Tag Archives: Migrants

by | 16 May 2011 · 05:51

Maltese JHA Minister: Migrant Boats Have Rights of Passage and Rescue Not Always Needed

Maltese Justice and Home Affairs Minister Carm Mifsud Bonnici is quoted by AP as saying that migrant boats leaving Libya “have the right of passage and nobody can stop them, not even our forces or a NATO ship.  As long as [the boats] are not in distress, then [there] is no issue.”

While Mifsud Bonnici’s observation about the right of passage in international waters is technically correct, given that all or virtually all of the migrant boats that have left Libya in recent weeks have been severely overloaded, all migrant boats leaving North Africa under the current situation should be considered to be in distress and in need of rescue.  Migrant boats departing from Libya with few exceptions must pass through the Maltese Search and Rescue Area and Malta should not avoid its rescue at sea obligations under international law by claiming that it is respecting a vessel’s right of passage.  The UNHCR has called upon “states, commercial shipping companies and others present in the Mediterranean to consider that all boats leaving Libya for Europe are likely to require assistance.”

Click here or here for AP article.

Click here for UNHCR statement.

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by | 16 May 2011 · 05:15

Tunisia Intercepts / Rescues Migrant Boat Fleeing Libya

Tunisian Coast Guard and Army units (les unités de la garde maritime et de l’armée nationale) intercepted and rescued 222 people on board a migrant boat that left Libya and was attempting to sail to Italy.  The incident occurred on Saturday, 14 May.  The migrant boat was intercepted near Djerba and had reportedly made a distress call because it was taking on water.  The people on board the boat were reportedly all sub-Saharan Africans and they have been taken to the Tunisian camp at Choucha (Shusha).

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

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by | 14 May 2011 · 17:21

Retour des Contrôles Dans L’espace Schengen (by Chappatte)

© Chappatte - http://www.globecartoon.com - Used by Migrants At Sea with permission.

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by | 13 May 2011 · 15:23

Follow-Up Report and Analysis Regarding Failure to Rescue Disabled Migrant Boat Resulting in 61 Deaths

UNHCR today released more information from three Ethiopian survivors of the migrant boat that left Tripoli on 25 March with 72 passengers and which, after becoming disabled and running out of food and water, washed ashore in Libya over two weeks later with only nine survivors.

Additionally, the Bruxelles2 blog in a recent post, “Un navire de réfugiés non secouru ? Retour sur un drame non élucidé,” has provided detailed analysis regarding the possible identities of the helicopter and warships that failed to render assistance to the migrant boat after it had become disabled.  (See more on this below.)

From UNHCR’s statement:

“[One surviving] refugee said that military vessels twice passed their boat without stopping, and that a military helicopter dropped food and water onto the boat at some point during the journey. The first boat refused their request to board. The second only took photos, he said. The man was not able to identify where the vessels came from.

UNHCR staff met with the three in Shousha camp in Tunisia. One spoke Arabic, while the others spoke Oromo. UNHCR interviewed the Arabic speaker. He said that they paid smugglers US$800 to make the journey. The passengers were expected to operate the boat on their own.

According to the refugee, when water ran out people drank sea water and their own urine. They ate toothpaste. One by one people started to die. He said that they waited for a day or two before dropping the bodies into the sea. There were 20 women and two small children on board. A woman with a two-year-old boy died three days before he died. The refugee described the anguish of the boy after his mother’s death.

After arrival on a beach near Zliten, between Tripoli and the Tunisian border, a woman died on the beach from exhaustion. The remaining 10 men walked to the town of Zliten where they were arrested by the Libyan police. They were taken to a hospital and then to a prison where they were given some water, milk and dates. After two days another survivor died.

After begging jail staff to take the remaining survivors back to hospital, they were taken to a hospital in al-Khums city. Doctors and nurses were said to have given the group water and told them to leave. They were returned to the prison and then taken to Twesha jail near Tripoli. Finally Ethiopian friends in Tripoli paid the prison US$900 to release the men. UNHCR is now providing them with assistance in Tunisia.”

