller’s Comments Regarding Boat People and Irregular Secondary Movements

During her annual address to the UNHCR’s Executive Committee on 6 October, Assistant High Commissioner for Protection Erika Feller reviewed significant protection issues over the past year, noting also that 2010 marks the 60th anniversary of the founding of the UNHCR in December 1950 and the 59th anniversary of the Refugee Convention.

Among the topics she addressed were the challenges posed by the arrival of irregular secondary movements of migrants, including boat people.  She is critical of interdiction practices being carried out throughout the world and makes the strong point that “[t]he evidence suggests that tough sea policies have not solved, just changed and indeed complicated the dynamics, of irregular movements.”  While Ms. Feller does not identify countries by name, she is apparently referencing increased maritime interdiction in the Aegean Sea and the resulting surge in irregular crossings along Greece’s land borders.  The point could also be made in regard to the Italian push-back practice.

Excerpts from her address:

“Arrivals of undocumented migrants continue to test the capacity of States, with the problem of so-called “irregular secondary movement” exacerbated in recent years by boat arrivals. The Pacific, the Mediterranean, the Caribbean or the Gulf of Aden are all regular theatres, with ‘boatpeople’ being interdicted, intercepted, turned around, ignored by passing ships, shot at, or denied landing. Even when rescued, disembarkation somewhere has no guarantees attached, as an incident currently playing out off the Somalia/Djibouti coasts starkly reminds us.

All this is seriously at odds not only with protection principles but also with the reality that when they manage to gain access to territory and asylum processes, a large percentage of asylum-seekers who come by boat are actually found to be refugees. …

Boat arrivals can provoke fears and high emotions which may be difficult for Governments to manage. However, in our experience, an approach built predominantly around closing borders and trying to prevent movement is not the answer, as it does not work. In fact it can make situations even more difficult to deal with. Developments in relation to one country that has pursued a tough policy towards boats are actually quite revealing. While arrivals by sea are dramatically down, arrivals by land have basically doubled. In addition, while sea arrivals had been able to be concentrated through being channeled to one main reception point, land arrivals now come through multiple crossing points and have been able to disperse more effectively and rapidly through the community, below any radar screen. The evidence suggests that tough sea policies have not solved, just changed and indeed complicated the dynamics, of irregular movements….

The phenomenon of refugees on the move for non-protection reasons is also growing. Numbers and categories vary with the regions but the concern is global. On the African continent, where camps are more the norm than the exception, it is preoccupying that camp environments are starting to be compromised by a form of transit migration to and through them, with refugees, and others, seeking to use their facilities for R&R en route to a more distant destination. Just as concerning has been the misuse of reception centers as way-stations, or even lucrative recruitment opportunities for smugglers and traffickers. These facts are not a rationale for abandoning camps or centers. They are, though, a solid reason to rethink how better to manage them within a burden sharing framework….”

Click here for full address.

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by | 06 Oct 2010 · 20:05

Cecilia Malmström: Back From Libya

Commissioner Malmström writes her own blog, Cecilia Malmström Mitt Europa (My Europe).  Here is her most recent posting regarding her trip to Libya (translated from Swedish with Google Translate).  There are several points worth noting – and worrying about.  She notes that Libya is not a signatory to the 1951 Refugee Convention or 1967 Protocol.  (Though Libya is a signatory to the OAU Refugee Convention.)  She suggests that the new migration agreement between the EU and Libya will involve the UNHCR, but no insight is offered regarding whether or how the UNHCR might return to Libya.  She concedes that the European Commission does not know all of the details of the bi-lateral agreement between Italy and Libya which has resulted in the current push-back practice in the central Mediterranean.  And she seems to say that she was greatly troubled by what she saw when she visited one of the southern migrant detention centres in Libya during her official trip.

Translated excerpts:

“Just returned from Libya … I have been there to try to initiate a dialogue between the EU and Libya on issues relating to asylum, migration and international protection. … I believe it is necessary to have a dialogue with Libya.

Libya has not signed the Geneva Convention and the concept of asylum is not in Libyan law. … Since Italy and Libya signed an agreement, which we unfortunately do not know everything about, it has basically been that case that no boats are crossing the Mediterranean.

