Tag Archives: Malta

by | 08 Sep 2011 · 05:57

CoE Human Rights Commissioner Releases Report on Italy’s Treatment of Roma and Migrants

Council of Europe Commissioner for Human Rights, Thomas Hammarberg, just released a report on Italy based upon his visit to Italy on 26-27 May 2011.  The report addresses concerns relating to the treatment of the Roma and Sinti and relating to the treatment of migrants, including migrants arriving from North Africa.

Excerpts:

“Strasbourg, 7 September 2011 – CommDH(2011)26 – English only

Report by Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe, following his visit to Italy from 26 to 27 May 2011

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II. Protection of the human rights of migrants, including asylum seekers

Rescue operations and interceptions at sea

The Commissioner welcomes the invaluable efforts of the Italian authorities aimed at rescuing migrants on boats crossing the Mediterranean. He strongly encourages the Italian authorities to maintain their long-standing tradition of rescue, which is all the more indispensable in the current context of forced migration from Libya. He calls on the Italian authorities to ensure that in all cases where migrants are in distress at sea their rescue and safety enjoy absolute priority over all other considerations, including any lack of clarity and agreement, notably between Italy and Malta, about responsibilities for rescue. With reference to the operations carried out jointly with Libya in the central Mediterranean aimed at intercepting migrants fleeing Libya on boats and returning them there (so-called push-backs), the Commissioner urges the Italian authorities to discontinue and refrain from becoming involved in any practices in the field of interceptions at sea that may result in migrants being sent to places where they are at risk of ill treatment or onward refoulement.

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II. Protection of the human rights of migrants, including asylum seekers

44. Following the political unrest in Tunisia and the armed conflict in Libya, the number of migrants, including asylum seekers, arriving on boats to Italy, and in particular Lampedusa, has increased sharply. Since mid-January, approximately 24 000 people have arrived from Tunisia. At the end of March 2011, migrants also started to arrive on boats from Libya (the biggest groups being nationals of Nigeria, Ghana, Mali, Ivory Coast, Bangladesh, Eritrea and Somalia) and by 23 June their number had almost reached 20 000. In addition to arrivals from Tunisia and Libya, some 2 000 migrants landed in southern Italy on boats coming from Egypt, Greece and Turkey. On 23 June, the total figure of arrivals by sea to Italy since January 2011 therefore stood at around 46 000.

45. It is clear that these events pose a number of challenges relating to a wide range of human rights, including the right to seek asylum and the right to life, notably in connection with rescue operations at sea. With most of the migrants from Northern Africa seeking refuge and a new life in “Europe” generally, and not specifically in the countries that they reach first, the European dimension of these challenges is equally clear. Certainly, the ongoing military operations in Libya and their impact on migratory movements bound to Europe has lent further visibility to this European and international dimension. Accordingly, the Commissioner has on many occasions called for a greater European role, in the form of solidarity and co-operation in meeting the human rights challenges relating to arrivals of migrants, including asylum seekers, from Northern Africa, but unfortunately the response has been limited. The Commissioner reiterates this call in respect of the situation with which Italy is confronted at the moment.

46. At the same time, the Commissioner wishes to stress that Italy must abide by its human rights obligations vis-à-vis all migrants, including asylum seekers, who find themselves within Italy’s jurisdiction – a responsibility which in the Commissioner’s view has not been met fully. While the Italian authorities have taken a number of steps to protect the human rights of these persons, from rescue at sea through to reception and access to asylum, concerns remain in different subject areas, some of which are highlighted below.

47. More generally, the Commissioner wishes to stress that a more objective and balanced representation of the migration movements prompted by the events in Northern Africa, and notably the conflict in Libya, would assist in ensuring a human rights compliant response to these phenomena in both Italy and Europe as a whole. In this respect, the Commissioner notes that the 20 000 arrivals from Libya to Italy mentioned above stand, at least for the moment, in stark contrast with the many times greater forecasts concerning the potential number of arrivals from Libya which had been made publicly in Italy at the beginning of the conflict. It is also sobering to note that these arrivals account for around 2% of the persons having left Libya as a result of the conflict. Indeed, 98% of the approximately 1 100 000 people who have left Libya so far have done so by crossing land borders into Tunisia, Egypt, Niger, Chad and Algeria.

a. Rescue operations and interceptions at sea

48. The Italian authorities, and particularly the coast guard and customs police, have been instrumental in saving the lives of many migrants who have attempted to reach European shores from Northern Africa on unseaworthy boats. Rescue operations have obviously intensified in recent months, reflecting the increase in departures of migrant boats from Tunisia and Libya since January 2011.

