Tag Archives: RABIT

by | 11 Nov 2011 · 05:51

Director Laitinen Describes Frontex Response to the 2011 Migratory Flows from North Africa

In a recent opinion article published on Publicservice.co.uk, Frontex Director Ilkka Laitinen described the challenges faced by Frontex and provided a description of Frontex’s “unprecedented” activities over the past 12 months in the operational theatre, referring to the first RABIT deployment in October 2010 and the response to the migratory flows from North Africa beginning in January 2011.

Extensive excerpts regarding the response to the migratory flows from North Africa:

“…  Since January 2011, world attention has been focused as never before on the Arab world. The ‘Arab Spring’ uprisings in North Africa and the Middle East once again redrew the European migration map, and Frontex’s operational capacity was tested again. With the arrival of almost 5,000 migrants on the tiny Italian island of Lampedusa, the agency was once more called upon to assist. However, the support required was in a very different form than that in Greece.

African exodus
The migratory flows from North Africa towards the EU external borders – predominantly to Italy and Malta – have been very different from those to Greece. Initially, almost all were economic migrants from Tunisia seeking work in Europe.

The modus operandi of the facilitation networks behind the phenomenon was a familiar one to Frontex, namely, over-packing unseaworthy vessels with inadequately experienced crews and little life-saving equipment, if any. This created a predominantly humanitarian need for search and rescue activities at sea. It also created an administrative challenge on shore, to process usually undocumented migrants, establish their nationalities and identities and take care of their immediate needs, as well as to transfer them to better equipped facilities on the mainland and start return procedures where appropriate. There was no call from Italy for a RABIT deployment, however. Italy is very well equipped for maritime border control, as well as for search and rescue activities. Where the Italian authorities requested most support was in Frontex’s other areas of specialisation – intelligence gathering, situational awareness, and the deployment of experts to the field to assist in the screening and debriefing of migrants (establishing probable nationality and gathering evidence of people smuggling respectively). Long before being called on by the Italian Ministry of Interior, Frontex’s Situation Centre and Risk Analysis Unit were busy identifying the full range of possible scenarios in Egypt, Tunisia and Libya, as well as monitoring developments in other countries in the region.

Since the first waves of migrants from Tunisia, the situation has evolved constantly, with ever more sub-Saharan migrants and refugees seeking international protection. Such changeable flows require flexibility and constant adjustment to the operational response. For each possible scenario, an appropriate operational response was planned by the Joint Operations Unit and all necessary steps were taken to ensure that a rapid response could be launched anywhere in the operational area at any time.

This is an ongoing process and a challenge to which expert staff at the agency’s Warsaw HQ, and the Frontex Operational Office in Piraeus, Athens, continue to respond. This readiness ensures operational flexibility. It also demonstrates another important area in which Frontex adds value to member states’ activities at the EU’s external borders. It must always be borne in mind that it is the member states themselves that remain at all times responsible for their own borders; Frontex’s role is to provide support when requested. Keeping member states up to date with detailed and accurate intelligence is one of the ways the agency works behind the scenes to maximise member states’ effectiveness. Another way is by providing a platform for exchange of data and other information. Equally, experts in the field debrief migrants to build up a clearer picture of the routes used, prices paid and other modi operandi of the smuggling networks involved.

The cruel sea
The maritime domain remains the most complicated for border control, not least legally. The provisions of national and international maritime law and their impact on migration management, make the seas the most challenging environment for operations. It is for this reason that for many years, Frontex has been encouraging greater coordination between the southern member states themselves through the European Patrols Network (EPN) – an initiative to increase efficiency, improve information sharing and reduce overlapping of efforts and the incumbent gaps they leave in surveillance. It was the existing EPN provisions in the Mediterranean that formed the basis of Frontex’s operational response to the migration flows from North Africa. And it is the EPN that will be strengthened as a combined surveillance response going forward. EPN will form an essential component of EUROSUR, the common European surveillance system now being developed. It will also help to enhance Europe’s search-and-rescue capacity in the Mediterranean.

But as has been said many times, border control is no panacea. It is the last line of control and rescue. Its rightful place is at the heart of a far-reaching IBM [Integrated Border Management] system that includes deterrents against illegal migration as well as incentives for legal migration, and that tackles the root causes of such migration in countries of origin and transit. To put it simply, prevention is better than cure, and by the time migrants reach the external EU border it is often too late.

The most effective way to tackle the dangers of illegal migration by sea is to deter migrants from setting out in the first place. Only when this principle is enshrined at the EU policy level can it be claimed that the Union is seriously tackling illegal migration and cross-border crime.”

Click here for link to full text of article.

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by | 22 Sep 2011 · 04:09

HRW Report: Frontex Exposes Migrants to Abusive Conditions in Greece

Human Rights Watch yesterday issued a report entitled “The EU’s Dirty Hands: Frontex Involvement in Ill-Treatment of Migrant Detainees in Greece” which “assesses Frontex’s role in and responsibility for exposing migrants to inhuman and degrading detention conditions during four months beginning late in 2010 when its first rapid border intervention team (RABIT) was apprehending migrants and taking them to police stations and migrant detention centers in Greece’s Evros region. … ‘Frontex has become a partner in exposing migrants to treatment that it knows is absolutely prohibited under human rights law,’ said Bill Frelick, Refugee Program director at Human Rights Watch. ‘To end this complicity in inhuman treatment, the EU needs to tighten the rules for Frontex operations and make sure that Frontex is held to account if it breaks the rules in Greece or anywhere else.’ … ‘It’s a disturbing contradiction that at the same time that the European Court of Human Rights was categorically ruling that sending migrants to detention in Greece violated their fundamental rights, Frontex, an EU executive agency, and border guards from EU states were knowingly sending them there,’ Frelick said. … ‘As new migration crises emerge in the Mediterranean basin and as Frontex’s responsibilities expand, there is an urgent need to shift EU asylum and migration policy from enforcement-first to protection-first.’ Frelick said. ‘This is not only legally required, but the EU, its agencies, and member states can and should respect and meet the EU’s own standards.’”

