Tag Archives: NATO

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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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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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.

Click here and here for previous posts.

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Rescued Migrants Remain on NATO Ship While Consultations Continue Regarding Place of Disembarkation

According to information provided to me today by the NATO Public Affairs Office for Operation Unified Protector, most of the migrants who were rescued on 10-11 July by a NATO warship are still on board the Spanish Navy frigate.  An unspecified number of the migrants in need of immediate medical attention have been “off-loaded to safety” to an unidentified location.

While the NATO Public Affairs Office did not identify the NATO ship or its nationality, the Spanish Defence Ministry and Navy have previously confirmed that the Spanish frigate Almirante Juan de Borbón is the NATO ship that performed the rescue.

According to NATO, “the NATO Frigate responded [on 10 July] to a vessel in distress some 75 miles off the coast of Libya. A NATO ship [then] … provided medical support, food and offered mechanical assistance to the distressed civilians. [On the] 11th of July, the migrants (approximately 100), Ghanaians, Tunisians and Libyans, were transferred onto the NATO ship in accordance with the Safety of Life at Sea (SOLAS) protocol…”

Most of the migrants remain on board the Spanish frigate.  NATO says that “the appropriate legal, diplomatic and military authorities are being consulted to determine future course of action.”

I have asked for further information regarding to what location the migrants who were in need of immediate medical attention have been taken.  The possibilities presumably are another ship with appropriate medical facilities, Tunisia, Libya, Italy, Malta, or Spain.

Click here for my previous post on this topic.

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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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Filed under Italy, Libya, Malta, Mediterranean, News, Spain, Turkey

PACE Appoints Tineke Strik as Rapporteur to Investigate Mediterranean Sea Deaths

The Migration Committee of the Parliamentary Assembly of the Council of Europe has appointed Tineke Strik (Netherlands, SOC) to prepare a report on the deaths of boat people who have died in the Mediterranean since January 2011.

From the PACE press statement: “‘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.”

Click here for PACE press statement.

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NATO Ships Rescue Migrant Boat Off Spanish Coast

Two NATO ships, the Polish warship Kontradmiral Xawery Czernicki and the German warship Datteln, rescued 9 migrants in an inflatable boat on 16 June.  The incident occurred 80 km off the Spanish coast.  The German warship initially provided water to the migrants on the inflatable.  Spanish rescue services were notified when it appeared the migrant boat was taking on water.  A Spanish Salvamento Marítimo boat took the migrants on board and transported them to Spain.  The two NATO ships were participating in NATO Operation Active Endeavour which is the post-9/11 anti-terrorism operation in the Mediterranean and northern Red Sea aimed at protecting merchant vessels against attacks by terrorists.

Click here for Polish Navy press statement.

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

German warship Datteln and Spanish Salvamento Marítimo boat. © Polish Navy / Marynarka Wojenna RP

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Italian Minister Proposes that NATO Ships Block Migrant Boats from Departing Libya

Italian Interior Minister Roberto Maroni is calling for the NATO maritime blockade of Libya to be expanded to block the departure of migrant boats attempting to flee Libya.  Maroni said “I think you can intervene immediately by asking the NATO vessels already along the Libyan coast … to also be used to block people from leaving … This can be done right away if NATO agrees. It would be a solution to the problem.”

Click here and here for articles.

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Gisti Calls for NATO to Use Its Surveillance Capabilities to Prevent Migrant Deaths at Sea

From Gisti:

“…  Faced with hundreds of fatal wrecks in the Mediterranean, can we simply denounce the deafening silence in which lives are lost at our doors? Should we accept being powerless in the face of immigration politics which we cannot change? Those who have drowned are not the victims of natural disasters, but of political decisions carried out by persons whose responsibility must be marked. In response to these attacks on the most fundamental right – the right to life – we must ensure that procedures are undertaken and that justice is done. We must stop this carnage. [***] These wrecks, sinking boats transformed into floating coffins of men, women and children, deaths from exposure,  hunger and thirst after drifting at sea, have become commonplace.  [***] But things have changed since an international coalition and NATO forces intervened in Libya. Today, AWACS, drones, planes, helicopters, radar, and warships watch everything that moves in the Mediterranean. They can not fail to see the boats of exiles from sub-Saharan Africa who seek to flee from Libya. [***] By not intervening, they are guilty of failing to assist persons in danger. This can not go unpunished. [***]>>

<<[***] Face aux centaines de naufrages mortels en Méditerranée, peut-on se contenter de dénoncer le silence assourdissant dans lequel des vies disparaissent à nos portes ? Doit-on se résoudre à l’impuissance devant des politiques migratoires auxquelles on ne pourrait rien changer ? Ces noyées ne sont pas les victimes de catastrophes naturelles, mais de décisions politiques mises en œuvre par des exécutants dont les responsabilités doivent être pointées. Devant ces atteintes au droit le plus fondamental – le droit à la vie – il faut que des procédures soient engagées et que justice soit rendue. Il faut mettre fin à cette hécatombe. [***]  De ces naufrages, des épaves transformées en cercueils flottants d’hommes, de femmes et d’enfants morts d’épuisement, de faim et de soif après de longues dérives en mer, l’opinion a pris l’habitude. [***]  Mais la donne a changé depuis qu’une coalition internationale et les forces de l’OTAN interviennent en Libye. Aujourd’hui, awacs, drones, avions, hélicoptères, radars et bâtiments de guerre surveillent tout ce qui bouge en Méditerranée. Ils ne peuvent pas ne pas voir les bateaux des exilés originaires d’Afrique subsaharienne qui cherchent à fuir la Libye. [***] En n’intervenant pas, ils se rendent coupables de non-assistance à personne en danger. Ceci ne peut rester impuni. [***] >>

Click here for full statement.  (FR)

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Filed under European Union, Frontex, Italy, Libya, Mediterranean, Statements, Tunisia

1500+ Migrants Land in Lampedusa / NATO Helicopters Report Migrant Boat Sightings to Maltese SAR Authorities

Seven migrant boats from Libya carrying over 1500 migrants arrived in Lampedusa over a 12 hour period Friday night to Saturday.  The large number of arrivals follows an 11 day period when there where no arrivals on Lampedusa.  Improved sea conditions are again believed to be the main explanation for the timing of arrivals.

According to Maltese news reports, NATO Headquarters in Naples informed Maltese SAR authorities that a helicopter operating from a NATO vessel had sighted several of the migrant boats sailing north from Libya and search operations for the migrants boats were begun as a result.

It would be helpful if NATO’s press office would include information on NATO’s search and rescue activities and sightings of migrant boats in its daily Unified Protector Operational Media Update.  The Update already includes a daily tally of NATO air operations (sorties and strike sorties), hits, maritime arms embargo activities (hailings, boardings, interdictions), and humanitarian assistance movements.

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

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Libyan Navy Destroyed by NATO

British RAF warplanes destroyed or severely damaged all (or most) of Libya’s navy which consisted of about 8 ships.  The attacks occurred last Thursday.  There are conflicting media reports about whether any of the destroyed vessels included Libyan coast guard patrol boats.

Click here and here for articles.

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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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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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Filed under Analysis, France, Italy, Libya, Mediterranean, News, UK, United States

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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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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