Bruxelles2 notes that the survivors’ reports that the helicopter that dropped supplies had an “Army” marking on it would tend to suggest that the helicopter did not belong to France (“Marine”), Italy (“Marina”), the U.S. Navy (“Navy”), or the Royal Navy (“UK Navy”).  Bruxelles2 believes it is plausible that an “army” helicopter belonging to the US or UK could have been operating in the area, but US Army helicopters tend to be marked “United States.”  According to Bruxelles2 some British army helicopters do carry the “Army” marking.  (One other possibility I would note is that the survivors could simply be mistaken about the marking – they recall clearly that a military helicopter hovered over them and dropped supplies, but incorrectly remember, misread, or assumed that the marking on the side of the helicopter said “Army”.)

Bruxelles2 also suggests that there are other warships that might appear to be an aircraft carrier, especially when viewed from a small migrant boat.  Bruxelles2 points in particular to “the USS Kearsarge (LHD3), [an] amphibious ship [that] regularly hosts (and welcomed during the operations – which the U.S. Navy confirms) AV-8B Harrier vertical takeoff [aircraft].”

Bruxelles2 also notes that the time period when the migrant boat was disabled and drifting was a period when there was a shifting of commands for the multiple European and US naval and air forces operating off Libya.  NATO took command of the maritime embargo on 23 March; the no fly zone and the air attacks were initially under the control of an ad hoc coalition (France, UK, USA, Canada, Belgium, Denmark); full command did not shift to NATO until 31 March and even then it took several days for the transfers of command to occur; and some military vessels continued (and continue to this day) to operate under independent national command.

In short, NATO may be fully correct when it says that a vessel under its command during the time period in question did not encounter the disabled migrant boat.  Further investigation into responsibility is needed.

Click here for UNHCR statement.

Click here for Bruxelles2 post. (FR)

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by | 13 May 2011 · 14:12

NATO Warships Defend Against Small Boat Attack on Misrata

From a NATO press statement: “Naples, Italy. In the early hours of Thursday 12 May 2011, while conducting Embargo patrols in the waters off the coast of Libya, NATO warships participated in a coordinated defence against a small boat attack threatening the port city of Misrata.  Beginning at approximately 2 a.m. the Canadian Frigate HMCS CHARLOTTETOWN acting in concert with the British Destroyer HMS LIVERPOOL and supported by a French warship not under NATO Command, thwarted an attack on the port of Misrata by a number of fast small boats.  The boats were forced to abandon their attack and regime forces ashore covered their retreat with artillery and anti-aircraft canon fire directed towards the allied warships….”

Click here for full statement.

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by | 13 May 2011 · 05:48

Maltese JHA Minister Doubts Migrants Are Being Pushed to Flee Libya

An article in the Malta Independent says that Maltese Justice and Home Affairs Minister Carm Mifsud Bonnici believes it is unlikely that the asylum seekers who have reached Malta in recent weeks have been forced by anyone to flee Libya.  His view is at odds with the statements being made by some of the migrants who have recently arrived in both Lampedusa and Malta.

Mifsud Bonnici “said that he doesn’t think the thousands who have fled from the north African country so far have done so because they were pushed by some people. ‘I don’t think there are any people who are benefiting from this exodus of immigrants to Europe. From the information we have, there is no evidence to suggest that people are being pushed into boats and sent towards Europe. Most immigrants have sought pastures new simply because they fear for their lives. As I have said time and time before, this latest wave of immigration is different to what we have experienced before. Quite a lot of the immigrants who have come to Europe by boat over the past few weeks came with their families, are university graduates, and have a lot of work experience behind them,’ Dr Mifsud Bonnici said.”  The latest boat arrival in Malta carried mostly Libyan nationals.  Over 1100 persons have landed in Malta over the past six weeks.

Click here for article.