49. Over the same time period, however, at least as many as 1 500 persons have lost their lives while trying to cross the Mediterranean to seek a safe haven. The Commissioner notes that responsibilities remain to be ascertained in certain cases. For instance, in an episode which is currently being investigated by the Parliamentary Assembly of the Council of Europe, and which resulted in the death at sea of 61 persons, including over 20 women and children, a boat carrying 72 migrants was left adrift for two weeks in spite of its presence having reportedly been signalled to the authorities of Italy, Malta and NATO, and the boat itself having been spotted by a helicopter and a passing vessel of unidentified nationalities. The Commissioner notes that in some cases, lack of clarity and agreement, notably between Italy and Malta, about responsibilities for rescue may delay operations or otherwise put the lives of migrants in distress at risk. More generally, the Commissioner finds it difficult to accept that people in distress at sea can face death in one of the busiest areas of the Mediterranean, especially now with the large numbers of military and other vessels in the area.

50. The Commissioner also notes that since May 2009, and up to the beginning of the armed conflict in Libya in February 2011, the Italian authorities have carried out operations jointly with Libya in the central Mediterranean, aimed at intercepting migrants fleeing Libya on boats and returning them there (so-called respingimenti, or push-backs). The practice has been repeatedly criticised for violating international human rights law, as migrants, including asylum seekers, are returned to Libya where they risk being ill-treated or in turn deported to other countries where they are exposed to such a risk, without being given an opportunity to seek and enjoy international protection through an individual assessment of their case. Indeed, in a case that is currently pending before the Grand Chamber of the European Court of Human Rights, a group of Somali and Eritrean migrants who were travelling by boat from Libya have argued that the decision of the Italian authorities to intercept their vessels on the high seas and send them straight back to Libya exposed them to a risk of ill-treatment there, as well as to a serious threat of being sent back to their countries of origin, where they might also face ill-treatment.24

51. The Commissioner notes that the beginning of these operations started shortly after the conclusion of agreements between Italy and Libya in 2008 and 2009.25 In his 2009 report on Italy, the Commissioner expressed “his disapproval of bilateral or multilateral agreements for the forced return of irregular migrants to countries with long-standing, proven records of torture”,26 a concern which was shared by the Parliamentary Assembly in June 2010.27 In February 2011, following the beginning of the armed conflict in Libya, Italy announced that it had suspended the implementation of its agreements with Libya. However, the Commissioner also notes that on 17 June 2011, Italy signed with the Libyan National Transitional Council a Memorandum of Understanding, which refers to the commitments contained in the agreements previously signed with Libya and provides for mutual assistance and co-operation in combating irregular immigration, “including the repatriation of immigrants in an irregular situation.”28

Conclusions and recommendations

52. The Commissioner welcomes the invaluable efforts of the Italian authorities aimed at rescuing migrants on boats in the Mediterranean, which have saved thousands of lives over the past months and years. He strongly encourages the Italian authorities to maintain their long-standing tradition of rescue, a task which is all the more indispensable in the current context of forced migration from Libya.

53. At the same time, the Commissioner calls on the Italian authorities to ensure that in all cases where migrants are in distress at sea their rescue and safety enjoy absolute priority over all other considerations. The attention of the Italian authorities is drawn to the PACE resolution 1821 (2011)29 adopted in June 2011, which calls on member states to “fulfil without exception and without delay their obligation to save people in distress at sea.”30 In this connection, the Commissioner recalls that on 8 April, just two days after a boat from Libya carrying more than 220 migrants capsized near the Italian island of Lampedusa causing the death by drowning of more than 200 persons, UNHCR recommended that “[a]ny overcrowded boat leaving Libya these days should be considered to be in distress.” On the same occasion UNHCR also underlined that “[a] long-standing tradition of saving lives at sea may be at risk if it becomes an issue of contention between States as to who rescues whom.”

54. The Commissioner urges the Italian authorities to discontinue and refrain from becoming involved in any practices in the field of interceptions at sea that may result in migrants being sent to places where they are at risk of ill treatment or onward refoulement. The Commissioner wishes to highlight that when a state exercises effective control, authority or power over third-country nationals rescued or intercepted at sea (including the state’s own territorial waters, those of another state and international waters) its obligations include ensuring effective access to adequate asylum determination procedures and not returning individuals to countries where they would face a real risk of persecution or treatment contrary notably to Articles 2 (right to life) and 3 (prohibition of torture) of the ECHR.

