Tag Archives: Migrants

EU-Libya Association Agreement Negotiations

A Reuters article from 11 May reports that the EU and Libya may sign a cooperation pact known as an Association Agreement before the end of the year and that the pact would address matters such as trade and the control illegal immigration.   An EU mission will likely be opened in Libya before the end of the year according to Reuters.

Commissioner Cecilia Malmström during an interview with the Times of Malta several weeks ago referred to her efforts to begin immigration discussions with Libya:

“Libya is not exactly the easiest government to cooperate with and you know that much better being neighbours. It’s a complicated but important country and we will try to move forward. I’ve already written a letter to the Libyan Foreign Minister suggesting that we should sit together and identify areas where we can cooperate more in the field of migration.”

And Frontex’s 2009 General Report states that one of Frontex’s “overriding priorit[ies]” for 2010 is the development of “structured operational co-operation with neighbouring Mediterranean countries.”  Presumably Frontex desires such an agreement with Libya.

Click here and here for articles.

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Filed under European Union, Frontex, Libya, Mediterranean, News

LIBE Votes to Refer Frontex Sea Border Rules to JURI

At its meeting on 10 May, the LIBE committee voted to send a request to the JURI committee regarding the Council Decision pertaining to the procedures to be applied during Frontex surveillance and interdiction operations at sea.  The request asks the JURI committee to refer the Council Decision to the European Court of Justice on the procedural ground that the Council Decision should not have been dealt with as a comitology measure but instead should be grounded on a legal basis.

I have not yet been able to find a copy of the LIBE committee’s letter to JURI, but a video of the LIBE committee meeting can be found on the EP Multimedia Library here or here.  The vote and the brief discussion occurs at approximately 16:44 in the video.

Click here for an earlier post.

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Mass Human Trafficking Trial in Libya

Over 450 defendants are being criminally tried in Libya, charged with human trafficking and facilitating illegal immigration.  The defendants are reportedly being jointly tried in groups of 30.  Among the defendants are members of the armed forces, public security, and Navy.  The trials are being conducted in special security courts.  ANSA reports that the special court proceedings are being used because the conduct has endangered Libyan national security.

According to an article in the Italian magazine Panorama (owned by Silvio Berlusconi (?)), this is the first such trial of its kind in Libya.  Apparently, only Oea, a Libyan newspaper (described by Panorama as a non-governmental paper) is being permitted to be present at the trials. An article in Oea describes a comment from a lawyer for one defendant saying that the case was difficult given the large number of defendants and the lack of adequate information.

Panorama describes the trials as a possible signal from Gaddafi and one which reveals what has always been suspected, that there has been complicity between traffickers and Libyan police.  Panorama concludes its article by asking whether the trials are genuine or merely propaganda.

Click here (IT) and here (Arabic) for articles.

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Filed under Italy, Libya, Mediterranean, News

Maroni: Migration Agreement with Libya is a Success

During an interview yesterday, Italian Interior Minister Roberto Maroni again described the bi-lateral migration agreement between Italy and Libya as effective saying that 850 migrants were successfully intercepted and returned last year.  He contrasted the 850 intercepted migrants with the 37,000 migrants who reached Italian shores in the previous year.  He said that the thousands of would be migrants who have been prevented from reaching Italy have been stopped by Libyan authorities in Libya.  He described this as the “fruit of the cooperation agreement with Libya.” (E’ il frutto dell’accordo di cooperazione fra Italia e Libia.”)

Click here (IT) for article.

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Filed under Data / Stats, Italy, Libya, Mediterranean, News

Italy Will Try to Convince Malta to Resume Frontex Patrols

A bi-lateral meeting between Italy and Malta is scheduled for Thursday, 13 May.  Italy’s Interior Minister Roberto Maroni reportedly has said that he will try to convince Malta to recommit to the Frontex sea patrols.  Maroni expressed concern that the lack of participation by Malta in the patrols will have negative consequences because it will create a break in what was a united front in the Mediterranean.

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

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Filed under Frontex, Italy, Malta, Mediterranean, News

Details from Frontex General Report 2009 (Post 1 of 2)

There is nothing really unexpected in the Frontex General Report for 2009.  If anything, it disappoints with its limited information.

