Tag Archives: Malta

by | 05 Feb 2010 · 05:27

Background Note Pertaining to Proposed Guidelines for Frontex Operations at Sea

Given the strong objections by Malta and Italy to the proposed Guidelines for Frontex Operations at Sea, the “Note for the File” pertaining to the “Draft Council Decision supplementing the Schengen Borders Code as regards sea border surveillance in the context of operational cooperation coordinated by FRONTEX (COM(2009)658) as amended by the Council on 25 January 2010” is worth reading.

The “Note” explains the origins of the Guidelines and the additional procedures which will need to be completed before the Guidelines take effect:

“Note for the File:

The questions of who is responsible for saving people at sea and where they should be disembarked have been subject to intense debates in the context of surveillance operations concerning the EU’s sea borders coordinated by Frontex. The operations take place in a highly complex legal and political environment and touch upon international law issues and on the EU’s relations with third countries.

After long preparatory work, including a study on the relevant international law instruments completed in 2007, the Commission drafted a set of guidelines intended to

  • ensure that international rules are uniformly applied by all Member States taking part in surveillance operations coordinated by Frontex (Convention on the Law of the Sea (UNCLOS), conventions on safety at sea and search and rescue, international law on refugees and fundamental rights) and
  • create a basis in EU law enabling one Member State to carry out surveillance of another Member States’ maritime borders.

The Commission presented the draft guidelines in the form of an implementing measure, based on Article 12 (5) of the Schengen Borders Code.  This provision, together with Article 33 of the Borders Code, authorises the Commission to adopt additional measures governing border surveillance in accordance with the regulatory procedure with scrutiny as laid down in Council Decision 1999/468/EC (“comitology decision”).

After the entry into force of the Treaty of Lisbon this procedure continues to apply until the basic legal act, the Schengen Borders Code, has been aligned to the framework of the Treaty of Lisbon. Therefore, the regulatory procedure with scrutiny applies to the present draft measure.

The draft was first submitted to the Borders Code Committee. Member States’ experts failed to agree on the draft; therefore, the Committee did not issue a formal opinion. One of the controversial issues was whether the Commission’s draft went beyond its implementing powers.

On 7 December 2009, the Commission submitted a revised draft to the Council and to the Parliament, in the form of a draft Council Decision (COM(2009)658).

In accordance with the regulatory procedure with scrutiny the Council, acting by qualified majority, had the following options:

  • · oppose the proposed measure, in which case it will not be adopted; the Commission may submit an amended proposal or present a legislative proposal (option 1)
  • · envisage adopting the proposed measure, in which case it shall without delay submit it to the European Parliament (option 2)
  • · not act within the two months, in which case the Commission shall without delay submit the measures to the Parliament.

The Council had to act within a deadline of two months, i.e. before 7 February 2010.  On 25 January 2010 the Council, with Italy and Malta abstaining, decided to envisage adopting draft Council Decision and submit the draft Council Decision to the European Parliament. Furthermore, the Council agreed on an additional declaration to be adopted by the Council if Parliament does not oppose the measure, asking Frontex to report on the practical implementation of this decision.

European Parliament’s role in the procedure and deadline

In accordance with the regulatory procedure with scrutiny, Parliament has four months in total, starting from the date of referral on 7 December 2009, to scrutinise the draft measure. In practice, Parliament now has two more months to take position before 7 April 2010.

Parliament’s options in the regulatory procedure with scrutiny are limited to the following. Parliament may, acting by a majority of its component Members,

  • · oppose the adoption of the measure; in this case, Parliament must justify its opposition, stating that the proposed measure exceeds the implementing powers granted to the Commission in the basic instrument, or is not compatible with the aim or the content of the basic instrument or does not respect the principles of subsidiarity or proportionality; if Parliament opposes, the draft measure shall not be adopted; the Commission may submit an amended proposal or present a legislative proposal
  • · not oppose the adoption of the draft measure; in this case, the draft measure may be adopted by the Council or the Commission.