55. In this connection, the Commissioner draws once more the attention of the Italian authorities to the PACE resolution 1821 (2011) which calls on member states to: “refrain from any practices that might be tantamount to direct or indirect refoulement, including on the high seas, in keeping with the UNHCR’s interpretation of the extraterritorial application of that principle and with the relevant judgements of the European Court of Human Rights”; and to “suspend any bilateral agreements they may have concluded with third states if the human rights of those intercepted are not appropriately guaranteed therein, particularly the right of access to an asylum procedure, and wherever these might be tantamount to a violation of the principle of non-refoulement […].”31

56. In accordance with UNHCR’s recommendations on protection with regard to people fleeing from Libya, the Commissioner strongly encourages the Italian authorities to continue to keep the country’s borders open for people who are forced to flee from Libya and are in need of international protection.32

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Click here for Report.

Click here for CoE Press Statement.

Click here for CoE Human Rights website regarding human rights of immigrants, refugees, and asylum seekers.

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by | 08 Sep 2011 · 05:18

PACE Rapporteur Conducts Interviews in Italy Regarding Mediterranean Migrant Deaths

Tineke Strik (Netherlands, SOC) concluded a two day fact-finding trip to Italy on 7 September as Rapporteur for the PACE Migration Committee.  She is investigating the deaths of boat people who have died in the Mediterranean since January 2011.  Strik interviewed Father Moses Zerai, an Eritrean priest, who was in satellite phone contact with several migrant boats during their voyages from Libya, including the disabled migrant boat that drifted for days in March-April this year and on which 61 persons are believed to have died.  In addition to Zerai, Strik interviewed three of the nine survivors from the boat, Italian Coastguard officials, and NGO and UNHCR staff.  Strik “is planning interviews with officials from Nato and the Maltese government, which the Italian coastguard says was alerted to the boat’s plight.”

From the PACE press statement: “‘There is an obligation to help all people in distress.  If anyone did not live up to this responsibility and deliberately did not assist them, they must not be allowed to get away with it. … The testimonies of witnesses directly involved in this incident are coherent, but we have to continue to collect more data and information on who was when and where in the area,’ Mrs Strik reported.  ‘My mission is to try to find out what went wrong, and if there was perhaps a gap in responsibility-sharing. The recommendation which will be contained in my report is aimed at establishing responsibilities and trying to determine how to deal with such incidents in the future. We have to draw the right lessons to prevent similar situations from occurring again.  … At the end of my inquiry, I expect national jurisdictions, governments and parliaments to carry on the investigations and I very much hope that the dynamic of truth … will pave the way,’ she concluded.”

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

Click here for PACE press statement.

Click here for previous post.

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by | 07 Sep 2011 · 04:42

More Evidence that Gaddafi Government Facilitated Migrant Boat Departures from Libya

There has been evidence for many months that the Gaddafi regime was facilitating migrant boat departures from Libya towards Italy and Malta; here are two recent articles on the topic from the Los Angeles Times and the Telegraph.

LA Times: “… During its life as a military base, the impromptu camp [at Janzour / Zanzour] was heavily guarded, but in recent in months, several people from the area said, Kadafi’s government facilitated the entry of Africans hoping to migrate by boat to Europe. … The military base was run by a Kadafi operative named Zuhair, according to several people familiar with its operation. As rebels approached Tripoli, they said, Zuhair was seen taking off in a speedboat, accompanied by his top aide and two bodyguards. … [The base] is also the scene of one of Muammar Gaddafi’s most bizarre and cynical plans; an operation to flood Europe with black African illegal immigrants in revenge for Nato’s bombing campaign. For months until the uprising in Tripoli two weeks ago, men in uniform were seen around the port directing the loading of immigrants onto leaky boats bound for Italy. Africans who landed this summer on the tiny island of Lampedusa – a speck of rock south of Sicily – said they had paid nothing for their passage, in contrast to the $1,000 fee usually demanded by people smugglers. No boats have left since the rebels drove Gaddafi’s men out, but the human cargo is still stranded there; a thousand desperate black African men, women and children, clustered in the dirt under beached boats in utter squalor, hungry, scared, penniless, and desperate to escape….”