As the HRW report notes, the humanitarian crisis on the Greece-Turkey land border was many years in the making, but among the contributing factors to the increased flow of migrants seeking to enter the EU at this location, which by November 2010 accounted for 90% of the detected illegal crossings at EU borders, were the enhanced migration control measures in the Central Mediterranean and West Africa, specifically the bi-lateral push-back practice being implemented at the time by Italy and Libya and Spain’s bi-lateral agreements with West African countries.  Increased sea patrols along Greece’s maritime borders also contributed to the shifting of the flow to the land border.

Frontex issued a statement (or click here) responding to the HRW report in which it welcomed the report and said it was “satisfied to note that its comments on the original draft were taken on board. The report now highlights an issue, which we agree, is of great importance. We would like to recall that Frontex fully respects and strives for promoting Fundamental Rights in its border control operations which, however, do not include organisation of, and responsibility for, detention on the territory of the Member States, which remains their exclusive remit. … Frontex was receiving signals of concern from national officers deployed to the region. The Agency has been extremely concerned with the conditions at the detention centres – a point which we raised on several occasions both with the Greek authorities and with the European Commission. Nevertheless, we continue to stress that at the practical level abandoning emergency support operations such as RABIT 2011 is neither responsible, nor does it do anything to help the situation of irregular migrants on the ground….”

Here is Cecilia Malmström’s comment from her blog on the HRW report (translated from Swedish by Google translate):

“I also had a long meeting [on 21 September] with Human Rights Watch who has published a highly critical report on the asylum system in Greece . They argue that the EU agency Frontex, by its presence legitimizes the poor conditions at the border of Greece. We are well aware of the totally unacceptable situation at the reception centres in Greece and I am very frustrated that the situation is so slow to improve, especially in Evros. But probably the situation would have been even worse if Frontex had not been in place. We continue to put pressure on Greece and the new regulatory framework for Frontex, which I have proposed and was adopted by Parliament last week to strengthen its work on human rights significantly. The report will also be discussed in the FRONTEX Agency board meeting next week.”   (“Jag hade också ett långt möte med Human Rights Watch som har publicerat en mycket kritisk rapport om asylsystemet i Grekland . De menar att EU-organet Frontex genom sin närvaro legitimerar de usla förhållandena vid gränsen i Grekland. Vi är väl medvetna om den helt oacceptabla situationen vid mottagningscentren i Grekland och jag är väldigt frustrerad över att det går så långsamt att förbättra situationen särskilt i Evros. Men troligen hade situationen varit ännu värre om inte Frontex hade varit på plats. Vi fortsätter att sätta press på Grekland och i det nya regelverk för Frontex som jag har föreslagit och som Europaparlamentet antog förra veckan stärks arbetet med mänskliga rättigheter väsentligt. Rapporten skall också diskuteras på Frontex styrelsemöte nästa vecka.”)

Excerpts from the HRW Report:

“Key Recommendations

To the European Commission, the European Parliament and the European Council

  • Amend the Frontex Regulation to make explicit, and thereby reinforce, the obligation not to expose migrants and asylum seekers to inhuman and degrading detention conditions.
  • Amend proposed Frontex Regulation Art. 26a to empower the Fundamental Rights Officer to refer Frontex to the Commission for investigation and where appropriate infringement proceedings in the event that the Frontex executive director fails to suspend operations despite persistent and serious violations of the Charter and/or in the event that members states and their agents persistently violate the Charter during Frontex operations.

To Participating European States 

  • Suspend any participation in Frontex operations that fail to adhere to binding international human rights standards.
  • Instruct border guards deployed on Frontex missions on their obligations under international law. Ensure that border guards are trained and conversant regarding all rules and standards pertaining to the transfer and treatment of detainees.

To the Frontex Management Board

  • Suspend the deployment of EU border guards to Greece unless migrant detainees can be transferred to facilities elsewhere in Greece (or outside of Greece) that meet EU and international standards or until the conditions of detention in the Evros region where migrants are currently detained are improved and no longer violate European and international standards.
  • Intervene with Greek officials and monitor compliance to ensure that migrants apprehended by guest guards are transferred to detention facilities that comply with European and international standards.
  • Conduct thorough assessments of the risk that human rights violations may occur before engaging in joint operations or deploying RABIT forces.

To Greece

  • Implement the recently adopted asylum reform package as fully and as quickly as possible.
  • Ensure access to asylum procedures at the border and in the border region.
  • Reduce overcrowding by using alternative facilities and alternatives to detention as much as possible.
  • Immediately improve detention conditions, and immediately create open reception centers for asylum seekers and members of vulnerable groups, such as children.”

Click here for HRW Report.

Click here for HRW Press Release.

Click here or here for Frontex response.