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by | 12 May 2011 · 05:36

Frontex Issues 2011 Annual Risk Analysis

Frontex posted its 2011 Annual Risk Analysis to its web site yesterday. [Update 9 May 2012: 2011 Annual Risk Analysis also available here: frontex_annual_risk_analysis_2011 ]

From the Frontex web page: “Frontex’s Annual Risk Analysis 2011 records the main trends in regular and irregular migration into the European Union in 2010 and offers predictions for the coming year’s trends. Regarding irregular migration, the sharp decrease reported in 2009 (of around a third on 2008) stabilised in 2010; Member States and Schengen Associated Countries reported a total of 104,049 detections of illegal border crossing at the sea and land external borders, a total almost identical to the 2009 figure of 104,599….”

Executive Summary:  “Irregular migration represents a small proportion of the total movement of persons across the borders, three quarters of which are EU nationals. Over 100 nationalities require a visa to enter the EU, accounting for more than 80% of the non-EU population, while about 1 billion nationals from 37 countries do not require a visa. As yet, there are no precise statistics available on passenger flows for 2010, but it is widely regarded to have recovered somewhat from the decline of 2009.

Regarding irregular migration, the sharp decreasing trend reported in 2009 stabilised in 2010; Member States and Schengen Associated Countries reported 104 049 detections of illegal border-crossing at the sea and land external borders, a total almost identical to 2009.

Irregular migration through western African, western Mediterranean and central Mediterranean routes continued to decrease, thus reducing the overall detection of irregular migration of West Africans who, in the past, used to be the most commonly detected migrants on those routes. By contrast, there was an abrupt increase in detections of illegal border-crossing at the land border between Turkey and Greece. Consequently, in 2010 the eastern Mediterranean route became the main channel of irregular migration into the EU, and Turkey – the main transit country for irregular migrants.

The sudden increase in detections of illegal border-crossings along a small section of the Greek-Turkish land border in October 2010 was due to facilitators exploiting variations in the vulnerability of the external border. This development triggered the first deployment of the Rapid Border Intervention Team (RABIT) in November 2010.

At EU level, refusals of entry decreased marginally in 2010; however, trends differed extensively between nationalities. Ukrainians continued to be the main nationality refused entry at EU Member States’ external borders in 2010, mostly at the Ukrainian border with Poland which is one of the busiest border sections along the EU’s external borders. Furthermore, Serbians became the second most frequently refused nationality at the external land borders, with more than an 80% increase, following the visa liberalisation process in the Western Balkans. At the external air borders, Brazilians continued to be the nationality most often refused despite the fact that these refusals declined by more than 20% compared to 2009.

At the end of 2010, the detection of false documents at entry points to the EU reached their highest level since data collection began in early 2009. Apart from this increase, there are reports of widespread abuse of authentic documents by unauthorised users known as impostors.

Looking ahead, regular passenger flows across the external borders will increase due to rising global mobility, possible visa-liberalisation procedures for the EU’s eastern European partners and new local border-traffic agreements along the eastern borders. These developments will increase the workload of border-control authorities in preventing the use of legal channels for overstaying. In addition, Europe will host two major sporting events – the Olympic Games in London and the UEFA Euro 2012 in Poland/Ukraine.

Consistent with the increasing flow of passengers, the growing number of registered traveller programmes (RTP) should further facilitate bona fide passenger flows and will put additional emphasis on risk analysis-driven border checks in order to ensure the smooth flow of legitimate passengers.

There might be changes in the external Schengen and EU borders in 2011 or 2012, with the possible entry of Romania and Bulgaria into the Schengen area and Croatia’s possible accession to the EU.

The most likely high-pressure points for illegal border-crossings in 2012 will be along the Mediterranean coast and the land border with Turkey. Migrants with relatively easy access to Turkey or North Africa will continue to typify the flow.”

Click here for the Frontex statement.

Click here for the 2011 Annual Risk Analysis.  [Update 9 May 2012: 2011 Annual Risk Analysis also available here: frontex_annual_risk_analysis_2011 ]

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by | 12 May 2011 · 05:03

ICJ Publishes New Practitioners Guide –“Migration and International Human Rights Law”

The International Commission of Jurists has just published its sixth Practitioners Guide entitled Migration and International Human Rights Law: Practitioners Guide No. 6.  The Guide was researched and written by Massimo Frigo and edited by Róisín Pillay.