The number of illegal border crossings at EU borders was smaller by a third in 2009 compared to 2008 and Frontex’s budget increased by 25% to € 88.3 million.

Frontex continued to devote the biggest single portion of its expenditures to maritime enforcement.  Almost 40% of Frontex’s total budget, over € 34 million, was spent on sea operations in 2009.  This constitutes 55% of the operational budget.  The Report notes that this cost is due to the high operating costs of ships and surveillance aircraft.

Expenditures for Frontex facilitated return operations sharply increased by 500% in 2009 to almost € 5.5 million.

Limited Information in the Report – The Report explains that Frontex made a decision in 2008 to decrease the level of detail provided in the General Report.  Frontex’s justification is that the Report “is mainly directed towards the general public” and the reduced level of detail “is more suited to this audience.”  This practice was unfortunately continued in the 2009 Report.

General Statistics – Overall there were 106,200 “detections of illegal border-crossings” at EU external land and sea borders in 2009.  This represents a 33% decrease in overall detected crossings relative to 2008, with a 23% reduction of detections at sea and a 43% reduction at land borders.

The reductions are attributed by Frontex to the economic crisis and to bilateral “collaboration agreements with third countries of departure” such as Libya, Senegal, and Mauritania.

Applications for international protection within the EU were 2% fewer in number than in 2008 and were approximately 50% of the 2001-2002 peak when 420,000 applications for international protection were filed.

Cooperation with Non-EU / Non-Schengen Countries – The Report states that cooperation with third countries, including neighbouring countries and countries of origin, is the critical element in “integrated border management.”   It describes Operation HERA as Frontex’s most successful joint operation due to close cooperation with West African countries, particularly Senegal and Mauritania.  On other fronts, “considerable progress” was made with Turkey consisting of Turkey’s appointment of a “first point of contact for Frontex related coordination issues” and preparation of a draft text of a possible Working Arrangement agreement.  “Ad hoc operational co-operation” was pursued when a targeted country was not willing or able to enter into a formal Working Arrangement with Frontex.  An “overriding priority” for Frontex in 2010 is the development of “structured operational co-operation with neighbouring Mediterranean countries.”  The Report acknowledges the existence of the bilateral migration agreement between Italy and Libya, but says nothing about its provisions other than to say that there were “contrasting interpretations of the International Law of the Sea” between Member States.  There is no criticism in the Report whatsoever of the Italian push-back practice.  It is obviously difficult for Frontex to criticise Italy, but was it not possible to note that most people and organizations who have considered the push-back practice have concluded that the practice violates international law?

New Partner Organisations – Frontex formalised a co-operation plan with Europol in October, a Working Arrangement with Interpol in May, a co-operation plan with IOM in February, and made a tripartite agreement with the European Maritime Safety Agency (EMSA) and the Community Fisheries Control Agency (CFCA) relating to maritime surveillance.

More to follow: I will post a second summary with additional information from the General Report pertaining to the specific sea operations for which information is provided within the next day or two.

Click here for the Report.

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Filed under Aegean Sea, Data / Stats, Eastern Atlantic, European Union, Frontex, Greece, Italy, Libya, Malta, Mauritania, Mediterranean, Reports, Senegal, Spain, Turkey

Icelandic Coast Guard-Frontex Ship Delivers Charity Supplies to Senegal

The Icelandic Coast Guard ship Ægir will be participating in Frontex patrols off the Senegalese coast from May to October.  Iceland will also provide at least one surveillance plane, a TF-SIF, to the Frontex mission. While not an EU member (at least not yet), Iceland is a Schengen country.  The Coast Guard will reportedly use funds paid by Frontex for the mission to also partially fund helicopter rescue services in Iceland.

Before starting its Frontex patrols, the ship delivered charitable donations from Iceland for ABC Children’s Aid, an Icelandic charity with programmes in Dakar.

Click here, here, and here for articles.