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

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by | 27 May 2011 · 04:20

European Commission: Annual Report on Immigration and Asylum for 2010

The Commission released its second Annual Report on Immigration and Asylum for 2010 on 24 May (COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL).  Accompanying the 12 page Report is an 82 page Staff Working Paper.  Excerpts from the Commission press release regarding the Report:

“On Asylum:

  • Negotiations on all asylum legislative proposals must be finalised by the end of 2012, as agreed by the European Council.
  • The recent events in the Southern Mediterranean confirm the necessity of having in place a common asylum system at EU level. This implies better EU legislation, strengthened practical cooperation coordinated by the European Asylum Support Office (EASO), concrete solidarity between Member States and increased cooperation with third countries.
  • Agreement must be reached by the European Parliament and the Council on the EU joint resettlement scheme.
  • The EU relocation pilot project with Malta, the legislative reforms adopted by Greece and the ongoing support the country has received in the implementation of the Action Plan are concrete examples of the combination of responsibility and solidarity that are needed to build the Common European Asylum System.”

“On preventing irregular migration:

  • Member States must fully transpose the Employer Sanctions Directive by July 2011, which is essential for preventing irregular migration and for the credibility of legal migration.
  • Member States must step up measures against trafficking in human beings, including assistance given to victims under Directive 2004/81/EC with a view to dismantling networks of traffickers while strengthening rights of the victims.
  • Member States must fully transpose and implement the Return Directive and continue to make use of the opportunity offered by this Directive to foster voluntary departure as the preferred return option.
  • The use of joint return flights should be continued, by making full use of the European Return Fund and FRONTEX coordination, and including the presence of forced return monitors as required under the Return Directive.
  • Member States should systematically add entry bans in the Schengen Information System in order to give full effect to the European dimension of entry bans issued under the Return Directive.”

“On effective Border Control:

  • The European Parliament and the Council must agree on the proposed amendment to the FRONTEX Regulation as soon as possible, to provide a proper legal basis to strengthen the functioning of the agency.
  • All Schengen border-crossing points should be properly equipped, border surveillance properly ensured, and border guards trained to use new IT tools, as stipulated in the Schengen Border Code.
  • The feasibility of setting up a European Borders Guard System should be considered.
  • Local Schengen cooperation must be fully exploited in order to ensure a fully harmonised and streamlined visa procedure, in particular for the benefit of bona fide travellers.
  • Member States should continue to prepare the ground for establishing EUROSUR, the entry/exit system and the registered traveller programme.
  • To better coordinate the checks at the external borders the Commission will present proposals in 2012, in order to improve interagency cooperation between FRONTEX, EUROPOL, national customs and police authorities.”

I have reproduced about half of the Annual Report here, but have not had time to begin reading the Staff Working Paper.

Excerpts from Annual Report on Immigration and Asylum (2010):

“[***]

The present Annual Report is presented in response to the request made by the European Council when adopting the 2008 Pact on Immigration and Asylum[1] and covers the developments during 2010 in the implementation of the Pact and the relevant priorities of the Stockholm Programme adopted in 2009[2], both at the EU and the national level. The report has been prepared on the basis of Member States’ contributions and other information, in particular reports from the National Contact Points (NCPs) of the European Migration Network (EMN).

The report summarises and assesses developments at the EU and the national level[3], and puts forward recommendations for future action.

II. Entering and Residing in the EU

[***]

1. Legal migration – ensuring a legal way to enter the EU

[***]

2. Asylum – granting international protection and ensuring solidarity

In 2009 Member States recorded 266 400 asylum applications, the number in 2010 was 257 815, a slight decrease of 3%. While Poland, Italy, Hungary and Malta received less asylum-seekers in 2010 than in 2009, significant increases were recorded in Germany, Belgium and Sweden.

In 2010, the most important countries of citizenship of asylum-seekers in the EU were, in order: Afghanistan (20 580), Russia (18 500), Serbia (17 715, excluding Kosovo*[4]), Iraq (15 800) and Somalia (14 350).

In 2010, 55 095 asylum-seekers received a protection status in the EU at first instance (refugee, subsidiary protection or humanitarian). Protection was therefore granted in 25% of decisions taken in first-instance procedures.

In 2009, 7 147 refugees were resettled in the EU from third countries. The figure for 2010 was [until Q3] 3 848.

Legislative progress was slow and difficult in the field of asylum in 2010. The co-legislators agreed on the extension of the scope of the Long-Term Residents Directive to beneficiaries of international protection, and made some progress on the Dublin and Eurodac Regulations as well as on the Qualification Directive. To give an impulse to the stalled negotiations on the Reception Conditions and Asylum Procedures Directives, the Commission will adopt modified proposals on these two instruments in June 2011.

The adoption in 2010 of the Regulation for the creation of the European Asylum Support Office (EASO) was a significant development. The Commission is working actively so that the EASO becomes operational in June this year in view of boosting practical cooperation.

Solidarity among Member States is needed as one of the components of the Common European Asylum System (CEAS). A pilot project for the relocation from Malta to ten Member States of approx. 250 beneficiaries of international protection is running and will be extended beyond its originally intended duration so as to facilitate the relocation of recently-arrived migrants in need of international protection.

Following the submission of an Action Plan to the European Commission in August 2010, Greece has embarked on a comprehensive overhaul of its asylum and migration system, and has received support from the Commission, the Member States, Norway, the UNHCR and other EU partners. Asylum Expert Teams coordinated by the EASO are now deployed there. Important new legislation has already been adopted by Greece in 2010, and its implementation is underway.