LIBE, as the committee responsible, will prepare Parliament’s position, in accordance with Rule 88 of the Rules of Procedure. The Member responsible in LIBE is Michael Cashman, rapporteur for the basic act, the Schengen Borders Code. Once the Council’s position, adopted on 25 February 2010, has been officially referred to the Parliament, the chairman will set a deadline for Members who wish to propose that the committee objects to the draft measure. If the committee decides to object, it shall table a motion for a resolution to the plenary for adoption before 7 April 2010.

Action undertaken by LIBE so far:

On 11 January 2010, LIBE, as the committee responsible, heard presentations of the Commission (Mr Henrik Nielsen, Head of Unit, DG JLS) and the Spanish Presidency (Mr Burgos Nieto, JHA Counsellor) and held a first exchange of views on the file.

During the debate, several Members highlighted the political importance of the decision on the guidelines (Mr Busuttil, Mrs Flautre, Mr Moraes, Mrs Hennis-Plasschaert) and the fact that this was a long-standing discussion in the Council. The Executive Director of Frontex (Mr Laitinen) underlined the swift adoption of guidelines would enhance the efficiency of Frontex’ operations.

Next steps:

The Council will refer its position, which was adopted on 25 January 2010, to the Parliament within a few days. Then it will be Parliament’s turn to take a position before the expiry of the deadline on 7 April 2010.

In order to prepare LIBE’s position, the rapporteur recommends that an opinion be requested from the Parliament’s legal service, which should answer the following questions:

1)

a) Having regard to the delineation between “rules” and “guidelines” for Member States in the draft measure as amended by the Council, could the content be considered a “non-essential element” of the final legal framework shaping the role of the Member States and Frontex?

b) Has the Commission exceeded its implementing powers under Article 12 (5) of the Schengen Borders Code by proposing the present draft measure?

2) In case the content or a part of the content of the draft measure touches upon essential elements of the basic act, could the objectives of the measure be achieved by a legislative act, notably by amending the basic act, i.e. the Schengen Borders Code?

OPERATIONAL INFORMATION:

Documents:

  • · Proposal for a Council Decision supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of the operational cooperation coordinated by Frontex, COM(2009)658 of 27.11.2009, as amended by the Council on 25 January 2010
  • · Commission staff working document, Study on the international law instruments in relation to illegal immigration by sea, SEC (2007)691 of 15.5.2007, available in EN and FR.

Contacts:

European Parliament:

Member responsible: Michael CASHMAN

Asisstant to Mr Cashman: Renaud-Raphaël Savignat, tel. – 47759

S&D political Advisor: Mrs Annie Lemarchal, tel. – 43057

Desk officer responsible in the LIBE Secretariat: Lotte Madlen Tittor, tel. -40785

European Commission:

Desk officer responsible in DG JLS: Ana Isabel Sanchez Ruiz, tel. 02-2998239, email: Ana-Isabel.Sanchez-Ruiz@ec.europa.eu

Head of the responsible Unit in DG JLS: Henrik Nielsen, tel. 02-2991641, email: Henrik.Nielsen@ec.europa.eu

Council General Secretariat:

Desk officer: Mr Bent Mejborn, tel. 02-2816722, email: bent.mejborn@consilium.europa.eu

Spanish Presidency:

Mr Eugenio Burgos Nieto, JHA Counsellor, email: eugenio.burgos@reper.maec.es”

Click here for link to Document.

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by | 05 Feb 2010 · 04:51

Guidelines for Frontex Operations at Sea

NB –I believe this document is the final version of the proposed guidelines approved by the Council on 25 January 2010, with Italy and Malta abstaining, and which has now been forwarded to the Parliament for scrutiny.  I will remove or amend this post if I discover this is not the final version approved by the Council.