The Telegraph: “…[a] man, who would not give his name, claimed that the port [of Zanzour] had been controlled by a shadowy official called Zuhair, who had vanished when the rebels arrived. ‘He is a Palestinian originally, with several passports,’ the man said. ‘He had people under him and they sent the boats to Lampedusa.’ There seems little likelihood that the operation was being conducted without official sanction; Zanzour is located not on some remote, unpoliced stretch of coast but within an old military base, only about ten miles west of Tripoli, an area which was firmly under Gaddafi’s control until recently. … Laura Boldrini, of UNHCR, warned that illegal immigration could get much worse in the months ahead, adding that nobody knew how the new government would deal with the problem. ‘What happens depends on security,’ she said. ‘If violence explodes in Libya, there is a danger of a massive new influx of people trying to escape.’”

Click here and here for articles.

Click on these links for some previous posts on the subject:

Is Libyan Government Facilitating Migrant Boat Departures from Libya? (31/03/11)

IOM Reports Migrants Were Forced by Libyan Soldiers to Board Boats (10/05/11)

Libya: Because of NATO Aggression, We Cannot Be Guards of Europe (11/05/11)

Guardian: Libya Official Admits Migrant Ships Being Allowed to Sail as Protest Against Nato (11/05/11)

Maltese JHA Minister Doubts Migrants Are Being Pushed to Flee Libya (13/05/11)

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by | 03 Sep 2011 · 05:11

PACE Rapporteur to Begin Fact-Finding Mission to Italy to Investigate Mediterranean Migrant Deaths

Tineke Strik (Netherlands, SOC) will begin a two day fact-finding trip to Italy on 6 September as Rapporteur for the PACE Migration Committee (Parliamentary Assembly of the Council of Europe).  She is investigating the deaths of boat people who have died in the Mediterranean since January 2011.

From the PACE press statement of 2 September:  “Meetings are scheduled with survivors of a shipwreck, officers of Italian coastguard units, representatives of NGOs active in the field and representatives of the Office of the United Nations High Commissioner for Refugees.  During her visit the rapporteur will in particular look into the way boats are intercepted – or not intercepted – by national coastguard forces, or by military vessels under either NATO or national command.  Further to reports that migrants and refugees have perished after their distress calls were ignored, the PACE Committee on Migration, Refugees and Population appointed Ms Strik in June to conduct an inquiry into these matters.”

From the PACE press statement issued in June 2011: “‘There have been allegations that migrants and refugees are dying after their appeals for rescue have been ignored,’ said Mrs Strik. ‘Such a grave allegation must be urgently investigated.  I intend to look into the manner in which these boats are intercepted – or not – by the different national coastguards, the EU’s border agency FRONTEX, or even military vessels. I also intend to speak to witnesses directly involved in reported incidents, and put questions to national authorities, the UNHCR, FRONTEX and NATO, among others.’  On 8 May, the Guardian newspaper reported that 61 boat people escaping from Libya had died after their appeals for rescue had been ignored by armed forces operating in the Mediterranean. The following day PACE President Mevlüt Çavusoglu called for ‘an immediate and comprehensive enquiry’ into the incident.”

Presumably Ms. Strik’s investigation will also seek information from Maltese authorities.  The Maltese Rescue Coordination Centre run by the Armed Forces of Malta is in possession of relevant information pertaining to incidents within the Maltese Search and Rescue Area where many (perhaps most?) of the migrant deaths have occurred.

Click here and here for COE press statements.

Click here for link to COE’s web page regarding “PACE’s Response to Migrants and refugees arriving from North Africa.”

Click here and here for my previous posts on the topic.

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by | 15 Aug 2011 · 07:16

Malta Blocks Italian Navy Ship From Disembarking 334 Rescued Migrants

Malta yesterday refused permission to the Italian Navy ship Borsini to land in Malta for the purpose of disembarking 334 rescued migrants.  The migrants were rescued in the Maltese Search and Rescue Area south of Lampedusa on Saturday by several Italian coastguard patrol boats and transferred at sea to the Borsini.  The Borsini then sailed to Malta.  Malta refused permission because it said that Lampedusa or Tunisia were the closest safe locations.  The Italians sought to disembark the rescued migrants at Malta because Lampedusa was overwhelmed with the arrivals of approximately 2000 migrants over the past 36 hours.  The Borsini left Malta and is sailing to Taranto on the Italian mainland to disembark the migrants.

Click here and here for articles.