Existing Regional Protection Programmes (RPPs) in Tanzania and Eastern Europe continued; the implementation of a new RPP in the Horn of Africa region started in September, in close cooperation with the UNHCR; and work advanced on the development of another RPP in North-Eastern Africa (Egypt, Libya and Tunisia).

Resettlement is equally essential in this context. Negotiations on the creation of a Joint EU Resettlement Programme must come to an operational and positive end. A strategic approach and political steering on the use of resettlement is needed.

  • Negotiations on all asylum legislative proposals must be finalised by the 2012 deadline.
  • The recent events in the Mediterranean and the need to restructure the asylum systems of some Member States confirm the necessity of creating a common procedure and a uniform status at EU level. This implies better EU legislation, strengthened practical cooperation coordinated by the EASO, a concrete multifaceted commitment to solidarity and an increased investment in cooperation with third countries.
  • Agreement must be reached by the European Parliament and the Council on the EU Joint resettlement scheme.
  • The EU relocation pilot project with Malta, the legislative reforms which have been adopted by Greece and the ongoing support it has received in the implementation of the Action Plan are concrete examples of the combination of responsibility and solidarity that are needed to build the CEAS.

3. Integration – a key element both for migrants and receiving societies

[***]

III. Addressing irregular migration to facilitate regular migration

In 2009, the number of irregularly staying third country nationals apprehended in the EU-27 was about 570 000 (7% less than in 2008). Member States returned about 253 000 third country nationals (4.7% more than in 2008).

In 2010 63% (i.e. about 20 000 detections) of illegal border-crossings into the EU were detected in 3Q2010 at the Greek/Turkey land border.

Effective measures aimed at preventing irregular immigration and at securing safe borders are an essential component of a coherent and credible EU immigration policy, but this policy must be fair and human rights must be respected.

1. Instruments for fighting irregular migration

Two legal key instruments have been adopted in recent years – the Return Directive 2008/115/EC and the Employer Sanctions’ Directive 2009/52/EC. They are in place now, but their state of transposition is far from satisfactory, in particular with respect to the Return Directive, where the implementation deadline passed on 24 December 2010. That is why its full and timely transposition is essential. Those provisions, which directly confer rights on migrants, may be, and already are, invoked in proceedings before national courts, and directly applied at the national level, regardless of whether national transposition legislation is in place.

Reinforced border control and cooperation with third countries, notably via readmission agreements, have already proved their effectiveness, as demonstrated in some Member States which have reported on their deterrent effect and on better-functioning return arrangements. However, there remains room for improving the effectiveness of readmission agreements at the EU level, as set out in the Commission’s Communication on the Evaluation of EU Readmission Agreements (COM(2011)76). It is also clear that the higher number of joint return flights coordinated by Frontex in 2010 have been a success, earning the agency further support and increased financial means. Moreover, the 29 measures agreed by the Council to reinforce the protection of the external borders and combating illegal immigration are now being implemented. In its Staff Working Document[5] on the fulfilment of these 29 measures, the Commission reported in detail on progress achieved with regard to each measure, putting a special emphasis on the role played by Frontex, the development of EUROSUR and the ongoing dialogue on migration with main countries of origin and transit as part of the implementation of the Global Approach. These measures need to be accelerated and given priority.

The Directive on preventing and combating trafficking in human beings, and protecting victims, the EU Anti-Trafficking Coordinator appointed by the Commission and a website on fight against trafficking in human beings[6] launched in 2010 have equipped the EU with new powers and ways to fight against this modern form of slavery. The recently adopted implementation report on Directive 2004/81/EC[7] on residence permits for victims of trafficking also called for their more effective protection, which should also help to dismantle networks of traffickers.

  • Member States must fully transpose the Employer Sanctions Directive by July 2011, essential for fighting irregular migration and for the credibility of legal migration.
  • Member States must step up measures against trafficking in human beings, including assistance given to victims under Directive 2004/81/EC with a view to dismantling networks of traffickers while strengthening rights of the victims.
  • The Return Directive must be fully transposed and implemented by the Member States who should continue to make use of the opportunity offered by this Directive to foster voluntary departure as the preferred return option.
  • The use of joint return flights should be continued, by making full use of the European Return Fund and FRONTEX coordination, and including the presence of forced return monitors as required under the Return Diretcive.
  • Member States should systematically add entry bans in the SIS in order to give full effect to the European dimension of entry bans issued under the Return Directive.

2. Effective border control

In 2010 the Commission proposed a Regulation on the establishment of an evaluation mechanism to verify the correct application of the Schengen acquis. In the light of recent experiences, its adoption must be a priority, so that the EU is better equipped to enforce a uniform application of the rules and take the appropriate measures if this would not be the case. Development of the Visa Information System (VIS) continued with the completion of the second and third major testing phases out of a total of four. Final agreement was reached on the technical specifications for the interaction of SIS II with the national systems. Member States continued to prepare the ground for establishing EUROSUR in line with the roadmap. EUROSUR will gradually establish a mechanism whereby Member States’ authorities carrying out border surveillance can cooperate and share operational information with each other and with Frontex, in order to reinforce the control of the external border of the Schengen area, especially its southern maritime and eastern land borders, and step up the fight against irregular migration and cross border crime. During the past year, the EU has faced critical situations at its borders, where it was confronted with high inflows of irregular migrants. This has been, and continues to represent, a major a test for the EU’s ability to react quickly and efficiently, while the Member States most directly concerned by migratory movements have required assistance in a spirit of solidarity. The achievements of Frontex are now broadly recognised and there is widespread agreement on the need to upgrade its role in order to enable it to be more effective.