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Filed under Eastern Atlantic, Frontex, Iceland, News, Senegal

LIBE Vote Scheduled for 10 May re Challenge to Frontex Sea Border Surveillance Rule

LIBE members are scheduled to vote on Monday, 10 May, regarding a request to the JURI committee to approve an ECJ challenge to the new Frontex sea border surveillance rules.  Draft Agenda item 4: “Comitology measure on sea border surveillance (FRONTEX): Request to JURI concerning referral to European Court of Justice.”  The vote is scheduled to follow a report by Commissioner Cecilia Malmström to LIBE regarding the Commission’s work since its entry into office.

Click here for draft agenda.

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Filed under European Union, Frontex, News

Publication of Council Decision re Rules for Sea Border Operations Coordinated by Frontex

The Council decision on the surveillance of  sea external borders has been published in the EU Official Journal: “COUNCIL DECISION of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.”

Malta has strenuously objected to certain provisions within the new rule and has said that its decision not to host Frontex’s Central Mediterranean enforcement operation, Operation Chronos, was due to the disembarkation provisions contained in the new Frontex rule.  It should be noted that Malta has more recently said that its decision not to participate in Operation Chronos was due to the lack of need for the operation given the “success” of Italy’s push-back practice.

Malta’s objection to the guidelines is largely focused on the following provision in the rule for sea border operations:

“2. Disembarkation

2.1. 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. The operational plan shall not have the effect of imposing obligations on Member States not participating in the operation.  Without prejudice to the responsibility of the Rescue Coordination Centre, and unless otherwise specified in the operational plan, priority should be given to disembarkation in the third country from where the ship carrying the persons departed or through the territorial waters or search and rescue region of which that ship transited and if this is not possible, priority should be given to disembarkation in the host Member State unless it is necessary to act otherwise to ensure the safety of these persons.”

Commissioner Cecilia Malmström pointed out during her recent official visit to Malta that the rule could be interpreted by the member states participating in an operation so as to provide for disembarkation of migrants at a location other than the host state.

(HT to Steve Peers (Univ. of Essex) via Bernard Ryan on Migration and Law Network list serve.)

Click here for the Council Decision.

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Filed under European Union, Frontex, Malta, Mediterranean, News

Spanish Parliamentary Delegation Visits Senegal to Discuss Immigration

A Spanish parliamentary delegation from the Foreign Affairs Committee has completed an official visit to Senegal where they visited the Spanish-Frontex mission based in Dakar and met with Senegalese government officials.  The Spanish delegation included Josep Antoni Duran i Lleida, Chair of the Standing Committee on Foreign Affairs of the Congress of Deputies, and Jorge Moragas, coordinator of the Presidency and International Relations for the Partido Popular.

Duran i Lleida noted that no boat has succeeded in reaching the Canary Islands in recent months and that this is due to the Spanish presence in Senegal in the form of the National Police and Civil Guard.  The Spanish presence in Senegal along with support from Frontex carries out ongoing surveillance and patrols known as Operation Hera.

Duran i Lleida is quoted as saying that “Thanks to the work of the Spanish National Police and Civil Guard and collaboration with security forces, Senegal has managed to curb illegal immigration.”  He writes on his blog (in Catalan) that “for many years, Senegal is a country that has exported more illegal immigration. … Spanish authorities decided to negotiate with Senegal the conditions for ending illegal immigration. … Here in Dakar there is a unit of the Guardia Civil and [Spanish] police force with naval and air means that control, in collaboration with the Senegalese, the possible departures of illegal immigrants.”

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

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Filed under Eastern Atlantic, Frontex, News, Senegal, Spain

Maltese MEP Appointed EP Rapporteur on Review of the Frontex Regulation

The Malta Independent reports that Maltese MEP Simon Busuttil has been appointed the European Parliament’s rapporteur on the review of the law establishing the Frontex agency.  “As a rapporteur, Dr Busuttil will draw up the position of the European Parliament, including amendments to the proposal of the European Commission to change the agency’s legal framework. The changes must be agreed by the European Parliament and the Council of Ministers.”

MEP Busuttil is quoted as saying: “If we want an internal EU area without borders then we should share the responsibility of protecting our external borders. Co-ordination of our air, land and sea borders must improve.”  “In Malta we know that Frontex has not performed up to our expectations and I am keen to use the Maltese experience in order to improve the agency where it did not work well.” “Nevertheless, I am mindful of the fact that this agency is not there just for the Mediterranean but for all of Europe and for all of Europe’s borders, including its air and land borders. I will therefore be taking a holistic approach.”