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by | 15 Aug 2011 · 05:58

Fortress Europe Calculates 1,931 Deaths in the Mediterranean During First 7 Months of 2011

According to calculations made by Fortress Europe, 2011 is the deadliest year in the Mediterranean since at least 1994.  1,931 people have died during the first seven months of 2011.  This number is higher than the total number of deaths in all of 2008, the year with the previous highest death toll of 1,274.  Fortress Europe estimates that 1,674 (87%) of the 1,931 deaths have occurred in the Sicilian Channel and that most of the deaths in the Sicilian Channel have involved migrants travelling from Libya towards Europe.

Click here for Fortress Europe post.  (IT)

Click here for Clandestina blog post.  (EN)

From Fortress Europe:

Vittime del Canale di Sicilia dal 2002 ai primi 7 mesi del 2011
Anno 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Morti 236 413 206 437 302 556 1274 425 20 1674

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by | 01 Aug 2011 · 06:45

[Post Updated 4 August] Spanish Defence Ministry: NATO Instructed Spanish Navy to Transfer Rescued Migrants to Tunisia

A press release issued yesterday by the Spanish Ministry of Defence states that the 114 migrants who were rescued by the Spanish frigate Almirante Juan de Borbón on 11 July were transferred to Tunisian authorities on 16 July pursuant to orders issued by NATO command.

I previously have sought clarification from both NATO and the Spanish Defence Ministry regarding who made the decision to turn the rescued migrants over to Tunisian authorities and what procedures, if any, were followed to screen rescued migrants before the transfer.  NATO’s Operation Unified Protector press office informed me that all inquiries had to be directed to the Spanish Defence Ministry.  The Defence Ministry’s press office in turn has ignored my inquiries.

[Update – 4 August – I received information today from Communication Office of the Spanish Ministry of Defence reiterating that the Spanish frigate was under NATO command as an asset participating in NATO’s Operation Unified Protector.  According to the Communication Office, after the Spanish frigate commander made the decision that the migrants needed to be rescued, all of the frigate’s subsequent actions were carried out pursuant to specific commands issued by the NATO command, including the final order to transfer the migrants to Tunisian authorities.  Spanish authorities were never involved in discussions or negotiations with other countries regarding the rescued migrants.  The Communication Office referred me to NATO’s OUP Press Office for information regarding any further details of the operation.  I will try again with NATO.]

The press release issued yesterday pertains to a visit made to the Spanish  frigate Almirante Juan de Borbón by Italian Rear Admiral Filippo Maria Foffi, Commander of the NATO naval task group for Operation Unified Protector, where he praised the crew of the frigate for the rescue operation.

The press release goes on to state that after the migrants were taken on board the frigate on 11 July, “on orders from NATO command, the Juan de Borbón sailed to Malta and took a position 40 miles off the coast of that country. On 16 July, instructed by the command of NATO, the Spanish frigate headed for the coast of Tunisia to start the transfer to the Tunisian Navy patrol boat Carthage of the 106 immigrants who were still on board, after the earlier evacuation of eight persons for health and medical reasons.”

(“…siguiendo órdenes del mando de la OTAN, la ‘Juan de Borbón’ puso rumbo a Malta posicionándose a 40 millas frente a las costas de ese país.  El pasado 16 de julio, siguiendo instrucciones del mando de la Alianza, se dirigió hacia las costas de Túnez para iniciar el traslado al patrullero Carthage de la Armada tunecina, de los 106 inmigrantes que aún permanecían a bordo tras la evacuación de ocho personas por motivos médicos y de salud…”)

The Spanish government and NATO are rightfully to be praised for the rescue operation.  What is unfortunate is the lack of transparency on the part of both NATO and the Spanish Defence Ministry in regard to why the decision was made to transfer the migrants to Tunisia and what procedures, if any, were used to screen the migrants for claims to international protection.

Click here for Defence Ministry Press Release. (ES)

Click here for my last post on this topic.

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by | 20 Jul 2011 · 05:56

Call for a Humanitarian Flotilla to Stop Deaths in the Mediterranean

A coalition of migrants’ rights organisations, including Migeurop, Cimade, Gisti, FIDH, and others hope to organise a humanitarian “flotilla which will undertake maritime surveillance so that assistance is finally provided to people in danger. The participatory organisations call on European bodies and governments on both sides of the Mediterranean to establish relations within this common area on the basis of exchange and reciprocity. This flotilla will embark political figures, journalists, artists, and representatives of the organisations involved in the project.  Any organisation, trade-union, political representative, seafarer, journalist, artist or other individual interested in this initiative may join this mailing list : « Mediterranean Intervention ».” To subscribe to the mailing list, please send an email to migreurop07@yahoo.it.