The results of concerted EU action to tackle border-related crises have been mixed. On the one hand, the EU and the Member States have demonstrated that they are capable of responding decisively to address specific challenges faced by a Member State in effectively controlling its external borders. For the first time, following a request made by Greece related to the pressure on its land borders with Turkey, use was made of Frontex’s Rapid Border Intervention Teams (RABIT). The swift deployment of the RABIT, strongly supported by participating Member States, stabilised the situation and brought down the number of arrivals compared to the peaks in 2010. Malta has recently requested deployment of the RABIT in view of the situation in the southern Mediterranean.

On the other hand, one of the lessons learnt from these events is that both increased cooperation and uniform application of the acquis must be better and more effectively ensured by all Member States. Coordinated preventive EU action vis à vis countries of origin is still slow and weak.

  • The European Parliament and the Council must agree on the proposed amendment to the FRONTEX Regulation as soon as possible, to provide a proper legal basis to strengthen the functioning of the agency.
  • All Schengen border-crossing points should be properly equipped, border surveillance properly ensured, and border guards trained to use new IT tools, as stipulated in the Schengen Borders Code.
  • The proposed Schengen evaluation mechanism must be adopted, in order to foster mutual trust between Member States and EU institutions on the correct, uniform and coherent application of the Schengen Acquis.
  • The feasibility of setting up a European Border Guard System should be considered.
  • Local Schengen cooperation must be fully exploited in order to ensure a fully harmonised and streamlined visa procedure in particular for the benefit of bona fide travellers.
  • With a view to developing a fully reliable system of EU border control, Member States should continue to prepare the ground for establishing EUROSUR, and explore the desirability of putting in place an entry/exit system and a registered traveller programme.
  • To better coordinate the checks at the external borders the Commission will present proposals in 2012, in order to improve interagency cooperation between FRONTEX, EUROPOL, national customs and police authorities.

IV. Unaccompanied minors – a specific challenge

[***]

V. The External Dimension of EU migration Policy – The Global Approach

[***]

[1]               http://register.consilium.europa.eu/pdf/en/08/st13/st13440.en08.pdf.

[3]               A Commission Staff Working Paper provides more detail.

[4]               * Under UNSCR 1244/1999.

[5]               SEC (2010) 1480 final of 26.11.2010.

[7]               COM(2010) 493.”

Click here for Annual Report on Immigration and Asylum (2010)

Click here for Staff Working Paper.

Click here for Press Release.

Click here for 2009 Annual Report on Immigration and Asylum.

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by | 21 Apr 2011 · 13:59

Cyprus, Greece, Italy, Malta, & Spain Issue Joint Communiqué Regarding Response to North African Migration

Ministers of Home Affairs and Internal Security from Cyprus, Greece, Italy, Malta, and Spain, met in Nicosia on 19 April and issued a Joint Communiqué.  Here is the full text (HT to EASO Monitor):

“Joint Communiqué II

(Nicosia, 19 April, 2011)

Following the meeting in Rome on the 23rd February 2011, the Home Affairs and Internal Security Ministers of Cyprus, Greece, Italy and Malta as well as the representative of the Minister of Interior of Spain, met again today in Nicosia and discussed the continuing dramatic developments in the Southern Mediterranean region. At the end of the meeting it was decided to issue the following Joint Communiqué.

The Home Affairs and Internal Security Ministers of the Mediterranean Member States of the EU:

Recalling our February 23rd,2011 Joint Communiqué, we have repeated our utmost concern for the unfolding events in relation to the humanitarian situation as well as to the massive illegal immigration flows and movements of possible beneficiaries of international protection that affect our countries;

Taking into account that the escalating events in countries of Northern Africa and the greater Middle East are destabilising the region and acknowledging that political reforms and democratic transitions will not take effect immediately and that their outcome is still uncertain;

Bearing in mind Europe’s longstanding tradition and commitment to the provision of international protection to people in need, in accordance with the Geneva Convention and in line with humanitarian principles and full respect of human rights;

Underlying that security and stability in the Mediterranean is directly linked to the security and stability of the EU as a whole and that effective response to this challenge requires joint efforts, commitment and solidarity from all EU Member States;

Stressing that the current emergency situation with regard to the massive illegal immigration flows and movements of possible beneficiaries of international protection brings upon the Mediterranean Member States additional social, economic, administrative and demographic burden, to that already prevailing;

Recalling the already existing intense and continuous migratory pressure at the south eastern external borders of the EU;

Expressing deep concern about the conflict in Libya and its consequences in terms of sufferings of countless human beings and growing number of displaced persons fleeing the war and taking into account that huge number of people in need of international protection could arrive at the most exposed Mediterranean Member States in the immediate future;

Emphasizing that the possible prolongation of such influxes of illegal migrants and asylum seekers to the Mediterranean Member States, cannot be managed without the concrete and substantial support and solidarity from the rest of the EU’s Member States; alternatively, the situation will seriously jeopardize our ability, and subsequently the Union’s ability, to manage the displaced persons and provide those in need with international protection as well as undermine our common security;