Click here for article.

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Filed under European Union, Frontex, Malta, News

Gadhafi Suggests EU-Funded Program to Combat Illegal Immigration

As noted on Euromed-Migrasyl, in an interview with Der Spiegel, Libyan leader Moammar Gadhafi, has suggested that the EU pay Libya €5 billion “to combat illegal immigration”:

“SPIEGEL: In recent years, thousands of people have drowned as they tried to flee from Africa across the Mediterranean to Europe. What can you do to help end this tragedy?

Gadhafi: The European Union should annually pay Libya €5 billion ($6.6 billion) via a special fund to combat illegal immigration. We have a precisely calculated plan to solve this problem.

SPIEGEL: What kind of plan is this?

Gadhafi: We will organize housing and employment projects in the refugees’ African countries of origin so they remain there. We will do the same for those who are already in Libya, give them a place to live and create jobs for them. Furthermore, we are bolstering our border security on land and water with modern radar equipment and vehicles.”

During the interview Gadhafi also called for dissolution of Switzerland and said that his “closest friend in Europe is Italian Prime Minister Silvio Berlusconi.”

Click here for Der Spiegel article.

Click here for second article.

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Filed under European Union, Italy, Libya, News, Switzerland

Int’l Law Observer: Italy’s Asylum Policy Violates Int’l Law

Some additional comments on the Council of Europe CPT’s condemnation of Italy’s push-back practice in the Mediterranean can be found in a post by Michèle Morel on International Law Observer.

The “conclusion of the CPT is highly important in the light of the coming decision of the European Court of Human Rights on Italy’s asylum policy. It is a powerful signal, not only towards Italy but also towards other European countries carrying out the practice of intercepting and returning migrants without human rights guarantees, such as Spain and Greece.”

Click here for the complete post.

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Filed under Analysis, Council of Europe, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Italy, Libya, Mediterranean

LIBE Considering Legal Challenge to Council and Commission Over New Frontex Guidelines

Times of Malta reported on Monday that Maltese MEP and LIBE Committee member, Simon Busuttil, who is the EPP coordinator on LIBE, has received a positive legal response to his question regarding whether sufficient grounds exist to bring a legal challenge against the Council and the Commission in regard to the recently approved Frontex sea operation Guidelines.  This report follows by a few days Commissioner  Malmström’s first visit to Malta and the reaffirmation by Malta that it will not host Frontex’s Operation Chronos.

The Times of Malta states that “The EP’s legal unit advised there were enough grounds to take the EU Council and European Commission to court on the basis that the rules exceed the two institutions’ powers under the EU Treaties.”  MEP Busuttil was quoted as saying “I have already gone on record saying that I will not let this one go and this legal advice opens the way to court proceedings to invalidate these rules. I am reasonably confident that the European Parliament has a good case and the European Commission would do well to take this possibility into account and start thinking about Plan B.”

Click here for article.

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Malmström: Frontex Sea Operation Guidelines May Be Re-Negotiated by Participating Member States

Commissioner Cecilia Malmström was in Malta on 30 April for meetings with Maltese officials.  Malta recently reaffirmed its decision not to host Frontex’s Operation Chronos.  Malmström trip was planned before Malta’s announcement.  There is no indication that Malta changed its position during Malmström’s visit.

Malmström was interviewed during her visit by the Times of Malta and said that the new guidelines governing Frontex enforcement operations at sea could be negotiated by member states on a mission by mission basis.  The new guidelines require that intercepted migrants be taken to the country hosting the Frontex mission, but  Malmström said there is the possibility before a mission starts that the participating member states agree on different rules of engagement, which might include the sharing of responsibility where not all intercepted migrants would be brought to country hosting the mission.

Presumably participating member states would not be permitted to negotiate substantive mission by mission changes to the guidelines so as to undercut the very reasons for which the guidelines were recently adopted.

Click here for Times of Malta article.

Click here for video of Times of Malta Interview.

Click here, here, and here for other articles regarding the visit.

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Filed under European Union, Frontex, Malta, Mediterranean, News