“The Practitioners Guide on Migration and International Human Rights Law analyses the protection afforded to migrants by international law and the means to implement it at national and international levels. The Guide synthesises and clarifies international standards on key issues, in particular: the rights and procedures connected to the way migrants enter a country and their status in the country of destination; human rights and refugee law constraints on expulsion; the human rights and refugee law rights linked to expulsion procedures; the rights and guarantees for administrative detention of migrants; rights connected to work and labour; and rights to education, to the highest attainable standard of health, to adequate housing, to water, to food, and to social security.”

The 300 page Guide includes Chapters or Annexes on Human Rights Impediments to Expulsion, Detention, ESC Rights in Migration, and International Legal Remedies, among other subjects.

Click here or on this link  PGNo6-ElectronicDistribution for the Practitioners Guide.

(Thanks to Massimo Frigo for bringing this to my attention.)

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by | 12 May 2011 · 04:27

Extraordinary JHA Council Meeting 12 May

From the Europa web site:  “This Council meeting will focus mainly on migration and border related issues arising from the situation in the Southern neighbourhood region. Ministers will follow up the European Council conclusions of 11 March (EUCO 7/11) and 24-25 March (EUCO 10/11, pt 18-26) and the Council conclusions of 11-12 April 2011 (8909/11). They will also discuss a related communication to be presented by the Commission. The state of play as regards the proposal for modifications to the 2004 regulation that established the European agency for the management of operational cooperation at the external borders of the EU member states (FRONTEX) will also be reviewed at a meeting of the Mixed Committee in the margins of the Council….”

From the Commission’s Memo:

“Main Council agenda items:

[***] The Commission expects the Council to support the main lines of action set out in its 4 May Communication on migration for a more structured, comprehensive response to the challenges and opportunities of migration. These proposals, which come in addition to the urgent short-term measures already taken by the Commission to deal with the migration situation in the Southern Neighbourhood and migration pressures on frontline Member States, will be followed by flanking initiatives in the coming weeks and months. A first series of proposals, notably on integration and migration relations with the Southern Mediterranean, will be submitted to the College for adoption on 24 May.

Background: On the 4th of May 2011 (IP/11/532 and MEMO/11/273), the Commission presented its comprehensive strategy for a common EU asylum and migration policy, also in view of the current developments in the Mediterranean. The initiatives cover various aspects of migration, including provisions for:

  • Effective and credible controls at the EU external border (strengthening of Frontex; exploring the feasibility of creating a European system of borders guards).
  • An improvement of Schengen governance (guidelines to ensure a coherent implementation of the Schengen rules; revised evaluation mechanism based on a Community approach; a possible EU-coordinated mechanism allowing for the temporary reintroduction of controls at the internal borders, as a last resort and under exceptional circumstances)
  • An effective and responsible approach to tackling irregular immigration (effective implementation of EU legislation and rethinking of the EU readmission policy).
  • Promoting mobility in a secure environment (possible development of a ‘new generation’ of border checks; proper use of visa liberalisation combined with safeguards).
  • Achievement of a Common European Asylum Policy (adoption of the Commission proposals already tabled).
  • Further development of common rules on legal migration and an exchange of experience and best practices on the integration of migrants.
  • Deepened relations with third countries in the framework of the Global Approach to Migration, in particular through enhanced dialogues and Mobility partnerships with countries in the Southern Mediterranean.

2. Strengthening Frontex Agency

[***] Commission’s position: The Commission expects that the European Parliament and the Council will deploy all necessary efforts to find an agreement on the Commission’s proposals by the end of June, considering that such an agreement would help Frontex to better assist the EU in facing the current migration situation.

Background: In February 2010 (IP/10/184 and MEMO/10/45), the Commission made proposals to strengthen European Union’s border management agency, Frontex. The proposals include reinforcing the legal framework to ensure full respect of fundamental rights during Frontex activities and enhancing the operational capacity of Frontex to support Member States. With the new proposal, Member States would put more equipment and more personnel at the Agency’s disposal. Frontex would be able to co-lead border patrols operations with EU Member States or lease and buy its own assets (such as vessels or helicopters). It would also be allowed to provide technical assistance to third countries and deploy liaison officers in third countries.