Stressing that the arising situation will challenge and undermine the efforts of those Member States to reform their overburdened national asylum systems;

Reaffirming the urgent necessity for EU to provide concrete and immediate support to Member States on the EU southern external borders;

Stressing the need for additional actions and policies with a view to implement the EU principle of solidarity and fair sharing of responsibility as expressed in the Treaty on the Functioning of the European Union and in line with the Stockholm Programme, the European Pact on Immigration and Asylum, the Global Approach to Migration, the relevant European Council Declaration of 11 March 2011 and Conclusions of 24 and 25 March 2011, the JHA Council Conclusions of 11and 12 April 2011 on the management of migration from the Southern Neighbourhood and the JHA Council Conclusions of 25 and 26 February 2010 on 29 measures for reinforcing the protection of the external borders and combating illegal immigration;

Therefore we, the Ministers of Home Affairs and Internal Security of the EU Mediterranean Countries, have adopted a common position on the emerging situation in our region and urge the European Union to practically offer operational as well as financial support to Member States which face mass and disproportionate mixed migration flows, by fully mobilizing all available EU assets, instruments and capabilities, either existing or additional ones,.

Particularly, as the competent Ministers of the EU Mediterranean Member States, urge the European Union to:

Urgently present and implement proposals on the Global Approach to Migration as well as on Mobility Partnerships, in a spirit of genuine cooperation with the countries of the Southern Neighbourhood Region, also to effectively control and manage the current and the anticipated mass migration flows as well as situation-specific schemes on return and readmission.

Call on FRONTEX to immediately implement the provisions set out in section 5 of the JHA Council Conclusions of 11 April 2011, to speed up negotiations with the countries of the region – and in particular with Tunisia – with a view to concluding operational working arrangements, and organising joint patrolling operations in cooperation with Tunisian authorities and in application of all relevant international Conventions, in particular the UN Convention on the Law of the Sea (“the Montego Bay Convention”).

Call on FRONTEX to intensify the monitoring of the situation based on risk analysis and encourage Member States to provide the Agency with further human and technical resources so as to continue its ongoing operations (Joint Operation Hermes, Joint Operation Poseidon Land and Sea and the possible deployment of a RABIT operation in Malta) in the light of the emerging situation. Furthermore, call FRONTEX to expand its operations, where and when necessary, to prevent illegal flows in the eastern Mediterranean area of Egypt and Syria. To this end, further adequate financing of FRONTEX should be considered so as to increase the Organization’s capabilities to fulfil successfully its tasks.

Enhance the operational capacity and the coordinating role of the FRONTEX Operational Office in Piraeus in order to effectively deal with the situation;

Accelerate work on the FRONTEX Amending Regulation with a view to an agreement by June 2011 which will strengthen its capacity, make it truly operational and improve its synergy with other bodies.

Promote practical cooperation with the countries of origin or transit of illegal migrants in the region in preventing and fighting illegal migration flows, inter alia by concluding Readmission Agreements, developing Voluntary Return Programmes, enhancing their capacity of border management and surveillance, expanding the Immigration Liaison Officers Network, promoting legal migration by exploring the possibility of concluding mobility partnerships;

Encourage Member States to expedite discussions on the proposal for recasting the Dublin II Regulation, including a mechanism to suspend the transfers to Member States facing particular pressure on their national asylum systems.

Urgently mobilize all available financial assistance through the External Borders Fund and European Refugee Fund and in addition, as section 4 of the JHA Council Conclusions of 11 April, 2011 reads, activate supplementary funds that can be made available to Member States or FRONTEX at short notice when needed. In this vein establish a special solidarity Fund, when necessary, to tackle exceptional emergency situations and humanitarian crisis.

Deploy every available possibility by the European Asylum Support Office to offer practical support to the Member States of the Mediterranean Region in need. A permanent specialised mechanism should be set up through the EASO, which, at exceptional emergency situations, will provide Member States in need with the necessary logistical and technical support.

As a matter of priority, present a proposal for implementing a coherent and comprehensive mechanism for distributing responsibilities, on a voluntary basis, specifically regarding the relocation of beneficiaries of international protection among member states, in case of European countries faced with particular pressures, as a consequence of their geographical or demographic situation, especially when facing the sudden arrival of third country nationals in need of international protection.

Commit to the work on establishing a Common European Asylum System with a view to respect the 2012 deadline.

We the Ministers of the Mediterranean Member States of the EU agreed to meet again soon, at a date to be agreed, in order to further coordinate our efforts before the European Council of June this year.”

Click here for document.

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by | 11 Apr 2011 · 15:40

JHA Council Conclusions on the management of migration from the Southern Neighbourhood – 11 April 2011

Excerpts from today’s JHA Council Conclusions:

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5. The Council calls on FRONTEX to continue to monitor the situation and prepare detailed risk analyses on possible scenarios with a view to identifying the most effective responses to them, and also invites FRONTEX to speed up negotiations with the countries of the region – and in particular with Tunisia – with a view to concluding operational working arrangements, and organising joint patrolling operations in cooperation with Tunisian authorities and in application of all relevant international Conventions, in particular the UN Convention on the Law of the Sea (“the Montego Bay Convention”).

6. The Council urges Member States to provide further human and technical resources to support the Agency’s operations, and in particular the existing Joint Operations Hermes, Poseidon Land and Sea and the possible deployment of a RABIT operation in Malta, in accordance with needs identified by the Agency in the light of the developing situation.