Against this background, I see it as progress that the first time we have agreed a text with Libya, a version of a plan for cooperation, which deals with issues of asylum and international protection…  Our aim is to identify people in need of international protection, while helping Libya to raise standards in the detention centres in order to provide decent conditions to people. We also address the issues of border control, labor migration and human smuggling in this plan for cooperation. From the EU side, we are prepared to put up 50 million euros over three years to support reforms. These will obviously not be given as a blank check to Libya but will be provided using the guidelines of the European Commission. For example, we support specific projects by various organizations, including the UNHCR.

Besides holding talks with Libyan ministers, I also visited Libya’s southern border in the middle of the desert, observed International Organisation for Migration activities in Libya, and visited one of the detention centres where many migrants have ended up. I had the opportunity to talk to some of the people there.  Several of these stories that I heard have kept both me and my staff awake at night. …”

Click here for the full posting.

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by | 06 Oct 2010 · 05:28

EU and Libya Sign “Unclear” Migration Cooperation Agreement

At the end of a two day visit to Tripoli, 4-5 October, Cecilia Malmström, European Commissioner for Home Affairs, and Štefan Füle, European Commissioner for Enlargement and European Neighbourhood, signed a “migration cooperation agenda” with Libya.  The European Commission issued a Press Release with details of the negotiations and signed agreement.

The specific contents of the full agreement and negotiations however are not clear.  “‘What worries us is the vagueness of the deal,’ Annelise Baldaccini from Amnesty International told [euobserver.com]. ‘We do not know what the EU has signed up to. It mentions for instance addressing the burden of recognised refugees and rejected asylum seekers, but it does not say what this involves.’”

Here are some excerpts from the Commission press release:

In the framework of the visit an agreement on a migration cooperation agenda was signed yesterday evening in Tripoli by Commissioner Malmström, Commissioner Füle, M. Moussa Koussa, the Secretary of General People’s Committee for Foreign Liaison and International Cooperation, and M. Yunis Al-Obeidi, the Secretary of General People’s Committee for Public Security. This is a Cooperation agenda between the European Commission and Libya, including concrete steps on border surveillance system, mobility-related issues, smuggling and trafficking in human beings, and dialogue on refugees and international protection.

Commenting the signature of the Cooperation agenda Commissioner Malmström said: ”It is my objective to put the protection of fundamental rights of all people involved in migratory and asylum flows at the centre of our efforts in the EU relationship with Libya. The Cooperation Agenda will enable us also to promote initiatives aimed at better protecting and assisting the rights of migrants and refugees’.

Commissioner Füle said: “I welcome agreeing on this cooperation agenda because this is an important first step to solve the serious challenge irregular migration poses not only to Libya but also to the EU. This step is part of the much broader relationship we are trying to build together. It was clear from our talks in Tripoli that both EU and Libya have at heart to sustain the new momentum in our relationship over recent months.”

The EU and Libya also discussed the establishment of an informal group of senior officials that would oversee the implementation of the list of possible initiatives in the field of migration cooperation. The proposed initiatives will be implemented through a variety of means, ranging from the sharing of experience and best practices, as well as financing of actions, including the acquisition of equipment in accordance with applicable rules.

Both sides agreed on the following initiatives for possible further dialogue and cooperation.

1. Regional and Pan african dialogue and cooperation

  • Increasing joint efforts in the development of African countries of origin of migration. This would build on the serious and substantial efforts of Libya and the European Union as major donors to African countries. In this context, the EU and Libya will continue to address root causes of migration in the countries of origin of migrants travelling through Libya and creating viable alternatives to migration in these countries.
  • The EU and Libya will support awareness campaigns to take place in main countries of origin of migrants transiting through North Africa and Libya specifically to alert migrants to the dangers of irregular migration.
  • Libya and the EU will work together in the implementation of the “Declaration of Tripoli on Migration and Development” of 2006, and the EU-Africa Migration, Mobility and Employment Partnership adopted in Lisbon in 2007.
  • Libya and the EU will increase dialogue and exchange information regarding the issue of smuggling of human beings and related illicit traffics reaching Libya from other countries and the EU from Libya.
  • Libya and the EU will also establish an informal consultative group that will exchange information on development policies benefitting Africa, and possibly also to identify development projects in sub Saharan Africa. This group will be composed by the Libyan administration, by the representatives of the European Commission and of the EU member States which are willing to participate.