What follows are relevant excerpts from Document COM(2009)658 (Brussels, 27.11.2009), the final Proposal for a COUNCIL DECISION supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of the operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders – Frontex.

As noted, Malta and Italy oppose these guidelines and have threatened to withdraw from future Frontex missions if these guidelines take effect.

Guidelines for Frontex operations at sea

1. GENERAL PRINCIPLES

1.1 Measures taken for the purpose of the surveillance operation should be conducted in a way that does not put at risk the safety of the persons intercepted or rescued as well as of the participating units.

1.2. The special needs of children, victims of trafficking, persons in need of urgent medical assistance, persons in need of international protection and other persons in a particularly vulnerable situation should be considered throughout all the operation.

1.3. These guidelines should be applied by Member States in accordance with fundamental rights. Member States should ensure that border guards participating in the surveillance operation are trained with regard to relevant provisions of human rights and refugee law, and are familiar with the international regime on search and rescue.

2. INTERCEPTION

2.1 Upon detection, the ship or other sea craft (“ship”) should be approached in order to observe its identity and nationality and, pending further measures, should be surveyed at a prudent distance. [***]

2.4. Measures taken in the course of the surveillance operation against ships or other sea craft with regard to which there are reasonable grounds for suspecting that they carry persons intending to circumvent the checks at border crossing points may include: [***]

(f) conducting the ship or persons on board to a third country or otherwise handing over the ship or persons on board to the authorities of a third country;

(g) conducting the ship or persons on board to the host Member State or to another Member State participating in the operation.

3. SEARCH AND RESCUE SITUATIONS ARISING IN THE COURSE OF THE OPERATION

3.1. Participating units shall provide assistance to any vessel or person in distress at sea. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.

3.2. When facing in the course of the operation a situation in which uncertainty or apprehension exists as to the safety of a ship or of any person on board, the participating unit should forward as soon as possible all available information to the Rescue Coordination Centre responsible for the search and rescue region where the situation is taking place.

In cases where the Rescue Coordination Centre of the third country responsible for the search and rescue region does not respond to the notification transmitted by the participating unit, the latter should contact the Rescue Coordination Centre of the host Member State that is geographically the closest to the emergency.

While awaiting instructions from the Rescue Coordination Centre, participating units should take all the appropriate measures to ensure the safety of the persons concerned. [***].

4. DISEMBARKATION

4.1. The operational plan should spell out the modalities for the disembarkation of the persons intercepted or rescued, in accordance with international law and any applicable bilateral agreements.

Subject to section 4.2, priority should be given to disembarkation in the third country from where the persons departed or through the territorial waters or search and rescue region of which the persons transited or, if this is not possible, to disembarkation in the geographically closest place where the safety of the persons can be ensured.

4.2. No person should be disembarked in or otherwise handed over to the authorities of a country with regard to which there are substantial grounds for believing that he or she would be subjected to persecution or to torture or to other forms of inhuman or degrading treatment or punishment, or from which there is a risk of expulsion or return towards such a country. The persons intercepted or rescued must be informed in an appropriate way so that they can express any reasons for believing that they would be subject to such treatment in the proposed place of disembarkation.

4.3. The coordination centre should be informed of the presence of persons within the meaning of paragraph 4.2, and should convey that information to the competent authorities of the host Member State.

Click here for full Document.

Click here for a “Note to the File” pertaining to the Draft Council Decision supplementing the Schengen Borders Code as regards sea border surveillance in the context of operational cooperation coordinated by FRONTEX (COM(2009)658) as amended by the Council on 25 January 2010.

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by | 03 Feb 2010 · 16:31

Proposed Changes to Interdiction Patrol Rules Jeopardise Malta and Italian Cooperation with Frontex

The Malta Times reports that “a Frontex official said [yesterday] the new [maritime interdiction] guidelines were specifically aimed at avoiding disputes such as the ones that broke out between Malta and Italy. In the past, immigrants were stuck on the high seas as the two countries were locked in a diplomatic wrangle on who was responsible for the people rescued. ‘Everyone recalls these incidents and the Commission’s intervention. Brussels ended up as a referee in these disputes and we don’t think that’s our role. This is specifically why we needed to have a specific code of conduct to guide future Frontex missions. This will put participating member states’ minds at rest,’ the official said.”