3. Evaluation and future strategy for EU readmission agreements (EURAs)

[***]

Pledging Conference on relocation and resettlement

[***]

Commission’s position: The Commission took the initiative to gather the Ministers, expecting confirmation of their commitment to engage in further relocation of refugees from Malta and to resettle refugees stranded in North Africa. This would demonstrate the concrete solidarity the EU and its Member States are willing to show in times of need, both internally with its own Member States and to its international partners. The Commission is ready to provide funding for the extension of the pilot project of relocation from Malta, as well as for resettlement from North Africa undertaken on a voluntary basis by Member States.

Background: The implementation of the EU relocation pilot project with Malta has been ongoing for more than a year and it has been a success in demonstrating concrete intra-EU solidarity by the relocation of refugees present in Malta to other Member States. In April, the Council adopted conclusions on solidarity, where it reaffirmed the need for solidarity towards Member States most directly concerned by migratory movements and welcomed the Commission’s intention to extend the existing pilot project for the relocation of refugees from Malta. Several Member States have announced their intention to participate in this project. In its conclusions, the Council also requested the Commission to facilitate resettlement activities undertaken on a voluntary basis by the Member States, also by means of financial support. The resettlement of refugees stranded in North Africa had already been discussed at a meeting on the 25th of March, with the participation of the UNHCR, during which Member States provided information on their commitments to resettle a number of refugees from the region.”

Click here for Commission’s Memo

Click here for Agenda.

Click here for Background Note.

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by | 11 May 2011 · 19:12

Guardian: Libya Official Admits Migrant Ships Being Allowed to Sail as Protest Against Nato

From today’s Guardian:  “The Libyan regime of Colonel Muammar Gaddafi is allowing thousands of sub-Saharan African migrants on to overcrowded, unseaworthy ships in an apparently calculated attempt to use migration as a weapon to pressure Nato and the EU countries backing Libya‘s rebels. [***] Officials said they were doing nothing to encourage the journeys to Italy, but could see no reason to stop them, because doing so would serve the interests of Nato member states bombing Libya.

‘We say to Europe that we can no longer do what we used to do,’ said the prime minister, al-Baghdadi Ali al-Mahmoudi. ‘And that’s because Nato has ruined our coastal defences.’ [***] [S]urvivors told the [UNHCR] that some ships were leaving Tripoli only for their captain to disembark once they were at sea and take a pilot boat back to shore.  ‘They [the migrants] are told, “here’s the compass, you go that way”,’ [UNHCR spokesperson Melissa] Fleming said. [***]”

Click here for Guardian article.

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by | 11 May 2011 · 05:20

58 Bodies Discovered in April on Tunisian Beaches

The Tunisian Interior Ministry released a communiqué reporting that authorities during the month of April recovered a total of 58 bodies that had been washed ashore.   The bodies were mostly those of men and were found along beaches in Skhira, Chaffar, and Kerkennah, in the department of Sfax, and in Gabès, Djerba, and Mahdia.  The dead are believed to be persons who attempted to reach Italy by boat.

Click here and here for articles (FR)

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by | 11 May 2011 · 05:16

Royal Navy Destroys Mine Outside Misrata Harbour

A Royal Navy mine counter-measures vessel, the HMS Brocklesby, last week located and destroyed a mine containing 100 kg of high explosives outside of the Misrata harbour.

Click here for Royal Navy press statement.