Click here for full Migreurop statement.

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by | 16 Jul 2011 · 16:50

NATO Transfers Rescued Migrants to Tunisia

According to information provided by the Spanish Ministry of Defence, the Spanish frigate Almirante Juan de Borbón sailed to Tunisia earlier this morning (16 July) and, while remaining outside Tunisian waters near Zarzis, transferred the remaining 106 rescued migrants to the Carthage, a Tunisian naval vessel.  114 migrants were initially rescued by the Spanish ship.  5 of the migrants were airlifted to Malta for medical reasons on 13 July.  On 11 July, shortly after the initial rescue of the migrant boat, 3 migrants were evacuated and turned over to Tunisian authorities.  The original 114 consisted of 88 men, 20 women (5 of whom are pregnant), and 6 children. The Defence Ministry said that the decision to transfer the migrants to Tunisian authorities was a NATO decision.

While the decision to disembark the migrants in Tunisia is better than sending them to eastern Libya (something I was fearful would occur), Tunisia is problematic for several reasons.  The migrant boat was reportedly carrying Tunisians.  To the extent that any of them may have had claims for international protection, the claims have been effectively eliminated.   It is not known whether any efforts were made to assess whether any of the Tunisians had claims for international protection.   And to the extent that any of the non-Tunisians have claims for international protection, Tunisia is clearly less able to handle such claims and less able to provide care for asylum seekers relative to Malta, Italy, or Spain (or any of the NATO countries participating in Operation Unified Protector).

[17 July update – NATO’s OUP Press Office informed me earlier today that any questions regarding who made the decision to transfer the migrants to Tunisia and whether any of the migrants were screened for claims for international protection had to directed to the Spanish Ministry of Defence.]

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

Click here for Spanish Ministry of Defence press statement and additional photos. (ES)

Photo Credit: Ministerio de Defensa de España (mde.es)

Photo Credit: Ministerio de Defensa de España (mde.es)

Photo Credit: Ministerio de Defensa de España (mde.es)

Photo Credit: Ministerio de Defensa de España (mde.es)

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by | 15 Jul 2011 · 17:25

Malta Says the 111 Rescued Migrants Aboard Spanish Frigate Are NATO’s Problem, Not Malta’s Problem

The stand-off between Malta, Spain, and NATO continues.  111 rescued migrants remain on board the Spanish Navy frigate, the Almirante Juan de Borbón.  Maltese authorities criticised the attempt to bring the rescued migrants to Malta and have said that the migrants should have been taken to Tunisia or Italy because both locations were closer to the original point of rescue.  Malta has now allowed a total of 5 migrants to be airlifted to Malta for medical care.  The frigate remains at sea near Malta with the 111 migrants, including women and children, and a crew of 250 sailors.

At a press conference yesterday, Maltese Interior Minister, Carmelo Mifsud Bonnici, said that while Malta decided to allow the transfer of several rescued migrants to Malta for emergency medical treatment, it has no intention of allowing the other rescued migrants to be disembarked in Malta.  According to the Times of Malta, Mifsud Bonnici said “the problem is not Malta’s, it is Nato’s.  Malta is a sovereign state and it demands that it be respected as such. This is not a standoff with Spain or Italy and we await Nato’s replies.”

It is unclear from various media reports whether Italian authorities formally refused permission to the Spanish frigate to dock in Lampedusa, but some reports suggest there was communication with Italian authorities who said that Lampedusa’s immigrant reception facilities were at capacity.  Well over a thousand migrants have landed in Lampedusa in recent days.

There are also some media reports which suggest that the Spanish government may be taking the position that since the Spanish frigate is under NATO command as part of Operation Unified Protector, NATO therefore must decide where the migrants are to be disembarked.

The head of the Armed Forces of Malta has taken the bizarre position that the Spanish ship is well-equipped to care for the rescued migrants and that therefore there is no urgency in regard to removing the migrants from the ship for humanitarian reasons.