The proposed changes would require migrants to be taken to the country hosting the Frontex mission if it was not possible to return the migrants to their country of departure and could go into effect as early as April when Frontex interdiction patrols are scheduled to resume in the central Mediterranean under the new mission name of Operation Chronos.

“Both Malta and Italy objected strongly [to the proposed changes] on the basis of the fact that the guidelines go beyond international legal obligations, which say that migrants should be taken to the nearest safe port [which in Malta’s case] often meant the Italian island of Lampedusa.”

Click here for article.

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by | 02 Feb 2010 · 02:45

Malta Objects to Proposed Changes in Frontex High-Seas Interception Guidelines

The Government of Malta has reportedly objected to proposed changes to Frontex operational guidelines and has threatened to possibly end its participation in patrols overseen by Frontex.

The proposed changes to the Frontex guidelines were made by the European Council and will be considered by the European Parliament.  The changes would require that migrants intercepted at sea be sent to the country hosting the Frontex mission if the migrants could not be returned to the country from which they last departed.  Currently intercepted migrants are to be taken to the nearest port.

“In terms of the new guidelines, should Malta host a Frontex mission, as it has done in the past two years, it will have to take all the immigrants rescued, even if they were picked up outside its search and rescue region and closer to other countries. ‘We will still continue to follow our international obligations to the letter as we’ve always done but we will not accept changes to these international obligations,’ a Malta government spokesman said.

Even if Frontex guidelines were to be changed, Italy will presumably continue its policy of forcibly returning to Libya migrants intercepted by Italian authorities.

Click here for full article.

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by | 29 Dec 2009 · 18:40

Workshop: “The Human Costs of Border Control in the Context of EU Maritime Migration Systems”

VU University Amsterdam held a three day Exploratory Workshop in October 2009 on “The Human Costs of Border Control in the Context of EU Maritime Migration Systems.”

Executive Summary of the Workshop’s Goals:

“The ongoing European harmonisation of migration and border control policies has as a side-effect unclear, but definitely rising numbers of fatalities at European borders (different estimates suggest anything between 1.000 and 10.000 annually). This process has considerable consequences for EU institutions, governments, the administrations of EU Member States, for migrants and people assisting migrants, and neighbouring countries. The consequences are diverse in nature, concerning policy, institutions, social cohesion and conflict, and law. However, while these consequences of the Europeanisation of migration policy are the subject of numerous academic studies, until now, the human costs of border control has received only isolated academic attention. There are insufficient data, and a comprehensive analysis is lacking. This workshop aims at bringing together leading European academics from different disciplines working on this issue. The immediate aim of the workshop is to integrate the analyses of those academics, with a view to developing a comprehensive analysis. The ultimate aim is to create a network engaging in comprehensive data gathering and analysis, leading to concrete suggestions to limit the undesirable side-effects of European migration policies.”

Draft workshop papers (which are not to be quoted or cited to without prior consent of the author) included the following:

Martin Baldwin-Edwards
The Human Costs of Border Control: Greece

Anat Ben-Dor
The un-checked dangers of the Israeli-Egyptian Sinai border

Hein de Haas
Trans-Saharan and Trans-Mediterranean migration – Questioning the transit hypothesis

María Hernández-Carretero
Boat migrants’ perspectives on risk

Ernesto Kiza
The Human Costs of Border Control at the External EU Borders between 1999 and 2004

Silja Klepp
A double bind: Malta and the rescue of unwanted migrants at sea

Mehdi Lahlou
The Human and Political Costs of Irregular Migration: Morocco case

Jorrit J. Rijpma
Frontex: successful blame shifting of the Member States?