7. In order to rapidly strengthen the competences of FRONTEX and put more effective tools at its disposal, the Council agrees to accelerate negotiations on amending the FRONTEX Regulation, in cooperation with the European Parliament, with a view to reaching agreement by June 2011.

8. The Council underlines the need to promote all relevant forms of cooperation on a performance-based approach in the field of migration, mobility and security with the countries of the region that are sufficiently advanced in their reform progresses, and that effectively cooperate with the EU and its Member States in preventing illegal migration flows, managing their borders and cooperating in the return and readmission of irregular migrants. The Council stresses the need for early progress in the area of return and readmission in the case of relevant third countries, and recalls in particular that all States have an obligation to readmit their own nationals.

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10. The Council welcomes the outcome of the visits of the Presidency and the Commission to Egypt and Tunisia and the intention of the Commission to follow-up these visits by setting up dialogues with the authorities of these countries at senior officials’ level, in which Member States will also participate, and which will be aimed at promoting the swift development of cooperation on the management of migration flows. This dialogue should in first instance, focus on the identification and promotion of measures which can contribute in a concrete and effective way to the prevention of illegal migration, to the effective management and control of their external borders, to the facilitation of the return and readmission of irregular migrants, and to the development of protection in the region for those in need, including through regional protection programmes. Subsequently, this dialogue could explore the possibilities for facilitating people-to-people contacts using instruments such as mobility partnerships.

11. The Council stresses the importance of offering durable protection solutions to those in need of international protection present in the countries of the Southern Neighbourhood, and, in this respect, calls on the Commission and the Council’s preparatory bodies to examine the possibility of assisting those countries in capacity building in the area of international protection, including by activating existing regional protection programmes, and assessing the need for additional programmes in the region.

12. The Council recalls that resettlement of refugees on a voluntary basis, in particular those living for some years in a situation of protracted displacement and vulnerability, and having no other perspective, can represent a durable solution for them. The Council takes note of the willingness of certain Member States to consider offering resettlement opportunities for the refugees present in the region. The Council invites Member States to continue supporting UNHCR in the development of resettlement programmes and calls on the Commission to identify solutions for supporting financially such resettlement actions.

13. The Council underlines that the measures mentioned in the paragraphs above represent the immediate answer to the crisis situation in the Mediterranean, but that it is also crucial to put in place a more long-term sustainable strategy to address international protection, migration, mobility and security in general, and taking also the secondary movements to other Member States into account.

14. The Council welcomes the Commission’s intention to come forward for that purpose with proposals in response to the Declaration of the Extraordinary European Council of 11 March and the Conclusions of the European Council of 24-25 March, and notes that the Presidency stands ready to convene an extraordinary meeting of the Council on 12 May if necessary in the light of developments and to further consider these matters.”

Click here for full document.

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by | 05 Apr 2011 · 04:52

Frontex Releases its “Fundamental Rights Strategy”

According to a Frontex press release, “Frontex’s Management Board endorsed the Agency’s Fundamental Rights Strategy during its most recent meeting, on March 31. The approved document sets out the objectives, legal and political context, operational implications and implementation plan for the strategy.”  “The new strategy will be elaborated into an Action Plan, which has been requested by the Management Board with a view to adopting it at the next meeting, scheduled for May 24.”

I have done a quick read of the 8 page document and overall had a positive reaction to the strategy.  One weakness, and there are probably others, is that in the end “Member States remain primarily responsible for the implementation of the relevant international, EU or national legislation and law enforcement actions undertaken in the context of Frontex coordinated joint operations…”  (See Para 13 below.)  There is not much that Frontex can do about this, unless Frontex is given authority to act independently from individual MS.

The strategy does contemplate that Frontex can terminate a Joint Operation if respect for fundamental rights can not be guaranteed.  (See Para 15 below.)  I try to imagine how this strategy would operate within the current Joint Operation Hermes if the influx of Tunisians were to continue and expand and if Italy were to begin unilateral returns of Tunisian nationals (or others) to Tunisia without adequate process.  Would Frontex discontinue Operation Hermes?  It is hard to imagine that happening given the current situation in North Africa.

Here are some excerpts from the strategy consisting of some of the provisions which jumped out at me – the full document however should be consulted:

“Preamble

Frontex considers that respect and promotion of fundamental rights are unconditional and integral components of effective integrated border management.

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The Legal and Political Context

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13. Member States remain primarily responsible for the implementation of the relevant international, EU or national legislation and law enforcement actions undertaken in the context of Frontex coordinated joint operations (JOs) and therefore also for the respect of fundamental rights during these activities. This does not relieve Frontex of its responsibilities as the coordinator and it remains fully accountable for all actions and decisions under its mandate. Frontex must particularly focus on creating the conditions for ensuring compliance with fundamental rights obligations in all its activities.

The Operationalisation

Joint Operations

14. [***] One particular objective in [Joint Operations] is ensuring that the right to international protection must not be hampered by the law enforcement action and that persons seeking protection are referred to the competent national authorities to assess their case.

15. [***] Corrective measures should be taken in case of breach or serious risk of breach of fundamental rights. As last resort, Frontex might terminate a JO if the conditions guaranteeing the respect for fundamental rights are no longer met. [***]

17. Frontex will put in place an effective reporting system to ensure that any incidents or serious risks regarding fundamental rights are immediately reported by any participating officer or Frontex staff member and can be acted upon. This reporting should be the basis for effective monitoring of all its operations. The monitoring effectiveness and credibility will rely heavily on the commitment of national border guard services to report but also on the involvement of external stakeholders. The Operational Plan shall set out the modalities for reporting, including how and to who report.