Meanwhile, the NATO naval embargo of Libya is missing one ship.  NATO had 17 ships under its command patrolling the Central Mediterranean, now there are 16 ships.  The Spanish frigate has been effectively removed from its embargo duties as it waits for a resolution to the stand-off.  If and when another migrant boat requires rescue by a ship under NATO command, will the NATO embargo be further weakened?  The obligations of NATO ships to rescue migrant boats in distress under SOLAS are clear, and NATO has repeatedly said that it will rescue migrant boats when required, but one must be fearful of a situation arising, as it does with commercial ships, where a NATO vessel’s commander may be less willing to conclude that a migrant boat is in need of rescue knowing that the act of rescuing the migrants may result in the NATO ship being removed from its mission because it is unable to quickly disembark the rescued migrants.

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

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by | 14 Jul 2011 · 17:00

Aditus Calls for Immediate Disembarkation of Stranded Migrants

A statement from Aditus, “an independent, voluntary & non-profit organisation established with a view to monitor, act & report on access to fundamental human rights by individuals & groups”, which is based in Malta:

14 July 2011

“’Once again, political discussions take precedence over human lives.  It is at times like these that our consciences are called to do what is right, to ensure a full respect for the fundamental human rights of all persons irrespectively of colour, origin and status.’

It appears that the Maltese and Italian authorities are once again disagreeing over where to disembark a group of around 100 rescued migrants.  Rescued earlier today by a Spanish frigate, the Almirante Juan de Borbón, the group of migrants seems to be largely composed of men but also includes several women and children.  According to news reports, the stranded migrants were rescued in Sunday morning yet the date of departure from Libyan shores is as yet unconfirmed.

It is important to emphasise that the rescued persons have fled a situation of civil war, and have possibly been through several harrowing experiences.  ‘It is unclear when they left Libya, yet they have definitely been out at sea for over 5 days.  This can only mean that they are probably exhausted, dehydrated and are in urgent need of physical and psychological assistance.  A warship is definitely not the place to provide this urgent assistance’, commented aditus Chairperson Dr. Neil Falzon.

aditus applauds the crew of the Juan de Borbón for rescuing the persons in distress, yet urges the Italian and Maltese authorities to immediately relieve the warship of rescued migrants, in the interests of both the latter and of the crew itself.  aditus further recalls that international maritime law requires a prompt disembarkation at a place of safety for all persons rescued at sea, and that any prolonged period spent aboard the warship poses severe security, humanitarian and human rights concerns.

aditus therefore appeals to the Italian and Maltese authorities to allow the immediate disembarkation of the rescued persons so that their safety may be guaranteed.

For the longer-term, the two States are urged to seek resolution to this on-going legal impasse that too often has resulted in these tragic incidents.  To this end, aditus strongly recommends the involvement of competent international and regional agencies particularly the European Union, the International Maritime Organisation and NATO.”

Click here for statement.

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by | 14 Jul 2011 · 15:59

Italy and Malta Turn Back NATO Ship Carrying 100 Rescued Migrants

A political and diplomatic standoff is underway between Malta, Italy, Spain and NATO.  The Times of Malta is reporting that the Spanish frigate, the Almirante Juan de Borbón, carrying the 100 rescued migrants attempted to dock at Lampedusa after the rescue, “but the Italian authorities refused it entry  and directed the vessel to Malta, which also refused entry, arguing that Lampedusa was the nearest safe port.”  “The Spanish warship is now off Maltese waters while talks are held between Maltese, Italian and Spanish diplomats.  A meeting which included the Prime Minister and Home Affairs Minister Carm Mifsud Bonnici was being held this afternoon at the Auberge de Castille.  Nato is understood to have appealed to both Italy and Malta to accept the migrants.”  The Times of Malta also reported that a 10 month old baby was flown yesterday from the Spanish frigate to Malta for medical treatment and that a man and pregnant woman were airlifted to Malta today.

Click here for Times of Malta article.

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by | 12 Jul 2011 · 05:27

NATO Warship Rescues 100 Migrants from Boat Off Libya; Where Will Migrants Be Disembarked?

A Spanish Navy frigate, the Almirante Juan de Borbón, participating in NATO’s Operation Unified Protector, on Sunday rescued approximately 100 migrants who were in a disabled boat that reportedly left Zawiyah, Libya several days ago.  The migrants have been without food and water for at least two days.  Among the rescued persons are pregnant women and children.

It is not clear where the migrants will now be taken.  Some reports indicate that the Spanish Defence Ministry is hoping that Tunisia, Malta, or Italy will receive the migrants.  NATO is reportedly seeking a country to accept the migrants.  The migrants are reportedly from Libya, Tunisia, and Sub-Saharan Africa.