[***]

3. Ensuring effective management of migratory flows

  • Supporting the development in Libya of a more efficient system to manage labour migration. This could be done by allowing to maximise the skills of the migrants already present in the country and of the newcomers.
  • Enhancing the capacities of Libyan authorities, Libyan NGOs and international organisations, to properly launch and implement search and rescue operations aimed at saving lives of migrants in the desert or on high seas and to provide them with the necessary humanitarian assistance.
  • Providing decent treatment, reception and assistance – in line with international standards – to irregular migrants intercepted or readmitted or to be returned by Libyan authorities, or stranded in Libya, with focus on migrants belonging to vulnerable categories (like unaccompanied minors, victims of trafficking; pregnant women, and families with small children). This could build on the activities already carried out in Libya by the local authorities, international organisations and NGOs.
  • Offering assisted voluntary return home to irregular migrants intercepted or readmitted or to be returned by Libyan authorities, or stranded in Libya or in the countries of origin, as well as offer support for their social and professional reintegration.
  • Enhancing the capacity to address smuggling and trafficking in human beings, with reference in particular to the two respective protocols of the 2000 UN Convention on the Trans-national organised Crime, and in view of reinforcing the capabilities of law enforcement officials in charge of the implementation of this legislation, by taking also into the account the Ouagadougou Action Plan to combat Trafficking in Human Beings.

4. Border management

  • Carrying out a gap-analysis on the current functioning modalities of the Libyan border and immigration services, aimed at reinforcing the capacity of the latter to prevent the irregular migration flows from entering Libya from its Southern borders.
  • Strengthening cooperation between Libya and the neighbouring and other transit and origin countries, in the border surveillance and in the prevention of attempts of irregular migrants and smugglers to violate Libyan borders, through promoting joint patrolling, intelligence sharing, the development of joint training, the facilitation of working contacts and the establishment of dedicated communication channels aimed at transmitting early warnings and sensible data.
  • Supporting the development of Libyan patrolling, search and rescue capacities in its territorial waters and at high sea. Delimiting the search and rescue region for which it Libya is responsible, pursuant to the SAR Convention it has ratified.
  • Establishment of an integrated surveillance system along the Libyan land borders, with focus on the areas prone to irregular migration flows, in line with the Memorandum of Understanding agreed between Libya and the European Commission on 23 July 2007.
  • Exploring concrete possibilities of cooperation between Libyan police, border, migration authorities and agencies and those of the EU Member States as regards the return and readmission of irregular migrants.

5. International Protection

  • Supporting Libya in its efforts aimed at establishing a protection system able to deal with asylum seekers and refugees in line with international standards and in good cooperation with the competent international organisation , in particular through providing advice on the development of a legislation in line with the 1969 African Union Convention Governing the Specific Aspects of Refugee Problems in Africa as well as providing training, technical assistance and equipment in view of promoting the development of administrative structures and human resources, able to properly act in line with this legislation
  • Assisting Libyan authorities in screening migrants in order to identify those in need of international protection and in addressing the burden represented both by the recognized refugees and the unsuccessful asylum seekers, and which would consist in resettling some of the recognized refugees towards EU Member States, in supporting the voluntary return of some of the unsuccessful asylum seekers back to their origin country, as well as in enhancing the reception capacities offered in Libya to asylum seekers and refugees.

Click here for full European Commission Press Release.

Click here, here, and here for articles.

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by | 27 Sep 2010 · 04:51

Libyan Court Delays Ruling in Mass Trafficking Trial

According to the Libyan newspaper Oya (or Oea), the State Security Court has delayed its ruling in the mass human trafficking trial involving approximately 520 defendants until 17 October.

Click here for article. (AR)

Click here for previous post.

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by | 20 Sep 2010 · 06:43

HRW Calls on Libya to Halt Firing on Migrant Boats

Human Rights Watch on 16 September called on the Libyan government to “immediately end what appears to be a policy that allows shooting at boats carrying migrants from Libya to Italy.”  HRW also called for Italy to stop participating in joint patrols with Libya.

The request was made as a result of the incident on 12 September when a Libyan patrol boat fired on an Italian fishing vessel.  After the incident, Italian Interior Minister Roberto Maroni suggested that the Libyans “perhaps…confused the fishing boat for a boat with illegal migrants.” [”Posso immaginare che i libici abbiano confuso il peschereccio con una imbarcazione con immigrati irregolari, ma posso immaginare soltanto.”]