Click here for more of the Workshop’s working materials.

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by | 26 Dec 2009 · 21:13

African migrants and their desperate ploy for a better life – Times Online

From The Sunday Times Magazine, 22 November 2009:

“Meet the survivors, bereaved families from Gambia and Senegal, and a man who smuggles the people — at a colossal price.”

“… The routes [African migrants] take are many and varied. From west Africa, migrants trek through the pitiless Sahara to Libya, from there to brave the Mediterranean — or, more perilous yet, strike out for the Canary Islands in fragile canoes known as ‘pirogues’.  If they then cross to the Spanish mainland they will probably do so in tiny, open Spanish fishing boats. An estimated one in every eight migrants who try to travel across the ocean to Europe don’t make it, their bodies carried out into the cold Atlantic. Those who perish are identified only by chance, their skeletons dredged from the sea by Italian and Spanish trawlers, or their bodies washed on to beaches used by holidaymakers…”

Full article:  African migrants and their desperate ploy for a better life – Times Online.

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by | 19 Dec 2009 · 21:24

Migrant Arrivals in Malta Lowest in 5 Years

Di-ve.com reports that migrant arrivals in Malta in 2009 were the lowest since 2004.

“Sources close to Frontex … believe that a number of factors helped …  Frontex’s Nautilus patrols, the strengthening of border controls in the Central Mediterranean and tighter inland measures in member states certainly discouraged movement of migrants. … The agreement between Italy and Libya for migrants to be returned to Libya also had an impact but …there are also agreements in place with Algeria and Tunisia, while Libya also reached an agreement with Niger, which is another popular transit country for migrants heading towards Europe. There has been a shift towards the eastern Mediterranean, with Turkey and the Aegean islands seeing numbers increase, the sources said.”

2002 2003 2004 2005 2006 2007 2008 2009
Boats 21 12 53 48 57 68 84 17
Migrants 1686 502 1388 1822 1780 1702 2775 1475

Click here for full article.

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by | 18 Dec 2009 · 22:51

JRS Malta – “Do They Know? Asylum Seekers Testify to Life in Libya”

The Jesuit Refugee Service Malta released a report entitled “Do They Know? Asylum Seekers Testify to Life in Libya.”

“Since May 2009, some 1409 migrants, attempting to reach a place where they could obtain protection or the possibility to live in safety and dignity, were pushed back to Libya.  These actions were widely criticised and held by many to be a violation of international law, as Libya does not have the mechanisms in place to grant protection to those who need it and there is evidence that those returned would be at risk of harm.”

“JRS Malta believes that returning migrants to Libya, where they cannot obtain effective protection if they need it and where they face a real risk of serious harm, violates international law. We therefore call upon the government to:

• Ensure that all asylum seekers within Malta’s effective jurisdiction are allowed to apply for protection.

• Rescue migrants intercepted by the AFM if they have requested assistance, as otherwise their safety cannot be guaranteed

• Ensure that all those rescued within Malta’s Search and Rescue Area are disembarked at a safe port, where those in search of protection can seek asylum

• Refrain from actions that will result, directly or indirectly, in the return of migrants to a country where they risk suffering serious violations of their fundamental human rights.”

Click here for copy of JRS Malta statement.

Click here for the report “Do They Know? Asylum Seekers Testify to Life in Libya.”

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by | 15 Dec 2009 · 21:40

Frontex Warns Malta About Refugee Resettlement Consequences

MaltaToday reported last month that Frontex officials have warned Malta that resettlement agreements between Malta and the USA and other countries are being used by organised criminal smuggling organisations to market Malta as a preferred destination.