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19. Alleged violations of human rights reported either by national or Frontex officers or third parties, when substantiated, will be followed up by Frontex by communicating and clarifying the situation in cooperation with the competent national authorities without prejudice to any resulting administrative or penal procedures. Member States should also inform Frontex on the follow-up measures.

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21. In addition to pursuing a regular exchange of information with external partners engaged in fundamental rights protection activities, in particular the Fundamental Rights Agency (FRA), the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM) and the EU Anti-Trafficking Coordinator, Frontex will endeavour to ensure their regular involvement in the relevant operational activities in accordance with the Working Arrangements with these partners. The involvement of these external partners or others should be foreseen in the Operational Plan, which should also define the scope of the cooperation.

22. Frontex will also seek advice from its external partners on the relevant instructions or guidelines for officers taking part in Frontex activities. These instructions or guidelines, which should form an integral part of each Operational Plan, could relate to methods for better identifying people seeking international protection, proper treatment of vulnerable groups including potential victims of trafficking or fundamental rights monitoring of operational activities. The final aim is to promote the highest standards in compliance with fundamental rights by the development and promotion of best practices.

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External Relations

28. Frontex cooperation with Third Countries’ border-guard services is conducted under the EU External Relations Policy and shall therefore be guided by the principle of the respect of human rights. Frontex is committed to adjusting its cooperation arrangements and activities to the EU foreign policy measures adopted as a consequence of the human rights situation in the partner Third Country.

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The Implementation

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38. In order to increase the transparency and credibility of this process, external third parties, in particular those representing civil society, shall be involved. Their concerns and perspectives must be taken into account for the evaluation and revision of the strategy. Frontex, national border-guard services, external partners and representatives of civil society shall therefore have the possibility to exchange views and suggest means of improvement for the strategy and the Action Plan in a consultative forum, to be convened periodically at Frontex Headquarters.

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Click here for the Frontex strategy document.

Click here for Frontex press release.

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by | 03 Apr 2011 · 06:20

Maltese Conditions for Hosting Frontex Mission Not Accepted by Frontex

The Times of Malta has posted copies of an exchange of correspondence between Home Affairs Minister Carmelo Mifsud Bonnici and Frontex Director Ilkka Laitinen.   The Times of Malta article does not identify the source of the correspondence.  It appears likely that the posted correspondence does not include all of the recent communications between Malta and Frontex.  However, that which has been made available by the Times of Malta provides additional background information regarding Malta’s refusal to host a Frontex mission.

According to the posted correspondence, on 10 March, Mifsud Bonnici made an urgent request to Frontex for a new Joint Operation and deployment of a Rapid Border Intervention Team.  Malta’s request however was conditioned upon Frontex agreeing to the establishment of a joint processing centre outside of Malta and an agreement not to follow the non-binding Guidelines pertaining to the surveillance of the sea external borders contained in Part II of the Annex to Council Decision 2010/252/EU.

On 29 March, Director Laitinen responded.  Laitinen said that on 22 March he took the decision to deploy a RABIT team to Malta and that a fact-finding visit to Malta took place 24-25 March, but that during the visit, the Frontex delegation was informed that Malta would agree to accept a RABIT deployment only if Malta’s requests for the creation of the joint external processing centre and the Joint Operation were organised simultaneously with the RABIT deployment.  Laitinen said that as of 28 March Frontex had received 10 official answers from Member States responding to Malta’s request for contribution to a possible Joint Operation and creation of the external processing centre; 9 of the answers were negative or questioned the concept of joint operation:  “According to the replies – and also indicted by the number of missing replies – it is obvious that the MS consider the establishment of a joint processing centre as an issue that needs discussion and agreement on political level.  It remains doubtful from legal point of view that a joint operation not applying the non-binding part of the Maritime guidelines – Council decision No 2010/252/EU – could be developed and implemented under Frontex coordination.”

Mifsud Bonnici’s initial letter was written before the first migrant boat from Libya arrived  in Malta on 28 March.  Presumably discussions between Malta, Frontex, and the Commission are ongoing.

Click here or on this link (Mifsud Bonnici Ltr – 10 March 2011 ) for the letter from Mifsud Bonnici to Laitinen.

Click here or on this link (Laitinen Ltr – 29 March 2011 ) for the letter from Laitinen to Mifsud Bonnici.

Click here for Times of Malta article.

A third letter from Commissioner Malmström was also posted by the Times of Malta.  It makes reference to the exchange discussed above.  More on this and on Malta’s call for triggering the Temporary Protection Instrument later.

Click here or on this link ( Malmström Ltr – 1 April 2011 ) for the letter from Malmström to Mifsud Bonnici.

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by | 02 Feb 2011 · 17:09

Greece requests 2d extension of Frontex RABIT deployment due to events in Egypt

Kathimerini reported on 1 February that Greece requested an additional extension of the Frontex RABIT deployment in Greece due to the situation in Egypt and a fear that there may be a surge in migration towards Greece.  The current RABIT deployment is scheduled to end on 3 March.  The deployment was originally scheduled to end in November 2010 and was extended until March 2011.  The Kathimerini article said that Frontex’s initial informal response to the requested extension was positive.

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

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