Bill Frelick, Refugee Program director at Human Rights Watch, said “the Libyans and Italians appear to agree that it was a mistake to shoot at Italian fishermen, but imply that it’s OK to shoot at migrants. The bullet-riddled boat shows a reckless use of potentially lethal force that would have been just as bad if it had actually targeted nonthreatening migrants.  This incident shows once again the dangers when an EU member outsources its border controls to third countries.  Italy should immediately end its agreement with Libya aimed at intercepting migrants trying to leave Libya.”

Click here for full HRW statement.

Click here and here (IT) for articles.

The arrows indicate the holes left by shots fired from a machine gun against a Libyan patrol boat fishing boat fleet of Mazara del Vallo, Aries (Ansa)

Click here for photo source.

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by | 19 Sep 2010 · 19:16

Libyan State Security Court Expected to Rule Soon in Human Trafficking Trial Involving 500+ Defendants

The Libyan newspaper Oya (or Oea) reported this past week that the State Security Court is expected to issue a ruling on 26 September in a mass human trafficking trial involving approximately 520 defendants.  The trials have been ongoing since at least May 2010.  The defendants reportedly include members of the armed forces, public security, and Navy. They have been charged with offences relating to human trafficking and facilitating illegal immigration from Libya to Italy.

Click here for article. (AR) (Recently I have not been able to get Google Translate to work with Arabic.  I am therefore “reading” Arabic via these two sites: http://www.appliedlanguage.com/web_translation.shtml?s=dd and http://translation.babylon.com/ .)

Click here and here for previous posts on the trial.

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by | 15 Sep 2010 · 05:33

Patrol Boat Given to Libya by Italy Fires On Italian Fishing Vessel

One of the six Italian patrol boats given to Libya by the Italian government to assist in efforts to stop migrants from leaving Libya fired on an Italian fishing boat in the Gulf of Sirte on Monday.  An Italian official was on board the Libyan vessel as an observer during the incident.  Libya apologised for the incident which is being investigated.

Click here and here for articles.

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by | 19 Jul 2010 · 06:35

EUROSTAT Q1 2010 Asylum Statistics for EU27 Countries

EUROSTAT released updated data on 15 July for the First Quarter of 2010.  The report is entitled: Asylum applicants and first instance decisions on asylum applications in Q1 2010 (Doc. 32/2010).

Notable statistics include reductions of over 50% in the number of asylum applicants in three countries, Malta, Italy, and Greece, relative to the First Quarter of 2009.  Malta had the largest reduction of approximately 95%.

The reductions in Malta and Italy are almost certainly due to Italy’s push-back practice.  Though the first migrant arrivals in Malta in 2010 occurred this past weekend, 17 July, when 55 migrants on a sinking vessel were intercepted by Maltese and Libyan patrol boats.  The Times of Malta reported that the migrants were “shared out” between the Maltese and Libyan patrol boats.  28 migrants were brought to Malta and 27 were apparently taken to Libya.

Click here for the full EUROSTAT document.

Click here for Times of Malta article.

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by | 15 Jul 2010 · 04:17

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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by | 09 Jul 2010 · 05:00

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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by | 09 Jul 2010 · 04:17

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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by | 09 Jul 2010 · 04:10

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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by | 08 Jul 2010 · 06:36

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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by | 08 Jul 2010 · 06:11

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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by | 27 Jun 2010 · 06:42

Libya to Permit UNHCR to Resume Limited Activities

The UNHCR announced on Friday that it has received permission to resume some activities in Libya.  The UNHCR said that “its operations will be restricted to only its current caseload” in Libya.

Libyan officials have offered several reasons for why the Libyan government ordered UNHCR to cease operations several weeks ago, including complaints that UNHCR entered into cooperation agreements with local NGOs within Libya without authorisation, rented office space without permission, displayed the UNHCR logo improperly, and, most recently, that one or more persons associated with UNHCR accepted bribes and/or sexual favours from persons in exchange for refugee status.

“UNHCR spokesperson Adrian Edwards stressed that the Libyan allegations remain unsubstantiated. He told journalists in Geneva that talks on the agency’s future in the country will resume shortly and that the expulsion order has not yet been formally lifted. ‘UNHCR does take very seriously any accusation against any UNHCR staff member from whatever source,’ he said. ‘We have a zero tolerance policy for misconduct. We have asked the Libyan Government to substantiate these particular claims. If and when we receive these indications, we will be in a position to investigate through our normal procedures.’”

Click here for UN statement.

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

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