The information was provided at a “Frontex debriefing meeting held in Caltanisetta in Sicily, where military and governmental officials from EU Member States were given details about the recent Nautilus IV mission held in the Mediterranean during this summer…  Senior military sources told MaltaToday that Frontex officials spoke of intelligence that showed how criminals behind the lucrative illegal migration trade were ‘actually marketing Malta as the right destination to direct migrants,’ given that it has now become public that the US is accepting migrants from Malta.”

Over 400 refugees have been resettled from Malta to the USA, France, and other countries.

Click here for article.

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by | 14 Dec 2009 · 21:07

Italian Court Upholds Prison Sentence for Deaths of 283 Migrants in 1996 (News)

The Italian Court of Cassation (La Quinta sezione penale della Cassazione) on 9 December upheld a 30 year prison sentence for a Lebanese ship captain found responsible for the deaths of 283 migrants on 26 December 1996 when two smuggling ships collided between Malta and Sicily.  Most of the migrants were from Pakistan, India, and Sri Lanka.  The captain is still at large.

Click here and here (Italian) for articles.

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by | 13 Dec 2009 · 21:36

Libya Interdicts Migrants in Maltese Waters for First Time (News)

On 23 November a Libyan patrol boat intercepted approximately 80 Eritrean and Somali migrants in Maltese waters near Sicily.  The migrants were returned directly to Libya and reportedly taken to a Libyan detention centre.  This may have been the first time that Libyan authorities intercepted migrants in Maltese waters.

The UNHCR expressed concern over the incident.  “’This practice of getting the Libyan authorities to come directly [into non-Libyan waters] reduces even further the guarantees given to migrants arriving in Europe,’ said [UNHCR spokesperson Laura] Boldrini.”

Click here and here for articles.

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by | 13 Dec 2009 · 21:32

COE Commissioner for HR Releases Letters to Italy and Malta (Statements)

Council of Europe Commissioner for Human Rights, Thomas Hammarberg, released copies of two letters he sent last August to the Minister of Interior of Italy, Roberto Maroni, and to the Minister for Justice and Home Affairs, of Malta, Carmelo Mifsud Bonnici in regard to the incident in August when a boat carrying over 70 migrants was left adrift for over two weeks.  Most of the migrants died.

A statement on the Commissioner’s web page states as follows:

“I publish these letters in order to reopen the discussion on the need to fully align migration practices with human rights standards. This serious incident should be effectively investigated” said the Commissioner. “Four of the five survivors have been granted refugee status in Italy and one is waiting for the decision on her application. This is good news. However, there is still an urgent need to take all necessary measures to prevent the recurrence of such tragedies. Regrettably, the authorities have not replied so far.”

In his letters, the Commissioner also underlined that the responsibility to rescue persons at sea appeared to have been neglected. He therefore recommended that both countries concerned engage in a constructive cooperation to develop sea patrolling which is duly respectful of human rights and humanitarian principles.

“The protection of the human rights of migrants needs urgent attention” said the Commissioner. “Every European country should act in a spirit of solidarity towards other countries, discharge its responsibilities under international law and effectively protect migrants, whose fundamental rights are at serious risk.”

Relevant excerpts from the letters:

Letter to Italian Minister Maroni, Ministry of the Interior – 25 August 2009

“[O]ne element is already evident: these people have not benefited from international humanitarian protection. In particular, the responsibility to rescue persons at sea appears to have been neglected. The Italian Coast Guard and other agencies – as well as fishermen – have shown until recently a laudable record of rescuing at sea hundreds of irregular migrants attempting to reach Italy. What happened this time? Have the provisions set out in the new security package played a deterrent role? Is the cooperation with the Coast Guards of other countries not functioning properly, thereby preventing boats in distress from being spotted and rescued?”

“Indeed, many migrants are human beings in dire circumstances who deserve our attention and respect. A substantial number of them are fleeing persecution or violence; this necessitates the provision of international protection. All European countries, not only Italy, must grant protection to migrants and cooperate more effectively to handle migration flows in a coherent manner, with full regard to humanitarian principles.