Hopefully the migrants will be disembarked quickly (assuming it has not already happened) in an appropriate location where any claims for international protection can be properly considered.  It would be problematic if the migrants are required to remain on the Spanish warship for an extended period and if nearby countries refuse to permit the disembarkation.

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

Click here and here for Spanish Defence Ministry and Navy press statements.  (ES)

These photos were released by the Ministerio de Defensa de España.

Photo Credit: Ministerio de Defensa de España (mde.es)

Photo Credit: Ministerio de Defensa de España (mde.es)

 

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by | 06 Jul 2011 · 05:44

Head of Armed Forces of Malta Describes Malta’s Interpretation of Its SAR Responsibilities

Brigadier Martin Xuereb, the head of the Armed Forces of Malta (AFM), spoke at a recent seminar sponsored by the European Parliament, “Europe’s new Mediterranean reality: Migration and asylum in Malta, Greece and Cyprus,” and summarised Malta’s interpretation of its search and rescue obligations.  Xuereb said that Malta is obligated to coordinate search and rescue operations within its SAR zone, but is not required to perform all rescue operations.

Xuereb said Malta believes rescued persons should be disembarked at the nearest place of safety which, given the size and location of the Maltese SAR, will sometimes mean that Italian territory, particularly Lampedusa, is closer.  Xuereb acknowledged that this interpretation is not shared by others.  Xuereb “said that Malta had consistently insisted that the arrangement that best represented the interests of rescued persons was one that saw them disembarked in the nearest place of safety.”  He said the Maltese Rescue Coordination Centre (RCC) has coordinated or assisted with 54 SAR cases so far this year.

Xuereb also confirmed that Malta would continue its refusal to host Frontex joint operations because of its objections to Frontex guidelines which are based “on a number of grounds, including the fact that [the guidelines] addressed matters deemed to be outside community competence and attempted to erode the rights that Malta enjoyed under the international legal framework. … In light of these guidelines, Malta considered the hosting of [Frontex] joint operations to be detrimental to its national interest.”  Malta objects to the guidelines because it believes they would require rescued migrants to be disembarked in the country hosting the joint operation.

Click here and here for articles.

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by | 01 Jul 2011 · 05:04

Klepp, Int J Refugee Law, “A Double Bind: Malta and the Rescue of Unwanted Migrants at Sea, a Legal Anthropological Perspective on the Humanitarian Law of the Sea”

An article by Silja Klepp (Research Associate, Research Center for Sustainability Studies (artec), University of Bremen) entitled “A Double Bind: Malta and the Rescue of Unwanted Migrants at Sea, a Legal Anthropological Perspective on the Humanitarian Law of the Sea” has been published as an online advance access article by the International Journal of Refugee Law.

Abstract: “This paper discusses research results from anthropological fieldwork carried out in Malta in 2007. The island, which is situated in the central Mediterranean Sea between Tunisia, Libya and Italy, is a focal point regarding the continuing refugee situation. One of the research aims was to investigate the situation at sea concerning Search and Rescue (SAR) operations for migrants and refugees crossing the Mediterranean by boat. In the year 2006, 556 missing and drowned migrants were registered in the central Mediterranean between Libya, Malta and Italy, this number increased to 642 in 2008.1 The goal of the research in Malta was therefore to understand why an increasing number of migrants were dying at sea and what role the European security forces play in this context.

After introducing the research perspective of this article, background information concerning migration movements in the Mediterranean Sea between Libya, Italy and Malta in recent years is provided. Due to European regulations, which are considered unfavourable for the island, and its population density, Malta feels under pressure from migrants arriving by boat across the Mediterranean. Different concepts regarding a ‘place of safety’ to disembark rescued boat migrants are debated. The ambiguities in the responsibilities cause problems for the captains who rescue migrants in distress at sea. These ambiguities may in turn lead to a weakening of the SAR regime. Following discussion of the legal and political quarrels on the place of safety, the SAR operations at sea of the Armed Forces of Malta is analysed. The findings show that it is not merely a case of enforcing legal norms created by international law. The process is much more complex: legal gaps are filled by regional actors, through informal or even illegal practices, asserting their own claims at their convenience. Thus, transnationalization processes of law, such as the international SAR regime, are a fragmented and ambiguous set of regulations, creating space for negotiation and manoeuvre.2”

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

Also by Klepp from 2010, European Journal of Migration and Law: “A Contested Asylum System: The European Union between Refugee Protection and Border Control in the Mediterranean Sea.”

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