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by | 11 May 2011 · 00:06

Libya: Because of NATO Aggression, We Cannot Be Guards of Europe

From an AP story about the sinking of the migrant boat that left Tripoli last week, killing hundreds of persons:

“… International agencies say some recent migrants report being forced onto dangerously packed ships at gunpoint by Libyan soldiers. A spokesman for Moammar Gadhafi suggested that increased illegal immigration was the price European nations would pay for their military and political support of the rebels trying to topple Libya’s strongman. ‘Because of the NATO aggression against our country and because our coastal border guard is being hit daily … we are unable to deal with this situation and that is why Europe is being flooded with illegal immigration,’ government spokesman Moussa Ibrahim said. ‘We cannot be the guards of Europe at this moment.’…

The U.N. said migrants’ boats started leaving Libya for Europe again on March 25, the day NATO took over military operations. About 14,800 since have made the gruelling journey across the Mediterranean in rickety ships run by smugglers who rarely provide enough food and water. At least 800 people had been lost at sea in three boat sinkings before the latest ship went down with 600 aboard off Tripoli on Friday, the U.N. said.  Five boats carrying 2,400 people have arrived in recent days on the Italian island of Lampedusa, the closest European point to Libya. Every one of those boats needed to be rescued by the Italian coast guard and police, the U.N. said.

‘We know that the people running the boats are smugglers. But obviously you cannot have over 2,000 people leaving in a few short days without the government knowing and allowing it,’ U.N. refugee agency spokeswoman Sybella Wilkes said. ‘That port of Tripoli is under government control.’…”

Click here for full text of article.

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by | 10 May 2011 · 05:31

IOM Reports Migrants Were Forced by Libyan Soldiers to Board Boats

The International Organization for Migration has interviewed migrants who reached Lampedusa who witnessed the migrant boat carrying 500-600 people that sank just off the Libyan coast this past Thursday or Friday.  IOM reports that persons who were preparing to leave Libya on a second migrant boat witnessed the accident involving the first boat.  “Migrants … told IOM that after seeing what had happened to the first boat, many of them who had been waiting on land [preparing to board the second boat] changed their mind about making the sea journey to Italy. However, they claim that Libyan soldiers and officials forced them onto a waiting boat by firing their guns indirectly.  Although this is the first time that IOM has been told of migrants being forced by Libyan officials to get on a boat, many have told IOM that they did not have to pay for their passage to Lampedusa while others say they have paid a nominal fee. However, they say that they been stripped by officials and soldiers of their savings and possessions, including mobile phones….”

Click here for IOM press briefing.

Click here for article.

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by | 09 May 2011 · 16:09

PACE President Calls for Inquiry into Europe’s Role in Deaths of 61 Boat People

Full Text:

“Strasbourg, 09.05.2011 – Mevlüt Çavusoglu, President of the Parliamentary Assembly of the Council of Europe (PACE), today expressed his distress and deep concern following reports that 61 boat people have died after their appeals for rescue were ignored. Reportedly, their boat was left to drift in the Mediterranean for 16 days.

‘If this grave accusation is true – that, despite the alarm being raised, and despite the fact that this boat, fleeing Libya, had been located by armed forces operating in the Mediterranean, no attempt was made to rescue the 72 passengers aboard, then it is a dark day for Europe as a whole,’ he declared.

‘I call for an immediate and comprehensive inquiry into the circumstances of the deaths of the 61 people who perished, including babies, children and women who – one by one – died of starvation and thirst while Europe looked on,’ he added.

‘At the same time, we have also witnessed acts of solidarity: over 400 boat people were rescued yesterday by the Italian coastguard, with the help of Lampedusa’s inhabitants,’ he said. ‘This is something Europe should be proud of.’

‘Finally, Europe should stop exaggerating the impact of these arrivals. Libya’s neighbouring countries, mainly Egypt and Tunisia, are dealing with over 650 000 refugees who have fled the conflict there. In a spirit of solidarity and of burden-sharing, the 27 EU member states should at least be able to deal, in a humane way and in compliance with their international obligations, with the arrival by boat of several thousand,’ Mr Çavusoglu added.

‘Our Assembly will be sending a delegation to Lampedusa on 23-24 May 2011 to evaluate the situation there, ahead of two major debates – possibly in June – on the rescue of boat-people and the need for Europe to share responsibility. The Assembly has produced a string of critical reports on these matters, and will continue to urgently insist on the humane and lawful treatment of asylum-seekers, refugees and irregular migrants coming to Europe.'”

Click here for link to statement.

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