I hope that the Italian government will take all necessary measures to avoid such tragedies in the future. In this context, a constructive cooperation with the authorities in Malta, to develop sea patrolling which is duly respectful of human rights and humanitarian principles, would be highly beneficial.”

“The survivors of such tragedies should of course not be criminalised. Instead, they should be provided with all the necessary assistance. Their right to apply for asylum should be fully respected, and their request examined with the utmost attention. The situation of their country of origin and of departure should also be taken into account.

I deeply believe that it is both wrong and counterproductive to politicise migration issues. It is much more in keeping with our common values – and, ultimately, more effective – to address them based on a comprehensive and cooperative approach, guided by human rights and humanitarian principles.”

Click here for the Italian letter.

Letter to Maltese Minister Bonnici, Justice and Home Affairs Ministry – 26 August 2009

“[T]he people on the ill-fated boat have not benefited from international

humanitarian protection. In particular, the responsibility to rescue persons at sea appears to have been neglected. What happened? Is the cooperation with the Coast Guards of other countries not functioning properly, thereby preventing boats in distress from being spotted and rescued?”

“Migratory flows present major challenges to many European countries. A common European approach is therefore needed to meet those challenges. I have raised the issue with the Swedish Presidency of the European Union. There is a need for responsibility-sharing, where every country is ready to contribute in a spirit of solidarity, not only with regard to the reception capacities of other countries, but also vis-à-vis migrants themselves. Many migrants are human beings in dire circumstances who deserve our attention and respect. A substantial number of them are fleeing persecution or violence and deserve international protection.”

“I hope that the Maltese government will take all necessary measures for such tragedies to be avoided in the future. A constructive cooperation with the authorities in Italy, to develop sea patrolling which is duly respectful of human rights and humanitarian principles, would be highly beneficial. I hope it will be possible to address these crucial issues with a cooperative approach, guided by human rights norms.”

Click here for the Maltese letter.

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by | 14 Oct 2009 · 21:13

France: Frontex Nautilus IV Operation is a Failure (News)

French Immigration Minister Eric Besson has characterized Frontex’s ongoing Nautilus IV operation which is based in Malta as “a complete failure.”  He said the legal uncertainty regarding member state responsibility for intercepted boats hampered the operation and caused some member states to withdraw from the operation.

Italy, for example, has refused to contribute assets to the Nautilus IV operation due to a dispute over where intercepted migrants should be taken.  Italy of course is unilaterally returning migrants who it intercepts directly to Libya without offering the intercepted migrants an opportunity to make asylum or other claims for protection.

Click here and here for articles.

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by | 21 Sep 2009 · 20:10

Frontex Issues Response to HRW Report (Communiqués)

Frontex has denied responsibility for and involvement in the Italian push-back practice.

Full text of the Frontex press release:

“By way of response to statements included in the Human Rights Watch report “Pushed Back, Pushed Around” Frontex would like to state categorically that the agency has not been involved in diversion activities to Libya (these are based on a bilateral agreement which Italy signed with Libya in May this year).

“The Frontex operation referred to in the report, Operation Nautilus 2009, was underway on June 18th 2009, but in a different operational area. Though German helicopters did participate in this operation, they were at no time involved in the incident described in the report (on the basis of two press reports, one from ANSA and one from Malta Today).

“In general, Frontex would like to point out that the task of helicopters involved in joint operations coordinated by the agency is only to patrol the operational area, not to divert. “

Click here for press release.

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by | 19 Sep 2009 · 20:24

Accusation Against Italian Coast Guard Regarding Deaths of Migrants During 2008 Rescue Attempt (News)

An anonymous letter has reportedly been sent to an Italian prosecutor’s office and to the media accusing an Italian Coast Guard captain of mishandling a rescue attempt in June 2008 during which up to 15 migrants were killed.  The survivors were reportedly taken to Malta after the incident.

Click here, here, and here for articles.

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